HomeMy WebLinkAbout05-4514
In The Court of Common Pleas Of Cumberland County, Pennsylvania
Gerald R Morton
Plaintiff
)Docket Number 05 - '15'1 If Cuoil
)
)
,
.-,-
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vs.
Nicole L Carney
Defendant
)
)
COMPLAINT FOR PARTIAL CUSTODY
TO THE HONORABLE JUDGES OF SAID COURT:
1) The Plaintiff is Gerald R Morton, residing at 1956 Reservoir Dr,
Carlisle PA 17013 Cumberland County
2) The Defendant is Nicole L Carney, residing at 17A W. Glenwood
Dr Camp Hill PA 17011 Cumberland County
3) Plaintiff seeks Partial Custody of the following child:
Riley Nicholas Morton DOB 11/29/2004
17A W. Glenwood Dr AGE 10 Months
Camp Hill PA 17011 Cumberland County
The Child was born out of wedlock.
The Child is presently in the custody of the Mother
Nicole L Carney who resides at 17A W. Glenwood Dr Camp Hill
PA 17011 Cumberland County
She is Single
The Father of the child is Gerald R Morton currently
residing at 1956 Reservoir Dr Carlisle Pa 17013 Cumberland
County
He is Single
4) The Relationship of the Plaintiff to the Child is that of the Father.
The Plaintiff currently resides with his Mother and Father at 1956
Reservoir Dr Carlisle PA 17013 Cumberland County
5) The Relationship of the Defendant to the Child is that of the
Mother. The Defendant currently resides alone at 17W Glenwood
Dr Camp Hill PA 17011 Cumberland County
6) Plaintiff has not participated as a party or witness, or in another
capacity, in other litigation concerning the custody ofthe Child in
this or any other court
Plaintiff has no information of a custody proceeding concerning
the Child pending in a Court of this Commonwealth.
Plaintiff does not know of a person not a party to the proceedings
whom has physical custody of the Child or claims to have custody
or visitation rights with respect to the child.
The best interest and permanent welfare of the Child will be
served by granting of the relief requested because the Child has
the right for frequent and unimpeded contact between both
parents.
Both parties have agreed upon and entered into a Custody and
Visitation Agreement. See attached original document.
Wherefore, Plaintiff requests the Honorable Court to grant
Partial Custodv of the Child.
I veritY that the statements made in this complaint are true and
correct. I understand that false statements herein are made
subject to the penalties of 18 P A CoS. ~ 4904 relating to unsworn
falsification to authorities.
~tJL
~ (I I "dOcS-
GERALD R MORTON
Plain tiff
pro se
In The Court of Common Pleas Of Cumberland County, Pennsylvania
DOMESTIC RELATIONS OFFICE
Gerald R Morton
Plaintiff
)Docket Number 1113S2004
)
)PACSES Case Number
)172106987
)
vs.
Nicole L Carney
Defendant
PROOF OF SERVICE
I Gerald R Morton, personally served the Defendant, Nicole L
Carney, with a COMPLAINT FOR PARTIAL CUSTODY at her
residence on September 3,2005.
Gerald R Morton
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Custody and Visitation aareement for:
Riley Nicholas Morton
0.0.8 11/29/2004
Primary Residence of Riley: 17A W. Glenwood Dr. Camp Hill, PA 17011
Parent (Father): Gerald R. Morton a.k.a Randy
1956 Reservoir Dr.
Carlisle, PA 17013
Parent (Mother): Nicole L. Carney
17 A W. Glenwood Dr.
Camp Hill, PA 17011
General provisions
Nicole L. Carney shall have Primary Physical Custody and Shared Legal Custody and control of Riley
Nicholas Morton, Gerald R. Morton shall have Shared Legal Custody and reasonable and liberal
visitation at times agreed to by the parties.
Nicole L. Carney shall have Primary Physical Custody and Shared Legal Custody of the minor child of
the parties, and Gerald R. Morton shall have reasonable rights of visitation. Such visitation shall
include:
(a) Alternate weekends from 7 p.m. Friday to 7p.m. Sunday. (Flexibility if necessary)
(b) Flexible vacation with 30 days notice for a period to be discussed e,g., day, weekend or week.
(c) Father's Day-Father's Day from the Saturday night before @ 6p.m. till Father's Day until6p.m., In
the case it is not Gerald's weekend and vice versa for Mother's Day.
(d) Holidays will be work out to Y:z days unless travel is necessary a compromise with the exception of
Christmas. Gerald will have Riley Christmas Eve (due to Family Celebrating on the Eve) to be
returned home that evening and Nicole will have Christmas Day with the flexibility of Gerald getting
him in the evening if wanted,
(f) One weekday visit per week, Weekday (to be chosen @ later date) Riley can be picked up @
home and had until 9 p,m, at latest.
