HomeMy WebLinkAbout03-2317TERESA L. KAHLER,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
V,
ALFRED G. BUDROW,
Defendant
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. 03 - ~ CIVIL TERM
: IN CUSTODY
PETITION FOR CUSTODY
NOW comes the plaintiff, Teresa L. Kahler, by her attorney, Harold S. Irwin, III,
Esquire, and presents the following complaint for custody, representing as follows:
1. The plaintiff is Teresa L. Kahler, an adult individual residing at 636 North
Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. The defendant is Alfred G. Budrow, an adult individual residing at 4830
Hikey Street, Dover, York County, Pennsylvania 17315 and having a mailing address of
3875 Craig Avenue, Dover, York County, Pennsylvania 17315.
3. The parties are the parents of four minor children, namely Micah M.
Budrow (born January 11, 1987, age 16 years) and Emilia E. Budrow (born February
10, 1989, age 14 years), Erik J. Budrow (born April 12, 1991, age 12) and Zena F.
Budrow (born September 9, 1994, age 8).
4. The children resided with both parties from the time of their birth until the
parties' separation in June, 1987. Since June, 1987, the children have resided
continuously with the plaintiff in Carlisle, Cumberland County, Pennsylvania, subject to
an amicable agreement between the parties for visitation and temporary physical
custody with the defendant.
5. Plaintiff has not participated as a party or witness, or in another capacity,
in other litigation concerning the custody of the children in this or another court. Plaintiff
has no information of a custody proceeding concerning the children pending in a court
of this Commonwealth, other than the existing Order filed to this term and number.
6. Plaintiff does not know of a person not a party to the Proceedings who has
physical custody of the children or claims to have custody or visitation rights with
respect to the children.
7. Plaintiff believes and therefore avers that the best interests and
permanent welfare of the children require that the parties have joint legal custody of the
children, that plaintiff have primary physical custody and that defendant have specified
periods of temporary custody and visitation with the children in accordance with a
schedule and under certain conditions which may be agreed upon at a conciliation to be
held in this matter.
WHEREFORE, plaintiff respectfully requests that the court enter an order
providing for the legal and physical custody of the children as aforesaid.
May 14, 2003
Attorney for plaintiff
35 East High Street
Carlisle, Pennsylvania 17013
(717) 243-6090
Supreme Court I.D. No. 29920
.VERIFICATION
I do hereby verify that the acts set forth in this petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
May 14, 2003
TERESA L. KAHLER
HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-6090
ATTORNEY FOR PLAINTIFF
TERESA L. KAHLER,
Plaintiff
ALFRED G. BUDROW,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 03- ..~.~/~ CIVIL TERM
: IN CUSTODY
ORDER OF COURT
NOW this J~, I~ day of May, 2003, upon consideration of the Attached
Petition for Emergency Relief, t~__. f:~:;..,!.-.-- r~.~... :~ .~'~'~"' ..... ........ ;~,.,,~,~. ~. ~
- r-..; ........... ~ ................ ~a~.,, w.e~.~l~ ~v,,, ~',,~,c.~
un[ll
~unaay
~,,;,,~ ,-.,,d u,~ i~uiiuay:5 as [ne par~les may mu[ua,y agree.
r
TERESA L. KAHLER,
Plaintiff
ALFRED G. BUDROW,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. 03. ~1 ~ CIVIL TERM
: IN CUSTODY
PETITION FOR EMERGENCY RELIEF
NOW comes the petitioner, Teresa L. Kahler, by her attorney, Harold S. Irwin, III,
Esquire, and presents this petition for emergency relief, representing as follows:
1. Petitioner is Teresa L. Kahler, (hereinafter "Mother"), the plaintiff in this
custody matter, who resides at 636 North Hanover Street, Carlisle, Cumberland
County, Pennsylvania 17013.
2. Respondent is Alfred G. Budrow, (hereinafter, "Father"), the plaintiff in this
matter, who resides at 4830 Hikey Street, Dover, York County, Pennsylvania 17315 and
has a mailing address of 3975 Craig Avenue, Dover, York County, Pennsylvania 17315.
3. The parties are the parents of four minor children, namely Micah M.
Budrow (born January 11, 1987, age 16 years) and Emilia E. Budrow (born February
10, 1989, age 14 years), Erik J. Budrow (born April 12, 1991, age 12) and Zena F.
Budrow (born September 9, 1994, age 8).
4. The children resided with both parties from the time of their birth until the
parties' separation in June, 1987. Since June, 1987, the children have resided
continuously with the Mother in Carlisle, Cumberland County, Pennsylvania, subject to
an amicable agreement between the parties for visitation and temporary physical
custody with the Father.
5. Mother made advance arrangements with Father to have all four of the
parties' children stay with the Father from May 9, 2003 through May 20, 2003 at the
latest, while Mother was away on vacation. The parties specifically agreed that upon
her return, the children would be returned to her.
6. While on vacation, on May 10, 2003, Mother discovered that Father had
taken the two older children back to Mother's home and abandoned them there and
removed the parties' two youngest children from Carlisle School District and enrolled
them in Dover School District without Mother's knowledge or permission.
7. Mother ended her vacation and retumed to Carlisle on May 13, 2003. On
May 14, 2003, Mother attempted to retrieve the children from Dover School District and
return them home; however, Father refused to permit her to do so.
