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Home My WebLink About04-5900 .. SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEVSoAToLAW 26 W. High Street Carlisle, P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILBUR R. GORDON, JR., Plaintiff CIVIL ACTION - CUSTODY v. Docket No. 2004 - ::f qP ~ SHANNE L. GORDON, Defendant (In Custody) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Petition to Modify Custody and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS-AT-LAW 26 W. High Street Carlisle, P A NOTICIA Le han demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archiver en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas u puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualguir queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO IlENE ABOGADO 0 SI NO TlENE EL DINERO SOFICIENTE DE P AGAR TAL SERVICO, V A Y A EN PERSONAL 0 LLAME paR TELEFONO A LA OFICINA CUY A DlRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGAUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 By: SAllIS, SHUFF, FLOWER & LINDSAY f) -: ~./i""\ OrlWh / / Lindsay, ~ squire Attorne I.D o. 87954 orzd6aA-.. 26 West High Street f9-7' 1It~ Carlisle, Pennsylvania n~~o.., (717) 243-6222 /{/'~Jd.lA~~ Attorneys for Plaintiff , SAIDIS SHUFF, FLOWER & LINDSAY AITORNEYSoAToLAW 26 W. High Street Carlisle, P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WILBUR R. GORDON, JR., Plaintiff CIVIL ACTION - CUSTODY v. Docket No. 2004 - SHANNE L. GORDON, Defendant (In Custody) COMPLAINT FOR CUSTODY AND NOW, this :~ ~day of November, 2004, comes Plaintiff, Wilbur R. Gordon, Jr., by and through his attorneys, Saidis, Shuff, Flower & Lindsay, and files the following Complaint for Custody, and in support thereof avers as follows: 1. Plaintiff, Wilbur R. Gordon, Jr., is an adult individual who currently resides at 302 Juniper Street, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter referred to as "Father"). 2. Defendant, Shanne L. Gordon, is an adult individual who currently resides at 502 North Earl Street, Shippensburg, Cumberland County, Pennsylvania 17257 (hereinafter referred to as "Mother"). 3. Plaintiff, Wilbur R. Gordon, Jr., is the natural father of three (3) minor children, Wilbur R. Gordon, III, whose date of birth is February 24, 1996, Garrett Sterling Gordon and Tucker Leon Gordon, whose dates of birth are August 11, 1997 (hereinafter collectively referred to as the "Children"). 4. Defendant, Shanne L. Gordon, is the natural mother of the Children. 5. The Children were not born out of wedlock. 6. The parties were married on June 4, 1994 III Cumberland County, Pennsylvania and subsequently separated on August 20, 2004. SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYSeATeLAW 26 W. High Street Carlisle, P A 7. Father seeks to affirm, clarify and memorialize the parties' custody agreement. As such, he requests that an Order be issued in the form attached hereto, memorializing and cementing the parties' Stipulation and Agreement for Custody, as set forth in Paragraph 16, herein. 8. Mother's current address is 502 North Earl Street, Shippensburg, Cumberland County, Pennsylvania, where Mother exercises shared legal custody and primary physical custody of the Children. 9. Father's current address is 302 Juniper Street, Carlisle, Cumberland County, Pennsylvania, where Father exercises shared legal custody and periods of partial physical custody of the Children. 10. The relationship of Plaintiff to the Child is that of natural father. 11. The relationship of Defendant to the Child is that of natural mother. 12. Father has no information of any other custody proceeding concerning the Children pending in any court of this Commonwealth. 13. Father does not know of a person, not a party to this proceeding, who has physical custody of the Children or claims to have physical custody or visitation rights with respect to the Children. 14. The best interest and permanent welfare of the Children will be served by granting the relief requested because: a. Plaintiff is the natural father of the Children; b. Defendant is the natural mother of the Children; c. Both Mother and Father have a warm, loving relationship with the Children; SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYSeATeLAW 26 W. High Street Carlisle. P A d. Both Mother and Father have, in the past, and will continue to provide a stable, loving home environment for the Children; e. Both parties and the Children will benefit from memorializing and formalizing their Custody Stipulation and Agreement and from having their Agreement entered as a Court Order. 15. Each parent whose parental rights to the Children have not been terminated and the person(s) who has physical custody of the Children have been named as parties to this action. There are no other persons who are known to have or claim to have a right to custody or visitation of the Children. 16. Both Father and Mother request that the following Custody Stipulation and Agreement be entered as a Court Order: a. The parties shall have joint legal custody of the Children. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the lives' of their Children, including educational, medical, and religious decisions. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being, including, but not limited to, all decisions regarding their health, education and religion. The custodial parent shall inform the non-custodial parent immediately of all medical and dental appointments and problems pertaining to the Children. If the Children are sick and are unable to attend school or other planned activities, the parent then having custody will notify the other parent as soon as practicably possible. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of the Children with health care providers, sufficiently in advance thereof so that the other party can attend, if he or she so chooses. SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYSeATeLAW 26 W. High Street Carlisle, P A Pursuant to the terms ofPa.C.S. 95309, each parent shall be entitled to equal access to all records and information pertaining to the Children, including, but not limited to, the Children's school, medical, dental, religious and other important records, the residence address of the Children and the other parent. As soon as practical after the receipt by a party, copies of the Children's school schedule, special events notifications, report cards, and similar items shall be provided to the other party. To the extent one (1) parent has possession of any such records or information, that parent shall be required to share same, or copies thereof, with the other parent within such reasonable time as to make the records or information of reasonable use to the other parent. The custodial parent shall provide copies of the Children's report cards and other reasonable papers affecting the Children's education, medical condition or welfare. Notwithstanding that both parents shall 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 Stipulation. b. Physical custody of the Children, as that term is defined in the Custody Act, shall be primarily with Mother, subject to Father's periods of partial custody pursuant to the following physical custody schedule: 1. During the school year, Father shall have custody of the Children every Thursday from after school through the start of school on Friday. Father will make sure that the Children arrive at school in a timely fashion; and 2. During the school year, Father shall have custody of the Children every other weekend from Thursdays after school through Sunday evening at 8:00 p.m., or, ifthe Children have off of school on a Monday extending from Father's weekend, Father shall have partial custody of the Children through Monday evening at 6:00 p.m.; and SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A 3. During the school year, on the weeks when Father does not have the Children on the weekend, he shall have the option of exercising a period of partial custody on Tuesday evening from after school until 8:00 p.m.; 4. During the summer, Father and Mother shall alternate periods of partial custody on a 2 week-on, 2 week-off, basis. The custody exchanges for these periods of partial custody shall take place on Sunday mornings at lO:OO a.m. The 2 week-on/2 week-off summer custody schedule shall commence the first full week of the Children's summer vacation from school, with the first 2-weeks being Father's weeks every summer, and the 2 week-on/2 week-off summer custody schedule shall end the last full week of the Children's summer vacation from school. c. Transportation for custody purposes shall be divided by the parties as equally as possible. In the event that there is no specific provision governing the custody exchange, above, the parent who is to receive custody at the time of the exchange is to provide for transportation from the residence of the other parent. 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. d. The holiday schedule shall take precedence over the regular visitation schedule and shall be as follows: 1. During Christmas Holiday Season, commencing in 2004 and in all even-numbered years thereafter, Mother shall have the right of partial custody from December 24th after school, through December 25th at 2 :00 p.m. Mother will also have the right of partial custody from New Years Day (January 1, 2005) at noon until 9:00 p.m. (hereinafter referred to as "Segment A") and Father shall have the right of partial custody from December 25th at 2:00 p.m. through December 26th at 9:00 p.m. Father will also have the right of partial custody from New Year's Eve (December 31, 2004) through New Year's Day (January 1, 2005) at noon (hereinafter referred to as "Segment B"). During the Christmas Holiday Season, commencing in 2005 and in all odd-numbered years thereafter, Father shall have the right of partial custody for Segment A, and Mother shall have the right to partial custody for Segment B; and 2. During the Thanksgiving Holiday Season, commencing in 2004 and in all even-numbered years thereafter, Father shall have the right of partial custody from 3 :00 p.m. Thanksgiving day through the day after Thanksgiving at 9:00 p.m. (hereinafter referred to as "Segment A") and Mother shall the right of partial custody of the Children from after school the day before Thanksgiving through Thanksgiving Day at 3:00 p.m. (hereinafter referred to as "Segment B"). During the Thanksgiving Holiday Season, commencing in 2005 and in all odd-numbered years thereafter, Mother shall have the right of partial custody for Segment A, and Father shall have the right to partial custody for Segment B; and 3. During the Easter Holiday Season, commencing in 2004 and in all even-numbered years thereafter, Mother shall have the right of partial custody from the Saturday before Easter at 1 0:00 a.m. through that evening at 9:00 p.m. (hereinafter referred to as "Segment A") and Father shall have the right of partial custody of the Children from the Saturday before Easter at 9:00 p.m. through Easter Sunday at 8:00 p.m. (hereinafter referred to as "Segment B"). During the Easter Holiday Season, commencing in 2005 and in all odd-numbered years thereafter, Father shall have the right of partial custody for Segment A, and Father shall have the right of partial custody for Segment B; and AITORNEYS-AT-LA W 26 W. High Street Carlisle, P A 4. The parties shall alternate the following holidays: Memorial Day, Fourth of July, Labor Day, and Veteran's Day. For the 2004 calendar year, and every even-numbered year thereafter, Father shall have Fourth of July, and Veteran's Day (hereinafter referred to as "A Holidays") and Mother shall have Memorial Day and Labor Day (hereinafter referred to as "B Holidays"). For the 2004 calendar year, and every even-numbered year thereafter, Father shall have the "A" Holidays and Mother shall have the "B" Holidays. For the 2005 calendar year, and every odd-numbered year thereafter, Mother shall have the "A" Holidays and Father shall have the "B" Holidays. The rights of partial custody shall be exercised from 9:00 a.m. through 9:00 p.m. the day of the holiday; and SAlOIS SHUFF, FLOWER & LINDSAY SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT-LAW 26 W. High Street Carlisle, P A 5. For Father's Day and Mother's Day, Mother shall always have the right to partial custody on Mother's Day. Father shall always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised from 9:00 a.m. through 9:00 p.m. the day of the holiday; and 6. The Children's birthday shall be with the parent then having custody of the Children. The non-custodial parent shall have the option to exercise a period of partial custody with all the Children either the day before or the day after the Child's birthday from 9:00 a.m. through 9:00 p.m., depending on the Children's school schedule. 