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HomeMy WebLinkAbout03-0905MICHAEL J. SCUDDER, Plaintiff VS. CRYSTAL M. SCUDDER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : CIVIL DIVISION- LAW : IN DIVORCE :No. qO3 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 of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other fights important to you, including custody or visitation of your children. When the ground for divorce is indignitites 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 Court House, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE ~ 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 MICHAEL J, SCUDDER, Plnintiff VS. CRYSTAL M. SCUDDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION- LAW IN DIVORCE _COMPLAINT COUNT I SECTION 3301(¢) OF TH~ DIVORCE CODE OF 1980 1. Plaintiff is Michael J. Scudder, an adult individual who currently resides at 405 Brookview Court, Mechaniosburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Crystal M. Scudder, an adult individual who currently resides at 405 Brookview Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. hereto. 6. 7. Plaintiff and Defendant were married on September 22, 2000. There have been no prior actions for divorce or annulment between the parties Plaintiff avers th~tt Defendant is not in any branch of the Armed Services. This action is not collusive. 8. The marriage is irretreivably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the fight to request that the Court require the parties to participate in counseling. WHE~FORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant from the bonds of matrimony. COUNT II SECTION 3301(d) OF THE DIVORCE CODE OF 1980 10. Paragraphs one through nine of this Complaint are incorporated herein by reference as though set forth in full. 11. The parties are now living separate and apart; at the appropriate time Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretreivably broken. WHEREFORE, Plaintiff.request your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant from the bonds of matrimony. Respectfully submitted: BRATIC & PORTKO S el~hen K. Portko, Esquire- ~ 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 I.D. No. 34538 Attorney for Plaintiff 2 VERIFICATION I, MICHAEL J. SCUDDER, hereby acknowledge that I am Plaintiff in the foregoing Divorce Complaint, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. MICH~ J. SCUDDER Date C) c~ C) MICHAEL J. SCUDDER, Plaintiff CRYSTAL M. SCUDDER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : No. q06' : CUSTODY JOINDER Pursuant to Pa.R.C.P. Rule 1915.7, the undersigned hereby consent to the attached Custody Agreement and agree that they are in accord with the terms thereof. The parties hereto further consent to the Court's entering of record the attached Custody Agreement without requiring the parties hereto to appear before the Court and offer further testimony in this matter. Date Date MICHAEL J. SCUDDER, Plaintiff CRYSTAL M. SCUDDER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : No. : CUSTODY CUSTODY AGREEMENT TBIS AGREEMENT, made this _,,~ . day of February, 2003, by and between, MICHAEL J. SCUDDER, who resides in Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Father"), CRYSTAL M. SCUDDER, who resides in Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter referred to as "Mother") (collectively referred to hereinafter as "Parties"). WITNESSETH WBE~REAS, the Parties are the natural and biological parents ofMikaila C. Scudder, born November 7, 2001 (hereinafter the "Child"); WI~iEREAS, the Parties have given considerable thought to the questions of legal and physical custody of the minor Child and the manner in which the Child's interests may best be served; and W~REAS, the Parties mutually agree that it is in the best interests of the Child that she continue to have the broadest and most meaningful contact possible with both Parties and consistent with the provisions of this Agreement; WHEREAS, the parties desire that the provisions of the l)resent Custody Agreement may, at any time, be approved by the Court, and entered as a Court Order, with the same force and effect, as though said Order had been entered after iPetition, Notice and Hearing. NOW, THEREFORE, with the foregoing incorporated by reference and intending to be legally bound, and in consideration of mutual promises and agreements contained herein, the parties agree as follows: 1. L, EGAL CUSTODY: The parties shall have shared legal custody of the Child. This means that both parties shall have the right to share in making decisions of importance in the life of their Child, including education, medical, and religious decisions. Both parties shall be entitled to equal access to the Child's school, medical, dental and other important records. As soon as practical, after the receipt by a party, copies of the Child's school schedule, special events, notifications, report cards, and similar matters, shah be provided to the other party. Each party shah notify the other of any medical, dental, optical, or other appointments of the Child with a health care provider, sufficiently in advance, so that the other party can attend. 