.... Child cannot be taken out of state w/o other parent being aware of the where about of travel or final
destination and approval.
1\ fie
Initial~~
Page1of4
Agreement to consult regarding decisions affecting the children
The parties agree to consult with each other regarding major decisions affecting the children
[particular issues might be specified, including major expenditures on behalf of the children, activities,
and parental living arrangements] The requirement of consultation means that Gerald shall have
meaningful input into decisions affecting the children before final decisions are made. In the event
that an agreement or compromise cannot be reached, Nicole shall have final authority on the
decision. [unless a court determines otherwise].
Health problems
Each parent shall promptly notify the other in the event that one of the children suffers an illness or
accident reqUiring hospitalization or medical care of a physician or dentist. Each parent shall notify
the other regarding results of the children's medical and dental examinations and supply copies of
health records, if requested.
Emergency Medical decisions
It is understood that some decisions must be made on an emergency or urgent basis and in such an
event, each of the parties acknowledges full confidence in the other's ability to make a unilateral
decision for the children's welfare, which otherwise would be a joint decision of the parties. When a
unilateral decision on a significant matter is made, the party making that decision shall promptly notify
the other party,
Pick-ups and drop-offs
Pick-ups and drop-offs are to be from Nicole's residence and done on a timely basis. If Gerald is
going to be more than 30 minutes late, he must advise Nicole by telephone.
In light of the age of child as he grows and matures we will modify and accommodate visitation
around his schedule and activities when necessary to ensure he is not in a situation to have to miss
and be left out of activities,
Special family events
Each parent shall allow the other parent to have the children with him or her for special family events,
such as weddings, funerals, reunions, and major anniversaries and birthdays (e.g., a grandparent's
50th wedding anniversary or 50th birthday). The parent seeking to have the children with him or her
for the special event shall provide as much advance notice as possible to the other parent. If such an
event falls on a weekend when the children normally would not be with the parent who wishes to take
them to the special event, the parents shall attempt to come to a compromise or switch weekends,
,"~~<d\
Page 2 of 4
Right of first refusal to care for the child
In the event the child cannot be taken care of by one parent for a period of five hours or more
because of that parent's work schedule, out-of-town travel, prior engagements, or other reason, the
other parent shall be given the opportunity to care for the child rather than having the child in the care
of a sitter,
Address and telephone numbers
Each parent shall keep the other advised of his or her current addresses and telephone numbers for
residence and work. In the event either parent travels out of town for a period of four days or more,
the traveling parent shall provide the other parent with a telephone number at or through which he or
she may be reached. On all trips of more than two days on which a parent is taking the children out of
town, the parent taking the trip shall provide the other parent with an itinerary that includes addresses
and telephone numbers at which the children can be reached.
Positive relationships
Each parent shall use reasonable efforts to promote a positive relationship between the children and
the other parent. Neither parent shall undermine the child's relationship with the other parent, nor
shall either party permit third persons to undermine the children's relationship with the other parent.
Only the natural Mother or the natural Father, if any, shall administer punishment of said minor child,
80th parties are restrained from allowing stepparents and/or live-in mates to administer punishment
to said minor child,
-~~
Page 30r4
In the Commonwealth of Pennsylvania
The above named Gerald R. Morton has agreed to the Custody and Visitation of Riley N, Morton
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Signature Date
~C4"
*~r
Notary
Date
NOTARiAl SEAL --,
~R.CNlANCi, Not~bIiC I
~"Ul'" Bora. CumlJerl
My ~ommission Expires June 15, 2
The above named Nicole L. Carney has agreed the the Custody and Visitation of Riley N. Morton
~~
7A*
Notary
Date
NOTARIAL SEAL ~eal
MICHAEl R. CARAtlCI, Notary POllTl~
Lemoyne Bora. Cumberland County I
. MiJ Commission Expires June.~~: 2000., '
Page 3 of4
T.
GERALD R. MORTON alkfa RANDY,
Pl.AINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERl.AND COUNTY, PENNSYLVANIA
V.
NICOLE L. CARNEY,
DEFENDANT
05-4514 CIVIL TERM
AND NOW, this
ORDER OF COURT
~
day of September, 2005, the attached
agreement of the parties is made a custody order of this court.