7. The periods of partial custody for holidays or other special days as 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 partial custody for that parent as set forth previously in this Order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations. e. In the event that either parent, during their respective scheduled periods of custody, would need to leave the Children for a period of at least two (2) hours, the custodial parent will first check with the non-custodial parent to ascertain if the non- custodial parent is available to watch the Children. In the event that neither parent is able to watch the Children, the custodial parent will then be responsible for obtaining the appropriate supervision for the Children. f. In the event that either party is more than thirty (30) minutes late for a custody exchange, in the absence of a telephone call or other communication from the parent transporting the Children, the other party 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 party will be free to make other plans with the Children. SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A g. To the extent possible, each party shall provide the other with at least forty- eight (48) hours advance notice of school, sporting, or other extracurricular activities. Both parties shall agree to honor and participate in the activities that the Children wish to engage in. During the times that each of the parents have custody ofthe Children, they will make certain that the Children attend any previously-scheduled extracurricular activities. The parties are directed to be supportive of the activities and will transport the Children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Children are able to participate in those events. Neither parent, however, shall commit the Children to any activity unless the Children definitely desire to attend that activity. Participation in activities which take place during the school year is contingent upon each Child maintaining passing grades in school. Neither parent shall commit the Children to 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 Children are involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Children to the activity. However, the then-custodial parent shall not be required to take the Children to that activity if the custodial parent and Children are out of town during that activity, for a previously-scheduled vacation. In the event that the custodial parent is unable to deliver the Children to the particular activity, the parent who has custody of the Children at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the Children to the designated activity. The custodial parent shall make certain that the Children are ready for pick-up in time sufficient to enable the Children to timely attend the activity. SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS.AT-LAW 26 W. High Street Carlisle, P A Should the custodial parent elect not to take the Children to a defined activity period for two (2) times, then the non-custodial parent shall have the right to assume that he or she will be responsible for transporting the Children to that activity until appropriate transportation is provided. h. In the event that any of the Children are unable to attend school due to illness or school closings or delays due to weather, etc., it is the responsibility of the parent then having custody to arrange alternate care for that day and to notify the non-custodial parent of the Child's illness. 1. In the event that either party is planning to take the Children out of this Court's jurisdiction for an overnight trip, they must provide reasonable notice and contact information for the locations at which the Children will be staying. J. Both parties are expected to use common sense in scheduling telephone calls to talk to the Children. Both parties and/or their spouses/significant others 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, or interfere with the custodial parent's period of custody. k. 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 the other party. 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, affection and respect for the other parent. SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS'AT'LAW 26 W. High Street Carlisle, P A 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. l. 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 party before any change is made by either parent. m. 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 the custody situation. Each party shall supply the name, address and phone numbers of any persons in whose care the Children will be in for a period in excess of seventy-two (72) hours, and for each person or entity which may provide daycare for the Children, excluding current daycare providers, relatives, or public school institutions. n. Emergency decisions regarding any of the Children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of any of the Children at any time, any party then having custody of the Children 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 any of the Children to bed for a period in excess of seventy-two (72) hours and which places any of the Children under the direction of a licensed physician. SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS'AT'LA W 26 W. High Street Carlisle, P A o. The welfare and convenience of the Children shall be the prIme consideration of the parties in any application of the provisions of this Stipulation and Agreement. 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. p. Neither party shall drink to the point of intoxication when the Children are in their custody. q. The parties are free to modify the terms of this Stipulation and Agreement, but in order to do so, the parties must be in complete agreement to any new terms. r. The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship between the Children and each parent. s. Any major, long-term modifications of this Stipulation and Agreement need to be in writing, agreed to by both parties, and executed with the same formalities as this Stipulation. Minor, short-term changes can be made orally, if agreed upon by both parties. In the event that either party is not in agreement with a proposed change, this Stipulation and Agreement will control the custodial arrangement until such time as the parties are able to agree. t. This Stipulation, Agreement and/or Order shall supercede all prevlOUS custody Agreements and/or Orders. SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS'AT'LAW 26 W. High Street Carlisle, P A u. In the event that either party breaches any provision of this Order, he or she shall be responsible for any and all costs incurred to enforce the Order, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order in the form attached hereto, thereby confirming the parties' Stipulation and Agreement for Custody. Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LIND SA Y By: - f)/ ~~bY Lindsay 9!~gr;~aclal Esquire Attorney h!::Y.' No. 8795f - 1h 26 West High Street h ' t.." i~~ ~ L{ Carlisle, Pennsylvani!i 110'5 c\A c \4\,. (717) 243-6222 Attorneys for Plaintiff SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS'AT'LAW 26 W. High Street Carlisle. P A VERIFICATION AND CONFIRMATION OF STIPULATION/AGREEMENT We, WILBUR R. GORDON, JR., and SHANNE L. GORDON, hereby verify that the facts set forth in this Complaint and Stipulation and Agreement are true and correct to the best of our respective knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 9 4904, relating to unsworn falsification to authorities. Furthermore, by the voluntary execution of this Confirmation, we do each unequivocally express our mutual consent that the terms as outlined in the Custody Stipulation and Agreement, above, are being entered into freely and voluntarily and we therefore request that the amicable custody arrangement, as set forth in said Stipulation, be entered as an Order of Court in the form attached hereto, without the necessity of a Custody Conciliation, Hearing or other formal proceeding. Date: 11-21- Z-Nt.r ------- Date: //-/7'-RCZJY /~~~~ Shanne ~ordon, Defendant . SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS'AT'LAW 26 W. High Street Carlisle, P A COMMONWEAL TH OF PENNSYLVANIA: : SS: COUNTY OF CUMBERLAND On this, the ;J.).... day of -4l1EJnJf"~ , 2004, before me, the undersigned officer, personally appeared WILBUR R. GORDON, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. - . (Seal) NOTARIAL SEAL KANDI L LENKER, NOTARYPUBUC CARLISLE BORO, CUMBERLAND COUNTY MY COMMISSION EXPIRES FEBRUARY 20,2005 COMMONWEALTH OF PENNSYLVANIA: : SS: COUNTY OF CUMBERLAND On this, the / f fi.day of Aldll~~ Wt!- ,2004, before me, the undersigned officer, personally appeared SHANNE L. GORDON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. c}~ Seal) tary Pub c tClfarI8I S. . - lhtaJ.~. ~Pl.tiic CIIIlIIIIBaro, CtntJertarid Coonly ~~I..t... .~JsJy 23. 2003 ....... "__lIot._'- ....--1 11"',0 ~ 2 ~ ~Jrl! ; k: tj' t; ~~ :i:'::S -"- :.:; _;1 " ~ ~f\J '::::~ (J , " ' , . ~ .; . ...... f ;~; . " .:, ..~ "r '''',11 .'J;'~ ~ 'J> ~ ......... V \ ..J " ~ () -- ...j ~ " (\ 0\ \ V . , s;; ;;z .J::-o ':;;J if. \"JJ :PtfJ" l~\? _,:::~ t" 'J" ,J [5]'1 ..:>-( ) C5n.., SJ ~:n --< C"') <::0 SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT'LA W 26 W. High Street Carlisle, PA II ,~/ NOV 2 9 If ':t{ ...vu '7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILBUR R. GORDON, JR., Plaintiff CIVIL ACTION - CUSTODY Docket No. 2004 - S q 0 ;) v. SHANNE L. GORDON, Defendant (In Custody) ORDER OF COURT AND NOW, this I'" 2004, upon presentation day of J>c.c-.W and consideration of the within Complaint and the Stipulation and Agreement incorporated therein, and upon agreement of the parties, it is hereby ORDERED and DECREED as follows: 1) The parties shall have joint legal custody of the Children. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the lives' of their Children, including educational, medical, and religious . decisions. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being, including, but not limited to, all decisions regarding their health, education and religion. The custodial parent shall inform the non-custodial parent immediately of all medical and dental appointments and problems pertaining to the Children. If the Children are sick and are unable to attend school or other plarmed activities, the parent then having custody will notify the other parent as soon as practicably possible. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of the Children with health care providers, sufficiently in advance thereof so that the other party can attend, if he or she so chooses. Vt'-:ciJ},2\:<?d l\lJ',l;:C':',~: ,~-': :-~~I :,-~'_~I~r;:J 02 :8 ~r1 2- :l30 ~GOl AU1-f ~'~J'<,_~~I;-"IJ~~~"~:i ::E~1 ::<:Y:JJc)-cr::riIJ !,,"\ :::1.; -, SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS'AT'LAW 26 W. High Street Carlisle, P A Pursuant to the terms ofPa.C.S. 95309, each parent shall be entitled to equal access to all records and information pertaining to the Children, including, but not limited to, the Children's school, medical, dental, religious and other important records, the residence address of the Children and the other parent. As soon as practical after the receipt by a party, copies of the Children's school schedule, special events notifications, report cards, and similar items shall be provided to the other party. To the extent one (1) parent has possession of any such records or information, that parent shall be required to share same, or copies thereof, with the other parent within such reasonable time as to make the records or information of reasonable use to the other parent. The custodial parent shall provide copies of the Children's report cards and other reasonable papers affecting the Children's education, medical condition or welfare. Notwithstanding that both parents shall 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 Stipulation. 2) Physical custody of the Children, as that term is defined in the Custody Act, shall be primarily with Mother, subject to Father's periods of partial custody pursuant to the following physical custody schedule: a. During the school year, Father shall have custody of the Children every Thursday from after school through the start of school on Friday. Father will make sure that the Children arrive at school in a timely fashion; and b. During the school year, Father shall have custody of the Children every other weekend from Thursdays after school through Sunday evening at 8:00 p.m., or, if the Children have off of school on a Monday extending from Father's weekend, Father shall have partial custody of the Children through Monday evening at 6:00 p.m.; and SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS'AT'LAW 26 W. High Street Carlisle, P A c. During the school year, on the weeks when Father does not have the Children on the weekend, he shall have the option of exercising a period of partial custody on Tuesday evening from after school until 8:00 p.m.; d. During the summer, Father and Mother shall alternate periods of partial custody on a 2 week-on, 2 week-off, basis. The custody exchanges for these periods of partial custody shall take place on Sunday mornings at 10:00 a.m. The 2 week-on/2 week-off summer custody schedule shall commence the first full week of the Children's summer vacation from school, with the first 2-weeks being Father's weeks every summer, and the 2 week-onl2 week-off summer custody schedule shall end the last full week of the Children's summer vacation from school. 3) Transportation for custody purposes shall be divided by the parties as equally as possible. In the event that there is no specific provision governing the custody exchange, above, the parent who is to receive custody at the time of the exchange is to provide for transportation from the residence of the other parent. 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. 