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HomeMy WebLinkAbout01-03274 ", iO. '"JiliI' ,~ ~....,.,..;.-'" ....>~'<~';L~~'"''"-- . . STEPHANIE M. FOUTS, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01- 3;) 7'1 -2001 CIVIL TERM DONALD P. FOUTS, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Stephanie M. Fouts, residing at 466 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania. 2. The defendant is Donald P. Fouts, residing at 5040 Century Drive, Virginia Beach, Virginia. 3. Plaintiff seeks custody of the following child: Name Devon Matthew Yount Present Residence 466 Mountain Road Boiling Springs, PA 17007 ~ 1 year 'the child was born out of wedlock. 'the child is presently in the custody of mother who resides at 466 Mountain Road, Boiling Springs, PA 17007. During the past five years, the child has resided with the following persons and at the following addresses: Person Dean Allen Yount Marlene Rae Yount Nathanial Dean Yount Stephanie M. Fouts Address 466 Mountain Road Boiling Springs, PA 17007 Dates 2/12/01 - present Stephanie M. Fouts Nathanial Dean Yount Donald P. Fouts 3433 Warren Place Apartment 201 Virginia Beach, VA 23452 5/5/00 - 2/U/0 1 Stephanie M. Fouts Nathanial Dean Yount 200 East Pomfret Street Apartment 1 Carlisle, PA 17013 215/00 - 5/4/00 The mother of the child is Stephanie M. Fouts, currently residing at 466 .....""'-' ~ .; ,.L_.:, ~ ~ .., " - ""," ~~C i- '" '';'''''iiM\!~,';t' Mountain Road, Boiling Springs, PA. She is married. The father of the child is Donald P. Fouts, currently residing at 5040 Century Drive, Virginia Beach, VA 23462. He is married. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Dean Allen Yount Marlene Rae Yount Nathanial Dean Yount Devon Matthew Yount Maternal Grandfather Maternal Grandmother Half brother Child 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Michael Fouts Diane Fouts Paternal Uncle Paternal Grandmother 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 can provide the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; b) Plaintiff is willing to accept custody of the child; c) Plaintiff continues to exercise parental duties and enjoys the love and affection of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are Imown to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: ~, ._ . L . -''''^'. ,,". .&.ft.Rfilll-'W;;jW;[' " " ~ NONE Address Basis of Claim Wherefore, plaintiff requests the court to grant custody of the child. ~" P" , [.' < "'" - , '.'-,,-~ 1,< '="_>""",,",',, ~~>WW!.._w,k' , . .. I verify that to the best of my 1000wledge and belief, the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.~4904 relating to unsworn fals' cation to authorities. ^ ~\fril~ii;r}j:i;~Jjd:jf.~0"':';;;I~Wi"-iNf.3iv_6ih"'~9j-':":'; ,,,,.,,'::;'t:'" ''''_''f,,,,,t,,,if,}_,'@:OI>!-?,!llill~,,,';i.\',''}~.il~,;m;~~li'~r;t-; ". ~~ ~ 6 - 0 - ~ ~ ~ e - p -9 ~ e3 1: t' ~~-- - ,.~ ,~~. _ ,~< ,'-'~~__ ~, _,~ _".,._"",W,""'~___""_,_~"y_",, - -'i'Ill~J:-g,}f,';i~~1i . 0 c-~- "-J S -'T-1 " [t: -, ,-< n:~i I~':. Z 0',/ C :,0:;> ~-- (', . c~_, ~ c_ ~'D C" F ('-.-., t>J C.:.. '-.... :Jl -<. ,'- ,.~.1 'I',' :i " H i:i j,i 1'1 I" II 1:1 {;7~ ~~ ~- , -, , .'-,,=,- ,-........ ~-,"';',;-,~'-""'''&..~"7-i" , , ,. , ' STEPHANIE M. FOUTS PLAINTIFF V. DONALD P. FOUTS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-3274 CIVILACTIONLAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 01, 2001 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 03, 2001 at 8:30 AM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Jacqueline M. Verntry. Esq. ~ Custody Conciliator The Court of Connnon Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 J .JRlllila ~~.~~,' "-'~=' ~'".<",,-,,,. 'e".,,,~___.",, ~6'?J1 ;" :5l'J( ~:5 -tJ/ \ ^ C 'd d' ; '"'''-'~>,;". ':0,'<'1 ,"'~ .,~y~%,-", 'I-C0.;''<')'"'',',', '-'lCD ~'. Or.: n-~~ ~r,~-t~.rFiCE . "'. ,-:I",LI(WOTAOY -',J--..','.. Ji"\fl 01 JUN - 5 PH I: I a CUMBERLAND COUNTY PENNSYlVANIA M.~~~4~ ~ ;n~ ?b ~.. ~ ~ ~ a/f ~ 14/-&- -;J'.,'-'" ., '~h'" _~'"'''-'''' ",v" '~;--'.,~ MO__" ,~.~' } . !l!~~'~'il'llliimIMf;I!Ht!l";le.\lll~~~~OOl!1"JJ"~l'~~~i"'f'".~'f~"!-"1N"i?i,"","""'Iv"~'V;'H:""'" ",~.n'"",~'!':off~"'1!%"f"'~""\"'''-''''t'--~'"M<!!f!l"l!!ifl~. l,.JJ~.IW~~ .-, . ~-'lhi'!I!~Wi_'i;ji\li~i 't ...." ,'~ . , . STEPHANIE M. FOUTS PLAINTIFF IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 01-3274 CIVIL ACTION LAW DONALD P. FOUTS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, November 26, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 18, 2001 at 2:30 PM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. VernlO'. Esq. ~I\. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 TIDS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE 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 :,,;,.,..~"-;,....;.'~, "",j~lii;!J!ili:;:"ffl;-;'''~''ilf~M!-i1i!i~~;iifU~;,ijj:Mi~.$i''l!j~'''b_4'''';;'1 ,:%<~;"k""",GA;'~l.&,',H"'''''4F~';\W<A':I&.''<iibJlMW;Jl$l;lilliOJ!JlMii~''ff' I g ~ ~ 1 ~> ! ?= r t ~ ~ rt$ r~J ~- b~"~ ~ - )J. ~ fJ ~r " I~ -J IV ~""~. - -J ....... () 0 _ . ./.'" - ~ (:'. ~_",<""-- ''''', 'O'"?, .~<,,,.,~,.~,;,,,~,,,,,h,t,..,",,,,,>.~.,,,.. ~""",, "..',,"'t' "_,," '-, c,'-, ~,','"_'."",--.,.",. ,,_ ,"?;'-'f"."