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HomeMy WebLinkAbout03-1730ANNE E. LaPORTE-HEUMAN Plaintiff VS. MARK A. HEUMAN, Defendant PRAECIPE TO FILE A CUSTODY DECREE OF ANOTHER · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION - LAW · NO. 03-175o ~'-~ : IN CUSTODY JURISDICTION PURSUANT TO 23 PA.C.S.A. §5356 Pursuant to 23 Pa.C.S.A. §5356 and 23 Pa.C.S.A. §5364 of the Domestic Relations Code, relating to Uniform Child Custody Jurisdiction Act, please file the attached certified Order of Court, dated November 9, 2001, from the Court of Common Pleas of York County, attached hereto· Respectfully submitted, GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANNE E. LaPORTE-HEUMAN, Plaintiff V. MARK A. HEUMAN, Defendant NO. 2001~SU-00594-03 IN CUSTODY ORDER OF COURT AND NOW, this Z~f day of.. /~F?,/'b~{ Of The Parties filed herein, IT IS HEREBY ORDERED'as follows: ,2001, upon Stipulation A. LEGAL CUSTODY. The parties will share joint legal custody of their minor children, Alexander M. Heuman (DOB: 10/4/90) and Jacob M. Heuman (DOB: 7/5/93). Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their children, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to a child's school, medical, dental, and other important records. As soon as practicable after receipt by a party, copies of the children's school schedules, special events notifications, report cards and similar notices shall be provided to the other party. Each party shall notify the other of any medical, dental, optical, and other appointments of the child with health care providers, sufficiently in advance thereof so that the other party can attend. NotWithstanding shared legal custody by both parents, non-major decisions involving a child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Order. ~J~TIFiED from the records afthe ~ i I 'tx Court of Common Ptea~ of York Courtly, PennayI~mia B. PHYSICAL CUSTODY. The parties shall share physical custody of the minor children as set forth below: (1.) Mother shall have majority physical custody. (2.) During the school year, Father shall have physical custody of both children on alternating weekends from Friday after school, when he will pick up the children, through Sunday at 8:15 p.m. Father's first such alternating weekend shall be November 9 - 11, 2001. (3 .) During the summer school vacation period, the parties shall share physical custody on an alternating weekly basis, with custody exchanges to occur at 5:00 p.m. each Friday. The summer vacation period shall be defined as the period from the Friday following the last day of school in the children's home school district until the Friday prior to the first'day of school at the beginning of the school year. Father shall have physical custody during the first full week commencing on the Friday following the last day of school and in alternate weeks thereafter. The children have previously attended Boy Scout camp or church camp during the summer, and the parties will cooperate to permit them to continue to attend those same camps in the future for a maximum of two weeks each in each summer. Information about the dates available for such camp attendance shall be communicated between the parties as soon as it become available to one of them, and they shall mutually decide the weeks in which the children shall attend camp. The party scheduled to have custody during the week of camp attendance by one child shall retain custody of the child not attending camp during that week. Further, the parent 2 scheduled to have custody during any week in which one of the children attends camp shall have the right to exercise physical custody of both children for one-half of the other parent's custodial week immediately preceding or following the camp week, at the option of the parent scheduled to have custody during the camp week, such make-up physical custody to commence at 5:00 p.m. on Friday of the week chosen and end at noon on Tuesday of the week chosen. (4.) Each party shall be entitled to exercise two consecutive weeks of uninterrupted custody per summer for the purpose of vacation. Each party shall be required to give written advance notice to the other party on or before May 15th each year of the vacation weeks to be exercised. The party who gives his or her said notice first shall have priority in the scheduling of vacation weeks. The other party shall then exercise his or her make-up week of physical custody during the vacationing party's scheduled week of custody immediately preceding or immediately succeeding the two-week vacation period. (5.) Easter, Memorial Day, Fourth Of July, Labor Day and Thanksgiving Day shall be alternated between the parties each year. The holiday custody shall be from 9:00 a.m. through 8:15 p.m. on the holiday. Father shall exercise custody on Easter, Fourth Of July and Thanksgiving in 2002 and in all even-numbered years thereafter. Father shall exercise custody on Memorial Day and Labor Day in 2003 and in all odd-numbered years thereafter. Mother shall exercise custody on Easter, Fourth Of July and Thanksgiving in 2001 and in all odd-numbered years thereafter. Mother shall exercise custody on Memorial Day and Labor Day in 2002 and in all even-numbered years thereafter. (6.) Mother shall always have physical custody on Mother's Day and Father shall always have physical custody on Father's Day, regardless of the alternating weekend schedule. Said physical custody shall be exercised from 9:00 