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Home My WebLink About05-3606 MARCUS E. GUMBY, Plaintiff = IN THE COURT OF COMMON PLUS OF = CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant = CIVIL ACTION - LAW . ; NO. 05 -~ CIVIL TERM . IN CUSTODY ANGELA FINLEY, PETITION FOR CUSTODY NOW comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and presents the following petition for custody, representing as follows: 1. The plaintiff is MARCUS E. GUMBY, an adult individual residing at 144 Tower Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is ANGELA FINLEY, an adult individual residing at 571 "E" Street, Cumberland County, Pennsylvania 17013. 3. The parties are the parents of a minor children, namely Skylar Devon Gumby (born December 9, 1993, age 11 years). 4. The child resided with both parties from the time of her birth until the parties' separation in 1999. Since that time, the child has resided with the defendant at various locations in Cumberland County. 5. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, other than the existing Order filed to this term and number. 6. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. Plaintiff believes and therefore avers that the best interests and permanent welfare of the child require that the parties have joint legal custody of the child, that defendant have primary physical custody and that plaintiff have specified periods of temporary custody and visitation with the child in accordance with a schedule and under certain conditions which may be agreed upon at a conciliation to be held in this matter. WHEREFORE, plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the child as aforesaid. HAROLD S. IRWIN, 1/1 Attorney for plaintiff July 15, 2005 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. July 15, 2005 rLc;,If MARCUS E. GUMBY ~() -b ~ ~ ~ "- --- -:-- - ~ ~ E>' ...,j u, o ~ 6' W :f 0 ...., c = 0 ~ ;:.:: c.n -r1 <- ~-cJ c: r' rl1- G ~o;;-, (Jl :::'JC) ":)rL.. _.,( ,.J "". ::S~[~ w-,.. :> -.. ~)rn .- .. c-< .'4 W ":> -<. ~.tJ W .< MARCUS E. GUMBY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 05-3606 CIVIL ACTION LA W ANGELA FINLEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 20, 2005 , upon consid',ration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thnrsday, Au~ust 25, 2005 at 9:30 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 heariu!!. FOR THE COURT. By: /s/ Tacqueline M Verney. Esq. Custody Conciliator y The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information 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 before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE 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 Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . vf~$p ~~~ 50-Jt>-L _ lI't' P ~ ~lt., >>.rt'-L ~ & -;2 ~~? -)Y? 5o.re'L VjN\/J\lAS~\:N~d AlI',jiiC' "':::::!",''1''' _;{,>v 92 :2 Hd 12 lnrsooz AI:J\I.LCNC,LCdd 3H1 .:JO 3Ci!j:lC!vo(]::nl,:1 - JRECEIVED SEP 202005 MARCUS E. GUMBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2005-3606 CIVIL TERM ANGELA FINLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 20th day of September 2005, the Conciliator being notified that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, tlh ~ ne M. Verney, Esquire, Custody Co . iator \j\N\f/\:lAS;\,,~'ljd A.lNnC{,', ':",ii"'-:':rll'If'iJ is :0\ \~~ 22 d3.S jOOZ A\:iV10,CdiOdd 3\-11 :lO 38U:\Q-CBlkl .' HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29820 64 SOUTH PITT S11l1!I!T CARLISLE PA 17013 (717) 243-lIOlIO ATTORNEY FOR PLAINTIFF MARCUS E. GUMBY, Plaintiff = IN THE COURT OF COMMON PLEAS OF = CUMBERLAND COUNTY, PENNSYLVANIA Y. : CIVIL ACTION - LAW ANGELA FINLEY, Defendant : NO. 05 . 3606 CIVIL TERM = IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this Jd!!}day Of~~~~~~er 2005, by and between MARCUS E. GUMBY (hereinafter referred to as "Father") and ANGELA FINLEY (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the natural parents of a minor child, namely Skylar Devan Gumby (born December 9, 1993, age 11 years); and WHEREAS, the Father and Mother are currently parties to a custody proceeding filed to the above term and number in Cumberland County, Pennsylvania; and, WHEREAS, the parties wish to enter into an agreement relative to the custody, partial custody, and support of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: .' 1. The Mother and Father shall have joint legal custody of the child. 2. The Mother shall have primary physical custody of the child. 3. In addition to such other times as the parties may mutually agree, the Father shall have partial custody of the child every other weekend from Saturday at 9:00 a.m. until 6:00 p.m. and from Sunday at 9:00 a.m. until 6:00 p.m., provided Father is not working the night preceding his period of custody. If Father is working the night prior to his period of custody, then such period shall be from 12:00 noon until 6:00 p.m. Father shall provide his work schedule to the Mother every two weeks to determine the starting times for his periods of custody. 4. Father and Mother shall share visitation on birthday of the child and on holidays as arranged by the parties. 5. Father shall always have the child on Father's Day, at such times as are set forth in paragraph three above, and Mother shall always have the child on Mother's Day, from 9:00 a.m. until 6:00 p.m. 6. Father shall provide transportation for his periods of custody. 7. Both parties agree that the Father shall have reasonable telephone contact with the child while the child is in the Mother's custody. 8. Both parties acknowledge that the child may have some scheduled activities planned during various weekends (including, but not limited to school activities and church related activities). Both parties will ensure the child's attendance at these activities. " . .' . 9. Both parties agree to keep the other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child are protected. 10. The parties shall do nothing that may estrange the child from each other or hinder the natural development of the child's love or affection for the other party. 11. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 12. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 13. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and either party desire further or require further modification of said Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. ," dvL 4- ,.; 'I / t , ,'10t. t!.../.5. W MARCUSE.GUMBY v Da : /I//s1os--- ~ ANGEL FINLE Date: Id--/!.t)..,,/(),\~ (SEAL) ~-"- ~ L (J (SEAL) ; ~. ... " COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND -fI.- On this, the I.) day of November, 2005, before, the undersigned officer, appeared MARCUS E. GUMBY, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set m~ AL) COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the I J t h day of~9bT,'~r~ ~005, before, the undersigned officer, appeared ANGELA FINLEY, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (~n ~ IiJ A () C! /:;0.1 L (SEAL) '~tary Public NOTARIAL SEAL BARBARA E. STEEL, Notary Public Carlisle Bora., Cumberland County My Commission Expires Feb. 18, 2006 " c ,.,,'. ~ ." '. ? HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF DEe I 4 2005 f'/i~ MARCUS E. GUMBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW Defendant : NO. 05 - 3606 CIVIL TERM : IN CUSTODY ANGELA FINLEY, ORDER OF COURT AND NOW, thiS.dl!- day of ~ ,2005, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreem~~' ~~T~~J~ n Order of Court. J. l \,cP ,,\ . f)- \'f'- \1\lS4i0}'S;y,j3d I \ h.\ncr. (,,~,-'.', :", ,,""',-:\\,'\\\8 i\v>#" L -,' " E, t: :S \4~ \ Z ')3(\ ~~~L \ 'J\ll ,,"i'" I \ 0.,:,.\ :II II ~O 1\-.j~.;..vt'\..,..Ji ,~J\...>;Y_ru. 3':)\:1:\0-(\3"1\:1