."'" ~.'o &. ~ L.ll!ii;1ii!!W1itil!l~_"""'1 'f"."? ,,-.> "'" .e; .,~~." ."",~-,~"",_,,__c__ ',~"",~I", ,,__,,~ ",. ..... -', , () 0 CJ C ,'J ;XR? z C) zj' !lit::: 1-:"':'::' 7C ,,-> 'C:' ~'_L': ~~f;: .-..j -_:_",,-.j ~C.J v '~~;jQ ~C) - ;~J'(~ ~:-c )>; N ()rn c: ~ N "" 55 (11 -< "f"'__~_",J, J......"=llill'liti!l "-" '. - - > __...,__~k", .' -.".' ,,-'. '1l""1it1f": \ STEPHANIE M. FOUTS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2001-3274 CIVIL TERM DONALD P. FOUTS, Defendant IN CUSTODY ORDER OF COURT AND NOW, 2001, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at . . on the day of ,2001, at 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 derme 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 mder. . FOR THE COURT, By: Custody Conciliator 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 llccommodationsavailable to disabled individuals having business before the C01.U't, 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 BAR ASSOCIATION 2 LIBERTY AVENUE. CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 .~""~, ~,~ ~ ""'-"JIll '< '-~-'~f,< riw.t_"j /...... I STEPHANIE M. FOUTS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2001.3274. CIVIL TERM DONALD p, FOUTS, . Defendant IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW, comes the petitioner, Stephanie M. Fouts, by and through her attorney, Lindsay Dare Baird, Esquire, and respectfully avers the following: 1. Petitioner resides at the 466 Mountain Road, Boiling Springs, P A '. 17007, andis the natural mother of Devon Matthew Yount, date of birth February 5, 2000. 2. . Respondent resides at 692 Atlantic Avenue, Apartment #4, Red Lion, PA 17365, and is the natural father of the child. 3. An Order of Court regarding the custody Qf the child was issued July 5,2001, and is attached and. marked Exhibit "A". 4~ . The Order of the Court directed inter alia, that Respondent was to schedule anger management classes as soon as possible and to provide progress reports to Petitioner. S. Court. Respondent has failed to follow the directives of the Order of WHEREFORE, Petitioner respectfully requests that visitation by Respondent with the child be suspended until Respondent complies with the July 5,2001 Order of Court, . Respectfully submitted, ~.. JttIC ~ U(4 ~ . V P.&~ i . Li;dsay D~re Baird, Esquire Attorney for the Petitioner 1_ . . , '.-h' '-~r.!! , ., .0 o I verify that to the best of my Imowledge and belief, the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.~4904 relating to unsworn falsifica . n to authorities. -.,<. ~'~ I . < ~,-. " . ",-. - ""'"'lii"i'iit~ . . _\ ! ; - ~ 'jUt II 3 200~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA '. STEPHANIE M. FOUTS, Plaintiff V. NO,2001-3274 CIVIL TERM CIVIL ACTION - LAW DONALD P.FOUTS, Defendant IN CUSTODY ORDER OF COURT f.,J AND NOW, this ~ day of consideration of the attached Custody Concili follows: ,2001, upon ion R: port, it is ordered and directed as 1. The Mother, Stephanie M. Fouts, and the Father, Donald P. Fouts, shall have shared legal custody of Devon Matthew Yount, born February 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of supervised visitation of the child as follows: a. Beginning July 6,2001, from 8:30 a.m. to 2:30 p.m. Mother shall be the supervisor. b. Thereafter, Father shall have at least two (2) days per month of supervised visitation for at least six (6) hours per visit. Mother shall continue to be the supervisor. 4. Father shall have partial physical custody at such other times as the parties agree, with a goal for Father to have the child unsupervised for periods of time and eventually for Father to have unsupervised overnights sometime around Thanksgiving, 2001 5. Father shall schedule anger management classes as soon as possible once his insurance benefits become effective. Father shall direct his counselor to verify his attendance and note his progress to Mother's counsel. 6. 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. Exhibit "A" , \ 1 . """ ," \,., " .-" - ',I~-,,' "<O'"'-':k! . - '. cc: Lindsay Dare Baird, Esquire - Counsel for Mother Donald P. Fouts, pro se 9 Silver Birch Ct. Ownings Mills, MD 21117 TRUE COPY FROM RECORD . In 'f,'5ti\llOny whereof I here lJr.tc. 'll my hand and 11.~.{ieal~ of"{ld ~ o.u ~t (~:;I.a:.,pa. . lh'S~..;...t.:.... ..7.j 4J... ~(.!f.l..e.v. .p. ^" 'j.!J7'LIJ.[)..{)Y.j... . Pfllthonlllary 'i'""'~-';""~"""~lli';$h!~i1!1!1lb'll!v.;lItml.iJ'lll:;Wl~jOO~~;)ffii~i~i1~);i[!;":"ll.~~Hi,;;';,b,""'~~Q: "Fhd'~~'!Ifr.W!ll~~ll:ritili!i~~.""'~~'~="QO~I':(t =.'''''-....----.. . '1 C- -,... ...:I" :>- ~ ~ [""t I:::::: u: .- <:.\- ~-: tE ~-,. 8~ -, ?.:::d \:,_.1'::: ~ - ," t ~ Lc_ ~_. CJ::J CL-. c:) ~~i g 't: "::t1: (~, ~ :::.''t- ~ 41 C::j. [j)Q... ~ ..,;-. :-a ,->" ::> () 0:::> 0 ,- '-~'-" ~-" .--=~ .~ .' .. " llIlIIiilBlii:Wl1!!l ---,._~ - , - 1~ , , (~ tk-( .1 . , ~ , ~ -.J.. _,~ ,~ ~-'~b,~,', . .. , STEPHANIE M. FOUTS, Plaintiff WOl &0 ln~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA V. : NO, 2001-3274 CIVIL TERM : CIVIL ACTION - LAW DONALD P. FOUTS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this S - day of (juf? ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The Mother, Stephanie M. Fouts, and the Father, Donald P. Fouts, shall have shared legal custody of Devon Matthew Yount, born February 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of supervised visitation of the child as follows: a. Beginning July 6, 2001, from 8:30 a.m. to 2:30 p.m. Mother shall be the supervisor. b. Thereafter, Father shall have at least two (2) days per month of supervised visitation for at least six (6) hours per visit. Mother shall continue to be the supervisor. 4. Father shall have partial physical custody at such other times as the parties agree, with a goal for Father to have the child unsupervised for periods of time and eventually for Father to have nnsupervised overnights sometime around Thanksgiving, 2001 5. Father shall schedule anger management classes as soon as possible once his insurance benefits become effective. Father shall direct his counselor to verify his attendance and note his progress to Mother's counsel. 6. 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. (~~.I.!k"~.iJ.''''di~~,,,,1li;~W~~'*J!if''f'l!i!k'':iri'f~''::_d'''-&''c.o;;,,:~t''-':;i~tb'!'!!"''''lll~N'-';:t~j"ti~:A:'Jil:~'''''''~' ~i -~"-""'~llIilmi.jiillmilil,.m~~ . \~.'i':\;\'?i-'110., \ ,~" ). IF ,In,,""',,", , r/".,:,!\l;'Ii':::v-/ \~-'" ,. ,I, " : .'--! ;=~::.l~/ilrv''. <i,/\..J (, : f f i ~! r " 'ifit'" j ~'. i; ~_) , .~, ,~, -, ~ ~ ,~-" ,. ~ =" l~ '"' -- r . "',il II !il II II i I , .... , ~~,..m ",' "~ "--^ ~',;;L,MII'iJ:<I< ~ . BY THE COURT, 144- ,J. ~ cc: Lindsay Dare Baird, Esquire - Counsel for Motlier t fL Donald P. Fouts, pro se 9 Silver Birch Ct. ~ I ~ Ownings Mills, MD 21117 ' J\.- ..-" "'""'=,-"";"'~- '" ''''k,; .~ JUL 03 2001 ~ STEPHANIE M. FOUTS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYL VANIA V. : 2001-3274 CIVIL TERM : CIVIL ACTION - LAW DONALD P. FOUTS, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject ofthis litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Devon Matthew Yount February 5, 2000 Mother 2. A Conciliation Conference was held in this matter on July 3, 2001. Mother, Stephanie M. Fouts, was present with counsel, Lindsay Dare Baird, Esquire, and Father, Donald P. Fouts, was present pro se. 3. The parties agreed to an Order in the form attached. 7 -"3 -or Date A.1i acq eline M. Verney, Esquire Custody Conciliator . ~~~ -~ ~ ., ~. ~ .- ,<~ SI1L~' JAN 0 2 2003 t' STEPHANIE M. FOUTS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-3274 CIVIL TERM DONALD P. FOUTS, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of January, 2003, as the parties have not contacted the Conciliator since December 18, 200 I to request a conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, /4. Conciliator ~'-' ^~_~~i!lI:!..~(Ollij*,""ii;f!1;>f,\:m:.~ji~~!Jjj;Jili;'",",I,,,,,-;,~,',,,,n,H<c';W","i.lf_)ctcle\,-j)4l\{iio~;I;l!,,",~/1l~~N"'!liIY, -- >- 0; ~, '-" U_!C:-~ ~~:~.l.C. 'C ., ~~?] ____J .. '--- j:-:'::': L',. C' r-- '- t; :;.:?"'~ Ck' C)~; ;3 n .Z :::;~8 LLJ tl. -S ~'5 o < (,~) , ..,T', ~-: (') o ?{, pji/ "", ".J"","_., ,_" ~,~ ~~ ~ ~~,_~M~, """~_" ""'''-.''_^'',=-.",,_,~''', ~,~, <--- ., --."'" ~-~~ ,='" ,..... '_!l~ j I , . , STEPHANIE M. STRAKA, (f/k/a Stephanie M. Fouts) Plaintiff VS. DONALD P. FOUTS, Defendant : IN THE COURT OF COMMON PLEAS ,,,, o ,4r4Pk : CUMBERLAND COUNTY, PENNSYLJ ` Ica n r '' = • d... r ` ry 1 r - v No. 2001-3274 _ a rte- -+o CIVIL ACTION - LAW z?-, IN CUSTODY y °-{r" -t cr D AGREEMENT AND STIPULATION OF CUSTODY AND NOW, this day of kjoi c,,cL 2 i, , 2010, Stephanie M. Straka of Mt. Holly Springs, Cumberland County, Pennsylvania (hereinafter referred to as "Mother") and Donald P. Fouts of Red Lion, York County, Pennsylvania (hereinafter referred to as "Father"), having reached an agreement to mutually settle and resolve the issues of custody of their minor child, Devon Matthew Yount, date of birth February 5, 2000, desire to legally obligate themselves to adhere to the terms of said Agreement: WHEREAS, Stephanie M. Straka is the natural mother of said minor child; and WHEREAS, Donald P. Fouts is the natural father of said minor child; and WHEREAS, the parties, having reached an agreement regarding custody prior to a conciliation conference or trial, are desirous of avoiding further legal proceedings and are desirous of entering into a Custody Stipulation for entry as a court Order. NOW, THEREFORE, it is hereby agreed and stipulated by and between Mother and Father, intending to be legally bound, do agree as follows: 1. Leval Custody: The parties shall share legal custody of the minor child. Joint legal custody means the right of both parents to control and share in making decisions of importance in the life of their child, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and other important records. As soon as practicable after receipt by a party, copies of the child'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 that both parents 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 Order. 2. Physical Custody: Mother shall have primary physical custody, as defined in the Custody Act, of the child. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have partial physical custody of the child as follows: School Year: During the school year, Father shall have custody of the child for two (2) consecutive weekends, followed by a weekend with Mother (and rotating thereafter). Father currently works every third weekend and it is expected that Mother's weekend will fall on the weekend that Father is scheduled to work. With regard to Father's weekends, Father shall have the child on Friday's from the time he gets out of work through Sunday at a time to be mutually agreed upon by the parties. Mother's first weekend of Custody shall be ?Gt' I D? x.01 U Summer: "Summer" shall be defined as the period commencing on the first Friday following the last day of school in the child's home district, and ending on the last Friday preceding the start of school in the child's home district: a) Father shall have custody of the child for the summer beginning on the first Friday following the last day of school in the child's home district, and ending on the last Friday preceding the start of school in the child's home district; b) Mother shall be entitled to have two (2) non-consecutive uninterrupted two (2) week periods of custody with the child during the summer. Mother shall be entitled to select these two (2) week periods of custody by providing Father fourteen (14) days written notice. 3. Holidays: The parties shall alternate custody on holidays including New Years Day, Memorial Day, Fourth of July, Labor Day and Thanksgiving Day. Custody on these holidays shall be exercised on the day of the holiday (at a time to be mutually agreed upon by the parties) until the day immediately following the day of the holiday (at a time to be mutually agreed upon by the parties). The alternating schedule shall begin with Mother having Thanksgiving 2010 and alternating thereafter. During Christmas in even-numbered years, Father shall have custody of the child on Christmas at times to be mutually agreed upon by the parties. During Christmas in odd-numbered years, Mother shall have custody of the child on Christmas at times to be mutually agreed upon by the parties. The child will spend Mother's Day and Father's Day with the appropriate party. The periods of partial custody for holidays, vacations or other special days set forth in this Agreement shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously. Holidays and other special days for custody set forth in this Agreement take precedence over vacations. 4. Transportation: Father will be responsible for picking up the child to begin his periods of custody. When Mother is to begin her periods of custody, the parties shall share transportation by meeting at the Rutter's Convenience Store in East Berlin, Pennsylvania. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages while transporting the child. 5. Medical Care: 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 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 practical, 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 practical. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of forty-eight (48) hours or which places the child under the direction of a licensed physician. 6. Telephone Calls: Both parties are urged to use common sense in scheduling telephone calls to talk to the child. Both parties are hereby directed to 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. 7. Disparnine Remarks: Each of the parties and any third party in the presence of the child shall take all measures deemed advisable to foster a feeling of affection between the child and other party. Neither party shall do nor shall either parent 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 opinion of the other party or which may hamper the free and natural development of the child's love and respect for the other parent. The parties shall not use the child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. Other Considerations: In the event that a significant matter arises with respect to the medical care, education, or financial care of the child, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the child'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 child and visitation. Each party agrees to supply the name, address and telephone numbers of any persons in whose care the child will be for a period in excess of seventy-two (72) hours, and for each person or entity which may provide day care for a child. The welfare and convenience of the child 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 child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 9. Drinking: No party shall drink alcoholic beverages or consume illegal substances when in the presence of the child, and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the child. 10. Modification: The parties are free to modify the terms of this Order but in order to do so, the Court makes it clear that 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 their own idea as to what they think the arrangements should be. This Agreement and Court Order is set out in detail so both parties have it to refer to and to govern their relationship with the child and with each other in the event of a disagreement. WHEREFORE, the parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. Both parties acknowledge that they have entered into this Agreement and Stipulation of Custody voluntarily and after the opportunity to consult with their respective counsel. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. e nie M. Straka Witness Witness STEPHANIE M. STRAKA, (VWa Stephanie M. Fouts) Plaintiff VS. DONALD P. FOUTS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2001-3274 : CIVIL ACTION - LAW : IN CUSTODY ACKNOWLEDGMENT OF PARTIES TO ENTRY OF STIPULATION AS ORDER OF COURT AND NOW, to wit, this _%14", day of ?JodL» ar- , 2010, the parties in the above- referenced action do hereby agree that the attached Stipulation shall be entered as an Order of Court. ep ie M. Straka -J(MJd I Witness Donal . S Thomas M. Clark, Esquire r + DEC 0 8 2010 STEPHANIE M. STRAKA, : IN THE COURT OF COMMON PLEAS (fWa Stephanie M. Fouts) : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 2001-3274 c, c v --4 -O? o DONALD P. FOUTS, CIVIL ACTION - LAW r" n r" ?r- Defendant : IN CUSTODY r- ? ? ca SQ -v o-n ORDER ADOPTING STIPULATION OF PARTIES =CD ° m Tr D AND NOW, to wit, this 3 day of "aa.w.?i? , 2010, upon consideration of the foregoing Agreement and Stipulation of Custody, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation, dated /V y-"4 r iC * 2010, are adopted as an Order of Court as if set forth herein at length. BY THE COURT: IL , J. STEPHANIE M. STRAKA, (f/k/a Stephanie M. Fouts) Respondent/Plaintiff VS. DONALD P. FOUTS, Petitioner/Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANf; P^. No. 2001-3274 `L:r, co CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW COMES, Donald P. Fouts, by and through his attorney, Thomas M. Clark, of Colgan & Associates, LLC, and files the instant Petition for Modification of Custody, and in support thereof, avers as follows: The Petitioner is Donald P. Fouts, who currently resides at 11429 Winterstown Road, Red Lion, York County, Pennsylvania 17356. 2. The Respondent is Stephanie M. Straka, f/k/a Stephanie M. Fouts, who currently resides at 107 West Butler Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. The minor child is Devon Matthew Yount, born in 2000 (age 12). 4. By Order dated December 13, 2010 Father has partial physical custody of the child (a copy of which is attached hereto as Exhibit A). 5. The relationship of Plaintiff to the child is that of mother. 6. The relationship of the Defendant to the child is that of father. 7. Father has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 8. Father does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting 01, 40-70.06 )4*1 c y5*y Father shared legal custody and primary physical custody of the child. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Petitioner respectfully requests This Honorable Court to award shared legal custody and primary physical custody of the minor child. Respectfull 'tied, COLG N & AS OCIATES, LLC By: Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 Dated: G 3 ?? EXHIBIT A STEPHANIE M. STRAKA, (f/k/a Stephanie M. Fouts) Plaintiff VS. DONALD P. FOUTS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2001-3274 : CIVIL ACTION - LAW : IN CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this ?. day 'V?nr% , 2010, upon consideration of the foregoing Agreement and Stipulation of Custody, it is hereby ordered, ' ged and decreed that the terms, conditions and provisions of the foregoing Stipulation, date l h, 2010, are adopted as an Order of Court as if set forth herein at length. BY THE COURT: TRUE COPY FROM RECORD In Testimony whereof, .1 here unto set my hand ancr the seal of said' urtat ?Carlisle, Pa. T - 201(_ rothonotary STEPHANIE M. STRAKA, (f/k/a Stephanie M. Fouts) Plaintiff VS. DONALD P. FOUTS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2001-3274 : CIVIL ACTION - LAW : IN CUSTODY c -r, rn Cj rn Or r> r ci T> n o --c N [= ci 0 rn c-; co a ? rn -vrn o, 4c:) Xrn C )-n zF3 1 53. AGREEMENT AND STIPULATION OF CUSTODY AND NOW, this day of IJo?c ,?,., 3t 2 ( , 2010, Stephanie M. Straka of Mt. Holly Springs, Cumberland County, Pennsylvania (hereinafter referred to as "Mother") and Donald P. Fouts of Red Lion, York County, Pennsylvania (hereinafter referred to as "Father"), having reached an agreement to mutually settle and resolve the issues of custody of their minor child, Devon Matthew Yount, date of birth February 5, 2000, desire to legally obligate themselves to adhere to the terms of said Agreement: WHEREAS, Stephanie M. Straka is the natural mother of said minor child; and WHEREAS, Donald P. Fouts is the natural father of said minor child; and WHEREAS, the parties, having reached an agreement regarding custody prior to a conciliation conference or trial, are desirous of avoiding further legal proceedings and are desirous of entering into a Custody Stipulation for entry as a court Order. NOW, THEREFORE, it is hereby agreed and stipulated by and between Mother and Father, intending to be legally bound, do agree as follows: Legal Custody: The parties shall share legal custody of the minor child. Joint legal custody means the right of both parents to control and share in making decisions of importance in the life of their child, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and other important records. As soon as practicable after receipt by a party, copies of the child'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 that both parents 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 Order. 