a.m. through 8:15 p.m. (7.) The Christmas holiday each year shall be divided into two segments. Segment A shall be from December 24th at noon through December 25th at noon, and Segment B shall be from December 25th at noon through December 26'h at noon. In 2001 and all odd-numbered years thereafter, Mother shall have custody during Segment A and Father shall have custody during Segment B. In 2002 and all even- numbered years thereafter, Father shall have custody during Segment A and Mother shall have custody during Segment B. (8 .) During the school year, Father shall have physical custody of both children on any single-day school holiday not specifically listed hereinabove, with such custody to be from 9:00 a.m. through 8:15 p.m. In the event that the school holiday falls on a Friday immediately preceding a weekend during which Father is scheduled to have custody, his holiday and weekend custody shall commence at 9:00 a.m. on that Friday and continue uninterrupted through 8:15 p.m. on Sunday. In the event that the school holiday falls on a Monday immediately following a weekend during which Father is scheduled to have custody, his weekend and holiday custody shall continue uninterrupted until 8:15 p.m. on that Monday school 4 holiday. If Father is unavailable to exercise custody on any such single-day school holiday, he shall provide Mother with reasonable advance notice to that effect, and Mother shall then have the right to exercise custody on the school holiday. (9.) All holiday custody periods set forth herein in sub-paragraphs (5.) through (8.) inclusive shall supercede and take precedence over all other regularly scheduled periods of custody. (10.) The Easter or spring break, Thanksgiving and Christmas school vacations shall be shared by the parties such that Father has custody of the children for the majority of the school vacation days. The school vacation periods shall be defined as commencing at the end of school on the last day of school through 8:15 p.m. on the evening before school recommences, exclusive of the holiday periods identified in sub-paragraphs (5.) and (7~) above. The majority of the school vacation break is defined for purposes of this paragraph as allowing Father one (1) additional overnight of custody more than Mother during the school vacation periods, exclusive of the said holiday periods. The party scheduled to have custody on the Easter and Thanksgiving holidays as set forth above shall exercise custody for his or her share of the remaining school vacation period contiguous to the holiday itself. The party scheduled to have custody during Segment B for the Christmas holiday shall exercise his or her share of the school vacation period commencing at noon on December 26th and continuing until the time set by the parties in accordance with this provision for the commencement of the other party's remaining Christmas school vacation custody. The party scheduled to have custody for Segment A of the Christmas holiday shall exercise his or her share of the school vacation period in two segments, one being from the end of school at the commencement of the school vacation period through noon on December 24th and the second being for the appropriate number of days at the end of the school vacation period to complete his or her share of vacation days, with the exchange of custody to occur on the appropriate day at 8:15 p.m. By way of illustration only, if the remainder of the Christmas school break excluding the holiday period set forth in sub-paragraph (7.) above is a total of seven (7) overnights, Father shall exercise custody on four (4) overnights, and Mother shall exercise custody on three (3) overnights. The same method of sharing of the school vacation period shall apply to the Thanksgiving and Easter/spring school vacations. This school vacation schedule of physical custody shall supercede and take precedence over the regularly scheduled school year physical custody schedule set forth 'in sub-paragraphs (1 .) and (2.) above. C. CHILDREN'S COUNSELING. The children shall both participate in counseling with Mary Diskerud, L.S.W., of Mazzitti and Sullivan or with such other clinicians at Mazzitti and Sullivan as she shall recommend. Both parties shall be required to cooperate in any reasonable fashion to allow the counseling sessions to take place on a regular and consistent basis, regardless of who has physical custody on a given day; provided, however, that the counseling sessions during the summer school vacation shall take place during Father's weeks of physical custody. Father shall provide transportation for the children to and from the counseling sessions during the school year and the summer, unless the parties otherwise agree. If Father is unable to transport the children to and from a scheduled counseling session, he shall give Mother twenty-four (24) hours notice if possible so that Mother may have the option of transporting the children to and from the session. If Mother is unavailable to do so, she shall promptly inform Father so that he may reschedule the session. Both parties shall participate in the children's counseling as recommended by the counselor, and no other counselors will be engaged for the children except upon mutual agreement of the parties. Both parties shall follow the recommendations of the counselor as to the frequency and duration of counseling for the children, and will authorize the counselor to release to both parties such