2. PHYSICAL CUSTODY: Father shall have primary physical custody of the minor child subject to the liberal partial custody rights of Mother. At a minimum, Mother shall have the child at least 3 days each week depending upon the parties' work schedule. Presently, the parties' schedules allow for the following: a. The custody schedule shall commence on Saturday, March 1, 2003 and continue indefinitely unless otherwise modified by the parties or Court Order. During the week Mother shall have the child each Wednesday, Thursday and Friday according to her off-days at work. If and when Mother's work schedule changes, upon advance notice to Father, Mother shah have the child during her 3 days off from work pursuant to her new work schedule. The parties agree to fully cooperate with each other in order to carry into effect the provisions of this paragraph. For the remaining days of the week, i.e. Saturday, Sunday, Monday and Tuesday, Father shall exercise his rights of custody. As indicated, the schedule may be changed to accommodate Mother's work schedule and so that the child may be with Mother for at least 3 days pursuant to Mother's partial custody rights. Mother may also request the child for any of her work holiday or personal days, subject to advance notice to Father. b. For all exchanges of the child, the parties agree to meet m: a half-way point that is in a public place with no third parties being involved in the exchange unless agreed to by the parties. The exchange shall take place in the morning as agreed to by the parties. The parties further agree to drop-off or pick-up the Child at daycare if necessary to comply with their custody schedule. 2 e. The parties further agree that either parent may exercise additional rights of physical custody with the Child at such other times as they may from time to time agree. 3. DAYCARE: The parties agree to equally share the costs ofdaycare for their Child and each parent agrees to pay one-half of the daycare costs. 4. DAILY DECISION. MAKING: Notwithstanding that both parties share legal custody, non.major decisions involving the Child's day to day living shall be made by the parent then having custody consistent with the other provisions of this A~eement. ~. CHILD'S BIRTHDAY AND HOLIDAYS: The parties shall share custody on the Child's birthday and on the Thanksgiving and Easter holidays with each parent having one-half of the day with the Child, as mutually agreed upon. Except for Christmas, all other holiday shall be in accordance with the parties' regular schedule. 6. CHRISTMAS HOLIDAY: During Christmas, the Father shall have the right of custody each Christmas season in odd numbered years, such as 2003, from December 24~ at noon through December 25th at noon. In odd numbered years, the Mother shall have the fight of custody of the Child from December 25~ al: noon through December 26~ at noon. In even numbered years, such as 2004, the Mother shall have the right of custody with the Child from December 24th at noon through December 25ta at noon. And in even numbered years, the Father shall have the right of cu~tody with the Child from December 25t~ at noon through December 26~ at noon. 7. MOTHER'S DAY AND FATHER'S DAY: Mother shall always have the fight of custody on Mother's Day. Father shall always have the right of custody on Father's Day. The rights of custody shall be exercised from 9 a.m. until 9 p.m. 8. VACATION TIME: Each party shall be entitled to two (2) non-consecutive weeks of uninterrupted time with the Child during the calendar year upon thirty (30) days advance written notice to the other. 9. _EXTRA-CURRICULAR ACTIVITIES: With respect to extra-curricular activities, each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor participating activities that the Child wishes to engage in. During the times that the party has custody of the Child, they will make certain that the Child does attend any extra- curricular activities. Parties agree to be supportive of the activities, and shall transport the Child to and from such activities and the preparations and practices for such activities that are scheduled in such times, so that the Child is able to participate in those events. Neither parent, however, shall sign up the Child for any activity, unless the Child definitely desires to attend that activity. Participation in activities, which takes place during the school year, is contingent upon the Child continuing to maintain passing grades in school. Neither parent shall sign the Child up for activities that fall in the other parent's period of custody, without the consent of the other party, which consent shall not be unreasonably withheld. If the Child does select an activity, which occurs during both parents periods of custody, that parent shall cooperate in providing transportation of the Child to the activity, provided that activity does not require transporting the Child a distance greater than 15 miles one-way. In the event travel exceeds 15 miles one,way, then the parent signing the Child up for such activity shall be responsible for transporting the Child to and from the other parents home so that the Child may attend such activity. The parents shall not be required to take the Child to an acti~ty, if the parents and Child are out of town during the activity, for a previously scheduled vacation. In the event that a parent is unable to deliver a Child to that particular activity, the parent who has custody of the Child at that time, shall notify the other parent, who shall be entitled to pick up and deliver the Child to the designated activity, and return her after the activity has ended. The parent then having custody shall :make certain that the Child is ready for pick up in time sufficient to enable the Child to timely attend the event. 