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Home My WebLink About95-01394 .. c o E o '-.9 oil 7 & ~ o ,,',.'- ~ I ~ , I I , J i , I I , I -:t- I 0- f'() - c : -~;'f; '::~~~ <':'5a~- c;;i{: '. ~>t:~' '~';"d ',:,'1; 'f,_!"Ji! ~'\:t: h;-, '::.\.,. . '~I . . ' ~~~~~--~---~~~~~~~~----------~ ~ . a : IN THE COURT OF COMMON PLEAS : 8 OF CUMBERLAND COUNTY ~ t STATE OF ~,.' .. PENNA. ~ 8 ~ _ 8 ~ 8 . 8'''s;~~~~''~':''~~~~'~'''''''''''''''''''''''''''''''''' I N o. ,1?~,~..,....,,,,,, :,~~~.~,.. 1995 . ~.."..,..,..,..,.,",......,..,' "........,..',.....',..,......,'..""..,.,.. II . :..,..,....,....,.............~,e.rslls. .. ..'..'".....,..,...."..".. I ~ 8 CAROLYN ELIZABETH GORDON . 8 ,.".".,.",..,..,.".",., t i ~ ~ DECREE IN i ~ DIVORCE . ~ -- ~ ; AND NOW, .. ..'J.....\ 1.. .! ~. .... .. ..... 19.'f >.... it is ordered and ~ II decreed that.... S.'J:~VJ;:N .~....GQ~PA~........................., plaintiff, ~ ~ ~ ~ and..... . .cAROLYbI. ELIZABETH. .GORDON.. . .. .... ... . .. .. .. .. f defendant, ~ ~ are divorced from the bonds of matrimony. ~ j ~ ~ The court retains jurisdiction of the following claims which have ~ ~ been raised of record in this action for which a final order has not yet ~ ~ been entered; ~ ~ , ~ NONE g t .......... .... ..... ....... ... ............. .................. .............., t:t .......... ...... .... ... ... ...... .......... .... ...... ..... " ~ ny The ~ ~! 8 : ::'., OMj."'~d s: ~~: : ~~ ~ '~~nG1.... r~..1~..p~Olh~~otary ,. ~ ,7 '((.~j' ~ .? ., _--..-..-.......__........~ ~____~_..._______________._...______ - ______. 1M . _ _ _ ... ~"'.. ~ :s _ _ ... _ ':JICO ... 'lie' -lie' ,lOCo ,;r., 'lIe' 'lit.' <I., ,;r., '311:' ... -lIe'-'lO:' .x7:":>>~-~311:' . 7./1/.95 Cid. tbfb IVI~ -10 a:If, ~ /./If'f(' 71/iu. Ma4:/ -0 dfI - STEVEN L. GORDON IN THE' COUR!' OF C0M:10N PLEAS OF CUMBERLA,'m cotmTY, PE.'lNSYL\'ANIA NO. 1394 CIVIL 19 95 vs, CAROLYN ELIZABETH GORDON P~\ECIPE TO T~'lSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Secti.,n (jIUc~ll 3301 (c) (201(d) (1) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: 3/28/95 certified mail, restricted delivery, return receipt requested . 3. (Complete either paragraph (a) or (b) .) " (a) Date of execution of the affidavit of consent required by Section 201(c) of the Divorce Code: by the plaintiff June 26. lqqC; . . by defendant June 29, 1995 (b) (1) Date of execution of the plaintiff's affidavit required by Section 201(d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a ,copy of said notice under section 201 (d)(l)(i) of the Divorce Code. ~~~ 41~1 Attorney for (PlaIntiff) William T. Tully for ~~~) P. Richard Wagner , t , I , I , , c. ~ ...., \:..; .1 ." '- c:: .- ".,.- ';<:'. ~< '~.' ~~;'~..; ~." .~:. ~.:.:.:~ --l <..0 o "" --. ;:)i.: ~ " ~, ~ ,- 7' .( ..... Ln en - :IC ... co ::r <'.I r-- 0: ca :c ~) WI DO HI!RES't' CIEATlrV THAT THE WITHIN IS A TAUE AND COR. '\ECl copy Of THE ORIQIHAL 'UD IN THIS M:llON BY =~_.--'_ ..nun.n.'" ,. ",>- ...,!t-. -~ l.U0:J-d ~ 7. ~ .~ t.,u.{..:...... ... ',:;,.....- :":i'-:':: ::~ '" ,.: ,~.; ~~i~ ~~' ~.(;.. '" ~(,,) c; \ \ -r) \ (") ''J ~ "'J -.....;" ~ ~ ~ ~ -- . '~ -r) ........ &.. 'J ~ ............ IAIY 'Jl/.et":; ~ ~ <:> ....... "'\ l'{'\ ~ <.lw ('-... -...,Ivo "":J. ~ - a~~ 0:>- W ..J 10 Z..J ~ e ~ ~ E ~ ~ all ~ ~ !ui~d '~J:251 U Ul .. if Z a: ;: $ c{ W ..:r ~J: .' , . ~ ,MANCKE, WAGNER. HERSHEY & TUL~ Y . . i '0 'tOU"""-HlIiW''',~er'~-'ii' :aoc,,:,JIl,:.Uf'" '""'"0.... '0 fH( ...'10.... '.......1.. 1101 0"" '''"0'' .........,. HfAUlf 0fII" .I"OIIIl,....' ....'...'N,....D~'''lIl ., .- -.-- An"":;'..- . STEVEN L. GORDON, plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 15 - / 3c; It- 0 A.. {,L.: t. J<A-'W'-..J v. CAROLYN ELIZABETH GORDON, CIVIL ACTION - LAW IN DIVORCE Defendant. NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for another claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, cumberland county courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. STEVEN L. GORDON, Plaintiff, CAROLYN ELIZABETH GORDON, Defendant. CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, STEVE L. GORDON, by and through his attorneys, MANCKE, WAGNER, HERSHEY & TULLY, and files the following Complaint in Divorce: 1. The Plaintiff, STEVEN L. GORDON, is an adult individual currently residing at 111 Hope Terrace, Carlisle, cumberland County, Pennsylvania. 2. The Defendant, CAROLYN ELIZABETH GORDON, is an adult individual currently residing at 111 Hope Terrace, Carlisle, cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this Complaint. 4. Plaintiff and Defendant are husband and wife having been married on October 3, 1980, at Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. Neither plaintiff nor Defendant are members of the Armed Forces of the United states or any of its Allies. 7. plaintiff has been advised of the availability of counseling and that he has the right to request that the court require both parties to participate in counseling. 8. The plaintiff avers as gounds on which this action is based are: (a) that the marriage is irretrievably broken; (b) that Defendant has offered such indignities to the person of the plaintiff as to render the condition of the plaintiff intolerable and life burdensome; (c) that as of october 26, 1996, the parties will have lived separate and apart for a period of at least two (2) continuous years. WHEREFORE, plaintiff prays this Court to enter a Decree in Divorce. Attorney for plaintiff DATE: .:I1j.:J/":)- / / VERIFICA'TION 1 verii:v that the statements made in the foregoing document are true and correct. I understand that faJse statements berein are made subject to the penalties of 18 Pa-C.S.A. Section 4904. relating to unsworn faJsilicaticn to authorities. x:sL~. bU Date: 2 ~ 2/-'1~ vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-1394 CAROLYN ELIZABETH GORDON, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY I Please enter my appearance as Counsel of Record for the Defendant in the above captioned matter. Respectfully submitted, ~~ Arthur T. McDermott, Esq. Fifty East High Street Carlisle, PA 17013 (717) 243-7807 Dated I April 6, 1995 CCI P. Richard wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 [ l I, I, I 1 , I i I ,~ =- I ." I I":: '" 1 en , .. i , , ., .~) N I -,..1... <" ", .,..," .t: .. .-~ ,; I :.~ '. --0 I . .. :::c ! ~ h'~, - I .-:." <W:t t ...", I. vs. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I NO. 95-1394 I I IN DIVORCE STEVEN L. GORDON, Plaintiff CAROLYN ELIZABETH GORDON, Defendant 1. APFIDAVIT OF CONSBNT A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 17, 1995. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. . I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit 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 authori~!~s. " ~ Date I ~~/:L? ~r:, _ 4 b.J.:< 7 "-S~VEN L. GORDON Sworn to and subscribed before me this 02 r:, day of June, 1995. L" ';l-1'1 C " -:.::::1- ~;.