4) The holiday schedule shall take precedence over the regular visitation schedule and shall be as follows: a. During Christmas Holiday St~ason, commencing in 2004 and in all even-numbered years thereafter, Mother shall have the right of partial custody from December 24th after school, through December 25th at 2:00 p.m. Mother will also have the right of partial custody from New Years Day (January 1, 2005) at noon until 9:00 p.m. (hereinafter referred to as "Segment A") and Father shall have the right of partial custody from December 25th at 2:00 p.m. through December 26th at 9:00 p.m. Father will also have the right of partial custody from New Year's Eve (December 31, 2004) through New Year's Day (January 1, 2005) at noon (hereinafter referred to as "Segment B"). During the Christmas Holiday Season, commencing in 2005 and in all odd- numbered years thereafter, Father shall have the right of partial custody for Segment A, and Mother shall have the right to partial custody for Segment B; and , " b. During the Thanksgiving Holiday Season, commencing in 2004 and in all even-numbered years thereafter, Father shall have the right of partial custody from 3:00 p.m. Thanksgiving day through the day after Thanksgiving at 9:00 p.m. (hereinafter referred to as "Segment A") and Mother shall have the right of partial custody of the Children from after school the day before Thanksgiving through Thanksgiving Day at 3:00 p.m. (hereinafter referred to as "Segment B"). During the Thanksgiving Holiday Season, commencing in 2005 and in all odd-numbered years thereafter, Mother shall have the right of partial custody for Segment A, and Father shall have the right to partial custody for Segment B; and c. During the Easter Holiday S(~ason, commencing in 2004 and in all even-numbered years thereafter, Mother shall have the right of partial custody from the Saturday before Easter at 10:00 a.m. through that evening at 9:00 p.m. (hereinafter referred to as "Segment A") and Father shall have the right of partial custody of the Children from the Saturday before Easter at 9:00 p.m. through Easter Sunday at 8:00 p.m. (hereinafter referred to as "Segment B"). During the Easter Holiday Season, commencing in 2005 and in all odd- numbered years thereafter, Father shall have the right of partial custody for Segment A, and Father shall have the right of partial custody for Segment B; and SAlOIS SHUFF, FLOWER & LINDSAY d. The parties shall alternate the following holidays: Memorial Day, Fourth of July, Labor Day, and Veteran's Day. For the 2004 calendar year, and every even-numbered year thereafter, Father shall have Fourth of July, and Veteran's Day (hereinafter refen~ed to as "A Holidays") and Mother shall have Memorial Day and Labor Day (hereinafter referred to as "B Holidays"). For the 2004 calendar year, and every even-numbered year thereafter, Father shall have the "A" Holidays and Mother shall have the "B" Holidays. For the 2005 calendar year, and every odd-numbered year thereafter, Mother shall have the "A" Holidays and Father shall have the "B" Holidays. The rights of partial custody shall be exercised from 9:00 a.m. through 9:00 p.m. the day of the holiday; and ATTORNEYS'AT'LAW 26 W. High Street Carlisle, P A e. For Father's Day and Mother's Day, Mother shall always have the right to partial custody on Mother's Day. Father shall always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised from 9:00 a.m. through 9:00 p.m. the day of the holiday; and f. The Children's birthday shall be with the parent then having custody of the Children. The non-custodial parent shall have the option to exercise a period of partial custody with all the Children either the day before or the day after the Child's birthday from 9:00 a.m. through 9:00 p.m., depending on the Children's school schedule. SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS'AT'LAW 26 W. High Street Carlisle, P A II g. The periods of partial custody for holidays or other special days as 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 partial custody for that parent as set forth previously in this Order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations. 5) In the event that either parent, during their respective scheduled periods of custody, would need to leave the Children for a period of at least two (2) hours, the custodial parent will first check with the non-custodial parent to ascertain if the non- custodial parent is available to watch the Children. In the event that neither parent is able to watch the Children, the custodial parent will then be responsible for obtaining the appropriate supervision for the Children. 6) In the event that either party is more than thirty (30) minutes late for a custody exchange, in the absence of a telephone call or other communication from the parent transporting the Children, the other party 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 party will be free to make other plans with the Children. 7) To the extent possible, each party shall provide the other with at least forty- eight (48) hours advance notice of school, sporting, or other extracurricular activities. Both parties shall agree to honor and participate in the activities that the Children wish to engage in. During the times that each of the parents have custody of the Children, they will make certain that the Children attend any previously-scheduled extracurricular activities. The parties are directed to be supportive of the activities and will transport the Children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Children are able to participate in those events. SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS'AT'LAW 26 W. High Street Carlisle, P A Neither parent, however, shall commit the Children to any activity unless the Children definitely desire to attend that activity. Participation in activities which take place during the school year is contingent upon each Child maintaining passing grades in school. Neither parent shall commit the Children to 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 Children are involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Children to the activity. However, the then-custodial parent shall not be required to take the Children to that activity if the custodial parent and Children are out of town during that activity, for a previously-scheduled vacation. In the event that the custodial parent is unable to deliver the Children to the particular activity, the parent who has custody of the Children at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the Children to the designated activity. The custodial parent shall make certain that the Children are ready for pick-up in time sufficient to enable the Children to timely attend the activity. Should the custodial parent elect not to take the Children to a defined activity period for two (2) times, then the non-custodial parent shall have the right to assume that he or she will be responsible for transporting the Children to that activity until appropriate transportation is provided. 8) In the event that any of the Children are unable to attend school due to illness or school closings or delays due to weather, etc., it is the responsibility ofthe parent then having custody to arrange alternate care for that day and to notify the non-custodial parent of the Child's illness. SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS'AT'LAW 26 W. High Street Carlisle, P A 11 9) In the event that either party is planning to take the Children out of this Court's jurisdiction for an overnight trip, they must provide reasonable notice and contact information for the locations at which the Children will be staying. 10) Both parties are expected to use common sense in scheduling telephone calls to talk to the Children. Both parties and/or their spouses/significant others 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, or interfere with the custodial parent's period of custody. 11) 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 the other party. 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, affection 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. 12) 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 party before any change is made by ei1ther parent. 13) 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 SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS'AT'LAW 26 W. High Street Carlisle, PA 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 the custody situation. Each party shall supply the name, address and phone numbers of any persons in whose care the Children will be in for a period in excess of seventy-two (72) hours, and for each person or entity which may provide daycare for the Children, excluding current daycare providers, relatives, or public school institutions. 14) Emergency decisions regarding any of the Children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of any of the Children at any time, any party then having custody of the Children 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 any of the Children to bed for a period in excess of seventy-two (72) hours and which places any of the Children under the direction of a licensed physician. 15) The welfare and convenience of the Children shall be the prIme consideration of the parties in any application of the provisions of this Stipulation and Agreement. 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. 16) Neither party shall drink to the point of intoxication when the Children are in their custody. 17) The parties are free to modify the terms of this Stipulation and Agreement, but in order to do so, the parties must be in complete agreement to any new terms. SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS'AT'LAW 26 W. High Street Carlisle, P A 'I i 18) The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship between the Children and each parent. 19) Any major, long-term modifications of this Stipulation and Agreement need to be in writing, agreed to by both parties, and executed with the same formalities as this Stipulation. Minor, short-term changes can be made orally, if agreed upon by both parties. In the event that either party is not in agreement with a proposed change, this Stipulation and Agreement will control the custodial arrangement until such time as the parties are able to agree. 20) This Stipulation, Agreement and/or Order shall supercede all prevlOus custody Agreements and/or Orders. 21) In the event that either party breaches any provision of this Order, he or she shall be responsible for any and all costs incurred to enforce the Order, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. BY THE COURT, ~~D~ ~ A)c), .~ /Ii ,1. Wilbur R. Gordon, Jr., Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 2004 - 5900 Shanne L. Gordon, Defendant! Petitioner : CIVIL ACTION - LAW : IN CUSTODY PETITION TO MODIFY CUSTODY I. Petitioner is Shanne L. Gordon, who resides at 502 N. Earl Street, Shippensburg, P A 17257. 2. Respondent is Wilbur R. Gordon, Jr., who resides at 302 Juniper Street, Carlisle, P A 170\3. 3. On December 2,2004, the Honorable Kevin Hess entered a Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Parties no longer follow the Order and the children spend most of their time with Mother. b) Generally, Father only has children every other weekend. c) An Order compatible to this schedule is in the best interest of the children. 5. The best interest of the children will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: Primary custody with Mother. Every other weekend with Father. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: October 31, 2005 /;2..---- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA ] 70]3 (717) 241-6070 Supreme Court lD # 81924 Attorney for Petitioner Wilbur R. Gordon, Jr., Plaintiffi'Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 2004 - 5900 Shanne L. Gordon, Defendant/Petitioner : CIVIL ACTION - LAW : IN CUSTODY ATTORNEY VERIFICATION Karl E. Rominger, Esquire, states that he is the attorney for, Petitioner, Shanne L. Gordon, in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the toregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. 94904, relating to unsworn falsification to authorities. (/ ) ."""..'~_._" -'--", Date: October 31, 2005 /,,/ Karl E. Rominger, Esquire Attorney for Petitioner Wilbur R. Gordon, Jr., Plaintiff/Respondent : TN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vi. NO: 2004 - 5900 Shanne L. Gordon, Defendant/Petitioner CIVIL ACTION - LAW : TN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant/Petitioner do hereby certifY that I this day mailed a copy ofthe within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Lindsay Gingrich Maclay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, Pennsylvania] 7013 ~ ;' ~/~/ Karl E. Rominger, Esquire Attorney for Defendant/Petitioner Dated: October 3], 2005 SAIDIS iHUFF, FLOWER & LINDSAY AITQRNEVS'1\T.Lr\W 26 W. High Street Carlisle, PA NOV 2 9 2[;[;4 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS1'L V A.~IA WILBUR R. GORDON, JR., Plaintiff CIVIL ACTION - CUSTODY Docket No. 2004 - S l' 00 v. SHANNE L. GORDON, Defendant (In Custody) JSt A.~D NOW, this ORDER OF COURT day of ~P{"(\\e.R 2004, upon presentation and consideration of the within Complaint and the Stipulation and Agreement incorporated therein, and upon agreement of the parties, it is hereby ORDERED and DECREED as follows: l) The parties shall have joint legal custody of the Children. Joint legal I custody means the right of both parents to control and to share in malcing decisions of importance in the lives' of their Children, including educational, medical, and religious , decisions. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being, including, but not limited to, all decisions regarding their health, education and religion. The custodial parent shall infol111 the non-custodial parent immediately of all medical and dental appointments and problems peliaining to the Children. lfthe Children are sick and are unable to attend school or other platmed activities, the parent then having custody will notifY the otherparentas soon as practicably possible. Each parent shall notify the other pat'ent of any medical, dental, optical, cOlillseling atld other appointments of the Children with health cat'e providers, sufficiently in advance thereof so that the other paliy can attend, ifhe or she so chooses. E KH/ I1IT 1111') SAIDIS SHUFF, FLOWER & LINDSAY A'ITORNEYSoAToLAW 26 W, High Street Carlisle, P A Pursuant to the terms of Pa.C.S 95309, each parent shall be entitled to equal access to all records and information pertaining to the Children, including, but not limited to, the Children's school, medical, dental, religious and other important records, the residence address of the Children and the other parent. As soon as practical after the receipt by a party, copies of the Children's school schedule, special events notifications, report cards, and similar items shan be provided to the other party. To the extent one (1) parent has possession of any such records or information, that parent shan be required to share same, or copies thereof, with the other parent within such reasonable time as to "'lake the records or information of reasonable use to the other parent. The custodial parent shall provide copies of the Children's report cards and other reasonable papers affecting the Children's education, medical condition or welfare. Notwithstanding that both parents shan share legal custody, non-major decisions involving the Children's day-to-day living shan be made by the parent then having custody. consistent with the other provisions ofthis Stipulation. 