10. FOSTERING MUTUAL AFFECTION: The parties agree that they, and any third person, in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither parent should permit any third person, to do or say anything, which may estrange the Child from the other parent, their spouse, or relatives, or injure the Child's opinions of the other party, which may hamper the free and natural development of the Child's love and respect for the parem. The parties shall not use the Child to convey further messages to the other parent about the custody situation or changes in the schedule. Further, the parties agree not to use third parties to convey messages to the other parent about the custody situation 4 or changes in the schedule unless it is absolutely necessary ~mder the then current circumstances. 11...FOCUS ON THE CH!LD'S BEST INTEREST:: The parties agree that the welfare and the needs of the Child shall be the prime consideration of the parties, in the application of any of the provisions of this Order. Both agree to listen carefully and consider the wishes of the Child in addressing the custodial schedule, any changes in the schedule, and any other parenting issues. 1:2, EMERGENCY DECISIONS: The parties agree that emergency decisions regarding the Child, shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Child at any time, any parent then having custody of said Child, shall immediately communicate with the other, by telephone or other means practical, informing the other of the nature of the illness or emergency, so that the other parent can become involved in the decision making process as soon as practical. During such illness, each party shall have the right to visit the Child as often as he or she desires, consistent with the proper medical care of the Child. The term serious illness, as used herein, shall mean any disability that confines the 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. Further, the parties agree, generally, that all medical decisions will be made jointly. Both parties will cooperate in dispensing to or reminding the Child to take any prescribed medication. 13. TELEPHONE C^LLS: Both parties shah use common sense in scheduling telephone calls to talk to the Child. Both parties shall refrain from preventing the parent who may be calling from talking to the Child, or preventing the Child from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the Child's schedule. 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. Each party agrees to supply the name, address and phone numbers of any' persons in whose care the Child will be in for a period in excess of seventy two hours, and for each person or entity which may provide day care for a Child. 5 14. RELOCATION: The parties acknowledge that both parties are fit parents who give loving care and protection to the Child and that the Child maintains warm and strong relationships with both parents. Moreover, each parent has maintained a frequent and consistent relationship with the Child. The parties recognize that Mechanicsburg community and its school district provide and in the future will continue to provide the Child with a familiar and congenial environment in which the Child possesses or will possess significant relationships with friends, relatives, teachers, and classmates. Therefore, neither party shall remove the Child from the Mechanicsbur8 PA area for the purpose of changing the residence of the Child permanently to a location outside this area, without the express written permission of the other party, or without leave of the Court of Common Pleas of Cumberland County. In the event that the party wishing to relocate with the Child from this area must obtain leave of the court to effect such relocation, that party must establish that the reason for leaving is bona fide and that he or she is planning to move in good faith, by reason of employment, education, health, remarriage, or other compulsion dictating or justifying such a drastic move and not for the purpose of undermining the custodial arrangements existing between the Child and the other party, and that the relocation of the Child to the new location will be in the best interests of the Child. 15. RIGHT TO ENTER AGREEMENT AS COURT ORDER: The parties further stipulate and agree that this Custody Agreement may be submitted at anytime to the Court of Common Pleas of Cumberland County, Pennsylvania, with request that the court approve this agreement and enter the same as an order of coart. 