~;.,.. --.I i , I I ! I I \ '-- c:: .- .:.: ,...1 .. . ~ .., . C) ---:~~, :/Y": ~:\ 1'.1';'; -'.,.. ~ ~'" W 10 N - ~ -.-. ;;i:: .-"- -.' -"'-': vs. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I NO. 95-1394 I I IN DIVORCE ~ " 11 STEVEN L. GORDON, plaintiff CAROLYN ELIZABETH GORDON, Defendant r ! ;' WAIVER OF COUNSELLING STEVEN L. GORDON, deposes and saysl 1. I have been advised of the availability of marriage counselling and understand that I may request that the Court require that my spouse and I participate in counselling. being duly sworn according to law, 2. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the Court. 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. . ~// hf2 SEVEN L. GORDON \" I ! d b d h ../ d f Sworn to an su scribe before me t is ~ ay 0 June 1995. Wd;ff$,,; . Notary 'l>ublic ,. " NOTARIAL SEAl ~PU8~lC I\' AUCl. 1M vs. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I NO. 95-1394 I I IN DIVORCE STEVEN L. GORDON, Plaintiff CAROLYN ELIZABETH GORDON, Defendant AFFIDAVIT OF CONSENT A Complaint in divorce under Section 3301(c) of the 1. Divorce Code was filed on March 17, 1995. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made, in this affidavit .,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 1'. ,}' 1'- Datel It' -~() t " Sworn, to and subscribed before me this 1995. day of June, (' . ) /' . J " ! 1 t',L&c~ )Ztl;')v' Notary! ublic ./ SHEUYD ~OTAR'AlSEAl CARLISLE BOR~~~:EOTARY PUBLIC MYCOMM/SSION RLAND COUNTY Membel, PllnnsY'van~~ES APRIL 26, 1999 DCIIt/Dn Of NOla/III '- ,.;",.: (".~.. ~ c: .... ;.r, 1./'>". . ,.... s',--:;~~: .;: .J"""''>''') ~ .,' ,,'"l .-.::: :.; ,....l .-:(~ ~J. ...'" -~ tD ~ ~- ;::z: ~ lR - "-.. "'... ;:!...~ ~(:J~'>.... ~~~.:.; ....0'"',.... &..... :r.o~.... ?~~:-; , .......f~' , ..JV'I "/t-.- ;7! .:'.it.i.;C """t,'I.UW /- .::t:.Q.. "" C;~l ::II:: ""Or ti: 0') 0'. ....., "" ~ . . ,""". '. - . '~'.-;--- f~;' . LAW OPPlCES SAIDIS, GUIDO, SHUFF'" MASLAND . :~ W"HIOH STRBBT - CARUSLB. PENNA, 17013 PHONB (717) 243-6222 ~ov . CERTtFIED COPY: 1 4: 1997 .~ -- .: ,/ _~,'.';'''1:;.;.'<"",".~~le",>J!...-\~..."J~'-'--- - -~ . -~-~---'!'==~~f7;- --- '. .. r ..... , . - . ~.~ CAROLYN E. MCCLURE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY v. CIVIL ACTION - LAW STEVEN L. GORDON, NUMBER 95-1394 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, this r, day of November, 1997, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Herbert Gilroy, the conciliator, at 4 North Hanover Street, Carlisle, PA 17013 on the 20th day of November, 1997, at 8:30 a.m., 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. FOR THE COURT, SAID1S. GUIDO, SHUFF & MASLAND 26 W, HiSh SII<e. Carli,Ie,PA The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator One Courthouse Square Carlisle, PA 17013 (717) 240-6200 SAlOIS, GUIDO, SHUFF & MASLAND 26 W, HiSh S.rcc. Carll,le, PA CAROLYN E. MCCLURE, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NUMBER 95-1394 CIVIL TERM IN CUSTODY v. STEVEN L. GORDON, Defendant COUNTER PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Plaintiff, Carolyn E. McClure, by and through her attorneys, Saidis, Guido, Shuff & Masland, respectfully refers the following: 1. Plaintiff is Carolyn E. McClure, an adult individual, residing at 1359 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, is Steven L. Gordon, an adult individual, residing at 486 Middle Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of three minor children: Elizabeth D. Gordon, date of birth January 18, 1983; Ryan S. Gordon, date of birth, June 26, 1984; and Drew R. Gordon, date of birth, June 8, 1988. 4. The parties have previously entered into an agreed Order for custody of the children, dated March 18, 1996; said copy of Order is attached and made a part hereof marked as Exhibit "A". 5. The order, the parties had a two-week on, two-week off schedule of alternating physical custody of the children during (') :3 0 c..: ." ~::. ~~ ::;\ "'l1i-' 1 ~ :~:~ ll11'o' ,-t:: ~'~ ~.~ - .~ ~',!-~;:: r..; r:.l:") '." :r.~ :f;~~ :;1: gel ..,el 'P. 01'<' rC, -. 7' ~. :Jl ?Ol .C) I.,) -.: -" ~--~~----------~----~~~~~----~ ~ l' ,. . : IN THE COURT OF COMMON PLEAS : 8 OF CUMBERLAND COUNTY $ ~ '* . 8 STATE OF "',' .' PENNA. ~ ~ ,\- . ~ . . ~ . ,..........,....,.'..',..."........'H..H'..'....',......".......,...., II i _ H..STEVEN..L....,GORDON,.....,.,..........,.........,.......".. II No. ,P,H............ ,~J.YJ~..19 95 ~ ~ Versus II . ;~~~~~~~;;.;;~,.. ~~~~~ II I ~ DECREE IN ~ ~ DIVORCE ~ @ ~ ~ ~ I AND NOW, ......... .. .. .. .. ....... "". 19......, It is ordered and !:! _ decreed that .. .l>.'r:~Yf:~ .J;.~..q9~P~~........................... plaintiff, i ~ and "'" ,CA~O~~l>J. J;:~Ul\nl';'l'~. HQ~PP.l'!.. .. .. .. .. .. . .. . .. . .. .. defendant, ~ ~ are divorced from the bonds of matrimony. ~ ~ ~ ~ The court retains jurisdiction of the following claims which have i ~ been raised of record in this action for which a final order has not yet ~. 8 been entered; III , ~ ~ , , . . . , . . . . . . . , . . . . . , . . . . . , ,~9~~, . , . . . , . . , . , . . . , . . . . . . . . . . , . . . . . . . . . . . . . . . . . g , 8 $ ,............,. ...'. .............,. """'" ...... ...,...,...,............. , ~ ~ ~ 8y The Court: g II ........................................,........... ...."", ..,.."" ,., ~ ~ ".. . .............. ~ Ailed: J. 8 I ...... . '..P~Olh;~~i'.'~y".. 8 R~____~_~___________~_~_~~___J SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT Made this 1995 by and between Carolyn It! day of f111J--L./ , Blizabeth Gordon, of ~umber1and County, (hereinafter referred to as Wife) and Steven L. Gordon, of Cumberland County, (hereinafter referred to as Husband)~ WITNESSETH I WHEREAS, the parties hereto were married on October 3, 1981 in Cumberland County, have been and are Husband and Wife~ and as a result of this union, three children were born to wit I Elizabeth D. Gordon, born January 18, 1983~ Ryan S. Gordon, born June 26, 1984, and Drew R. Gordon born, June 9, 1988, hereafter referred to as the "children". WHEREAS , diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification~ the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, settling of all matters between them relating to the past, present and future support and/or maintenance of the wife, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound, hereby covenant and agree as follows: 1. AGREEMENT NOT A BAR 'ro DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of WIFE or HUSBAND to a limited or absolute divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to the date hereof. The parties intend to secure a mutual consent divorce. 2. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. 4. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party as such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. S. INTERFERENCE I Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 6. WIFE'S DEBTS: WIFE represents and warrants to HUSBAND that since the separation she has not and in the future she will not contract or incur any debt or liability for which HUSBAND or his estate might be responsible and shall indemnify and save harmless HUSBAND from any and all claims or demands made against him by reasons of debts or obligations incurred by her. 7 . HUSBAND'S DEBTS I HUSBAND represents and warrants to WIFE that since the separation he has not and in the future he will not contract or incur any debt or liability for which WIFE or her estate might be responsible and shall indemnify and save harmless WIFE from any and all claims or demands made against her by reason of debts or obligations incurred by him. 8. MUTUAL RELEASE I Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except any or all causes of action from breach of any provisions of this Agreement. 9. REAL PROPERTY I The marital home is at 111 Hope Terrace, Cumberland County, Carlisle, PA. The property is currently listed to be sold. Once said property has been sold the proceeds will be divided equally between the parties. 10. DIVISION OF PERSONAL PROPERTY I (a) The parties have heretofore divided their personal property to their mutual satisfaction. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE respectively, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. All items of personal property shall be divided between the parties as provided herein: (b) Personal Effects: All items of personal effects such as, but not limited tOI jewelry, luggage, sports equipment, hobby collections and books, but not including furniture or any property, personal or otherwise specifically disposed of pursuant to this agreement, shall become the absolute and sole property of that party who has had the principal use thereof or to whom the property was given or for whom it was purchased, and each party hereby surrenders any interest he or she may have in any such tangible personal property of the other. (c) Husband shall have the washing machine, the TV and the rocking chair. (d) Intangible Personal Property (other than Life Insurance): All stocks, bonds, cash, and sums on deposit in checking and saving accounts (owned by either or both parties) have been or will be divided to the mutual satisfaction of the parties. (e) The 1993 Buick shall become the property of the Wife and Wife shall be responsible for the payments thereon. The 1991 Ford XLT shall be the property of the Husband who shall be responsible for the payments thereon. (f) Furniture and other Tangible Property: All furniture and other tangible personal property not disposed of pursuant to other paragraphs of this agreement shall be the property of the Wife. (g) Debts: The Husband shall be responsible for all existing joint debts and liabilities incurred by the parties prior to their separation except as otherwise provided herein. The Husband shall also be responsible for all existing debts and liabilities incurred in his own name prior to the separation. The Wife shall be responsible for all existing debts and liabilities incurred in her own name prior to the separation. (h) The parties further agree that neither will incur any future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereon. (i) Property of the children shall be given to the party having custody of the child. 11. AFTER ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respect and for all purposes, as though he or she were unmarried. 12. CUSTODY: Physical custody of the minor child, Elizabeth D. Gordon, born January 18, 1983 shall be with the WIFE. Physical custody of the minor childre.n, Ryan S. Gordon, born June 26, 1984 and Drew R. Gordon, born June 9, 1988 shall be with the HUSBAND. Visitation shall be as agreed upon by the parties. 13. COUNSEL FEES: Each party shall pay his or her counsel fees and expenses. 14. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the reqnest of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 15. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at hiB or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. VOID CLAUSES I If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this agreement shall be valid and continue in full force, effect and operation. 17. DESCRIPTIVE HEADINGS I The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 18. INDEPENDENT SEPARATE COVENANTS I It iB specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 19. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonable required to give full force and effect to the provisions of this Agreement. 20. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980. 21. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 22. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 24. WAIVER OF RIGHTS: The parties hereto have been informed of their rights or have been advised to seek counsel to .. . . .. . 24. WAIVER OF RIGHTS r The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, Act of April 2, 1980, Number 1980-26, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. 25. EXECUTION OF DOCUMENTS: Both parties hereby agree to execute any documents required to implement this Agreement. 26. FINANCIAL DISCLOSUREr The parties confirm that they have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first P. aro E. Gordon \~j. 6Q even L. Gordon .' . ... .. . STIPULATION AND AGRBBHBNT POR CUSTODY AND PARTIAL CUSTODY COMES NOW, CAROLYN ELIZABETH GORDON, by and through her attorney, Arthur T. McDermott, Esquire, and STEVEN L. GORDON, by and through his attorney, P. Richard Wagner, Esquire, and do stipulate and agree upon the following: 1. Carolyn Elizabeth Gordon and Steven L. Gordon are the natural parents of three minor children, Elizabeth D. Gordon, born, January 18, 1983, Ryan S. Gordon, born June 26, 1984, and Drew R. Gordon, born June 9, 1988. 2. Primary custody of the minor child, Elizabeth D. Gordon, shall be placed in the mother, Carolyn Elizabeth Gordon. 3. primary custody of the minor children, Ryan S. Gordon and Drew R. Gordon, shall be placed in the father, Steven L. Gordon. 4. The parties shall have shared legal custody of the minor children, Elizabeth D. Gordon, Ryan S. Gordon and Drew R. Gordon. 5. The father Steven L. Gordon, shall have certain rights of partial custody of the minor child, Elizabeth D. Gordon. Periods of partial custody shall be as the parties reasonably agree. 6 . The mother, Elizabeth D. Gordon, shall have certain rights of partial custody of the minor children, Ryan S. Gordon and Drew R. Gordon. Partial custody of the minor children shall be as the parties reasonably agree. .~ .. . . I. . 7. Father shall have partial custody of the minor children on Father's Day. Mother shall have custody of the minor children on Mother's Day. 8. Father and Mother shall have partial custody of the minor children on alternating holidays to be agreed upon by the parties. 