information relating to the children's counseling as the counselor deems approPriate. Any cost for the counseling sessions relating to the children which is not paid by medical insurance shall be divided equally between the parties. As the current provider of the medical insurance coverage, Mother shall be required to cooperate in any reasonably necessary fashion to facilitate submission of claims and receipt and allocation between the parties of insurance rei, mbursement, including without limitation prompt provision to Husband of insurance cards and documents or booklets reflecting the terms of the insurance coverage. D. CO-PARENTING/CONFLICT RESOLUTION COUNSELING. Mother arid Father shall immediately engage in co-parenting/conflict resolution counseling with Deborah L. Salem, M.H.S., C.A.C., of Inner Works, Inc., in Harrisburg in an effort to improve their conflict resolution skills and the communication between the two of them. Both parties shall follow the recommendations of the counselor as to the frequency and duration of such sessions. Any cost for these sessions which is not paid by medical insurance shall be divided equally between the parties, and Mother shall be required to cooperate in any reasonably necessary fashion to facilitate submission of claims and receipt and allocation of appropriate reimbursement as set forth above. E. TRANSPORTATION. Except as otherwise specifically set forth herein or as agreed from time to time by the parties, all custody exchanges shall occur at Shillito's on Route 74 in Dillsburg. At all times, the children shall be secured in appropriate passenger restraints while they are being transported. No person transporting the children shall consume alcoholic beverages prior to transporting them or be under the influence of any alcoholic beverages while transporting them. F. TELEPHONE CALLS. Both parties are urged to use common sense in scheduling telephone calls to talk to the children. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to a child, or preventing the children from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt a child's schedule. G. NON-DISPARAGEMENT. Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange a child from the other parent, their spouse or relatives, or injure a child's opinion of the other party or which may hamper the free and natural development of a child's love and respect for the other parent. The parties shall not use a child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. H. PARENTAL COOPERATION AND COMMUNICATION. Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the children's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation. Each party agrees to supply the name, address and phone numbers of any persons in whose care the children will be placed for a period in excess of seventy-two hours, and for each person or entity which may provide day care for a child. 8 I. EMERGENCY DECISIONS. Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness ora child at any time, any party then having custody of a child shall immediately communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision-making process as soon as practicable. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. J. WELFARE OF CHILDREN. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this order. Both parents are directed to listen carefully and consider the wishes of the children in addressing the ~ustodial schedule, any changes to the schedule, and any other parenting issues. K. USE OF TOBACCO AND ALCOHOl,. Neither party shall sm~)ke in a confined area when the children are present, and neither party shall permit another person to smoke in a confined area when the children are present, including any vehicle in which the children are passengers. Further, neither party shall use non-prescribed controlled substances or use alcohol while the children are in their custody and control. L. SUPERVISION AND CARE OF CHILDREN. Each parent shall make all reasonable efforts to ensure that the children's daily needs are properly cared for while in their respective custody, including the completion of any homework assignments for the next day. M. MODIFICATION. The parties are free to modify the terms of this Stipulation and the Order Of Court intended to be entered from time to time; however, both 9 parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. In the event that one or the other does not consent to a change, that does not mean each follows his or her own idea as to what he or she thinks the arrangements should be. The reason this Stipulation is set out in detail is so both parties have it to refer to and to govern their respective relationships with the children and with each other in the event of a disagreement. N. EFFECT ON PROTECTION FROM ABUSE ORDER. There is currently a Protection From Abuse Order in place. The parties are reminded that the Protection From Abuse Order remains in full force and effect. That Order shall not affect transfers relating to the custody and legitimate contact between the parties relating to either physical or legal custody issues. Nevertheless, the parties are warned not to take any discussions beyond pure discussions regarding custody, so that it would be a violation of the Protection From Abuse Order. BY THE COURT: lJdC~ARD K. RENN, J. 10 IN THE COURT OF COMMON PLEA.$ Ot YORK COUNTY, PENN,SyLVANIA~ ANNE E. LaPORTE-HEUMAN, PLAINTIFF ' NO. 2001-SU-0059~-03 MARK A. HEUMAN, · DEFENDANT ' CIVIL ACTION - LAW CUSTODY /tCKNOIWLEDGECdE~NT OF PARTIES TO ENTRY OF STIPUi.