2. Physical Custody: Mother shall have primary physical custody, as defined in the Custody Act, of the child. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have partial physical custody of the child as follows: School Year: During the school year, Father-shall have custody of the child for two (2) consecutive weekends, followed by a weekend with Mother (and rotating thereafter). Father currently works every third weekend and it is expected that Mother's weekend will fall on the weekend that Father is scheduled to work. With regard to Father's weekends, Father shall have the child on Friday's from the time he gets out of work through Sunday at a time to be mutually agreed upon by the parties. Mother's first weekend of Custody shall be 1 d/ "lQ . Su mer: "Summer" shall be defined as the period commencing on the first Friday following the last day of school in the child's home district, and ending on the last Friday preceding the start of school in the child's home district: a) Father shall have custody of the child for the summer beginning on the first Friday following the last day of school in the child's home district, and ending on the last Friday preceding the start of school in the child's home district; b) Mother shall be entitled to have two (2) non-consecutive uninterrupted two (2) week periods of custody with the child during the summer. Mother shall be entitled to select these two (2) week periods of custody by providing Father fourteen (14) days written notice. 3. Holidays: The parties shall alternate custody on holidays including New Years Day, Memorial Day, Fourth of July, Labor Day and Thanksgiving Day. Custody on these holidays shall be exercised on the day of the holiday (at a time to be mutually agreed upon by the parties) until the day immediately following the day of the holiday (at a time to be mutually agreed upon by the parties). The alternating schedule shall begin with Mother having Thanksgiving 2010 and alternating thereafter. During Christmas in even-numbered years, Father shall have custody of the child on Christmas at times to be mutually agreed upon by the parties. During Christmas in odd-numbered years, Mother shall have custody of the child on Christmas at times to be mutually agreed upon by the parties. The child will spend Mother's Day and Father's Day with the appropriate party. The periods of partial custody for holidays, vacations or other special days set forth in this Agreement shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously. Holidays and other special days for custody set forth in this Agreement take precedence over vacations. 4. Transportation: Father will be responsible for picking up the child to begin his periods of custody. When Mother is to begin her periods of custody, the parties shall share transportation by meeting at the Rutter's Convenience Store in East Berlin, Pennsylvania. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages while transporting the child. 5. Medical Care: 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 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 practical, 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 practical. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of forty-eight (48) hours or which places the child under the direction of a licensed physician. 6. Telephone Calls: Both parties are urged to use common sense in scheduling telephone calls to talk to the child. Both parties are hereby directed to 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. 7. Disparaging Remarks: Each of the parties and any third party in the presence of the child shall take all measures deemed advisable to foster a feeling of affection between the child and other party. Neither party shall do nor shall either parent 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 opinion of the other party or which may hamper the free and natural development of the child's love and respect for the other parent. The parties shall not use the child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. Other Considerations: In the event that a significant matter arises with respect to the medical care, education, or financial care of the child, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the child'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 child and visitation. Each party agrees to supply the name, address and telephone numbers of any persons in whose care the child will be for a period in excess of seventy-two (72) hours, and for each person or entity which may provide day care for a child. The welfare and convenience of the child 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 child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 9. Drinking: No party shall drink alcoholic beverages or consume illegal substances when in the presence of the child, and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the child. 