9. Father and Mother shall have partial custody of the minor children on each birthday to be agreed upon by the parties. 10. Father and Mother shall have partial custody of the minor children at other times as may be mutually agreed upon between the parties. 11. Father and Mother shall not unreasonably withhold rights of visitation or temporary custody. 12. Father shall be responsible for transportation arrangements to and from partial custody unless otherwise mutually agreed upon by the parties. 13. The parties agree and anticipate that this Agreement for Custody and Visitation may be entered as an Order of Court in the Court of Common Pleas of Cumberland County, Pennsylvania. 14. The parties do hereby stipulate and agree that they waive their respective rights to be present in court at the time an order is made pursuant to this Agreement for Custody and visitation. , C") t.":) () ~ c\ 'TJ ri?,:i; " ::J ~- -"j-fl n_-' -?':t; < "titj ~: ~.-C- '" -,., , .(Jr.-:: t\.) :U r::c' ':;>6 J ., :?:: ;;;J '::0 ;><-31 ~~(J - ''''c') -., ... <;? 6rtl ..:.",,: III ~ - S! -< (.;1 ::0 -- ~ ..... ..... ..... " '" , . -.- CAROLYN E. MCCLURE (formerly GORDON), plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I NO. 95-1394 I CIVIL ACTION - LAW I I IN CUSTODY v. STEVEN L. GORDON Defendant ORDER OF COURT AND NOW, this .::d::Lh. day of February, 1996, upon consideration of the attached Complaint, it is hereby directed their respective counsel appear before I I ...~ 4/h ffo", (......p. <). . , Esquire, the conciliator, on the (o-v11-o~' that the parties and \~ b I-r;-- 'f.-. 6-. \ (1J( '61 h day of , 1996, at s:: 30 -'l.m. for a t'-Ittl (Lh 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. FOR THE COURT, --h"~~ ' ~J;~ Custody Co ,.~. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CENTRAL PENNSYLVANIA LEGAL SERVICES North Carlisle Street New Bloomfield, PA 17068 Telephone I (717) 582-2171 ~'~i .'~':. ;., 'j,'j '. ...,~ J. f v. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I NO. 95-1394 I CIVIL ACTION - LAW I I IN CUSTODY CAROLYN E. MCCLURE (formerly GORDON), Plaintiff STEVEN L. GORDON Defendant COMPLAJ:1l'1' FOR CUSTODY COMES NOW, Plaintiff CAROLYN E. MCCOY, by and through her attorney, Arthur T. McDermott, Esquire and aver as followsl 1. Plaintiff is CAROLYN E. MCCOY, residing at 1359 Creek Road, Cumberland County, Pennsylvania 17013. 2. Defendant is STEVEN L. GORDON, residing at 103 Parsonage Street, Newville, PA 17241. 3. Plaintiff seeks partial physical custody and shared legal custody of the following children I Name Present Residence Ryan S. Gordon, 103 Parsonage Street, Newville, PA 17241 Age 6/26/84 Elizabeth D. Gordon 103 Parsonage Street, Newville, PA 17241 1/18/83 Drew R. Gordon 103 Parsonage Street, Newville, PA 17241 The children were born in wedlock. 6/8/88 The children are presently in the custody of Steven L. Gordon (father), who resides at 103 Parsonage Street, Newville, PA 17241. 4. The mother of the children is Carolyn E. McCoy, currently residing at 1359 Creek Road, Carlisle, PA 17013. 5. The father of the children is Steven L. Gordon. 6. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides at 1359 Creek Road, Carlisle, PA 17013. 7. Plaintiff has not participated as a party or in another capacity, in other litigation concerning the custody of the children in this or another court. 8. The best interests and permanent welfare of the children will be served by granting the relief requested because the Plaintiff can maintain parental contact and provide guidance and moral support. 9. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant partial physical custody and shared legal custody of the children to Plaintiff. ~-aQ Arthur T. - D.~'- 50 East High Street Carlisle, Pennsylvania (717) 243-7807 Attorney for Plaintiff ~ 17013 VERIFICATION OF PLEADINGS I verify that the statements made in this document 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. Date :2/..r If4- I ( 6. ~(l . 'ttt,~ MCCOY " '-. n .') (") ~ ~ Co" "T1 '"":""1'-::'1 -.., =J ~ ~}0.! .." -..J ,:i;IJ .~. . , . -,h; /:".. I \ =;;-:'.' C'. .,,,0 !:.: ~:; , ' \ ., ;0:,. :::j~ ~ ~ !"....... ~ .~)~ t;:..-.. ~ :--rJ ~ [5 >(:': ~ ~ . -.;. :nJ ... 01 ~ OoJ ::::. -, "oJ -<; . /1;1': 'I .' "...,~.,j , .11.' ; I~"- "J . "'1-' , CAROLYN E. MCCLURE, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . CIVIL ACTION - LAW . : STEVEN L. GORDON, : NO. 95-1394 CIVIL TERM Defendant . . . CIVIL ACTION - CUSTODY . AND NOW, this j 1jh day of consideration of the attached C stoay ordered and directed as follows: , 1996, upon iliation Report, it is 1. The Mother, Carolyn E. McClure, and the Father, Steven L. Gordon, shall enjoy shared legal custody of Ryan S. Gordon, born June 26, 1984, Elizabeth D. Gordon, born January 18, 1983, and Drew R. Gordon, born June 8, 1988. 2. Physical custody shall be handled as follows: A. During the school year, Father shall enjoy primary physical custody of the minor children. During that time, Mother shall enjoy temporary custody on alternating weekends from Friday at approximately 5:30 p.m. until Sunday at 7:00 p.m. Additionally, Mother shall have temporary custody every Wednesday evening from 5: 00 p.m. until 9:00 p.m. B. During the summer months, the parties shall alternate physical custody on a two-week-on, two-week-off basis. This alternating schedule shall start the Friday evening after school ends. 3. The Christmas holiday shall be handled such that the parties alternate Christmas under the following schedule: from December 24th at noon until December 25th at noon, and from December 25th at noon until December 26th at noon. Starting 1996, the Mother shall have the first portion of the Christmas holiday, with the Father enjoying the second, and the parties alternating thereafter. 4. The parties shall also alternate the following holidays: Labor Day, Thanksgiving, New Year's Day, Easter and Memorial Day. The time frame shall be from 9:00 a.m. until 5:00 p.m. This alternating schedule shall commence with the Mother . having custody on Easter and the parties alternating thereafter. 5. The Mother shall always have custody on Mother's Day from 9:00 a .m. until 5 :00 p.m., and the Father shall always have custody on Father's Day from 9:00 a.m. until 5:00 p.m. This provision shall supersede any other custody arrangement under this Order. 6. For the children's birthdays, the non-custodial parent shall be afforded a time frame to celebrate the children's birthday for a period of at least four hours either on the child's birthday or on the day .immediately before or immediately following the birthday. At that time, all three children shall be delivered to the non-custodial parent. 7. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. If the parties desire to modify this agreement between themselves, they may do so with the agreement of both parties. In the event the parties become dissatisfied with this custody arrangement and are unable to reach an agreement on modification of the arrangement, either party may petition the court to have the case again scheduled for a conference with the Custody Conciliator. BY THE COURT, cc: Arthur T. McDermott, Esquire P. Richard Wagner, Esquire ~ rr......~.t. '3/1 ~ J 'lb. .>S. f . (-. ~~: .., ,., . " '. . co , " '1 ,"'1 r- r~' U :~~ ,:;:j ;0 jrn "l ~J. OJ , .- ..". " " ,;.. {..l ~,., w ~ C') '- c.:; C": t__ '-,' ~:: .', ,.:; , - U.l~) ~ ", -:'- . ~}(. -- ~< :-.' ,-,-. "'-. 11_.1 ,',J 0':' . "..~ L.~ '. -> .'.. (.-, --.' ..d' , ;.-~! I I c' I: :1 ,... I. !~ j: w .. r- ::; (;, 0" U CAROLYN E. MCCLURE, Plaintiff v :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW . . STEVEN L. GORDON, Defendant :NO: 95-1394 CIVIL 'l'ERM : IN CUSTODY Prior Judge: George E. Hoffer CONCILIA'l'ION CONFE:RE:NCE: SUMMARY REPOR'l' IN ACCORDANCE WITH 'l'HE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Ryan S. Gordon, born June 26, 1984; Elizabeth D. Gordon, born January 18, 1983, and Drew R. Gordon, born June 8, 1988. 2. A Conciliation Conference was held on November 20, 1997, with the following individuals in attendance: The Mother, Carolyn E. McClure, with her counsel, Johnna J. Deily, Esquire, and the Father, Steven L. Gordon, with his counsel, Sally J. Winder, Esquire. 3. There is an existing Order from March of 1996 which gives the Father primary custody of the minor children during the school year and the parties alternating custody in the summer on a two-week basis. Father filed a petition to modify the existing Order to change the summer arrangement to al ternating custody on a one week basis and also requesting some minor modifications with respect to the Wednesday night visitation, Christmas holiday, and prohibition with respect to drinking while the mother has custody of the children. In response, Mother petitions the Court to modify the Custody Order and requesting that the shared custody arrangement during the summertime also be extended to the school year so that, essentially, there would be a 50150 shared custody arrangement during the entire year. The parties are unable to reach an agreement and a hearing is necessary. A hearing should take no more than one day. 4. 'l'he Conciliator recommends an Order in the form as attached. l,(201 liry DA'l'E . . . ':~'<.. . ''';','11 . ". LAW OPPlCSS SAlDIS,.GUIDQ. SHUFF '" MASLAND 26 W. HIOH STREI!T 2109 MARKIlT STREI!T CARUSLI!, PA 17013 CAMP HILL, PA 17011 PHONB (717) 243:627 '.. PHONE (717) 737-3405 ~p~ d"-' CBRTIPIED COPY, .~ i .................(;.;,0.",..'. .....11 f nr~ '--~~'~~''''''''''''''''''tl. _.~ /, '. . . . ,. , \ r" r _...~. - . - ...... .... , ~- ... CAROLYN E. MCCLURE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1394 Civil STEVEN L. GORDON, Defendant CIVIL ACTION - LAW IN CUSTODY PRE-HEARrNG MEMORANDUM OF PLArNTrFF I . FACTUAL/PROCEDURAL HrSTORY The Plaintiff is Carolyn E. McClure, the mother of three children, Elizabeth D. Gordon, d.o.b. 1/18/83, Ryan S. Gordon d.o.b. 6/26/84, Drew R. Gordon, d.o.b. 6/8/88. The Defendant is the father of these children. An Order dated March 18, 1996, provides that father should have primary custody during the school year, with mother enjoying temporary custody on alternating weekends from Friday at 5:30 p.m. until Sunday at 7:00 p.m. and each Wednesday evening from 5:00 p.m. until 9:00 p.m. During the summer months, the parties shall alternate physical custody on a two week on and two week off basis. Father filed a Petition for Modification requesting that the summer months would alter on a week-on week-off basis. Mother SAIDIS, GUIDO, SHUFF & MASLAND 26 W, HiSh 5"""1 Carlisle. PA filed a counterpetition asking the Court to order that the shared custody situation continue throughout the school year as well. Circumstances have changed that would permit a shared custody situation, as the parties now reside in the same school district, and the children have expressed wishes that they spend more time with their mother. -, II . WITNESSES The plaintiff intends to call the following witnesses: 1. The Plaintiff. 2. Don Kaiser. the building manager of the Plaintiff to testify about her credibility as a parent. 3. Nancy Stockley, supervisor, at Plaintiff I s place of employment to testify about her creditability as an employee. 4. Ed McClure, Plaintiff's father. 5. Rebecca Fry, Plaintiff's sister. 6. The children, Elizabeth, Ryan. and Drew who want to express their wishes to spend equal time with mother and father. III. PROPOSED RESOLUTION OF THE CASE It is proposed that the parties share both legal and physical custody of the children, on a two week on, two week off alternating basis throughout the enti.re year. Respectfully submitted, SAIDIS, SHUFF & MAS LAND Date: eJ.3-9t:? ohnn . Deily, Esquire 26 W. High Street Carlisle, PA 17013 (717) 243-6222 Attorney for the Plaintiff SAID IS, GUIDO. SHUFF & MASLAND 26 W, Hlah Stnel eMU,Ie, PA . SALLY J. WINDER Allorney 01 Law 701 E. KING STREET SHIPPENSBURG, PA 172$7 TELEPHONE (717) '32.9476 FAX (717) '32.3713 January 30, 1998 THE HONORABLE GEORGE E. HOFFER CUMBERLAND COUNTY COURTHOUSE 1 S HANOVER STREET CARLISLE PA 17013 RE: MC CLURE v GORDON NO. 95 - 1394 CIVIL TERM Dear Judge Hoffer: Enclosed is the Defendant's, Steven L. Gordon's, Memorandum for the custody hearing scheduled February II, 1998, at 01:30 o'clock P.M. Very t Iy yours, 1)J,~ SJW/ah-m xc: Johnna J. Deily, Esq. Enclosure .. . CAROLYN E. MC CLURE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VI CIVIL ACTION . LAW NUMBER: 95 - 1394 CIVIL TERM STEVEN L. GORDON, IN CUSTODY Defendant MEMORANDUM OF STEVEN L. GORDON I. HISTORY OF CUSTODY. The parties, STEVEN L. GORDON and CAROLYN E. MC CLURE, are parents of three children, RYAN S. GORDON, born June 26. 