~ATtON FOR CUSTODY AS ORDER OF COURT AND NOW, to wit, this day of November, 2001, the pm'ties in the above- ret'erenced action do hereby agree tlnm the attacl~ed Stipulation of the Parties for custody and Order shat1 be entered as an Order of Court. IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANNE E. LaPORTE-HEUMAN, Plaintiff V. MARK A. HEUMAN, Defendant NO. 2001-SU-00594-03 IN CUSTODY STIPULATION OF THE PARTIES AND NOW, come the above-captioned parties, by their respective counsel of record, and stipulate and agree as follows: 1. The above-captioned matter was initiated by Plaintiff's filing of a Complaint For Custody on or about February 2, 2001. 2001. The matter is currently scheduled for trial during the week of November 12, 3. The parties agree that it is in the best interests of their minor children, Alexander M. Heuman (DOB: 10/4/90) and Jacob M. Heuman (DOB: 7/5/93), that they enter into an amicable resolution of the custody issues and stipulate to the entry of an Order Of Court. 4. The parties therefore stipulate and agree to the entry of an Order Of Court providing as follows: A. LEGAL CUSTODY. The parties will share joint legal custody of their minor children, Alexander M. Heuman (DOB: 10/4/90) and Jacob M. Heuman (DOB: 7/5/93). Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their children, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to a child's school, medical, dental, and other important records. As soon as practicable after receipt by a party, copies of the children's school · schedules, special events notifications, report cards and similar notices shall be provided to the other party. Each party shall notify the other of any medical, dental, optical, and other appointments of the child with health care providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding shared legal custody by both parents, non-major decisions involving a child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Order. B. PHYSICAL CUSTODY. minor children as set forth below: The parties shall share physical custody of the (1.) Mother shall have majority physical custody. (2.) During the school year, Father shall have physical custody of both children on alternating weekends from Friday after school, when he will pick up the children, through Sunday at 8:15 p.m. Father's first such alternating weekend shall be November 9 - 11,2001. (3 .) During the summer school vacation period, the parties shall share physical custody on an alternating weekly basis, with custody exchanges to occur at 5:00 p.m. each Friday. The summer vacation period shall be defined as the period from the Friday following the last day of school in the children's home school district until the Friday prior to the first day of school at the beginning of the school year. Father shall have physical custody during the first full week commencing on the Friday following the last day of school and in alternate weeks thereafter. The children have previously attended Boy Scout camp or church camp during the summer, and the parties will cooperate to permit them to continue to attend those same camps in the future for a maximum of two weeks each in each summer. Information about the dates available for such camp attendance shall be communicated between the parties as soon as it become available to one of them, and they shaltmutually decide the weeks in which the children shall attend camp. The party scheduled to have custody during the week of camp attendance by one child shall retain custody of the child not attending camp during that week. Further, the parent scheduled to have custody during any week in which one of the children attends camp shall have the right to exercise physical custody of both children for one-half of the other parent's custodial week immediately preceding or following the camp week, at the option of the parent scheduled to have custody during the camp week, such make-up physical custody to commence at 5:00 p.m. on Friday of the week chosen and end at noon on Tuesday of the week chosen. (4.) Each party shall be entitled to exercise two consecutive weeks of uninterrupted custody per summer for the purpose of vacation. Each party shall be required to give written advance notice to the other party on or before May 15th each year of the vacation weeks to be exercised. The party who gives his or her said notice first shall have 3 priority in the scheduling of vacation weeks. The other party shall then exercise his or her make-up week of physical custody during the vacationing party's scheduled week of custody immediately preceding or immediately succeeding the two-week vacation period. (5.) Easter, Memorial Day, Fourth Of July, Labor Day and Thanksgiving Day shall be alternated between the parties each year. The holiday custody shall be from 9:00 a.m. through 8:15 p.m. on the holiday. Father shall exercise custody on Easter, Fourth Of July and Thanksgiving in 2002 and in all even-numbered years thereafter. Father shall exercise custody on Memorial Day and Labor Day in 2003 and in all odd-numbered years thereafter. Mother shall exercise custody on Easter, Fourth Of July and Thanksgiving in 2001 and in all odd-numbered years thereafter. Mother shall exercise custody on Memorial Day and Labor Day in 2002 and in all even-numbered years thereafter. (6.) Mother shall always have physical custody on Mother's Day and Father