10. Modification: The parties are free to modify the terms of this Order but in order to do so, the Court makes it clear that both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms ofthe 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 their own idea as to what they think the arrangements should be. This Agreement and Court Order is set out in detail so both parties have it to refer to and to govern their relationship with the child and with each other in the event of a disagreement. WHEREFORE, the parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. Both parties acknowledge that they have entered into this Agreement and Stipulation of Custody voluntarily and after the opportunity to consult with their respective counsel. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. l 1 V$te? anie M. Straka Witness Witness STEPHANIE M. STRAKA, (f/k/a Stephanie M. Fouts) Plaintiff VS. DONALD P. FOUTS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2001-3274 : CIVIL ACTION - LAW : IN CUSTODY ACKNOWLEDGMENT OF PARTIES TO ENTRY OF STIPULATION AS ORDER OF COURT AND NOW, to wit, this day of ?Jodo».,3 g a, 2010, the parties in the above- referenced action do hereby agree that the attached Stipulation shall be entered as an Order of Court. ep ie M. Straka -Cml ll.? I -= Witness Thomas M. Clark, Esquire STEPHANIE M.STRAKA, : IN THE COURT OF COMMON PLEAS (f/k/a Stephanie M. Fouts) : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 2001-3274 DONALD P. FOUTS, : CIVIL ACTION - LAW Defendant : IN CUSTODY VERIFICATION I, DONALD P. FOUTS, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 3 DONALD P. FOUTS, Petitioner STEPHANIE M. STRAKA F/K/A IN THE COURT OF COMMON PLEAS OF STEPHANIE M. FOUTS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA c C V. 2001-3274 CIVIL ACTION LAW M M C= z © DONALD P. FOUTS IN CUSTODY -?c DEFENDANT :, a? ORDER OF COURT `M AND NOW, Friday, June 10, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 19, 2011 _ at 10:30 AM 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator 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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street / Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Ilk. 69ty rna p 4,:' Al I v ?C41 /PCB 1 v etoQy ? ?i v MCI/ 10A3 ?i STEPHANIE M. STRAKA, (f/k/a Stephanie M. Fouts) Plaintiff VS. DONALD P. FOUTS, Defendant 4, 111 'y COUNT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2001-3274 : CIVIL ACTION - LAW : IN CUSTODY AGREEMENT AND STIPULATION OF CUSTODY AND NOW, this 254? day of -w;0` , 2011, Stephanie M. Straka of Mt. Holly Springs, Cumberland County, Pennsylvania (hereinafter referred to as "Mother") and Donald P. Fouts of Red Lion, York County, Pennsylvania (hereinafter referred to as "Father"), having reached an agreement to mutually settle and resolve the issues of custody of their minor child, Devon Matthew Yount, date of birth February 5, 2000, desire to legally obligate themselves to adhere to the terms of said Agreement: WHEREAS, Stephanie M. Straka is the natural mother of said minor child; and WHEREAS, Donald P. Fouts is the natural father of said minor child; and WHEREAS, the parties, having reached an agreement regarding custody prior to a conciliation conference or trial, are desirous of avoiding further legal proceedings and are desirous of entering into a Custody Stipulation for entry as a court Order. NOW, THEREFORE, it is hereby agreed and stipulated by and between Mother and Father, intending to be legally bound, do agree as follows: Legal Custody: The parties shall share legal custody of the minor child. Joint legal custody means the right of both parents to control and share in making decisions of importance in the life of their child, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and other important records. As soon as practicable after receipt by a party, copies of the child'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 that both parents 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 Order. 2. Physical Custody: Father shall have primary physical custody, as defined in the Custody Act, of the child. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Mother shall have partial physical custody of the child as follows: School Year: During the school year, Mother shall have custody of the child for two (2) consecutive weekends, followed by two consecutive weekends with Father (and rotating thereafter). Father currently works every third weekend and it is expected that Mother's weekend will fall on the weekend that Father is scheduled to work. With regard to Mother's weekends, Mother shall have the child on Friday's from the times he gets out of work through Sunday at a time to be mutually agreed upon by the parties. Summer: Mother shall have custody of the child for the summer. "Summer" shall commence one week following the last day of school in the child's home district. "Summer" shall end one week before the first day of school in the child's home district. Father shall be entitled to have two (2) non-consecutive uninterrupted two (2) week periods of custody with the child during the summer. Father shall be entitled to select these two (2) week periods of custody by providing Mother fourteen (14) days written notice. 