1984, ELIZABETH D. GORDON, born January 18, 1983, and DREW R. GORDON, born June 08, 1988. Father has primary physical custody of the children under Court Order dated March 18, 1996. Father is remarried and he and his current wife live together with six (06) children at 486 Middle Road, Newville, PeMSylvania. Mother visits with the children on alternating weekends according to the schedule and on Wednesday evenings. Mother is currently employed full-time. She lives near Plainfield. Drew attends Mifflin Elementary School. The older children are in Middle School and High School. The children have been good students with the guidance and assistance of their father and step- mother. They participate in class and are the recipients of various awards at school. Mother has consistently exhibited an alcohol abuse problem which she currently denies. Father filed the Petition for Modification of the 1996 Order in order to modifY the summer schedule which was included in the 1996 Order at the behest of the Conciliator. Father has also requested modification with respect to the Wednesday evening visitations to insure that the children have completed homework assignments and things necessary for school on Thursday. Mother has not, in the past, participated in the childrens' school work or actively required that school homework and projects be completed by the children in a timely manner. There is also a request for a modification with respect to the Christmas holiday so that the children can spend time with their step-brother and sisters, II. ISSUES CURRENTLY BEFORE THE COIJRT. Mother has been unreasonable in attempting to take into the account the childrens' activities in school work in the exercise of visitation during the school year in the past. She has not provided for, or accommodated, the childrens' activities and participation in sports or community programs for the children. There has been instances prior to the scheduling of the hearing of February II, 1998, that mother has been intoxicated and displaying behavior which is not appropriate around the children, screaming and ridiculing the children as well as causing them and father embarrassment and humiliation in the community. Father's children and step-mother's children have become good friends. It is the desire of father and the children to modifY the summer schedule such that all of the children will be together with father and step-mother to participate in family activities during the summer. Mother's suggestion of an alternating two week schedule throughout the year with a shared custody arrangement is not reasonable, Mother's alcohol abuse prevents her from concentrating on the needs and welfare of the children. She has, in the past. regularly left the children with the paternal grandparents on her weekend of visitation so that she and her boyfriend could go party. Mother often has left the boys at home by themselves and unsupervised while she is off running around the mall and shopping with the daughter. The children do not have any desire to live with the mother on a shared custody basis. The boys must sleep on the sofa 'when they visit mother, Mother does not have the physical accommodations for the children to live 2 with her on a shared custody basis. The youngest child, Drew, is attending Mimin Elementary School, which would require mother to transport him from Plainfield to Mimin Elementary School each and every day. The older children are involved in sports in the community and activities at school. Mother's working hours would not allow for the children to participate in these activities. Mother, in the past. has not appeared to be willing to make arrangements to accommodate activities for the children. Therefore, if the children were with the mother on a shared custody basis, they would not excel in school and sports activities, This would be detrimental to the children and to their current schedule and sense of well-being. m. WITNESSES. 1. STEVEN GORDON, 486 Middle Road, Newville, PeMsylvania. 2, CHERI GORDON, 486 Middle Road, Newville, Pennsylvania. The father and step-mother will testifY to the character and behavior of the mother with respect to the children and the well-being of the children in their care. They will testifY to various incidents and behaviors by mother which would be detrimental to the children in a shared custody arrangement. 3. MICHAEL CLIFFORD, 326 Bobcat Road, Newville, PeMsylvania. Mr Clifford will testifY to the behavior of the mother and her boyfriend toward the children and father during an incident at a softball game where Carolyn and her boyfriend were intoxicated, screaming and causing embarrassment for the children and their father. 4, JODY SMITH, 2256 Ritner Highway, Shippensburg, PeMsylvania. She is Cheri Gordon's sister and has been at the house when the mother has been drinking and appeared to attempt to pick up the children when she was also kicking the door and screaming in a drunken manner; clearly not coherent or capable of taking care of children. 3 f \ ~ l> "::::-- \)I bo- o oC\ 'b~ , . \/:\r'/'''/'I'''I' ~ \o..,,>,'ll 1'':','.I~'''d )J.NnO:J C' i'i'i=2i'~n:) II :5 :IV Z I 83.:1 86 I~\J'""., ,_, . .. ilO,.;.v"U,I.'I.::u ~;Il "0' =O!:f:!Q-(j31/j - . ..... ~ ,.... ~ '"', C'; n '. ~~ ~ ;:)- r.)'" "Y: u::" "- ." ~f (~~~ -'1" :.:--s:! N "',/(f) Cl:::'" tb ;,;,J;== if.:: 1,~oL.'" ;11iJ & C;'j ..Q,; ,..... :3 O'l u " ~. SALLY J. WINDER Allorne,al Law 701 E. King SlrC'C'l ShirrendlllrlE. PA In~7 sr:o 'J 6 1997 ~ I I , i CAROLYN E. MC CLURE, i I IN THE COURT OF COMMON PLEAS OF CUMBERLANPCOUNTY PlaintilT il II , II II II STEVEN L. GORDON, I, , t i Defendant (' i! i I ! VI CIVIL ACTION - LAW NUMBER: 95 - 1394 CIVIL TERM IN CUSTODY ORDER OF COURT i AND NOW, -9 I ~D .1997. upon consideration of the attached Complaint i for Modification of Custody Order, it is hereby directed that the parties and their respective I counsel appear before .}4vbl.>\* '/... h;lrf',~ the Conciliator. at ,\"e 41~ Floor I , etr.bcn.e.. \\to", C\mr~, IOr-,N C~J)I-t CC\.X"'-thD...)s, e... . on the I I .)C) day of \~~r. 1997, at 'K: ~O g,.m" for a Pre-Hearing Custody ! i Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this I , , 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 pennanent Order, For the Court, By: ~~, \ O.,.QA -l A.~~~ , Custody Conciliator (-n:>, I .. . i YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT I HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE I OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ,I !i i OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 Ii 5, Defendant believes and therefore avers that Plaintiff, despite inpatient treatment. , continues to abuse alcohol and is not capable from refraining from abusing alcohol while exercising I partial custody and visitation with the minor children, This alcohol abuse has caused Plaintiff to :i leave the children by themselves, to take the children to places and events which are inappropriate ., for the children, and to have the children in the car while she is driving under the influence and not capable ofsafe driving, all causing a serious risk of harm to the children, , :i 6, Mother has exhibited such behavior during summer visitation and at times of " : i alternating weekend visitation under the existing Order. !! ,; ;j I 7, Based upon the foregoing, father, STEVEN L. GORDON, requests that the l! March IS, 1996, Custody Order be modified to provide that during the months of June, July, and August, commencing with the mother's first regular weekend of alternating visitation which follow the last day of school, the parties shall alternate physical custody on a weekly basis, The l: alternating week shall stop with the mother's regularly scheduled alternating weekend preceeding the first day of school in August of each year, , I :i S, The children are involved in school