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HomeMy WebLinkAbout06-3006 V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. ()(r 300 l,. Civil Term JAMES McCOMBS, III Plaintiff DAWN J. KLABON, Defendant : IN CUSTODY CUSTODY COMPLAINT I. Plaintiff is James McCombs, III, who currently resides at 96 Beagle Club Road, Carlisle, Cumberland County, Pa. 17013. 2. Defendant is Dawn J. Klabon, who currently resides at 86 March Drive, Carlisle, Cumberland County, Pa., 17013. 3. Plaintiff and Defendant are the natural parents of the following child and Plaintiff seeks a custody order regarding the following child: DOB/AGE ADDRESS NAME Aiden P. McCombs March 14,2005 (I) 86 Marsh Dr. Carlisle, Pa. 17013 Mother and Father were never married. Mother currently has primary physical custody of the child. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Dawn 1. Klabon 86 Marsh Drive Owen Klabon (half sibling) Carlisle, Pa. 17013 Richard Bear (boyfriend) birth to present. The mother of the child is Dawn 1. Klabon. She currently resides at 86 Marsh Drive, Carlisle, Pa. 17013. The father the child is James C. McCombs, III. He currently resides at 96 Beagle Club Road, Carlisle, Pa. 17013. 4. The relationship of plaintiff to the children is that of Father. The Plaintiff currently resides alone. 5. The relationship of defendant to the child is that of Mother. The persons that the Defendant currently resides with are her boyfriend and her child, Owen Klabon. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The oarties have entered into a custodv agreement which thev believe is in the best interest of the child. Plaintiff is requesting that this custodv agreement be entered as an order of court. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Respectfully submitted, Date:~1~41 O~ dams, Esquire o. 79465 4 outh Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verifY that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. ~4904 relating to unsworn falsification to authorities. Date:s\~q\OL ~ s, nr, Plaintiff \~ ~ ~ w "\) ~ ~ .::~, \ I~~\ ' {~(l (') C -.:.~ "'" <"'-" t~~::> CT' ~ - :;r.>-"" -< ~ o -.,-, "" (J1 -::\ :C""1l rnp -oj':""'\ ~:~:: '~:;l\ ,~ ';,;.; ::< ?:,.~"" 3: cD N ..... V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. CJ(.,- 3HJ(, Civil Term JAMES McCOMBS, III Plaintiff DAWN J. KLABON, Defendant : IN CUSTODY STIPULATION AND CUSTODY AGREEMENT ilfI This Stipulation and Custody Agreement is made this {). 4 day of c...-yn~ ' 2006, by and between JAMES McCOMBS, III, (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania, and DAWN J. KLABON, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one minor child, namely, Aiden McCombs, date of birth, March 14,2005; and Mother is the Natural parent of Owen Klabon, whose date of birth, is July 17,2001; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. ,I ,- NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: I. Lel:al Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their children, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the children's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental. optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. 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 physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Phvsical Custody. The parties shall share equally physical custody of their child, Aiden McCombs. Also, Mother agrees that Father may have periods of physical custody with her child, Owen Klabon when Aiden McCombs is with father; however, nothing in this agreement and/or subsequent order shall affect or detract from the rights of Owen's natural father. 3. Schedule. A. The parties shall alternate weekends, with a weekend to be defined as beginning Friday afternoon and continuing through Monday morning. Father shall have the child on the weekend beginning May 19, 2006, and the parties shall alternate weekends thereafter. B. The parties shall alternate time with the child during the week. During Week A, Father shall have the child from Monday through Wednesday, and Mother shall have the child from Wednesday through Friday. During Week B, Mother shall have the child from Monday through Wednesday, and Father shall have the child from Wednesday through Friday. On May 22, 2006, the parties shall observe the Week B schedule and on May 29, 2006, the parties will observe the Week A schedule. The parties will alternate Week B and Week A schedules thereafter. C. The parties shall equally share time with the child on all holidays, including Thanksgiving, Easter, and Christmas. Father shall always have the child for a block of time on Father's Day and Mother shall always have the child for a block oftime on Mother's Day. ." D. Nothing in this agreement shall keep the parties from following a different schedule than listed herein upon mutual agreement. 4. TransDortation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time ofthe exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. No person transporting the child(ren) shall consume alcoholic beverages to the point of intoxication prior to transporting the child(ren) or be under the influence of any alcoholic beverages which would impair their ability to drive while transporting the child(ren). 5. Ongoing RelationshiD. Neither party shall attempt to undermine the mutual love and affection that the child(ren) may have for the other parent and neither parent shall, in the presence of the child(ren) make any disparaging or negative remarks concerning the other parent. Each party shall cvnfer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child(ren). 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, 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 possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this 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. 8. Bindinv Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. ,- 9. Governinl! Law. This Agreement shaU be governed and controUed by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. II. Entire Al!reement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and aU prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. OF, the parties have hereto duly executed the present Stipulation y and year first above written. ~.\ D,~J. '~_N co ) loss ) On this, the' day of , 2006, before me, the undersigned officer, personally appeared DAWN J. KLABON, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: SEAL . ' .' ,. WITNESS: \ c an Adams, Esquire .D No. 79465 6 S. Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Father am,es McCombs, III, Father COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, thed-( ~y of '--Yn~ ,2006, before me, the undersigned officer, personally appeared JAMES McCOMBS, III, known to me, (or sa i fa orily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/s e executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set ..., 0 ...... 0 = c = '1, "" -;;.. --; c' :I: "Ii ):-:\'<0 rn j= --".. ,,-' ~~{:~ wI ~"3: -. -'>'- , C) :_-) rn ....0 "-1 'D- C.] ~n -' -< JAMES McCOMBS, III Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ) V. : No. tJt,. 3D~v : IN CUSTODY Civil Term DAWN J. KLABON, Defendant ORDER AND NOW, this 1. ~ ~ day of -r v \'\ (; , 2006, having reviewed the attached agreement between the parties dated May 24,2006, it is hereby ORDERED and DECREED as follows: 1. The parties shall have joint legal custody of their son, Aiden McCombs. 2. The parties shall share physical custody of their son. 3. The Agreement dated May 24,2006, and filed May 25,2006 shall be entered as an Order of Court. \-l~\ J. cc: Jane Adams, Esquire, for father .,A)iane Klabon, Mother '\ SS :z ~,Id z- rmr 9DOl AWl ,-, '.'! ., r' ! , '"'Hl .:10 U)\,~ ir-i' L-1ri ....t . I 'Ij'...... 1).......It-.,i...." _.I 3~)1~:1O-.031!::l