16. MODIFICATION: The parties agree that they ma5, modify the terms of this Agreement or subsequent Court Order if so entered, but that in order to do so, both parties must be in complete agreement to any new terms, i.e., both parties must agree on what new terms of the custody arrangement schedule shall prevail. In the event that one or the other does not consent to the change, neither party may unilaterally change this agreement. It is contemplated that any future changes, like tlhis document, shall be in writing. IN WITNESS WHEREOF, the Parties hereunto set the?~r hands and seals the day and year first about written. 6 Witness Michael'~ SCUdder~ Witness cr~tal M. SCudder. COMMONWEALTH OF PENNSYLVANIA · COUNTY OF '/~, ~/? SS, Personally appeared before me, a Notary Public, this 2 c]~ day of ~ 2003, Michael & Scudder, known to me or satisfactorily pr°v~n' t° be the person wh6se name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. Not~y Public My Commission Expires: IN WI~TNESS WHEREOF, I have hereunto set my hand and notarial seal. Notarial Seal Ronnett. a S. Rider, Notary Public Di#~bura Bom, York Oounty Member, Pennsylvana As,~oOa~n ot Nolane, COMMONWEALTH OF PENNSYLVANIA SS. otm¥o · appeared before me, a Notary Public, this 9_~pt day of ~ 2032, Personally Crystal M. Scudder, known to me or satisfactorily proTM t° be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein comained. IN WITNESS WHEREOF, I have hereumo set my hand and notarial seal. Notar~ Public My Commission Expires: (SEAL) J Notarial Seal ! Ronnetta S. Rider, Notary Public I Dill~:~urg Bom, York Counb, [Mlf Ootllffil~ron Expires Feh, 1~, 2005 7 MICAHEL J. SCUDDER, VS. CRYSTAL M. SCUDDER, Plaintiff : Defendant : IN THE COURT OF C~N PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 03-905 Civil Term CUSTODY CUSTODY PETITION 1. The Plaintiff is Michael J. Scudder, residing at 405 Brookview Court, Mechanicsburg, Cumberland County, PA 17050. 2. Defendant is Crystal M. Scudder, residing at 405 Brookview Court, Mechanicsburg, Cumberland County, PA 17050. 3. Plaintiff seeks custody of the following child: ...NAME PRESENT RESIDENC~ Mikaila C. Scudder 405 Brookview Court, Mechanicsburg, PA The child was born in wedlock. The child is presently in the custody of Michael J. Scudder, who resides at 405 Brookview Court, Mechanicsburg, Cumberland County, PA 17050. During the past five years the child has resided with the following persons at the following addresses: ~ ,AD,DI~SS .DATES Michael J. Scudder Michael J. Scudder Crystal M. Scudder Michael J. Scudder Crystal M. Scudder Michael J. Scudder Crystal M. Scudder 405 Brookview Court Mechanicsburg, PA 405 Brookview Court Mechanicsburg, PA 4 Ruffian Circle Dillsburg, PA Colorado Springs Colorado 02/24/03 to present Oct. '02 - Feb. ~03 Aug. '02 - Oct. ~02 11/07/01 - Aug. ~02 The father of the child, Mikaila C. Scudder, Michael J. Scudder, residing at 405 Brookview Court, Mechanicsburg, PA 17050 He is married. The mother of the child, Crystal M. Scudder, currently residing at 405 Brookview Court, Mechanicsburg, PA 17050. She is married. The relationship of Plaintiff to the child, Mikaila C. Scudder is that of natural father. resides with the following person: Mikaila C. Scudder The Plaintiff currently RELATIONSHIP daughter 5. The relationship of Defendant to the child, Mikaila C. Scudder is that of natural mother. The Defendant currently resides with the following persons: RELATIONSHIP unknown 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 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 best interest and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff has and can continue to provide the child with a home with adequate moral, emotional, and physical surroundings as required to meet the child's needs; (b) On February 24, 2003, Plaintiff and Defendant entered into Custody Agreement which provides that the parties shall share legal custody, Plaintiff shall have primary physical custody and Defendant shall have partial custody. (c) Plaintiff and Defendant have stipulated to entry of the aforesaid Custody Agreement as a Court Order and have signed a Joinder pursuant to Pa.R.C.P. Rule 1915.7 8. It is in the best interest and welfare of the child that the Plaintiff be awarded primary physical custody. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff request the court to grant him shared legal and primary physical custody of the minor child and enter an order pursuant to the parties Custody Agreement and Joinder. Respectfully submitted, 101 South U.S. Route 15 Dillsburg, PA 17019 (717)432-9706 Attorney I.D. #34538 Attorney for Plaintiff VERIFICATION !, Michael J. Scudder, hereby acknowledge that I am the Plaintiff in the foregoing Custody Petition, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: Michael~xJ~"Scudder MICHAEL & SCUDDER, Plaintiff ¥$. CRYSTAL M. SCUDDER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. CIVIL DMSION - LAW IN DIVORCE ORDER OF COURT AND NOW, this ~ day of ~1~ ,2003, upon presentation of the within CUSTODY AGREEMENT and JOINDER. dated February 24, 2003, as to custody of the parties minor child, it is hereby ordered that the terms and provisions of the same are hereby approved, and incorporated by reference to the present Order of Court, as fully as though, and with the same force and