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HomeMy WebLinkAbout05-3272 ROBERT O. GOULD, JR., plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS" -dJ.^1J.... C.IU~L y~ CIVIL ACTION - LAW CUSTODY LISA J. McGREARY, Defendant COMPLAINT FOR CUSTODY MODIFICATION 1. The Plaintiff is ROBERT O. GOULD, JR., residing at 2913 Glenwood Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Lisa J. McGreary, residing at 602 Grantham Road, Grantham, Cumberland County, pennsylvania. 3. Plaintiff and Defendant are the natural parents and legal guardians of the following children: NAME PRESENT ADDRESS AGE Alise M. Gould 602 Grantham Road, 17 Grantham, PA (dob 8/20/87) Shannon L. Gould 602 Grantham Road, 15 Grantham, PA (dqb 6/10/90) Plaintiff seeks custody of the minor child Alise M. Gould. The child was not born out of wedlock. The children are presently in the legal custody of Defendant who resides at 602 Grantham Road, Grantham, Cumberland County, Pennsylvania although Alise M. Gould presently resides with Plaintiff at 2913 Glenwood Road, Camp Hill, Cumberland County, Pennsylvania 17011. since birth, both children aforesaid have resided with the following persons at the following addresses: PERSON ADDRESS DATE Plaintiff & Defendant New Kingston, PA Birth - 1990 Plaintiff & Defendant 610 S. 23rd Street Harrisburg, PA 1991 - 1992 Plaintiff & Defendant 2913 Glenwood Road, Camp Hill, PA 17011 1992 Defendant 602 Grantham Road, Grantham, PA 1992 - Present (although Alise M. Gould has resided with Plaintiff since May 19, 2005) The mother of the children, Defendant Lisa J. McGreary, is currently residing at 602 Grantham Road, Grantham, Cumberland County, Pennsylvania. The father of the children, Plaintiff Robert O. Gould, Jr., is currently residing at 2913 Glenwood Road, Camp Hill, Cumberland County, Pennsylvania 17011. 4. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with his wife Karin, their own minor daughter and with one of the minor children the subject hereof Alise M. Gould. 5. The relationship of Defendant to the children is that of mother. The Defendant currently resides with her husband and with one of the minor children the subject hereof Shannon L. Gould. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court although they entered into an ROBERT O. GOULD, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-3272 CIVIL ACTION LAW LISA J. MCGREARY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 30, ZOOS , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Wedue"day, July ZO, ZOOS , the conciliator, at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute: or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!. FOR THE COURT. By: Isl Hubert X. Gilrov. Esq. Custody Conciliator rfY1 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business belore the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Associatitm 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 166 - ~ ne"rJr"-# ~ ~ ~ 50.>.L. ,~'Z ~ ~u, 5O-S-L ~.~ ~~ -~-W flJ-;;--L lfiN\t^lASNN'::jd I I Nnn" ('::";,,,pQ1/,ln" I\J... I.......\.) ,,; ,\ '_',-""rl V 22 :8 Wd S- lnr gOOZ AtN10liOHlOHd 3Hl :10 381~~0-G311.:l Agreement evidencing their wishes as to custody on or about November 8, 1993 (See Exhibit "A" attached hereto) . Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the said children. 7. The best interests and permanent welfare of the subject child Alise M. Gould will be served by granting Plaintiff primary physical custody of her because Plaintiff can provide her with a stable home environment in which to live. 8. Each parent whose parental rights to the children has not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant him custody of the children the subject hereof. DATED: kl1i/~ I J Respectfully Submitted: ~ d:CQm'E ATTORNEY FOR PLAINTIFF 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 1 Securities (motor vehicle loan); and (9) York Bank (bill consolidation loan). 6. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, per~onal or mixed, tangible or intangible, which are acquired by him or her after the execution of this Agreement, will full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. CUS~OD~ PROVISIONS 1. PRIMARY PHYSICAL CUS'rODY The parties agree that pr.iJnary physical custody of the parties minor children shall be with Wife. BUllband shall have unrestricted telephone acce:;s to the children, and Wife will encourage the children to call their father. 2. PARTIAL PHYSICAL CUSTODY/VISITATION BY HUSBAND A. OVERNIGHTS Husband shall have physical custody of the children each Saturday evening with return by 6:00 PM the following Sunday. Any alteration of the return time shall be by mutual agreement of the parties. The parties agree to share the transportation responsibilitie8. Any additional overnights shall be during the summer or other vacation periods, with arrangements made at least forty-eight (48 I hours in advance. Husband shall provide all transportation for these additional overnights. -10- EXHIBIT "An B. HOLIDAYS Husband shall have the children four (4) hours on each of Christmas Pay, Thanksgiving Day, New Year's Day and Father's Day each year, the exact time period on each holiday to specified at least forty-eight (48) hours in advance. C. SUMMER VACATIONS Husband shall custody of the children for two (2) non- consecutive weeks during the summer vacation period. If the children are to be taken from the immediate Central Pennsylvania area, Husband shall provide wife with a written destination address and contact telephone nWllber. D. VISITATION Husband shall have visitation with the children on his daysoff during the week frolll 3:30 PM until 8:00 PM during the school year and during the Bummer or other vacation periods at tim.UI to be agreed upon. Busband shall provide all transportation. 