activities and required to complete assignments for school during the week, including Wednesday evenings. Therefore, father re- I! quests that the Wednesday evening visitation provided for in the March IS, 1996, Custody Order i I be modified such that mother would have temporary custody on Wednesday evenings from 5:00 I i. o'clock P.M, untilS:OO o'clock P.M.. and insure that the children have completed any homework II :' assignments which are necessary to be completed for school on the following Thursday morning. I I' 9. Father further requests that mother refrain from consuming any alcohol while she is exercising partial custody of the children at any time, and that she not begin any period of partial custody or visitation if she exhibits, in father's opinion, any signs of having consumed alcohol within a reasonably short period of time prior to picking up the children, 2 :1 !i :1 !I VERIFICATION [ verilY that the statements made in the foregoing Petition are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, e.s. Section 4904, relating to unsworn falsification to authorities, i' :1 Date: I .. t ). ,~' -",' ,\, STEVEN L. GORDON c-Q [i " I: 4 I l- I l ' "i' . ,\Ii" J '\:' ~ if CAROLYN E. MCCLURE, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-1394 CIVIL TERM . . : v. . . . . STEVEN L. GORDON, Defendant : : : CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this 18-u... day of 'rYJMd... consideration of the attached Custody Conciliation ordered and directed as follows: , 1996, upon Report, it is 1. The Mother, Carolyn E. McClure, and the Father, Steven L. Gordon, shall enjoy shared legal custody of Ryan S. Gordon, born June 26, 1984, Elizabeth D. Gordon, born January 18, 1983, and Drew R. Gordon, born June 8, 1988. 2. Physical custody shall be handled as follows: A. During the school year, Father shall enjoy primary physical custody of the minor children. During that time, Mother shall enjoy temporary custody on alternating weekends from Friday at approximately 5:30 p.m. until Sunday at 7:00 p.m. Additionally, Mother shall have temporary custody every Wednesday evening from 5:00 p.m. until 9:00 p.m. B. During the summer months, the parties shall alternate physical custody on a two-week-on, two-week-off basis. This alternating schedule shall start the Friday evening after school ends. 3. The Christmas holiday shall be handled such that the parties alternate Christmas under the following schedule: from December 24th at noon until December 25th at noon, and from December 25th at noon until December 26th at noon. Starting 1996, the Mother shall have the first portion of the Christmas holiday, with the Father enjoying the second, and the parties alternating thereafter. 4. The parties shall also al ternate the following holidays: Labor Day, Thanksgiving, New Year's Day, Easter and Memorial Day. The time frame shall be from 9:00 a.m. until 5:00 p.m. This al ternating schedule shall commence wi t.lt the Mother CJth: b;~ CA- ..-...-......,.. CAROLYN E. MCCLURE, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . CIVIL ACTION - LAW . . . STEVEN L. GORDON, : NO. 95-1394 CIVIL TERM Defendant . . . CIVIL ACTION - CUSTODY . CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(bj, the undersigned Custody Conciliator submits the following report: 1. The information pertaining to the children who are subject of this litigation is as follows: Ryan S. Gordon, born June 26, 1984 Elizabeth D. Gordon, born January 18, 1983 Drew R. Gordon, born June 8, 1988 2. A Conciliation Conference was held on March 8, 1996, with the following individuals in attendance: The Mother, Carolyn E. McClure, with her attorney, Arthur '1'. McDermott, Esquire, and the Father, steven L. Gordon, with his attorney, Richard Wagner, Esquire. 3. The parties agreed to the entr.y of an Order in the form as attached. ~/ /:J./ qy Date Hubert x. Gilroy, E Custody Conciliato J, '.- II I I CAROLYN E. MC CLURE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VI CIVIL ACTION - LAW NUMBER: 95 - 1394 CIVIL TERM STEVEN L. GORDON, IN CUSTODY Defendant ! . h ORDER OF COURT i' AND NOW. I_~ "" off..""". 199~ 0'00 00"';""".10. ...-" of"" parties, it is ORDERED AND D1RECTJi:D as follows: I. The Order of March 18, 1996 is hereby vacated. 2. The mother, CAROLYN E. MC CLURE, and the father, STEVEN L. GORDON, shall enjoy shared legal custody of RYAN S. GORDON, born June 26, 1984, ELIZABETH D. GORDON, born January 18, 1983, and DREW R. GORDON, born June 08, 1988. 3. Father, STEVEN L. GORDON, shall continue to exercise primary physical and residential custody of the minor children, RYAN S. GORDON, ELIZABETH D. GORDON, and DREW R. GORDON. II 4. Mother, CAROLYN E. MC CLURE, shall enjoy temporary custody on alternating weekends from Friday at approximately 05:30 o'clock P.M. until Sunday at 07:00 o'clock P,M, Additionally, mother shall have temporary custody on every Wednesday evening from 05:00 o'clock P.M. until 08:00 o'clock P.M, and insure that the children have completed any homework assignments which are necessary to be completed for school on the following I Thursday morning, II I 5. Mother shall enjoy temporary custody of the minor children during the summer months of June, July, and August, commencing with the mother's first regular weekend of alternating visitation following the last day of school, on an alternating weekly basis, Mother shall therefore enjoy temporary custody of the children beginning on Friday evening of the regular alternating weekend following the last day of school for the period of a week until the following Friday evening, This alternating week summer schedule shall cease and the regular alternating weekend schedule resume with the mother's regularly scheduled alternating weekend last preceding the first day of school in August of each year. 6. The Christmas holiday shall be shared each year such that mother shall have temporary custody of the children from 04:00 o'clock P.M. on Christmas Eve until 08:00 o'clock A.M. on Christmas Day when mother shall return the children to father's residence. 7, The parties shall also alternate the following holidays: Labor Day, Thanksgiving, New Years Day, Easter, and Memorial Day. The time on each holiday shall be from 09:00 o'clock A.M, until 05:00 o'clock PM, 8. The mother shall always have custody on Mother's Day from 09:00 o'clock A.M. until 05:00 o'clock P.M" and the father shall always have custody on Father's Day from 09:00 o'clock A.M. until 05:00 o'clock PM, This provision shall supersede any other portion of this Order. By the Court. J. . CAROLYN E. NAUMAN PLAINTIFF V, STEVEN L. GORDON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-1394 CIVIL ACTION LAW IN CUSTODY ORDER OF COllRT AND NOW, Thursday. May 17, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X, Gilroy. Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse. Carlisle on Thursday, June 21, 2001 at 8:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disp~te; 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 b'1'Ounds for entry of a temporary or permanent order, The court hereby directs the parties to furnish any and all cxlstlng ProtectIon from Abusc orders. Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearIng. FOR THE COURT, By: 1.1 Hilbert X. GilrQ)1. Esqb9 Custody Conciliator The Court of Common Pleas ofCumbcrland County is rcquircd by law to comply with the Americans with Disabilitcs 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 before the court, You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOURA'nORNEY AT ONCE, IF YOU DO NOT HAVE AN A TIORNEY 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 2 Liberty A venue Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 :>- 01 W c:: ~ ,....; lnQ .. S J ~~t: b$ t-;-...~ :r. <.:>~ ,;... .~. '<: (..>;-; ~-)-"" ClV. 0 S~ LiJI.... - oct! ! >- r,~~ f .~: ....: :t: "0 I, 3 c...> - 0 'U , . SALLV J. WINDER Aliorney 01 Law 701 E. Klns Sir." Shlpp<n.hns, PA 172$7 MAY 11200'tP ... G- . CAROLYN E. NAUMAN, (formerly McClure), PlalntilT vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW STEVEN L. GORDON, Defendant : NO.: 95-1394 CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY COMES NOW, the Defendant, Steven L. Gordon, by and through his counsel, Sally J. Winder, Esquire, and does represent as follows: 1. The PlaintilTis Carolyn E. Nauman, residing at 1359 Creek Road, Carlisle, Cumberland County, Pennsylvania. 2, The Defendant is Steven L. Gordon, residing at 486 Middle Road, Newville, Cumberland County, Pennsylvania. 3. Defendant seeks modification of the Custody Order dated February 28, 1998, entered to the above captioned number and term with respect to the Summer visitation schedule for Mother vis-a-vis the following child: Drew R, Gordon, born June 9, 1988, The child was not born out of wedlock. The child is presently in the custody of Steven L, Gordon, who resides at 486 Middle Road, Newville, Pennsylvania. During the past five years, the child(ren) haslhave resided with the following persons and at the following addresses: (list all persons, addresses, dates) With father, Steven L. Gordon, Cherie M. Gordon, his step-mother, siblings: Elizabeth D, Gordon and Ryan S. Gordon, and step-siblings: Ernest J, Jacoby, Amanda S. Jacoby, and Coreena E. Jacoby for the last five years until January 200 I when Elizabeth turned eighteen and went to live with Mother and Ryan was placed with Mother by the Cumberland County Probation Department as a result of ajuvenile petition arising out of Ryan's behavior toward his step-sister, Amanda Jacoby. The mother of the child is Carolyn Nauman, currently residing at 1359 Creek Road, Carlisle, Pennsylvania. She is married. The father of the child is Steven L, Gordon, currently residing at 486 Middle Road, Newville, Pennsylvania. He is married. 4, The relationship ofPlaintitTto the child is that ofnatuml mother, The PlaintitT currently resides with the following person(s): her husband, Elizabeth Gordon, Ryan Gordon, 5. The relationship of Defendant to the children is that of natural father. The Defendant currently resides with the following person(s): his wife, Cherie M. Gordon, Ernest Jacoby, Amanda Jacoby, Coreena Jacoby and Drew Gordon. 6. Defendant has not participated as a party or witness. or in another capacity, in other litigation concerning the custody of the child(ren) in this or another Court. The Court. tenn, and number, and its relationship to this action is: Defendant has no infonnation of a custody proceeding concerning the child(ren) filed in a Court of this Commonwealth. The Court, tenn, and number, and its relationship to this action is: Defendant does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The name and address of such person is: 7, The best interests and pennanent welfare ofthe child, will be served by granting the relief requested because the PlaintitTMother does not provide the proper and necessary parental control of the child. Further, Father believes and therefor avers that Mother allows the other two children to be out at night past midnight with no adult supervision and to participate in improper and immoral conduct which has resulted in the juvenile proceedings instituted against Ryan Gordon for sexual assault. Father believes and therefore avers that Mother is aiding Ryan Gordon in avoiding and not fulfilling his conditions of probation including poor perfonnance at school and making threats against the physical well-being of Father by chanting" I will get you, I will get you" in the presence of others and then encouraging Drew Gordon to be disrespectful both at home and at school all of which serves to undennine proper values and moral behavior by Drew Gordon. 8. Each parent whose parental rights to the child have not been tenninated and the person who has physical custody of the child have been named as parties to this action, All other VERIFICATION I verilY that the statements made in this complaint are true and correct to the best of my personal knowledge and belief. 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. Date: '5'/8/01 I I ,Ya-.-. /. 0V1cL STEVEN L. GORDON , " . . 5, Mother shall enjoy temporary custody of the minor children during the summer months of June, July, and August. commencing with the mother's first regular weekend of alternating visitation following the last day of school, on an alternating weekly basis. Mother shall therefore enjoy temporary custody of the children beginning on Friday evening of the regular alternating weekend following the last day of school for the period of a week until the following Friday evening. This alternating week summer schedule shall cease and the regular alternating weekend schedule resume with the mother's regularly scheduled alternating weekend last preceding the first day of school in August of each year. 6. The Christmas holiday shall be shared each year such that mother shall have temporary custody of the children from 04:00 o'clock P.M. on Christmas Eve until 08:00 o'clock AM. on Christmas Day when mother shall return the children to father's residence, 7, The parties shall also alternate the following holidays: Labor Day. Thanksgiving, New Years Day, Easter. and Memorial Day. The time on each holiday shall be from 09:00 o'clock A.M. until 05:00 o'clock P.M. 8, The mother shall always have custody on Mother's Day from 09:00 o'clock A.M. until 05:00 o'clock P.M., and the father shall always have custody on Father's Day from 09:00 o'clock AM. until 05:00 o'clock P.M. This provision shall supersede any other portion of this Order, By the Court, TRUE COpy FROM RECORD In T est/mony whereof, I here unto set my hand and the sea';!, said Court at Carlisle, Pa. This ...,2.1..,..... day of3..L&......, 19..Yl. ~..";~!~"~ I~I ~~~-~. ~ J.