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By the COe\!rt,
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Custodv and Visitation aareement for:
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)f<ECEIVED SEP 07 Z005
Riley Nicholas Morton
0.0.8 11/29/2004
Primary Residence of Riley: 17 A W. Glenwood Dr. Camp Hill, PA 17011
Parent (Father): Gerald R. Morton aKa Randy
1956 Reservoir Dr.
Carlisle, PA 17013
Parent (Mother): Nicole L. Carney
17 A W. Glenwood Dr.
Camp Hill, PA 17011
General provisions
Nicole L. Carney shall have Primary Physical Custody and Shared Legal Custody and control of Riley
Nicholas Morton, Gerald R. Morton shall have Shared Legal Custody and reasonable and liberal
visitation at times agreed to by the parties.
Nicole L. Carney shall have Primary Physical Custody and Shared Legal Custody of the minor child of
the parties, and Gerald R. Morton shall have reasonable rights of visitation, Such visitation shall
include:
(a) Alternate weekends from 7 p.m. Friday to 7p,m. Sunday. (Flexibility if necessary)
(b) Flexible vacation with 30 days notice for a period to be discussed e,g" day, weekend or week.
(c) Father's Day-Father's Day from the Saturday night before @ 6p.m. till Father's Day until 6p.m., In
the case it is not Gerald's weekend and vice versa for Mother's Day.
(d) Holidays will be work out to % days unless travel is necessary a compromise with the exception of
Christmas. Gerald will have Riley Christmas Eve (due to Family Celebrating on the Eve) to be
returned home that evening and Nicole will have Christmas Day with the flexibility of Gerald getting
him in the evening if wanted.
(f) One weekday visit per week, Weekday (to be chosen @ later date) Riley can be picked up @
home and had until 9 p,m. at latest.
.... Child cannot be taken out of state wlo other parent being aware of the where about of travel or final
destination and approval.
'""w~
Page 1 of4
Agreement to consult regarding decisions affecting the children
The parties agree to consult with each other regarding major decisions affecting the children
[particular issues might be specified, including major expenditures on behalf of the children, activities,
and parental living arrangements] The requirement of consultation means that Gerald shall have
meaningful input into decisions affecting the children before final decisions are made. In the event
that an agreement or compromise cannot be reached, Nicole shall have final authority on the
decision. [unless a court determines otherwise].
Health problems
Each parent shall promptly notify the other in the event that one of the children suffers an illness or
accident requiring hospitalization or medical care of a physician or dentist. Each parent shall notify
the other regarding results of the children's medical and dental examinations and supply copies of
health records, if requested.
Emergency Medical decisions
It is understood that some decisions must be made on an emergency or urgent basis and in such an
event, each of the parties acknowledges full confidence in the other's ability to make a unilateral
decision for the children's welfare, which otherwise would be a joint decision of the parties. When a
unilateral decision on a significant matter is made, the party making that decision shall promptly notify
the other party.
Pick-ups and drop-offs
Pick-ups and drop-offs are to be from Nicole's residence and done on a timely basis. If Gerald is
going to be more than 30 minutes late, he must advise Nicole by telephone.
In light of the age of child as he grows and matures we will modify and accommodate visitation
around his schedule and activities when necessary to ensure he is not in a situation to have to miss
and be left out of activities.
Special family events
Each parent shall allow the other parent to have the children with him or her for special family events,
such as weddings. funerals, reunions, and major anniversaries and birthdays (e.g., a grandparent's
50th wedding anniversary or 50th birthday), The parent seeking to have the children with him or her
for the special event shall provide as much advance notice as possible to the other parent. If such an
event falls on a weekend when the children normally would not be with the parent who wishes to take
them to the special event, the parents shall attempt to come to a compromise or switch weekends.
,",.,~G8
Page 2 of4
Right of first refusal to care for the child
In the event the child cannot be taken care of by one parent for a period of five hours or more
because of that parent's work schedule, out-of-town travel, prior engagements, or other reason, the
other parent shall be given the opportunity to care for the child rather than having the child in the care
of a sitter.
Address and telephone numbers
Each parent shall keep the other advised of his or her current addresses and telephone numbers for
residence and work, In the event either parent travels out of town for a period of four days or more,
the traveling parent shall provide the other parent with a telephone number at or through which he or
she may be reached, On all trips of more than two days on which a parent is taking the children out of
town, the parent taking the trip shall provide the other parent with an itinerary that includes addresses
and telephone numbers at which the children can be reached.
Positive relationships
Each parent shall use reasonable efforts to promote a positive relationship between the children and
the other parent. Neither parent shall undermine the child's relationship with the other parent, nor
shall either party permit third persons to undermine the children's relationship with the other parent.
Only the natural Mother or the natural Father, if any, shall administer punishment of said minor child,
Both parties are restrained from allowing stepparents and/or live-in mates to administer punishment
to said minor child.
,~~~~
Page 3 or 4
In the Commonwealth of Pennsylvania