2) Physical custody of the Children, as that term is defined in the Custody Act, shall be primarily with Mother, subject to Father's periods of partial custody pursuant to the following physical custody schedule: a. During the school year, Father shan have custody of the Children every Thursday from after school through the start of school on Friday. Father will make sure that the Children anive at school in a timely fashion; and b. During the school year, Father shan have custody of the Children every other weekend ti-om Thursdays after school through Sunday everting at 8:00 p.m., or, if the Children have off of school on a Monday extending from Father's weekend, Father shan have partial custody of the Children through Monday evening at 6:00 p.m.; and SAIDIS HUFF, FLOWER & LINDSAY ATtORNEYS-AT-LAW 26W. High Street Carlisle, PA c. During the school year, on the weeks when Father does not have the Children on the weekend, he shall have the option of exercising a period of partial c~tody on Tuesday evening from after school until 8:00 p.m.; d. During the summer, Father and Mother shall alternate periods of partial custody on a 2 week-on, 2 week-off, basis. The custody exchanges for these periods of partial custody shall take place on Sunday mornings at 10:00 a.m. The 2 week-on/2 week-off summer custody schedule shall commence the first fiIl1 week of the Children's summer vacation from school, with the first 2-weeks being Father's weeks every summer, and the 2 week-on/2 week-off summer cnstody schedule shall end the last full week of the Children's summer vacation from school. 3) Transportation for custody purposes shall be divided by the parties as equally as possible. In the event that there is no specific provision governing the custody exchange, above, the parent who is to receive custody at the time of the exchange is to provide for transportation from the residence of the other parent. 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 transpoliing the Children shall be under the influence of any alcoholic beverages while transporting the Children. 4) The holiday schedule shall tal(e precedence over the regular visitation schedule and shall be as follows: a. During Christmas Holiday Season, commencing in 2004 and in all even-numbered years thereafter, Mother shall have the right of partial tl1 t' custody from December 24 after school, through December 25 n at 2:00 p.m. Mother will also have the right of partial custody from New Years Day (January 1, 2005) at noon until 9:00 p.m. (hereinafter referred to as "Segment A") and Father shall have the right of partial custody from December 25th at 2:00 p.m. through December 26']' at 9:00 p.m. Father will also have the right of partial custody from New Year's Eve (December 31, 2004) through New Year's Day (January 1, 2005) at noon (hereinafter referred to as "Segment B"). During the Cluistmas Holiday Season, commencing in 2005 and in all odd- numbered years thereafter, Father shall have the right of pal1ial custody for Segment A, and Mother shall have the light. to pa11ial cust.ody for Segment B; and b. During the Thanksgiving Holiday Season, commencing in 2004 and in all even-numbered years thereafter, Father shall have the right of partial custody from 3:00 p.m. Thanksgiving day through the day after Thanksgiving at 9:00 p.m. (hereinafter referred to as "Segment A") and Mother shall have the right of partial custody of the Children from after school the day before Thanksgiving through Thanksgiving Day at 3 :00 p.m. (hereinafter referred to as "Segment B"). During the Thanksgiving Holiday Season, commencing in 2005 and in all odd-numbered years thereafter, Mother shall have the right of partial custody for Segment A, and Father shall have the right to partial custody for Segment B; and c. During the Easter Holiday Season, commencing in 2004 and in all even-numbered years thereafter, Mother shan have the right of partial custody from the Saturday before Easter at 10:00 a.m. through that evening at 9:00 p.m. (hereinafter referred to as "Segment A") and Father shall have the right of partial custody of the Children from the Saturday before Easter at 9:00 p.m. through Easter Sunday at 8:00 p.m. (hereinafter referred to as "Segment B"). During the Easter Holiday Season, commencing in 2005 and in all odd- numbered years thereafter, Father shall have the right of partial custody for Segment A, and Father shall have the right of partial custody for Segment B; and SAIDIS HUFF, FLOWER & LINDSAY d. The parties shall alternate the following holidays: Memorial Day, Fourth of July, Labor Day, and Veteran's Day. For the 2004 calendar year, and every even-mm1bered year thereafter, Father shall have FOUlih of July, and Veteran's Day (hereinafter refen'ed to as "A Holidays") and Mother shall have Memorial Day and Labor Day (hereinafter referred to as "B Holidays"). For the 2004 calendar year, and evety even-numbered year thereafter, Father shall have the "A" Holidays and Mother shall have the "B" Holidays. For the 2005 calendar year, and every odd-numbered year thereafter, Mother shall have the "A" Holidays and Father shall have the "B" Holidays. The rights of partial custody shall be exercised from 9:00 a.m. tlu'ough 9:00 p.m. the day of the holiday; and ATfORNEYS.A.T~U.W 26 W. High Street Carlisle, PA e. For Father's Day and Mother's Day, Mother shall always have the right to paliial custody on Mother's Day. Father shall always have the right of paliial custody on Father's Day. The lights of p31iial custody shall be exercised ii-om 9:00 a.m through 9:00 p.m. the day of the holiday; and f. The Children's birthday shall be with the parent then having custody of the Children. The non-custodial parent shall have the option to exercise a period of partial custody with all the Children either the day before or the day after the Child's birthday from 9:00 a.m. through 9:00 p.m., depending on the Children's school schedule. SAIDIS HUFF, FLOWER & LINDSAY ArrDRNEYS-AT-LAW 26 W. High Street Carlisle, P A g. The periods of partial custody for holidays or other special days as 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 partial custody for that parent as set forth previously in this Order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations. 5) In the event that either parent, during their respective scheduled periods of custody, would need to leave the Children for a period of at least two (2) hours, the custodial parent will first check with the non-custodial parent to ascertain if the non- custodial parent is available to watch the Children. In the lent that neither parent is able to watch the Children, the custodial parent will then be responsible for obtaining the appropriate supervision for the Children. 6) In the event that either party is more than thirty (30) minutes late for a custody exchange, in the absence of a telephone call or other comrmuucation from the parent transporting the Children, the other party 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 party will be free to make other plans with the Children. 7) To the extent possible, each pmiy shall provide the other with at least forty- eight (48) homs advance notice of school, sporting, or other extracurricular activities. Both parties shall agree to honor and participate in the activities that the Cluldren wish to engage in. During the times that each of the parents have custody of the Children, they will make certain that the Cluldren attend 311Y previously-scheduled extracurricular activities. The p311:ies are directed to be suppOl1:ive of the activities 311d will transport the Children to and from snch activities and the preparations and practice for the activities that are scheduled, in such time so that the Children are able to pal1:icipate in those events. SAIDIS IDFF, FLOWER & LINDSAY '\1TORNEYS.AT.UW l5 W. High Street Carlisle, PA Neither parent, however, shall commit the Children to any activity unless the Children definitely desire to attend that activity. Participation in activities which take place during the school year is contingent upon each Child maintaining passing grades in school. Neither parent shall commit the Children to 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 Children are involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Children to the activity. However, the tilen-custodia: .larent shall not be required to talee the Children to that activity if the custodial parent and Children are Ollt of town during that activity, for a previously-scheduled vacation. In the event that the custodial parent is unable to deliver the Children to the particular activity, the parent who has custody of the Children at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the Children to the designated activity. The custodial parent shall malce cel1ain that the Children are ready for pick-up in time sufficient to enable the Children to timely attend the activity. Should the custodial parent elect not to talee the Children to a defined activity period for two (2) times, then the non-custodial parent shall have the right to assume that he or she will be responsible for transporting the Children to that activity until appropriate transportation is provided. 8) In the event that any of the Children are unable to attend school due to illness or school closings or delays due to weather, etc., it is the responsibility of the parent then having custody to anange altemate care for that day and to notify the non-custodial parent ofthe Child's illness. SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS.AT"UW 26 w. High Street Carlisle, PA 9) In the event that either party is planning to talee the Children out of this Court's jurisdiction for an overnight trip, they must provide reasonable notice and contact intormation for the locations at which the Children will be staying. 10) Both parties are expected to use COlmon sense in scheduling telephone calls to talk to the Children. Both parties and/or their spouses/significant others 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 10n6 in duration that they disntpt the Children's schedule, or interfere with the custodial parent's period of custody. 11) Each of the parties and any thll-d party in the presence of the Children shall take all measures deemed advisable to foster a feeling of affection between the Children 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 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 nahrra] development of the Children's love, affection and respect for the other parent. The pmiies shall not use the Children to convey verbal messages to the other parent about the custody sihlation or changes in the custody schedule. 12) In the event that a significant matter arises with respect to the medical care, education, or finmlcial 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 paliy before any chmIge is made by either parent. 13) Each pmiy shall confer with the other on all matters of importance relating to the Children's health, maintenm1ce, and education with a view towards obtaining and following a hannonious policy in the Children's education mId social adjustments. Each SAIDIS 'UFF, FLOWER ~ UNDSAY ITORNEYS-AT-UW 6 W. High Street Carlisle, P A 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 the custody situation. Each party shall supply the name, address and phone numbers of any persons in whose care the Children will be in for a period in excess of seventy-two (72) hours, and for each person or entity which may provide daycare for the Children, excluding current daycare providers, relatives, or public school instihttions. 14) Emergency decisions regarding any of the Children shall be made by the parent then having custody. However, i~, the event of any emergency or serious illness of any of the Children at any time, any party then having custody of the Children 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 any of the Children to bed for a period in excess of seventy-two (72) hours and which places any of the Children under the direction of a licensed physician. 15) The welfare and convenience of the Children shall be the prime consideration of the parties in any application of the provisions of this Stipulation and Agreement. Both parents are directed to listen carefiIlly and consider the wishes of the Children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 16) Neither party shall drink to the point of intoxication when the Children are in their custody. 17) The parties are free to modify the tenus of this Stipulation and Agreement, but in order to do so, the parlies must be in complete agreement to any new tenus. SAIDIS ffiJFF, FLOWER & LINDSAY ATIORNEYS'AT'LAW 26 W. High Street Carlisle, PA 18) The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship between the Children and each parent. 19) Any major, long-term modifications of this Stipulation and Agreement need to be in writing, agreed to by both parties, and executed with the same formalities as this Stipulation. Minor, short-term changes can be made orally, if agreed upon by both parties. In the event that either party is not in agreement with a proposed change, this Stipulation and Agreement will control the custodial arrangement until such time as the parties are able to agree. 20) This Stipulation, Agreement and/or Order shall supercede all prevlOUS custody Agreements and/or Orders. 21) In the event that either party breaches any provision of this Order, he or she shall be responsible for any and all costs incurred to enforce the Order, including, but not limited to, comi cost and cOlillsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. BY THE COlmT, , J. -,..