shall always have physical custody on Father's Day, regardless of the alternating weekend schedule. Said physical custody shall be exercised from 9:00 a.m. through 8:15 p.m. (7.) The Christmas holiday each year shall be divided into two segments. Segment A shall be from December 24th at noon through December 25'h at noon, and Segment B shall be from December 25'~ at noon through December 26th at noon. In 2001 and all odd-numbered years thereafter, Mother shall have custody during Segment A and Father 4 shall have custody during Segment B. In 2002 and all even- numbered years thereafter, Father shall have custody during Segment A and Mother shall have custody during Segment B. (8 .) During the school year, Father shall have physical custody of both children on any single-day school holiday not specifically listed hereinabove, with such custody to be from 9:00 a.m. through 8:15 p.m. In the event that the school holiday falls on a Friday immediately preceding a weekend during which Father is scheduled to have custody, his holiday and weekend custody shall commence at 9:00 a.m. on that Friday and continue uninterrupted through 8:15 p.m. on Sunday. In the event that the school holiday falls on a Monday immediately £ollowing a weekend during which Father is scheduled to have custody, his weekend and holiday custody shall continue uninterrupted until 8:15 p.m. on that Monday school holiday. If Father is unavailable to exercise custody on any such single-day school holiday, he shall provide Mother with reasonable advance notice to that effect, and Mother shall then have the right to exercise custody on the school holiday. (9.) All holiday custody periods set forth herein in sub-paragraphs (5.) through (8.) inclusive shall supercede and take precedence over all other regularly scheduled periods of custody. (10.) The Easter or spring break, Thanksgiving and Christmas school vacations shall be shared by the parties such that Father has custody of the children for the majority of the school vacation days. The 5 school vacation periods shall be defined as commencing at the end of school on the last day of school through 8:15 p.m. on the evening before school recommences, exclusive of the holiday periods identified in sub-paragraphs (5.) and (7.) above. The majority of the school vacation break is defined for purposes of this paragraph as allowing Father one (1) additional overnight of custody more than Mother during the school vacation periods, exclusive of the said holiday periods. The party scheduled to have custody on the Easter and Thanksgiving holidays as set forth above shall exercise custody for his or her share of the remaining school vacation period contiguous to the holiday itself. The party scheduled to have custody during Segment B for the Christmas holiday shall exercise his or her share of the school vacation period commencing at noon on December 26th and continuing until the time set by the parties in accordance with this provision for the commencement of the other party's remaining Christmas school vacation custody. The party scheduled to have custody for Segment A of the Christmas holiday shall exercise his or her share of the school vacation period in two segments, one being from the end of school at the commencement of the school vacation period through noon on December 24th and the second being for the appropriate number of days at the end of the school vacation period to complete his or her share of vacation days, with the exchange of custody to occur on the appropriate day at 8:15 p.m. By way of illustration only, if the remainder of the Christmas school break excluding the holiday period set forth in sub-paragraph (7.) above is a total of seven (7) overnights, Father shall exercise custody on four (4) overnights and Mother shall exercise custody on 6 ttxree (3) overnights. The same method of sharing of the school vacation period shall apply to the Thanksgiving and Easter/spring school vacations. This school vacation schedule of physical custody shall supercede and take precedence over the regularly scheduled school year physical custody schedule set forth in sub-paragraphs (1 .) and (2.) above. C. CHILDREN'S COUNSELING. The children shall both participate in counseling with Mary Diskerud, L.S.W., of Mazzitti and Sullivan or with such other clinicians at Mazzitti and Sullivan as she shall recommend. Both parties shall be required to cooperate in any reasonable fashion to allow the counseling sessions to take place on a regular and consistent basis, regardless of who has physical custody on a given day; provided, however, that the counseling sessions during the summer school vacation shall take place during Father's weeks of physical custod'y. Father shall provide transportation for the children to and from the counseling sessions during the school year and the summer, unless the parties otherwise agree. If Father is unable to transport the children to and from a scheduled counseling session, he shall give Mother twenty-four (24) hours notice if possible so that Mother may have the option of transporting the children to and from the session. If Mother is unavailable to do so, she shall promptly inform Father so that he may reschedule the session. Both parties shall participate in the children's counseling as recommended by the counselor, and no other counselors will be engaged for the children except upon mutual agreement of the parties. Both parties shall follow the