effect, as if such Order had been entered after Petition, Notice and Hearing. MICHAEL ~. SCUDDER, Plaintiff ¥. CRYSTAL M. SCUDDER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : No. O3- qO ' : CUSTODY JOINDER Pursuant to Pa.l~C.P. Rule 1915.7, the undersigned hereby consent to the attached Custody Agreement and agree that they are in accord with the terms thereof. The parties hereto further consent to the Court's entering of record the attached Custody Agreement without requiring the parties hereto to appear before the Court and offer further testimony in this matter. Date Date MICHAEL J. SCUDDER, Plaintiff CRYSTAL M. SCUDDER, Defendant 1N THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA No. CUSTODY C, U ,S, TODY AGREEMENT THIS AGREEMENT, made this ~. day of February, 2003, by and between, MICHAEL J. SCUDDER, who resides in Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Father"), CRYSTAL M. SCUDDER, who resides in Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter referred to as "Mother") (coHeetively referred to hereinafter as "Parties"). WITNESSETH WltEREAS, the Parties are the natural and biological parents ofMikaila C. Scudder, born November 7, 2001 (hereinafter the "Child"); WHEREAS, the Parties have given considerable thought to the questions of legal and physical custody of the minor Child and the manner in which the Child's interests may best be served; and WltEREAS, the Parties mutually agree that it is in the 'best interests of the Child that she continue to have the broadest and most meaningful contact possible with both Parties and consistent with the provisions of this Agreement; WHEREAS, the parties desire that the provisions of the present Custody Agreement may, at any time, be approved by the Court, and entered as a Court Order, with the same force and effect, as though said Order had been entered after Petition, Notice and Hearing. NOW, THEREFORE, with the foregoing incorporated by reference and intending to be legally bound, and in consideration of mutual promises and agreements contained herein, the parties agree as follows: 1. LEGAL CUSTODY: The parties shall have shared legal custody of the Child. This means that both parties shall have the fight to share in making decisions of importance in the life of their Child, including education, medical, and religious decisions. Both parties shall be entitled to equal access to the Child's school, medical, dental and other important records. As soon as practical, after the receipt by a party, copies of the Child's school schedule, special events, notifications, report cards, and similar matters, shall be provided to the other party. Each party shall notify the other of any medical, dental, optical, or other appointments of the Child with a health care provider, sufficiently in advance, so that the other party can attend. 2. PHYSICAL CUSTODY: Father shall have primary physical custody of the minor child subject to the liberal partial custody rights of Mother. At a minimum, Mother shall have the child at least 3 days each week depending upon the parties' work schedule. Presently, the parties' schedules allow for the following: a. The custody schedule shall commence on Saturday, March l, 2003 and continue indefinitely unless otherwise modified by the parties or Court Order. During the week Mother shall have the child each Wednesday, Thursday and Friday according to her off-days at work. If and when Mother's work schedule changes, upon advance notice to Father, Mother shall have the child during her 3 days off from work pursuant to her new work schedule. The parties agree 'to fully cooperate with each other in order to carry into effect the provisions of this paragraph. For the remaining days of the week, i.e. Saturday, Sunday, Monday and Tuesday, Father shall exercise his rights of custody. As indicated, the schedule may be changed to accommodate Mother's work schedule and so that the child may be with Mother for at least 3 days pursuant to Mother's partial custody fights. Mother may also request the child for any of her work holiday or personal days, subject to advance notice to Father. b. For all exchanges of the child, the parties agree to meet at a half-way point that is in a public place with no third parties being involved in the exchange unless agreed to by the parties. The exchange shall take place in the morning as agreed to by the parties. The parties further agree to drop-off or pick-up the Child at daycare if necessary to comply with their custody schedule. 2 e. The parties further agree that either parent may exercise additional rights of physical custody with the Child at such other times as they may from time to time agree. 3, DAYCARE: The parties agree to equally share the costs ofdaycare for their Child and each parent agrees to pay one-half of the daycare costs. 4. DALLY DECISION MAKING: Notwithstanding that both parties share legal custody, non,major decisions involving the Child's day to day living shall be made by the parent then having custody consistent with the other provisions of this Agreement. 