~ \ \"- \\-- "" ~ ~ & ( ~ 7,,< ~ ~ "' VI \, \':1. ( \. '-'I r\J I~ B, -r-. IS '" (\" ~ - , ~ c; (') (,; Lf~r:-' 4_.J ;--: ~. LI' -- ~~- ',- ----.. :;.;( ...::. -" --:;' '" <::;,:) <.::-... ,~ = S (.) ~ w (,<) (}-~ --, ( :v o '1 --., :J:":1 n\3:: ""Dt:<:1 - ,:J l.~_) ') (~l '-r") ii'} WILBUR R. GORDON, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. f)ENNSYL V AN fA v 04-5900 CIVIL ACTION LAW SHANNE L. GORDON IN CUSTODY IJI'FFNIJANT ORDER OF COURT AND NOW. ____!_h~rsd_~X~~~_~~~~EQ~L~.g05 __ ______.' upon consideration ot'thc ~itta(hcd Complaint. it is herehy' directed that parties and their respective counsel arrear before Hubert X. Gilroy, Esq. . the conciliator, ~lt . 4th 1'1~()r~(' u-'" be.J:Illl1_d.('oulltLc:ollrt h 0 use, ('a ~Iisle. on ____---" ricJ"X: Decem ber. I6,} 005 at 9:30 AM rur a Pre-Hearing: Custody Conference. At such conference, an effort \vill be made to resol\\? the issues in dispute; or if this cannot be accomplished. to define and IUlrro\\ the isslles to be heard by the court, and to enter into a temporary Drdcl'. AI\ ~hi\drcn age Eye or older may also he present at the conference. Failure- to <1IlPC~lr at the contCrence mil\ pmvid-: gmunds ror entry of a temporary or permanL'nt ord~r. The court hereby directs the parties to furnish any and all existing Protection from Abus~ orders. Speciall{e1ief orders, and'Custody orders to the eondliator 48 hours prior to scheduled hearing. FOR TIlE COLJRT. B,: _ Isl_____Hllbert X. Gilrov. Esg.__ _ nfL Custody: ConClli~ltor ----:r The Court OfColllll1on Pleas ofCull1b-:rland Coullty is required by 1m\' to comply" with tile Americans with Disahilites Act of 1990. For information about accessible facilities and reasonabk accolllmodations availahle to disabled individuals ha\ing business oefore the court, please contact our office. All arrangcrnents IllUst b-: made at least 72 hours prior (0 any hearing or husiness before the cOllrt. YOUl1111st attend the schedukd COil ference or hearinl;> YOU SHOUI.D TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT I IA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPI-I00.E THE OFfiCE SU FORTI-I BEI.OW TO FIND OUT WllERE YOU CACi GET LEGAL I1ELP Cumberland County [)ar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 _ rf ~ If- ~ rmr {d,j SOU! ~W' frp 7: ~ "'l"l), So-ell ~ _$p 11 /'T""" ~ -/'0/} 50( if f\J.Nf'{'" '; i^l~ ."1';:~!:~:".Jno g I :Z ~ld L - AON SDUZ ,.AJ:l'Jl'~rl:~;:-,J.O~Jd 3Hl ~Ir ."'" '(I 101-'0] j,) ~,-':.:;:t_.-..:J li3 DEe 2 7 200}J1\ WILBUR R. GORDON, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 04-5900 CIVIL ACTION - LAW SHANNE L. GORDON, Defendant IN CUSTODY ORDER 11..1 AND NOW, TIllS d] day of December, 2005, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gil y, Esquire Custody Conciliator Ji' 8 h '01"" ('}.., J-'O 'n07 ,.,".. l','!; ti (j .: JU v N:fltl 3Hl.:]0 3:,)':'~':J"GjlH F:lE~-II~~1u C3F TM~ P~RJTNt~?~~T1~ZY Wilbur R. Gordon, Jr.,~~~~ $»~ '~ Q~ 3~ ~~ : IN THE COURT OF ~~llll ,~ CI~~~TY COMMON PLEAS Plaintiti7lc ~~ ~ ~ ~ :CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 2004 - 5900 Shanne L. Gordon, :CIVIL ACTION -LAW Defendant/ Petitioner : IN CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is Shanne L. Gordon, who resides at 502 N. Earl Street, Shippensburg, PA 17257. 2. Respondent is Wilbur R. Gordon, Jr., who resides at 302 Juniper Street, Carlisle, PA 17013. 3. On December 2, 2004, the Honorable Kevin Hess entered a Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Parties no longer follow the Order and the children spend most of their time Mother. The Father rarely takes the children for his assigned time. b) Father does not actively financially contribute to the children's school supplies and other needs. c) Father does not exercise parental responsibility to ensure children arrive on to school. Children are regularly tardy to school when under his care. d) Father does not equally share in the parental responsibility of transporting the children to their various extra -curricular activities. Children have missed such activities due to father's lack of active participation. c) An Order compatible to this schedule is in the best interest of the children. 5. Defendant/Petitioner is seeking full physical and legal custody of the children due to Father's contempt of the current Custody Order and Agreement. A ~p~mo C(L,f~UU~~SI~ ~2~ ~ o/9a 6. The best interest of the children will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: Full physical and legal custody with Mother. Visitation with father as agree upon by mother. Respectfully submitted, OMINGER & ASSOCIATES ~- K E. Rominger, Esquire 5 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant Wilbur R. Gordon, Jr., Plaintiff/Respondent v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2004 - 5900 Shanne L. Gordon, :CIVIL ACTION -LAW Defendant/Petitioner :IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand t at false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: _~~ i?O/~ ~~2~ Shanne Wilbur R. Gordon, Jr., Plaintiff/Respondent vi. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 2004 - 5900 Shanne L. Gordon, :CIVIL ACTION -LAW Defendant/Petitioner :IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant/Petitioner do hereby certify that I this day mailed a copy of the within Motion upon the following by depositing same in the Unit States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Wilbur R. Gordon, Jr. 525 Weaver Road Avenue Chambersburg, PA 17201 Dated: Q ~ O~ ~ arl E. Rominger, Esquire ttorney for Defendant/Petitioner NOV c 9 ?GGa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILBUR R GORDON, JR., Plaintiff CIVIL ACTION -CUSTODY v. Docket No. 2004 - ~90~ SHANNE L. GORDON, Defendant (In Custody) ORDER OF COURT 5~' AND NOW, this ~ day of 2004, upon and consideration of the within Complaint and the Stipulation and Agreement therein, and upon agreement of the parties, it is hereby ORDERED and follows: as 1) The parties shall have joint legal custody of the Children. Joint SAIDIS SHUFF, FLOWEII & LINDSAY A77'OR1~Y3•AT•L1W 26 W. Higi- Street Carlisle, PA custody means the right of both parents to control and to share in making decisions of importance in the lives' of their Children, including educational, medical, and reli 4 decisions. Each parent shall have an equal right, to be exercised jointly with the ~ parent, to make all major non-emergency decisions affecting the Children's general ~vell- being, including, but not limited to, all decisions regarding their health, religion. The custodial parent shall inform the non-custodial parent immediately medical and dental appointments and problems pertaining to the Children. If the C are sick and are unable to attend school or other planned activities, the parent then custody will notify the other parent as soon as practicably possible. Each parent shall the other parent of any medical, dental, optical, counseling and other appointments Children with health care providers, sufficiently in advance thereof so that the othe can attend, if he or she so chooses. and all the P~~y F ' N' Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to equal to all records and information pertaining to the Children, including, but not limited to, Children's school, medical, dental, religious and other important records, the address of the Children and the other parent. As soon as practical after the receipt party, copies of the Children's school schedule, special events notifications, report and similar items shall be provided to the other party. To the extent one (1) parent possession of any such records or information, that parent shall be required to share or copies thereof, with the other parent within such reasonable time as to make the or information of reasonable use to the other pazent. The custodial parent shall copies of the Children's report cards and other reasonable papers affecting the education, medical condition or welfare. Notwithstanding that both parents shall share legal custody, non-major involving the, Children's day-to-day living shall be made by the parent then having consistent with the other provisions of this Stipulation. 2) Physical custody of the Children, as that term is defined in the Custody SAIDIS SHUFF, FI:OWER & LINDSAY exser•~w 26 W. H{gh Street Carlisle, PA shall be primarily with Mother, subject to Father's periods of partial custody pursuant following physical custody schedule: a ide 's the a. During the school year, Father shall have custody of the Chi dren every Thursday from after school through the start of school. on F day. Father will make sure that the Children arrive at school in a timely fas 'on; and b. During the school year, Father shall have custody of the Chi every other weekend from Thursdays after school through Sunday even 8:00 p.m., or, if the Children have off of school on a Monday extending Father's weekend, Father shall have partial custody of the Children thl Monday evening at 6:00 p.m.; and at c. .During the school yeaz, on the weeks when Father does not have e Children on the weekend, he shall have the option of exercising a period of partial custody on Tuesday everting from after school until 8:00 p.m.; d. During the summer, Father and Mother shall alternate periods of partial custody on a 2 week-on, 2 week-off, basis. The custody exchan es for these. periods of partial custody shall take place on Sunday morning at 10:00 a.m. The 2 week-on/2 week-off summer custody schedule s all commence the first full week of the Children's summer vacation fr m school, with the first 2-weeks being Father's weeks every summer, and e 2 week-on/2 week-off summer custody schedule shall end the last full wee of the Children's summer vacation from school. 3) Transportation for custody purposes shall be divided by the partie~ as equally as possible. In the event that there is no specific provision governing the cus dy exchange, above, the parent who is to receive custody at the time of the exchange i to ,. provide for transportation from the residence of the other parent. At all times, the Chil en shall be secured. in appropriate. passenger .restraints. No person transporting the Chil en shall consume alcoholic beverages prior to transporting the Children. No p son transporting the Children shall be under the influence of any alcoholic beverages ~hile transporting the Children. 4) The holiday schedule shall take precedence over the regulaz nisi SAIDIS SHUFF, FLOWER & LINDSAY ATfalNEYS•AT•LAW 26 W. High Street Carlisle, PA schedule and shall be as follows: a. During Christmas Holiday Season, commencing in 2004 and n all even-numbered years thereafter, Mother shall have the right of p 'al custody from December 24th after school, through December 25th at 2:00 p.m. Mother will also have the right of partial custody from New Year Day. (January 1, 2005} at noon until 9:00 p.m. (hereinafter referred o as "Segment A"} and Father shall have the right of partial custody from December 25th at 2:00 p.m. through December 26th at 9:OO p.m. Fath will also have the right of partial custody from New Year's Eve (Decemb r 31, 2004) through New Year's Day (January 1, 2005) at noon (here after referred to as "Segment B"). During the Christmas Holiday Season, commencing in 2005 and in al odd- numbered years thereafter, Father shall have the right of partial Gusto y for Segment A, and Mother shall have the right to partial custody for Se ent B; and b. During the Thanksgiving Holiday Season, commencing in 2 04 and in all even-numbered years thereafter, Father shall have the right of partial custody from 3:00 p.m. Thanksgiving day through the day er Thanksgiving at 9:00 p.m. (hereinafter referred to as "Segment A") d Mother shall have the right of partial custody of the Children from er school the day before Thanksgiving through Thanksgiving Day at 3:00 p.m. (hereinafter referred to as "Segment B"). SAIDIS SNUFF, F7.OWER & LINDSAY ATlU~YS~AT'~LAW 26 w. High Street Carlisle, PA During the Thanksgiving Holiday Season, commencing in 2005 and ' all odd-numbered years thereafter, Mother shall have the right of partial cost dy for Segment A, and Father shall have the right to partial custody for Se ent B; and c. During the Easter Holiday Season, commencing in 2004 and ' alI even-numbered years thereafter, Mother shall have the right of p 'al custody from the Saturday before Easter at 10:00 a.m. through that eve ~ng at 9:00 p.m. (hereinafter referred to as "Segment A") and Father shall awe the right of partial custody of the Children from the Saturday before East r at 9:00 p.m. through .Easter Sunday at 8:00 p.m. (hereinafter referret~ t as "Segment B"}. During the Easter Holiday Season, commencing in 2005 and in all dd- numbered years thereafter, Father shall have the right of partial custod for Segment A, and Father shall have the right of partial custody for Segme t B; and d. The parties shall alternate the following holidays: Memorial ay, Fourth of July, Labor Day, and Veteran's Day. For the 2004 calendar ear, and every even-numbered year thereafter, Father shall have Fourth of July, and Veteran's Day (hereinafter referred to as "A Holidays") and M ther shall have Memorial Day and Labor Day (hereinafter referred to s "B Holidays"). For the 2004 calendar year, and every even-numbered year thereafter, Father shall have the "A" Holidays and Mother shall have th "B" Holidays. For the 2005 calendar year, and every odd-numbered year thereafter, Mother shall have the "A" Holidays and Father shall have th "B" Holidays. The rights of partial custody shall be exercised from 9:0 a.m. through 9:00 p.m. the day of the holiday; and e. For Father's Day and Mother's Day, Mother shall always ha e the right to partial custody on Mother's Day. Father shall always have th right of partial custody on Father's Day: The rights of partial custody sh 11 be exercised from 9:00 a.in. through 9:00 p:m. the day of the holiday; and f. The Children's birthday shall be with the parent then 1 awing custody of the Children. The non-custodial parent shall have the op 'on to exercise a period of partial custody with all the Children either e day before or the day after the Child's birthday from 9:00 a.m. throng 9:00 p.m., depending on the Children's school schedule. g. The periods of partial custody for holidays or other special days as set forth in this Order shall be in addition to, and shall take precedence o er, custody for that parent as set forth previously in this Order. Holidays other special days for custody set forth in this Order shall take preced over vacations. 