recommendations of the counselor as to the frequency and duration of counseling for the children, and will authorize the counselor to release to both parties such information relating to the children's counseling as the counselor deems appropriate. Any cost for the counseling sessions relating to the children which is not paid by medical insurance shall be divided equally between the parties. As the current provider of the medical insurance coverage, Mother shall be required to cooperate in any reasonably necessary fashion to facilitate submission of claims and 7 receipt and allocation between the parties of insurance reimbursement, including without limitation prompt provision to Husband of insurance cards and documents or booklets reflecting the terms of the insurance coverage. D. CO-PARENTING/CONFLICT RESOLUTION COUNSELINC. Mother and Father shall immediately engage in co-parenting/conflict resolution counseling with Deborah L. Salem, M.H.S., C.A.C., of Inner Works, Inc., in Harrisburg in an effort to improve their conflict resolution skills and the communication between the two of them. Both parties shall follow the recommendations of the counselor as to the frequency and duration of such sessions. Any cost for these sessions which is not paid by medical insurance shall be divided equally between the parties, and Mother shall be required to cooperate in any reasonably necessary fashion to facilitate submission of claims and receipt and allocation of appropriate reimbursement as set forth above. E. TRANSPORTATION. Except as otherwise specifically set forth herein or as agreed from time to time by the parties, all custody exchanges shall occur at shillito's on Route 74 in Dillsburg. At all times, the children shall be secured in appropriate passenger restraints while they are being transported. No person transporting the children shall consume alcoholic beverages prior to transporting them or be under the influence of any alcoholic beverages while transporting them. F. TELEPHONE CALLS. Both parties are urged to use common sense in scheduling telephone calls to talk to the children. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to a child, or preventing the children from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt a child's schedule. G. NON-DISPARAGEMENT. Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange a child from the other parent, their spouse or relatives, or injure a child's opinion of the other party or which may hamper the free and natural development of a child's love and respect for the other parent. The parties shall not use a child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. H. PARENTAL COOPERATION AND COMMUNICATION. Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the children's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation. Each party agrees to supply the name, address and phone numbers of any persons in whose care the children will be placed for a period in excess of seventy-two hours, and for each person or entity which may provide day care for a child. I. EMERGENCY DECISIONS. Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of a child shall immediately communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision-making process as soon as practicable. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. J. WELFARE OF CHILDREN. The welfare and convenience of the children shall be the prime consideration of the parties in any application, of the provisions of this order. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. K. USE OF TOBACCO AND ALCOHOL. Neither party shall smoke in a confined area when the children are present, and neither party shall permit another person to smoke in a confined area when the children are present, including any vehicle in which the children are passengers. Further, neither party shall use non-prescribed controlled substances or use alcohol while the children are in their custody and control. L. SUPERVISION AND CARE OF CHILDREN. Each parent shall make all reasonable efforts to ensure that the children's daily needs are properly cared for while in their respective custody, including the completion of any homework assignments for the next day. M. MODIFICATION. The parties are free to modify the terms of this Stipulation and the Order Of Court intended to be entered from time to time; however, both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. In the event that one or the other does not consent to a change, that does not mean each follows his or her own idea as to what he or she thinks the arrangements should be. The reason this Stipulation is set out in detail is so both parties have it to refer to and to govern their respective relationships with the children and with each other in the event of a disagreement. EFFECT ON PROTECTION FROM ABUSE ORDER. There is currently a Protection From Abuse Order in place. The parties are reminded that the Protection 10 From Abuse Order remains in full force and effect. That Order shall not affect transfers relating to the custody and legitimate contact between the parties relating to either physical or legal custody issues. Nevertheless, the parties are warned not to take any discussions beyond pure discussions regarding custody, so that it would be a violation of the Protection From Abuse Order. HOFFMEYER & SEMMELMAN By: , , Attorneys for Plaintiff CONSTANCE P. BRUNT, ESQUIRE Attorney for Defendant ANNE E. LaPORTE-HEUMAN Plaintiff Defendant' 11