5. CHILD'S BIRTHDAY AND HOLIDAYS: The parties shall share custody on the Child's birthday and on the Thanksgiving and Easter holidays with each parent having one-half of the day with the Child, as mutually agreed upon. Except for Christmas, aH other holiday shaH be in accordance with the parties' regular schedule. 6. CHRISTMAS H.OLIDAY: During Christmas, the Father shaH have the fight of custody each Christmas season in odd numbered years, such as 2003, from December 24~ at noon through December 25~h at noon. In odd numbered years, the Mother shall have the right of custody of the Child from December 25ts at noon through December 26~ at noon. In even numbered years, such as 2004, the Mother shall have the right of custody with the Child from December 24th at noon through December 25th at noon. And in even numbered years, the Father shall have the right of custody with the Child from December 25th at noon through December 26~ at noon. 7. MOTHER'S DAY AND FATHER'S DAY: Mother shaH always have the right of custody on Mother's Day. Father shah always have the right of custody on Father's Day. The rights of custody shaH be exercised from 9 a.m. until 9 p.m. 8..VACATION TIME: Each party shall be entitled to two (2) non-consecutive weeks of uninterrupted time with the Child during the calendar year upon thirty (30) days advance written notice to the other. 9. EXTRA-CURRICULAR ACTIVITIES: With respect to extra-curricular activities, each party shaH provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shaH agree to honor participating activities that the Child wishes to engage in. During the times that the party has custody of the Child, they will make certain that the Child does attend any extra- curricular activities. Parties agree to be supportive of the activities, and shall transport the Child to and from such activities and the preparations and practices for such activities that are scheduled in such times, so that the Child is able to participate in those events. Neither parent, however, shall sign up the Child for any activity, unless the Child definitely desires to attend that activity. Participation in activities, which takes place during the school year, is contingent upon the Child continuing to maintain passing grades in school. Neither parent shall sign the Child up for activities that fall in the other parent's period of custody, without the consent of the other party, which consent shall not be unreasonably withheld. If the Child does select an activity, which occurs during both parents periods of custody, that parem shall cooperate in providing transportation of the Child to the activity, provided that activity does not require transporting the Child a distance greater than 15 miles one-way. In the event travel exceeds 15 miles on,way, then the parent signing the Child up for such activity shall be responsible for transporting the Child to and from the other parents home so that the Child may attend such activity. The parents shall not be required to take the Child to an activity, if the parents and Child are out of town during the activity, for a previously scheduled vacation. In the event that a parent is unable to deliver a Child to that particular activity, the parent who has custody of the Child at that time, shall notify the other parent, who shall be entitled to pick up and deliver the Child to the designated activity, and return her after the activity has ended. The parent then having custody shall make certain that the Child is ready for pick up in time sufficient to enable the Child to timely attend the event. 10. FOSTERING MUTUAL AFFECTION: The parties agree that they, and any third person, in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither parent should penTdt any third person, to do or say anything, which may estrange the Child from the other parent, their spouse, or relatives, or injure the Child's opinions of the other party, which may hamper the free and natural development of the Child's love and respect for the parent. The parties shall not use the Child to convey further messages to the other parent about the custody situation or changes in the schedule. Further, the parties agree not to use third parties to convey messages to the other parent about the custody situation or changes in the schedule unless it is absolutely necessary under the then au-rent circumstances. 11. FOCUS ON THE CHILD'S BEST INTEREST: The parties agree that the welfare and the needs of the Child shall be the prime consideration of the parties, in the application of any of the provisions of this Order. Both agree to listen carefully and consider the wishes of the Child in addressing the custodial schedule, any changes in the schedule, and any other parenting issues. 12. EMERGENCY DECISIONS: The parties agree that emergency decisions regarding the Child, shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Child at any time, any parent then having custody of said Child, shall immediately communicate with the other, by telephone or other means practical, informing the other of the nature of the illness or emergency, so that the other parent can become involved in the decision making process as soon as practical. During such illness, each party shall have the right to visit the Child as often as he or she desires, consistent with the proper medical care of the Child. The term serious illness, as used herein, shall mean any disability that confines the 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. Further, the parties agree, generally, that all medical decisions w~l be made jointly. Both parties will cooperate in dispensing to or reminding the Child to take any prescribed medication. 