5) In the event that either parent, during their respective scheduled period of custody, would need to leave the Children for a period of at least two (2) hours, the custodial parent will first check with the non-custodial parent to ascertain if the on- custodial parent is .available to watch the Children. In the event that neither parent is ab e to watch the Children, the custodial parent will then be responsible for obtaining the appropriate supervision for the Children. 6) In the event that either party is more than thirty (30) minutes late f~r a custody exchange, in the absence of a telephone call or other communication from the parent transporting the Children, the other parry may assume that the parent who is lat~ has chosen not to exercise that period of custody, the period will be forfeited, and the party will be free to make other plans with the Children. 7) To the extent possible, each party shall provide the other with at least SAiDIS SHUFF, FLOWER & LINDSAY erse~rLnw 26 W. High Street Carlisle, PA eight (48) hours advance notice of school, sporting, or other extracurricular activities. Both parties shall agree to honor and participate in the activities that the Children wish to engage in. During the times that each of the parents have custody of the Children, the will make certain that .the Children attend any previously-scheduled extracurricular acti~iti The parties are directed to be supportive of the activities and will transport the Child#en to and from such activities and the preparations and practice for the activities tli~.t are scheduled, in such time so that the Children are able to participate in those events. -- - Neither parent, however, shall commit the Children to any activity unless Children definitely desire to attend that activity. Participation in activities which take during the school year is contingent upon each Child maintaining passing grades in scho 1. Neither parent shall commit the Children to activities that fall an the other par is period of custody, without the consent of the other parent, which consent shall notl be unreasonably withheld. If the Children are involved in an activity which occurs during parents' periods of custody, both parents shall cooperate in providing transportation of~the Children to the activity. However, the then-custodial parent shall not be required to take the Children to that activity if the custodial parent and Children are out of town during that , _ activity, for apreviously-scheduled vacation. In the event that the custodial parent is unable to deliver the Children tol the particular activity, the parent who has custody of the Children at that time shall noti the non-custodial parent, who shall be entitled to pick up and deliver the Children t the designated activity. The custodial parent -shall make certain that the Children are read for pick-up in time sufficient to enable the Children to timely attend the activity. Should the custodial parent elect not to take the Children to a defined activity SAIDIS SHtJFF, FLOWER & LINDSAY A77'O1tI~Y$-AT~LAW 26 W. High Street Carlisle, PA for two (2) times, then the non-custodial parent shall have the right to assume that he o~- she will be responsible for transporting the Children to that activity until appro~ri transportation is provided. 8) In the event that any of the Cluldren are tulable to attend school die to illness or school closings or delays due to weather, etc., it is the responsibility of the then having custody to arrange alternate care for that -day and to notify the non parent of the Child's illness. 9) In the event that either party is planning to take the Children out of Court's jurisdiction, for an overnight trip, they must provide reasonable notice and information for the locations at which the Children will be staying. 10) Both parties are expected to use common sense in scheduling telephpne calls to talk to the Children. Both parties and/or their spouses/significant others are directed to refrain from preventing the parent who may be calling from talking tol the Children, or preventing the Children from calling the other parent, provided that the calls are not excessively frequent nor too long in duration that they disrupt the Childif en's schedule, or interfere with the custodial parent's period of custody. 11) Each of the parties and any third party in the presence of the Children tale all measures deemed advisable to foster a feeling of affection between the and the other party. Neither party shall do nor shall either parent permit any third pers~n 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 th~ free and natural development of the Children's love, affection and respect for the other The parties shall not use the Children to convey verbal messages to the other about the custody situation or changes in the custody schedule. 12) In the event that a significant matter arises with respect to the medica} care, SAIDIS SHUFF, FLOWER & LINDSAY nrtrntxtxs•eri,nw 26 W. High Street Carlisle, PA education, or financial care of -the Children such as a change in occupation, insurance, educational expenses, or residence of a parry, those matters shall be with the other parry before any change is made by either parent. 13) Each party shall confer with the other on all matters of importance r to the Children's health, maintenance, and education with a view towards obtaini following a harmonious policy in the Children's education and social adjustments. th and 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 the custody situati n. Each party shall supply the name, address and phone numbers of any persons in whose c e the Children will be in for a period in excess of seventy-two (72} hours, and for each per on or entity which may provide daycare for the Children, excluding current daycare relatives, or public school institutions. 14) Emergency decisions regarding any of the Children shall be made bye parent then having custody. However, in the event of any emergency or serious any of the Children at any time, any party then having custody of the Children immediately communicate with the other party by telephone or any other means pr,~c the of 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 SAIDIS SIii7FF, FLOWER & LINDSAY A11'!]IIITIEYS~AT~LAW 26 W. High Street Carlisle, PA any of the Children to bed for a period in excess of seventy-two (72) hours and places any of the Children under the direction of a licensed physician. 15) The welfare and convenience of the Children shall be the rime consideration of the parties in any application of the provisions of this Stipulatio and Agreement. Both parents are directed to listen carefully and consider the wishes Children in addressing the custodial schedule, any changes to the schedule, and any parenting issues. 16) Neither party shall drii~l~ to the point of intoxication when the in their custody. 17) The parties are free to modify the-terms of this Stipulation and but in order to do so, the parties must be in complete agreement to any new terns. the are t, 21) In the event that either party breaches any provision of this Order, he o she shall be responsible for any and all costs incurred to enforce the Order, including, bu not limited to, court cost and counsel fees of the other party. In the event of breach, the Cher party shall have the right, at his or her election; to sue for damages for such breach r to seek such other and additional remedies as maybe available to him or her. 18) The parties agree to cooperate with one another in an effort to foste a loving, meaningful relationship between the Children and each parent. 19) Any major, long-term modifications of this Stipulation and Agree t need to be in writing, agreed to by both parties, and executed with the same formalitie as this Stipulation. Minor, short-term changes can be made orally, if agreed upon by oth parties. In the event that either party is not in agreement with a proposed change, 's Stipulation and Agreement will control the custodial arrangement until such time as the parties aze able to agree. 20) This Stipulation, Agreement and/or Order shall supercede all prev ous custody Agreements ancUor Orders. BY THE COURT, SAIDIS SNUFF, FLOWER & LINDSAY ATIYS~AMAW 2b W. High Street Carlisie, PA S~' l~ 9nrtn J. TRUE C®PY FROM R~CaRC In Testimony where f, I here. unto set my a he seamn of sat Cou a rtisle, Via. ......s~t:...~ a o .,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILBUR R GORDON, JR., Plaintiff CIVIL ACTION -CUSTODY v. SHANNE L. GORDON, Defendant Docket No. 2004 - (In Custody) NOTICE ~ You have been sued in court. If you wish to defend against the~ns ~ fo 4 .~~ the following pages, you must take action within twenty (20) days af~is d~titi Modify Custody and Notice are served, by entering a written appearan~rso>~,ily attorney and filing in writing with the court your defenses or obj ectionthe fain .... - forth against you. You are warned that if you fail to do so the case may p~oce~ wi you and a judgment may be entered against you by the court without further notice fo money claimed in the Petition or for any other claim or relief requested by the Petiti You may lose money or property or other rights important to you. bout any YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF OU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPH NE THE OFFICE SET FORTH BELOW TO FIl~1D OUT WHERE YOU CAN GET LE AL HELP. SAIDIS SNUFF, FLOWER & LINDSA'4' AT'fORIIBYS•AT•LAW 26 W. High Street Carlisle, PA + Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demando a usted en la carte. Si usted quiere defenderse de estas expuestas en las paginas siguientes, usted tiene (20) dial de plazo a1 partir de la fecha d~ la demanda y la notification. Usted debe presentar una apariencia escnta o en persona o or abogado y archiver en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte to ara medidas u puede entrar una Orden contra usted sin previo aviso o notification y por cual it queja o alivio que es pedido en la petition de demands. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INIlVLEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR: AL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFI A CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGA AR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SAIDIS SNUFF, FLOWER & LINDSAY ATTORt~YS~A7'~LAW 26 W. High Street Cartiele, PA SAIDIS, SHLTFF, SOWER & By: Attorne~I.D~JNo. 879: 26 West High Street Carlisle, Pennsylvana (717) 243-6222 Attorneys for Plaintiff SAY SAIDIS SHUFF, Ft,OWER & LINDSAY ATfORNHYS•AT•IAW 2G W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILBUR R. GORDON, JR., Plaintiff CIVIL ACTION -CUSTODY v. : Docket No. 2004 - SHANNE L. GORDON, Defendant (In Custody) COMPLAINT FOR CUSTODY AND NOW, this ;~ day of November, 2004, comes Plaintiff, Wilbur R. G~ Jr., by and through his attorneys, Saidis, Shuff, Flower & Lindsay, and files the foll~ Complaint for Custody, and in support thereof avers as follows: 1. Plaintiff, Wilbur R. Gordon, Jr., is an adult individual who currently r at 302 Juniper Street, Carlisle, Cumberland County, Pennsylvania 17013 (herei referred to as "Father"). 2. Defendant, Shanne L. Gordon, is an adult individual who currently resi 502 North Earl Street, Shippensburg, Cumberland County, Pennsylvania 17257 (herei referred to as "Mother"). 3. Plaintiff, Wilbur R. Gordon, Jr., is the natural father of three (3) children, Wilbur. R. Gordon, III, whose date of birth is February 24, 1996, Garrett St Gordon and Tucker Leon Gordon, whose dates of birth are August 11, 1997 (herei: collectively referred to as the "Children"). 4. Defendant, Shanne L. Gordon, is the natural mother of the Children. 5. The Children were not born out of wedlock. 6. The parties were married on June 4, 1994 in Cumberland C Pennsylvana-and subsequently separated on August 20, 2004. at SAIDIS SH[TFF, FLOWER & LINDSAY ATl'OR1~YS•AT•LAW Z6 W. Hi6h Street Carlisle, PA 7. Father seeks to affirm, clarify and memorialize the parties' agreement. As such, he requests that an Order be issued in the form attached memorializing and cementing the parties' Stipulation and Agreement for Custody, as~ set forth in Paragraph 1 b, herein. 8. Mother's current address is 502 North Earl Street, Shippensb Cumberland County, Pennsylvania, where Mother exercises shared Legal custody primary physical custody of the Children. 9. Father's current address is 302 Juniper Street, Carlisle, Cumberland Co Pennsylvania, where Father exercises shared legal custody and periods of partial phy custody of the Children. 10. The relationship of Plaintiff to the Child is that of natural father. 11. The relationship of Defendant to the Child is that of natural mother. 12. Father has no information of any other custody proceeding conce~ Children pending in any court of this Commonwealth. 13. Father does not know of a person, not a party to this proceeding, physical custody of the Children or claims to have physical custody or visitation rit respect to the Children. 14. The best interest and permanent welfare of the Children will be granting the relief requested because: a. Plaintiff is the natural father of the Children; b. Defendant is the natural mother of the Children; c. Both Mother and Father have a wane, loving relationship and the has with. by h the Children; d. Both Mother and Father have, in the past, and will continue to provide a stable, loving home environment for the Children; e. Both parties and the Children will benefit from memorializing formalizing their Custody Stipulation and Agreement and having their Agreement entered as a Court Order. 