3. Holidays: During even-numbered years, Father shall have custody of the child on New Years Day, Easter, Labor Day, and Christmas at times to be mutually agreed upon by the parties. During odd-numbered years, Mother shall have custody of the child on New Years Day, Easter, Labor Day, and Christmas at times to be mutually agreed upon by the parties. During even-numbered years, Mother shall have custody of the child on Memorial Day, Fourth of July, and Thanksgiving at times to be mutually agreed upon by the parties. During odd-numbered years, Father shall have custody of the child on Memorial Day, Fourth of July, and Thanksgiving at times to be mutually agreed upon by the parties. The child will spend Mother's Day and Father's Day with the appropriate party. The periods of partial custody for holidays, vacations or other special days set forth in this Agreement shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously. Holidays and other special days for custody set forth in this Agreement take precedence over vacations. 4. Transportation: The parties shall share transportation by meeting at the Rutter's Convenience Store in East Berlin, Pennsylvania. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages while transporting the child. 5. Medical Care: 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 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 practical, 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 practical. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of forty-eight (48) hours or which places the child under the direction of a licensed physician. 6. Telephone Calls: Both parties are urged to use common sense in scheduling telephone calls to talk to the child. Both parties are hereby directed to 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. Disparazina Remarks: Each of the parties and any third party in the presence of the child shall take all measures deemed advisable to foster a feeling of affection between the child and other party. Neither party shall do nor shall either parent 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 opinion of the other party or which may hamper the free and natural development of the child's love and respect for the other parent. The parties shall not use the child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 8. Other Considerations: In the event that a significant matter arises with respect to the medical care, education, or financial care of the child, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the child'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 child and visitation. Each party agrees to supply the name, address and telephone numbers of any persons in whose care the child will be for a period in excess of seventy-two (72) hours, and for each person or entity which may provide day care for a child. The welfare and convenience of the child 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 child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 9. Drinking: No party shall drink alcoholic beverages or consume illegal substances when in the presence of the child, and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the child. 10. Modification: The parties are free to modify the terms of this Order but in order to do so, the Court makes it clear that 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 their own idea as to what they think the arrangements should be. This Agreement and Court Order is set out in detail so both parties have it to refer to and to govern their relationship with the child and with each other in the event of a disagreement. WHEREFORE, the parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. Both parties acknowledge that they have entered into this Agreement and Stipulation of Custody voluntarily and after the opportunity to consult with their respective counsel. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. SOp ie M. Straka Witness Don is Witness STEPHANIE M. STRAKA, (f/k/a Stephanie M. Fouts) Plaintiff VS. DONALD P. FOUTS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2001-3274 : CIVIL ACTION - LAW : IN CUSTODY ACKNOWLEDGMENT OF PARTIES TO ENTRY OF STIPULATION AS ORDER OF COURT AND NOW, to wit, this Z , day of 3u?? , 2011, the parties in the above- referenced action do hereby agree that the attached Stipulation shall be entered as an Order of Court. to ie M. Straka Witness Thomas M. Clark, Esquire M' 0 STEPHANIE M. STRAKA, (f/k/a Stephanie M. Fouts) Plaintiff VS. DONALD P. FOUTS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-3274 m w m L ; n ? c Zn CIVIL ACTION - LAW -<> u? ")CD r . IN CUSTODY ;- ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this 9 day of 12011, upon consideration of the foregoing Agreement and Stipulation of Custody, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation, dated 28 • , 2011, are adopted as an Order of Court as if set forth herein at length. BY THE COURT: -iomaq M .0jark, 8+ephan ie M. S-fMJ44 6P J STEPHANIE M. STRAKA A/K/A,: IN THE COURT OF COMMON PLEAS OF STEPHANIE M. FOUTS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2001-3274 CIVIL ACTION - LAW DONALD P. FOUTS, r- Defendant : IN CUSTODY w C- rn ZM c ?- r d ? D i-: C) -+c) ORDER OF COURT - ) CDC w AND NOW, this 18th day of July, 2011, having been advised that the parties liave reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Oacq ine M. Verney, Esquire, Custo Conciliator