3. LEGAL CUSTOPY The parties Agree that they will share legal custody of the Children, legal custody being defined as the legal right to make major decisions affecting the beat interests of the children, including, but not limited to, medical, religious and educational decisions. 4. CONSULTATION PRIVILEGES In addition to any provisions contained herein, Husband shall have the fo11o~in9 rights with respect to the children: reaaonable telephone calling privileges; access to report cards and other relevant information concerning the progress of the children in -11- VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 'relating to unsworn falsification to authorities. DATED: b( t61 os' ROBERT O. GOULD, JR. )::J (J -Ill ~ ........ 1*- ...... ...... lrt 0 ", - J:: () c~ = 0 ':::;;.;' ~ ~ c.rl ., V) f'- ~ =[1" ~ )oJ nlr~;:; "" H - - --0 -.J ,.- (:; i? \1 " ::~ ! .:") c.) In ---t:- CJ CJ RECEIVED JUL 2 6 200~ ROBERT O. GOULD, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LISA J. MCGREARY Defendant NO. 05-3272 IN CUSTODY COURT ORDER AND NOW, this ;;;P,J day of July, 2005, the Concilialtor being advised as the parties have reached an agreement, the Conciliator relinquishes jurisdiction. BY THE COURT, /.ll\;::C",,'" L I) : I AUV.,)r :~ "j "~ _",,J',.J U.I iP:J I Z -'r ~ Cf"17 L, l!i :tJu,,, :;1-11 :JO -:ij{Ef1!.-:l ROBERT O. GOULD, JR., Plaintiff IN THE COTJRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-3272 LISA J. McGREARY, Defendant CIVIL ACTION - LAW CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY MODIFICATION AND NOW, the parties stipulate and ag-ree as follows: 1. The parties shall have joint legal custody of their'minor children the subject hereof Alise M. Gould and Shannon L. Gould, legal custody being defined as the legal right to make major decisions affecting the upbringing of the children, including but not limited to medical, religious and educational decisions. The parties agree to discuss and consult with one another on these decisions with a view to adopting a harmonious policy calculated to promoting the children's best interests. 2. Each party has a right to be kept informed of the children's educational and medical development and shall have a right of access to the children's educational and medical records. Each party shall be entitled to complete and full information concerning the children from each other and from any doctor, dentist, teacher or similar authority, and to have copies of any reports, notices or other communications given to either party as a parent. 3. Each party shall notify the other of any matter relating, to the children which could reasonably be expected to be of significant concern to the other party. 4. Defendant shall have primary physical custody of the child . . Shannon L. Gould. 5. Plaintiff shall have primary physical custody of the child Alise M. Gould. 6. The parties shall have periods of partial custody of the child they are not the primary physical custodian of and the terms set forth in Plaintiff's Complaint for Custody Modification (see Exhibit "A" attached hereto) . IN WITNESS WHEREOF the parties hereto have set their hands and seals this day of , July 2005. ROBERT O. GOULD, JR. WITp: '4---- . ~~~(.~ ~~~&,3i~~ 11~'7 ) ~y~J f) ~ Securities (motor vehicle loan); and (g) York Bank (bill consolidation loan). 6. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of t.he other, all items of property, be they re~l, per50nal or mixed, tangible or intangible, which are acquired by him or her after the execution of this Agreement, will full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. CUSTODY PROVISIONS 1. PRIMARY PHYSICAL CUSTODY The parties agree that primary physical custody of the parties minor children shall be with wife. Husband shall have unre5tricted telephone access to the children, and wife will encourage the children to call their father. 2. PARTIAL PHYSICAL CUSTODY/VISITATION BY HUSBAND A. OVERNIGHTS Husband shall have physical custody of the children each Saturday evening with return by 6: 00 PM the following Sunday. Any alteration of the return time shall be by mutual agreemen t of the parties. The parties agree to share the transportation responsibilities. Any additional overnights shall be during the summer or other vacation periods, with arrangements made at least forty-eight (48) hour:J in advance _ Husband shall provide all transportation for these additional overnights. -10- 1':XIlI BIT "A" ---- . . B. HOLIDAYS Husband shall have the children four (4) hours on each of Christmas Day, Thanksgiving Day, New Year' s Day and Father's Day each year, the exact time period on each holiday to specified at least forty-eight (48) hours in advance. C. SUMMER VACATIONS Husband shall custody of the children for two (2) non- consecutive weeks during the 5uIDnler vacation period. If the children are to be taken from the immediate Central Pennsylvania area, Husband shall provide wife with a wri tten destination address and CClntact telephone number. D. VISITATION Husband shall have visitation with the children on his daysoff during the week from 3; 30 PM until 8; 00 PM during the school year and during the Bt~er or other vacation periods at times to be agreed upon. Husband shall provide all transportation. ), LEGAL CUSTODY The parties agree that they will sh<3r.e legal custody of the children, legal custody beiny defined ~s the legal right to make Ulajor decisione affecting the best interests of the children, including, but not limited to, medical, religious and educational decisions.. 4. CONSULTATION PRIVILEGES In ~ddition to any provision~ contained herein, HU6b~nd shall have the following rights with respect to the children: reasonable telc(Jhone cl:111ing privileges; access to report cards and at.her:- relevant inforlTli.ltion concerning the progre"" of the children in -11- () ...., C? <,:.;.:.:J "", :r-'" i._.._ (,") o -n -I ;:f,~ ::"-;::.J C) [',,) ~ ::~-'j -.." '~~r/l '--, "l-;: ~D -< cr.