15. Each parent whose parental rights to the Children have not been and the person(s) who has physical custody of the Children have been named as parti~s to this action. There are no other persons who are known to have or claim to have a rig~it to custody or visitation of the Children. 16. Both Father and Mother request that the following Custody Stipulat~or~ and Agreement be entered as a Court Order: a. The parties shall have joint legal custody of the Children. Joint SAIDIS SNUFF, FLOWER & LINDSAY ATrORI~YS•AT•LAW Z6 W. High Street Carlisle, PA custody means the right of both parents to control and to share in making decisio of importance in the lives' of their Children, including educational, medical; and reli ~ ous decisions. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being, including, but not limited to, all decisions regarding their health, educatio and religion. The custodial parent shall inform the non-custodial parent immediately of all medical and dental appointments and problems pertauung to the Children. If the C 'ldren are sick and are unable to attend school or other planned activities, the parent then aving custody will notify the other parent as soon as practicably possible. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of the Children with health care providers, sufficiently in advance thereof so that the can attend, if he or she so chooses. r party Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to equal to all records and information pertaining to the Children, including, but not limited to, Children's school, medical, dental, religious and other important records, the reside address of the Children and the other parent. As soon as practical after the receipt t party, copies of the Children's school schedule, special events notifications, report ca and similar items shall be provided to the other party. To the extent one (1) parent possession of any such records or information, that parent shall be required to share sa or copies thereof, with the other parent within such reasonable time as to make the rec or information of reasonable use to the other parent. The custodial parent shall pro copies of the Children's report cards and other reasonable papers. affecting the Chip education, medical condition or welfare. a 's Notwithstanding that both parents shall share legal custody, non-major deci~ions involving the Children's day-to-day living shall be made by the parent then having cus~.ody, consistent with the other provisions of this Stipulation. b. Physical custody of the Children, as that term is defined in the Custodyf Act, SAIDIS SHIJFF, FLOWER & LINDSAY ATTORNEl"S•AT•LAW 26 W. High Street Carlisle, PA shall be primarily with Mother, subject to Father's periods of partial custody pursuant following physical custody schedule: 1. During the school year, Father shall have custody Children every Thursday from after school through the start of on Friday. Father will make sure that the Children arrive at sc] a timely fashion; and 2. During the school year, Father shall have custody Children every other weekend from Thursdays after school t Sunday evening at 8:00 p.m., or, if the Children have off of scl a Monday extending from Father's weekend, Father shal partial custody of the Children through Monday evening p.m.; and o the f the ~hool >ol in f the ough of on have 6:00 T- ,_ _ __. _ __ 3. During the school year, on the weeks when Father does of have the Children on the weekend, he shall have the option of exercising a period of partial custody on Tuesday evening from a er school until 8:00 p.m.; 4. During the summer, Father and Mother shall alternate peri ds of partial custody on a 2 week-on, 2 week-off, basis. The Gust dy exchanges for these periods of partial custody shall take place on Sunday mornings at 10:00 a.m. The 2 week-on/2 week-offs er custody schedule shall commence the first full week of the Children's summer vacation from school, with the first 2-w eks being Father's weeks every summer, and the 2 week-on/2 week off summer custody schedule shall end the last full week of the Children's summer vacation from school. c. Transportation for custody purposes shall be divided by the partie~ as equally as possible. In the event that there is no specific provision governing the cus~ody exchange, above, the parent who is to receive custody at the time of the exchange ~s to provide for transportation from the residence of the other parent. At all times, the shall be secured in appropriate passenger restraints. No person transporting the shall consume alcoholic beverages. prior to transporting the Children. No transporting the Children shall be under the influence of any alcoholic beverages transporting the Children. d. The holiday schedule shall take precedence over the regular visitation SAIDIS SIiTJFF, FLOWER & LINDSAY ATfORNEY3•AT•LAW 26 W. High Street Carlisle, PA schedule and shall be as follows: 1. During Christmas Holiday Season, commencing it and in ,all even-numbered years thereafter, Mother shall ha right of partial custody from December 24th. after school, tl December 25th at 2:00 p.m. Mother will also have the right of custody from New Years Day (January 1, 2005) at noon unt p.m. (hereinafter referred to as "Segment A") and Father shat the right of partial custody from December 25th at 2:00 p.m. December 26th at 9:00 p.m. Father will also have the right of custody from New Year's Eve (December 31, 2004) throw Year's Day (January 1, 2005) at noon (hereinafter referre "Segment B"). 2004 e the 9:00 have New to as ~~ SAIDIS SH[TFF, FLOWER & LINDSAY ATTOAI~YS•AT•LAW 26 W. High Street Carlisle, PA During the Christmas Holiday Season, commencing in 2005 and in all odd-numbered years thereafter, Father shall have the right of partial custody for Segment A, and Mother shall have the right to partial custody for Segment B; and 2. During the Thanksgiving Holiday Season, commencin in 2004 and in alI even-numbered years thereafter, Father shall have e right of partial custody from 3:00 p.m. Thanksgiving day through e day after Thanksgiving at 9:00 p.m. (hereinafter referred to as "Segment A") and Mother shall the right of partial custody of the Children from after school the day before Thanksgiving thro gh Thanksgiving Day at 3:00 p.m. (hereinafter referred to as "Se ent }. B" During the Thanksgiving Holiday Season, commencing in 2005 and in all odd-numbered years thereafter, Mother shall have the ri t of partial custody for Segment A, and Father shall have the ri t to partial custody for Segment B; and 3. During the Easter Holiday Season, commencing in 200 and in all even-numbered years thereafter, Mother shall have the ri t of partial custody from the Saturday before Easter at 10:00 a.m. thx ugh that evening at 9:00 p.m. (hereinafter referred to as "Segment A") and Father shall have the right of partial custody of the Children om the Saturday before Easter at 9:00 p.m. through Easter Sund y at 8:00 p.m. (hereinafter referred to as "Segment B"). During the Easter Holiday Season, commencing in 2005 and all odd-numbered years thereafter, Fathex shall have the right of p ' al custody for Segment A, and Father shall have the right of artial custody for Segment B; and 4. The parties shall alternate the following holidays: Me orial Day, Fourth of July, Labor Day, and Veteran's Day. For the 2004 calendar year, and every even-numbered year thereafter, Fathe shall have FoLUth of July, and Veteran's Day (hereinafter referred to s "A Holidays") and Mother shall have Memorial Day and Labo Day (hereinafter referred to as "B Holidays"). For the 2004 ca endar year, and every even-numbered year thereafter, Father shall ha e the "A" Holidays and Mother shall have the "B" Holidays. For th 2005 calendar year, and every odd-numbered year thereafter, Mothe shall have the "A" Holidays and Father shall have the "B" Holiday . The rights of partial custody shall be exercised from 9:00 a.m. t ough 9:00 p.m. the day of the holiday; and 5. For Father's Day and Mother's Day, Mother shall alw have the right to partial custody on Mother's Day. Father sl always have the right of partial custody on Father's Day. The rid of partial custody shall be exercised from 9:00 a.m. through 9 p.m. the day of the holiday; and 6. The Children's birthday shall be with the parent having custody of the Children. The non-custodial parent shall the option to exercise a period of partial custody with all the Chi either the day before or the day after the Child's birthday from a.m. through 9:00 p.m., depending on the Children's school sche 7. The periods of partial custody for holidays or other days as set forth in this Order shall be in addition to, and sh reQUlaz periods of partial custody for that parent as set previously in this Order. Holidays and other special days far ci set forth in this Order shall take precedence over vacations. e. Tn the event that either parent, during their respective scheduled periods of custody, would need to leave the Children for a period of at least two (2) hours the custodial parent will first check with the non-custodial parent to ascertain. if the ~non- custodial parent is available to watch the Children. In the event that neither parent is al~1e to watch the Children, the custodial parent will then be responsible for obtaining the appropriate supervision for the Children. f. In the event that either party is more than thirty (30) minutes late ,for a SAIDIS SHUFF, FLOWER & LINDSAY ATf~YS•AT~I.AW 26 W. High Street Carlisle, PA custody exchange, in the absence of a telephone call or other communication fro>f rl the parent transporting the Children, the other party may assume that the parent who is la~e has chosen not to exercise that period of custody, the period will be forfeited, and party will be free to make other plans with the Children. other ~ A ~ g. To the extent possible, each party shall provide the other with at least SAIDIS SIii.TFF, FLOWER & LINDSAY A17'ORNEYS•AT•LAW 26 W. High Street Cartfsle, PA eight (48) hours advance notice of school, sporting, or other extracurricular activities. Both parties shall agree to honor and participate in the activities that the Children wish. to engage in. During the times that each of the parents have custody of the Children, they mane certain .that the Children attend any previously-scheduled extracurricular The parties are directed to be supportive of the activities and will transport the Childre~ to and from such activities .and the preparations and practice for the activities than are scheduled, in such time so that the Children are able to participate in those events. Neither parent, however, shall commit the Children to any activity Children defmitely desire to attend that activity. Participation in activities which take during the school yeas- is contingent upon each Child maintaining passing grades in Neither parent shall commit the Children to activities that fall on the other period of custody, without the consent of the other parent, which consent shall unreasonably withheld. If the Children are involved in an activity which occurs the 's be both parents' periods of custody, both parents shall cooperate in providing transportation ~f the Children to the activity. However, the then-custodial parent shall not be required to tae the Children to that activity if the custodial parent and Children are out of town durin~ that activity, for apreviously-scheduled vacation. In the event that the custodial parent is unable to deliver the Children ~o the particular activity, the parent who has custody of the Children at that time shall not~fv the non-custodial parent, who shall be entitled to pick up and deliver the Children ~to the designated activity. The custodial parent shall make certain that the Children are pick-up in time sufficient to enable the Children to timely attend the activity. y for ~, Should the custodial parent elect not to take the Children to a defined activity for two (2) times, then the non-custodial parent shall have the right to assume that he or will be responsible for transporting the Children to that activity until transportation is provided. h. In the event that any of the Children are unable to attend school illness or school closings or delays due to weather, etc., it is the responsibility of the then having custody to arrange alternate care for that day and to notify the parent of the Child's illness. i. In the event that either party is planning to take the Children out of Court's jurisdiction for an overnight trip, they must provide reasonable notice and information for the locations at which the Children will be staying. j. Both parties are expected to use common sense in scheduling SAIDIS SIitJFF, FZOWER & LINDSAY ATfoRI~'YS•AT•LAW 2G W. High Street Carlisle, PA calls to talk to the Children. Both parties. and/or their spouses/significant others are directed to refrain from preventing the parent who may be calling from talking Children, or preventing the Children from calling the other parent, provided that the calls are not excessively frequent nor too long in duration that they disrupt the Chi: schedule, or interfere with the custodial parent's period of custody. lc. Each of the parties and any third party in the presence of the tale all measures deemed advisable to foster a feeling of affection between the and the other party. Neither party shall do nor shall either parent pezznit any third p do or say anything which may estrange the Children from the other parent, their. sl relatives, or injure the Children's opinion of the other party or which may hamper and natural development of the Children's love, affection and respect for the other 1 to ~ the hone ren's shall .dren ~n to se or free . ,~ The parties shall not use the Children to convey verbal messages to the other about the custody situation or changes in the custody schedule. 