13. TELEPHONE CALLS: Both parties shall use common sense in scheduling telephone calls to talk to the Child. Both parties shall refrain from preventing the parent who may be calling from talking to the Child, or preventing the Child from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the Child's schedule. 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. Each party agrees to supply the name, address and phone numbers of any persons in whose care the Child will be in for a period in excess of seventy two hours, and for each person or entity which may provide day care for a Child. 14. RELOCATION: The parties acknowledge that both parties are fit parents who give loving care and protection to the Child and that the Child maintains warm and strong relationships with both parents. Moreover, each parent has maintained a frequent and consistent relationship with the Child. The parties recognize that Mechanicsburg community and its school district provide and in the future will continue to provide the Child with a familiar and congenial environment in which the Child possesses or will possess significant relationships with friends, relatives, teachers, and classmates. Therefore, neither party shall remove the Child from the Mechanicsburg PA area for the purpose of changing the residence of the Child permanently to a location outside this area, without the express written permission of the other party, or without leave of the Court of Common Pleas of Cumberland County. In the event that the party wishing to relocate with the Child from this area must obtain leave of the court to effect such relocation, that party must establish that the reason for leaving is bona fide and that he or she is planning to move in good faith, by reason of employment, education, health, remarriage, or other compulsion dictating or justifying such a drastic move and not for the purpose of undermining the custodial arrangements existing between the Child and the other party, and that the relocation of the Child to the new location will be in the best interests of the Child. 15. RIGHT TO ENTER AGREEMENT AS COURT ORDElt: The parties further stipulate and agree that this Custody Agreement may be submitted at anytime to the Court of Common Pleas of Cumberland County, Pennsylvania, with request that the court approve this agreement and enter the same as an order of court. 16. MODIFICATION: The parties agree that they may modify the terms of this Agreement or subsequent Court Order if so entered, but that in order to do so, both parties must be in complete agreement to any new terms, i.e., both parties must agree on what new terms of the custody arrangement schedule shall prevail. In the event that one or the other does not consent to the change, neither party may unilaterally change this agreement. It is contemplated that any future changes, like this document, shall be in writing. IN WITNESS WHEREOF, the Parties hereunto set their hands and seals the day and year first about written. 6 Witness 'M' hael'Jz/. Scudder' Witness Cr~tal M~. Scudder COMMONWEALTH OF PENNSYLVANIA - COUNTY OF ¥,, r/~- · SS. Personally appeared before me, a Notary Public, this 2c/~ day of ~ 2003, Michael J. Scudder, known to me or satisfactorily proven t° be the person whose name is subscribed to the within ha_strument and acknowledged that he executed the same for the purposes therein contained. Not ry Pubnc My Commission Expires: IN ~TNESS WHEREOF, I have hereumo set my hand and notarial seal. Notarial Seal I Ronnetta S. Rider, Notary Public I D#lsburg Bom, York County I My Comrnissl-o~i~[~.,l~eb. 12, 2005 ] ~ COMMO~VEALTH O1;' PENNSYLVANIA SS. COUNTY OF 7~ c~( · Personally appeared before me, a Notary Public, this ~ ~ day of ~ 2032, Costal M. Scudder, known to me or satisfactorily proven tO be the person whO~se name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Not Public My Commission Expires: (SEAL) ] Notadal Seal ! Ronnetta S. Rider, Notary Public J. _ DtllN:~urg Bom, York County L_M~_ ~l~l-on Expires Feb. 12, 2005 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. SCUDDER, Plaintiff, V. CRYSTAL M. SCUDDER, Defendant : NO. 03-905 CIVIL TERM : : CIVIL ACTION - LAW . ACCEPTANCE OF SERVICE I accept service of Plaintiff's Complaint in Divorce filed in the above matter. Dated: ~,~-~ Cryst~l-I~l. ~(~ui~der, De{endant (Mailing Address) MICHAEL J. SCUDDER, Plaintiff CRYSTAL M. SCUDDER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : : CIVIL ACTION - LAW : : NO. 03-905 CIVIL TERM : AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 27.2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree 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,~ authod,ffes. ~ Dated: ,d ~lvO,~ ~,~/~~~ I ~ICHAEL/J. SCUDDER WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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 falsificatior],,to authorities. Dated: /~ ~[y' 0~? ~~,¢~/¢~~~~' / ' el ~. Scudder, Plaintiff II MICHAEL J. SCUDDER, Plaintiff CRYSTAL M. SCUDDER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : : CIVIL ACTION - LAW : : NO. 03-905 CIVIL TERM . AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 27, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree 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 authorities. Dated: ~J~,~\uPf~ (/~ ~.,,,~.t ~, ' C R'CSTA-L M. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be :sent to me immediately after it is filed with the Prothonotary. 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 authorities. Dated: ~1~ ~ ~~ ~ Cry,s~a~ ~.-S~'~dder, Defendant MICHAEL J. SCUDDER, Plaintiff V= CRYSTAL M. SCUDDER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA .. : CIVIL ACTION - LAW : : NO. 03-905 CIVIL TERM : PRAECIPE TO TRANSMIT RECORD 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: February 28, 2003 acceptance of service signed by Defendant; 3. Complete either (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divome Code: by the Plaintiff on July 10, 2003; by the Defendant on July 10, 2003; (b)(1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: n/a (b)(2) Date of service of the Plaintiffs affidavit upon the Defendant: n/a 4. Related claims pending: Neither party has raised any claims or other related issues. 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 3301 (d)(1)(i) of the Divorce Code: n/a 6. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached if decree is to be entered under section 3301 (c) of the Divorce Code: n/a OR, date of execution of Waiver of Notice of Intent: Plaintiff executed waiver on July 10, 2003; Defendant executed waiver on July 10, 2003; AND date of filing Waiver: Plaintiffs waiver filed contemporaneously herewith; Defendant's waiver filed contemporaneously herewith. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. MICHAEL J. SCUDDER, Plaintiff VERSUS CRYSTAL M. SCUDDER, Defendant N o. 03-905 C/VIL TERM AND NOW, DECREED THAT AND DECREE IN DIVORCE MICHAEL J. SCUDDER CRYSTAL M. SCUDDER IT IS ORDERED AND , PLAINTIFF, , DEPENDANT, ARE DIVORCED FROM THE BONDS OF MATR]MONY. THE COURT RETAINS JURISDICTION OF THE FO:LOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR Wt-IICH A FINAL ORDER HAS NOT YET BEEN ENTERED; N0~. ATTE ST~,~ PROTHONOTARY '~// V MICHAEL J. SCUDDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAN IA v. • n ~' No. 03-905 CIVIL ACTION L `~ ~ ... ' } fY ~~_ ^•7 .......: V. CRYSTAL M. CLINE IN CUSTODY -~-~ " ~.~~ ~-' ~ 'r-= ~~ Defendant ~~ F ~~~ ~. _ t 1 _. ORDER OF COURT =~ ` `~ - q '~' ~~ AND NOW this~~day of June 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Michael Scudder, and the Mother, Crystal Cline, shall have shared legal custody of Mikaila C. Scudder, born 11/07/2001. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's contact and/or physical custody as follows: a. Mother is authorized to send appropriate letters/pictures to the Child one time per week for eight weeks. Father shall do the best he can to encourage the Child to respond to Mother's letters. b. Mother is further authorized to have email communication with the Child two times per month. c. By mutual agreement of the parties, Mother may have telephone contact with the Child as can be arranged. It is understood that the Child's well-being (especially her emotional well-being) is of paramount importance. At this point in time, if Father does not feel that telephone contact between Mikaila and her Mother is appropriate, Father may deny Mother's telephone contact. d. By mutual agreement of the parties, Mother may have visitation with the Child in this jurisdiction as can be arranged. It is understood that the Child's well- being (especially her emotional well-being) is of paramount importance. At this point in time, if Father does not feel that physical contact between Mikaila and her Mother is appropriate, Father may deny Mother's visitation. 4. Counseling: Father is encouraged to engage Mikaila in individual counseling to address potential abandonment/grieffssues. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 6. Either party is authorized to directly contact the assigned conciliator directly within ninety (90) days from the date of this Order to schedule a status conference. 7. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, J. D' 'bution: ~'chael Scudder, 27 Lenox Court, Mechanicsburg, PA 17050 ./Lawrence Rosen, Esq., 1101 North Front Street, Harrisburg, PA 17102 ~hn J. Mangan, Esquire ~J t ES n-t,~, t 7~~~~0 ~~ y MICHAEL J. SCUDDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v No. 03-905 CIVIL ACTION LAW CRYSTAL M. CLINE, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Mikaila C. Scudder 11/07/2001 Primary Father 2. A Conciliation Conference was held with regard to this matter on June 25, 2010 with the following individuals in attendance: The Mother, Crystal Cline by phone and her counsel, Lawrence Rosen, Esq. -The Father, Michael Scudder, self-represented 3. The parties agreed to the entry of an Order in the form as attached. ~ Z Date John . M an, Esquire Cu ody conciliator