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HomeMy WebLinkAbout06-5102 Plaintiff = IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA WAYNE E. FRY, v. = CIVIL ACTION. LAW : NO. 2006 - Slo1-CIVIL TERM MICHELLE L. GIBBS, Defend.nt : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by his attomeys, Irwin & Bayley, Esquires, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is WAYNE E. FRY, an adult individual residing at 24 West Big Spring ~~I.....c( Avenue, Apartment 2, Newville, Ci'lIIFl'IBe..sBl:lrg, lin County, Pennsylvania 17241. 2. The defendant is MICHELLE L. GIBBS, an adult individual residing at 259 Newville Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the parents of a minor child, namely ALEXIS L. GIBBS (born April 8, 2005). 4, The child resided with both parties from the time of her birth until their separation on January 20, 2006. Since the separation the defendant has had exclusive custody of the child. 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 any other custody proceeding concerning the child pending in a court of this Commonwealth. 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. The parties believe that the best interests and permanent welfare of the child require that the parties have joint legal custody of the child, that the defendant have primary physical custody of the child and that the plaintiff have visitation of the child in accordance with their mutual agreement as is hereinafter set forth. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and temporary custody of the child and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have joint legal custody of their minor child, ALEXIS L. GIBBS (born April 8, 2005). B. The Mother shall have primary physical custody of the child. C. The Father shall have visitation of the child at the Mother's place of residence as frequently as the parties' may mutually agree, which both parties agree shall be regular and continuous. Such visitation shall include, but not be limited to holidays, the child's birthday and Father's Day. D. Both parties understand and agree that either party may petition the Court for a modification of this arrangement without a showing of changed circumstances. E. The Father shall have reasonable telephone contact with the child while the child is in the Mother's custody. F. The Mother shall keep the Father 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 is protected. G. Neither parent shall do anything that may estrange the child from the other parent or hinder the natural development of the child's love or affection for the other parent. H. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. I. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same fonnality of the agreement of the parties. J. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the child as aforesaid without the requirement of a custody conciliation or hearing. July 7,2006 VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 . Pa.C.S.A. ~ 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. July 1 .2006 Mi July /I .2006 . . , I COMMONWEALTH OF PENNSYLVANIA: :55: COUNTY OF CUMBERLAND On this, the ---1L- day of July 2006, before me, the undersigned officer, personally appeared WAYNE E. FRY, known to me (or satisfactorily proven) to be the person whose nam,e is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set m hand and official seal. NOTARIAL SEAL HAROLD S.IIlWlN,lIl, NOTARY PUBUC :ARLlSLE BOROUGH. COUNlY Of CUUBERlAND MY COMMISSION EXPIRES OCTOBER 22, 2006 COMMONWEALTH OF PENNSYLVANIA: :55: COUNTY OF CUMBERLAND : On this, th~2 day of July, 2006, before me, the undersigned officer, personally appeared MICHELLE L. GIBBS, 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. (SEAL) otary Public J1i OF PENNSYLV, NoIIrial Sell JIIIO Adams. NolIry Public CarllIIe Boro, CumbodIIld ~ My Commlssion Expires Sept. 6. 2lJ08 t\ - ~ . - t .. ~ ~ '\ \ 0 .-' C~ ~ c;: .~ ~ "t> ri~;r -po ...; \< ~ :i:-n ~ -,. . (f) ri1p J:--""- @ 2'1 Ul -orn J\ (n'- ";)Y . OW ~:::~, {.~?i() 0 .." ':;~):2~ "<l - "" \>' 1b,.-(") .- ")> ,.- Orn \>' \' .. c ~ ? ~"-O\ <::> :z 0 ;p. .... !l ,., ()\ ~ \ \ '~F(:l7nTT7'T~) 1\ RECE'r....,r-r."T) 1 1 SEP u \) IOUo BY:_ !>y HAROLD S. IRWIN, III ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-8090 ATTORNEY FOR PLAINTIFF WAYNE E. FRY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION - LAW : NO. 2006 - 5//)2 CIVIL TERM MICHELLE L. GIBBS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this J5Jt. day ot'!il,t:2006, 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: A. The parties shall have joint legal custody of their minor child, ALEXIS L. GIBBS (born April 8, 2005). B. The Mother shall have primary physical custody of the child. C. The Father shall have visitation of the child at the Mother's place of residence as frequently as the parties' may mutually agree, which both parties agree shall be regular and continuous. Such visitation shall include, but not be limited to holidays, the child's birthday and Father's Day. D. Both parties understand and agree that either party may petition the Court for a modification of this arrangement without a showing of changed circumstances. E. The Father shall have reasonable telephone contact with the child while the child is in the Mother's custody. F u_ (-) Co") Ci- '::::J .:.:; i-..J , , F. The Mother shall keep the Father 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 is protected. G. Neither parent shall do anything that may estrange the child from the other parent or hinder the natural development of the child's love or affection for the other parent. H. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. I. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. J. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. BY THE COURT, ~ J. Cc: ~Old S. Irwin, III, Esq. ..,..Afane Adams, Esq.