1. In the event that a significant matter arises with respect to the medical education, or financial care of the Children such as a change in occupation, insurance, educational expenses, or residence of a party, those matters shall be with the other party before any change is made by either parent. ant th m. Each party shall confer with the other on all matters of importance to the Children's health, maintenance, and education with a view towards obtaining I and following a harmonious policy in the Children's education and social adjustments. party agrees to keep the other informed of his or her residence and telephone numb r to facilitate communication concerning the welfare of the Children and the custody situ ion. Each party shall supply the name, address and phone numbers of any persons in whose) care the Children will be in for a period in excess of seventy-two (72) hours, and for each or entity which may provide daycare for the Children, excluding current daycare relatives, or public school institutions. n. Emergency decisions regarding any of the Children shall be made l~y the SAIDIS SNUFF, FLOWER & LINDSAY A17'O~YS•AT9.AW 26 W. High Street Carlisle, PA parent then having custody. However, in the event of any emergency or serious illn~ss of any of the Children at any time, any party then having custody of the Children) shall immediately communicate with the other party by telephone or any other means informing the other party of the nature of the illness or emergency, so the other pare~lt Can become involved in the decision-making process as soon as practical. The term "serious ilhless" as used herein shall mean any disability which airy of the Children to bed for a period in excess of seventy-two (72) hours and places any of the Children under the direction of a licensed physician. ~~ , ~~-~- R. T.:~ . o. The welfare and convenience of the Children shall be the consideration of the parties in any application of the provisions of this Stipulation d Agreement. Both parents are directed to listen carefully and consider the wishes o the Children in addressing the custodial schedule, any changes to the schedule, and any er parenting issues. p. Neither party shall drink to the point of intoxication when the Children are in their custody. q. The parties are free to modify the terms of this Stipulation and SAIDIS SHUFF, FLOWER & LINDSAY ATTYS•AT•IdW 26 W. High Street Cariisie, PA i but in order to do so, the parties must be in complete agreement to any new terms. r. The parties agree to cooperate with one another in an effort to fos er a loving, meaningful relationship between the Children and each parent. s. Any major, long-term modifications of this Stipulation and Agre ment need to be in writing, agreed to by both parties,, and executed with the same formalit es as this Stipulation. Minor, short-term changes can be made orally, if agreed upon parties. In the event that either party is not in agreement with a proposed chant Stipulation and Agreement will control the custodial arrangement until such time parties are able to agree. t. This Stipulation, Agreement and/or Order shall supercede all custody Agreements and/or Orders. both this the • ~ ~ • M" SAIDIS SNUFF, FLOWER & LINDSAY e~xna~s•er~t~w 26 W. High Street Carlisle, PA u. In the event that either party breaches any provision of this Order, he or she shall be responsible for any and all costs incurxed to enforce the Order, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the o her party shall have the right, at his or her election; to sue for damages fox such breach r to seek such other and additional remedies as maybe available to him or her. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an der in the form attached hereto, thereby confirming the parties' Stipulation and Agreeme for Custody. By: Respectfully Submitted, SAIDIS, SHLJFF, FLOWER & LINDS~ Lindsay ch Macla~, EsgZ Attorney . o. 87954~~ 26 West High Street ,~,.,~ ~.~~ Carlisle, Pennsylvam"~ 1''~'1~ (717) 243-6222 Attorneys for Plaintiff ~ ~ ~ SAIDIS SHUFF, FLOWER & LINDSAY nTro~rs•aT•uw 26 W. High Street Carlisle, PA We, WILBUR R. GORDON, 7R.., and SF[ANNE L. GORDON, hereby verify the facts set forth in this Complaint and Stipulation and Agreement are true and come the best of our respective knowledge, information and belief. We understand that statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relatir. unsworn falsification to authorities. Furthermore, by the voluntary execution of Confirmation, we do each unequivocally express our mutual consent that the outlined in the Custody Stipulation and Agreement, above, are being entered into voluntarily and we therefore request that the amicable custody arrangement, as set said Stipulation, be entered as an Order of Court in the form attached hereto, wi necessity of a Custody Conciliation, Hearing or other formal proceeding. Date: /~-ZZ - Z,~~ Date: „~/_-/.~-a~Q~~ Wilbur R. Gordon, Jr., Defendant t to se to th15 as and s in the ., w COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF CUMBERLAND On this, the ~ day of ~yE~„~,.~ , 2004, before me, the officer, personally appeared WILBUR R. GORDON, JR., known to me (or proven) to be the person whose name is subscribed to the within instrument acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL IfANDI L LENKER, NOTARYPUBLtC CARLISLE BORS?, CUMBERLAND COUNTY MYCOMMIS3tONEXPiRESFEBAUARY20.2D05 Nota ublic COMMONWEALTH OF PENNSYLVANIA: . SS: COUNTY OF CUMBERLAND on this, the /~r~day of ~llr~tq fiC._. , 2004, before me, the officer, personally appeared SF[ANNE L. GORDON, known to me (or proven) to be the person whose name is subscribed to the within acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. SAIDIS SHUFF, FLOWER & LINDSAY ATfORI~YS•AT•LAW 26 W. High Street Carlisle, PA PublYe ~~r'~~ "~. a tv~ ~ and eal) and eal) r? .1 r MflE oi?" COUNT y PEA"?S`II.VAlfil ?a SMIGEL, ANDERSON & SACKS, LLP Theresa Jarrett Male, Esquire Supreme Court # 46439 4431 North Front Street, 3`d Floor Harrisburg, PA 17110-1778 (717) 234-2401 tmate@sgsllp.com Attorneys for Plaintiff WILBUR R. GORDON, JR. Plaintiff V. SHANNE L. GORDON -LIBERATOR f/ka/ GORDON Defendant . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5900 CIVIL ACTION - CUSTODY PLAINTIFF'S ANSWER WITH COUNTERCLAIM TO DEFENDANT'S "PETITION TO MODIFY CUSTODY" 1. Admitted. 2. Admitted. 3. Admitted in part; denied in part. Plaintiff ("Father") admits that the Honorable Kevin A. Hess signed an order incorporating the parties' stipulation for custody. Father denies the "Order of Court" is dated December 2, 2004. In fact, it is dated December 1, 2004. 4. Admitted in part; denied in part. Father admits that there have been significant changes in circumstances since entry of the consent order. Father denies the implication that changes in circumstance are required to modify custody orders. By way of additional answer: a. Admitted in part; denied in part. Father admits that the parties no longer follow the schedule set out in the Order. Father denies that he "rarely takes the children for his assigned time" and demands strict proof of this allegation at trial on the merits. By way of additional answer, Father incorporates the averments in his Counterclaim. b. Denied. Father denies that he "does not actively financially contribute to the children's school supplies and other needs" and demands strict proof of this allegation at trial on the merits. By way of additional answer, Father incorporates by reference the averments in his Counterclaim / NM. Moreover, this is a support issue, and is not raised properly in a custody action. C. Denied. Father denies that he "does not exercise parental responsibility to ensure [the] children arrive on time to school" and demands strict proof of this allegation at trial on the merits. Father denies that the children "are regularly tardy when under his care" and demands strict proof of this allegation at trial on the merits. By way of additional answer, Father incorporates by reference the averments in his Counterclaim. d. Denied. Father denies that he "does not equally share in the parental responsibility of transporting the children to their various extra-curricular activities" and demands strict proof of this allegation at trial on the merits. Father denies that the children "have missed such activities due to father's lack of active participation" and demands strict proof of this 2 allegation at trial on the merits. By way of additional answer, Father incorporates by reference the averments in his Counterclaim. e. This sub-paragraph, erroneously labeled "c", states a prayer for relief to which no responsive pleading is required. 5. This paragraph states a prayer for relief to which no responsive pleading is required. 6. This paragraph is a prayer for relief to which no responsive pleading is required. Wherefore, Plaintiff requests that the Court deny Defendant's "Petition to Modify Custody. " COUNTERCLAIM 7. Plaintiff ("Father") incorporates by reference the averments in paragraphs 1 through 6 of his Answer. 8. After entry of the Order of Court dated December 1, 2004, the parties agreed to share physical custody of their children. 9. Since January 2012, the parties have shared custody on an alternating week basis, and were doing so when Defendant filed her "Petition to Modify Custody" ("Petition") in which she asserted: Parties no longer follow the Order and the children spend most of their time with Mother. The Father rarely takes the children for his assigned time. Petition at ¶ 4.a. (emphasis added). 3 I b. 10. The following assertions by Defendant are false: a. Father "rarely takes the children for his assigned time." Petition at 14 (a). b. Father "does not financially contribute to the children's school supplies and other needs." Id. at 14. (b). C. Father "does not exercise parental responsibility to ensure [the] children arrive on time to school. Children are regularly tardy under his care." Id. at 14. (c). d. Father "does not equally share in the parental responsibility of transporting the children to their various extra-curricular activities. Children have missed such activities due to father's lack of participation." Id. at ¶ 4. (d). 11. Defendant knew that these assertions were false when she made them. 12. Defendant has failed to correct these false statements. Wherefore, Plaintiff requests that the Court sanction Defendant in the amount of $500.00, to be paid to the Cumberland County Bar Association, and that the Court award legal fees, costs and expenses in Plaintiff's favor and against Defendant in the amount of $1,500.00. SMIGEL, ANDERSON & SACKS, LLP Date: By: 4r- Theresa Barrett Male Esquire Supreme Court M 46439 4431 North Front Street, 3`d Floor Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff 4 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unworn falsification to authorities. Wilbur R. Gor , Jr. Date: G? 1 ? _? 1 Z PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by hand delivery addressed as follows: Hubert X. Gilroy, Esquire Martson Law Office 10 East High Street Carlisle, PA 17013 Custody Conciliator Karl E. Rominger, Esquire Rominger it Associates 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendant SMIGEL, ANDERSON Et SACKS, LLP Theresa Barrett Mate Esquire Supreme Court # 46439 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff Date: October 15, 2012 0 WILBUR R. GORDON, JR. IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. SHANNE L. GORDON NO. 2004-5900 DEFENDANT ENTRY OF APPEARANCE AS A SELF-REPRESENTED PARTY 1. I am the ® Plaintiff ❑ Defendant in the above-captioned (MARK ONE) ® custody, ❑ divorce, ❑ support, ❑ protection from abuse, ❑ paternity case. 2. ® This(MARK ONE) ❑ is ❑ is not a new case and I am representing myself in this case and have decided not to hire an attorney to represent me. OR(check only one box) mCO c,,0 rri t` rn ;: ❑ This is NOT a new case and �,," vio y __F. (Name of Attorney) –C ' p represented me in this case. I have decided not to be represented by that attorney and direct the Protgegtary to c: remove that attorney as my counsel of record in this case. > I have provided a copy of this form to that attorney listed above at the following address: —a c OR(check only one box) • I am entering my appearance as a self-represented party(sign) -4 -And My attorney acknowledge r withdrawal , my attorney i t/_110 case. (Attorney signature) i "ay. /// , Esq. 3. My address for the purpose of receiving all future pleadings and other legal notices is: 525 Weaver Avenue, Chambersburg, PA 17201. I understand that this address will be the only address to which notices and pleadings in this case will be sent, and that I am responsible to regularly check my mail at this address to ensure that I do not miss important deadlines or proceedings. This is my home address. ❑ This is not my home address. 4. My telephone number where I can be reached during normal business hours(8:00 a.m.–4:30 p.m. Monday–Friday) is 717-440-1920. My email address is gordonw10comcast.net. ❑ My telephone number and email address are confidential pursuant to a Protection From Abuse Order. 5. I UNDERSTAND I MUST FILE A NEW FORM EVERY TIME MY ADDRESS OR TELEPHONE NUMBER CHANGES. 6. I have provided a copy of this form to all other attorneys or other self-represented parties at tie following addresses listed below: (Use reverse side if you need more space). Name: Karl E. Rominger, Esquire Address 155 South Hanover Street, Carlisle, PA 17013 Name Address 7. I fully understand that by deciding to represent myself,the Court will hold me to the same standards of knowledge regarding the statutory law, evidence law, Local and State Rules of Procedure and applicable case law as a Pennsylvania licensed attorney, and that I must be fully prepared to meet those responsibilities. I verify that the statements made in this Entry of Appearance as a Self-Represented Party are true and correct. I understand that if I make false statements herein, that I am subject to the criminal penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities whi h co Id result in a fine and/or prison term. 47>I 3 7 ti� ry'> Da e Signature g o ignat r