8. Simultaneously herewith, Mother has filed a complaint for custody in this
jurisdiction. However, she believes that the best interests of the children would be best
served by the Court granting her primary physical custody of the children pending
conciliation, subject to periods of temporary physical custody with the Father every
weekend as had been the parties' custom prior to Father's recent unilateral actions.
9. Mother believes that taking the children out of Carlisle School District and
into a new environment so late in the school year as well as removing them from the
company and relationship of their older siblings will be extremely detrimental to the
children's welfare.
WHEREFORE, petitioner prays this Honorable Court enter an Emergency
Custody Order awarding Mother primary physical custody of the children as aforesaid.
May 14, 2003
VERIFICATION
I, the undersigned, do hereby verify that the facts set forth in this petition are true
and correct to the best of my knowledge and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
May 14,2003
TERESA L. KAHLER
HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(7t 7) 243-6090
ATTORNEY FOR PLAINTIFF
YItRESA L. KAHLER,
Plaintiff
ALFRED G. BUDROW,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:
:NO. 03- c~l 7CIVILTERM
: IN CUSTODY
ORDER OF COURT
NOW, this day of May, 2003, in consideration of the attached petition, it
is hereby directed that the parties and their respective counsel appear before Hubert X.
Gilroy, Esquire, the conciliator, on the 4th Floor, Cumberland County Courthouse, on
the__ day of ,2003, 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 define and narrow the issues to be heard by the
Court and to enter into a temporary order. Failure to appear at this conference may
provide grounds for entry of a temporary or permanent order.
By the Court,
By:
Custody Conciliator
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, PA 17013
(717) 249-3166
TERESA L. KAHLER,
Plaintiff
ALFRED G. BUDROW,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:NO. 03- ~/r~ CIVIL TERM
: IN CUSTODY
PETITION FOR CUSTODY
NOW comes the plaintiff, Teresa L. Kahler, by her attorney, Harold S. Irwin, III,
Esquire, and presents the following complaint for custody, representing as follows:
1. The plaintiff is Teresa L. Kahler, an adult individual residing at 636 North
Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. The defendant is Alfred G. Budrow, an adult individual residing at 4830
Hikey Street, Dover, York County, Pennsylvania 17315 and having a mailing address of
3875 Craig Avenue, Dover, York County, Pennsylvania 17315.
3. The parties are the parents of four minor children, namely Micah M.
Budrow (born January 11, 1987, age 16 years) and Emilia E. Budrow (born February
10, 1989, age 14 years), Erik J. Budrow (born April 12, 1991, age 12) and Zena F.
Budrow (born September 9, 1994, age 8).
4. The children resided with both parties from the time of their birth until the
parties' separation in June, 1987. Since June, 1987, the children have resided
continuously with the plaintiff in Carlisle, Cumberland County, Pennsylvania, subject to
an amicable agreement between the parties for visitation and temporary physical
custody with the defendant.
5. Plaintiff has not participated as a party or witness, or in another capacity,
in other litigation concerning the custody of the children in this or another court. Plaintiff
has no information of a custody proceeding concerning the children pending in a court
of this Commonwealth, other than the existing Order filed to this term and number.
6. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the children or claims to have custody or visitation rights with
respect to the children.
7. Plaintiff believes and therefore avers that the best interests and
permanent welfare of the children require that the parties have joint legal custody of the
children, that plaintiff have primary physical custody and that defendant have specified
periods of temporary custody and visitation with the children in accordance with a
schedule and under certain conditions which may be agreed upon at a conciliation to be
held in this matter.
WHEREFORE, plaintiff respectfully requests that the court enter an order
providing for the legal and physical custody of the children as aforesaid.
May 14, 2003
AH~ttorney for plaintiff
35 East High Street
Carlisle, Pennsylvania 17013
(717) 243-6090
Supreme Court I.D. No. 29920
VERIFICATION
I do hereby verify that the acts set forth in this petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
May 14, 2003
TERESA L. KAHLER
TERESA L. KAHLER,
Plaintiff
Vo
ALFRED G. BUDROW,
Defendant
IN RE:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 03-2317 CIVIL TERM
: IN CUSTODY
TEMPORARY CUSTODY
ORDER OF COURT
AND NOW, this 22nd day of May, 2003, after
hearing, it is hereby ordered and directed as follows:
1. The parties shall share joint legal custody of
their children, Micah Budrow, Emilia Budrow, Erik Budrow and
Zena F. Budrow.
2.
said children.
Mother shall have primary physical custody of
Provided, however, that Erik and Zena shall
reside with Father during the weekdays until the final day of
school. The children shall reside with Mother on the weekends
and holidays until the end of school, and on the weekdays
thereafter.
Father shall be entitled to visitation with the
children every weekend from Friday until Sunday.
This is a temporary order only in an attempt to
restore the status quo pending conciliation and/or further
hearing.
Edward E. Guido, J.
/~Foarrold S. Irwin, III, Esquire
the Plaintiff
s R. Nell, Esquire
he Defendant
srs
JUN ~g Z§03~
TERESA L. KAHLER,
Plaintiff
V.
ALFRED G. BUDROW,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 2003-2317 CIVIL TERM
:
: IN CUSTODY
ORDER OF COURT
AND NOW, this/~'~A day Ofnc~' ,2003, upon
consideration of the attac~ody Co il[iation Report, it is ordered and directed as
follows:
1. A Hearing is scheduled in Court Room No.~~'''' , of the Cumberland
County Court House, onthe Il~'~ dayof ~ ~2-003, at ~':~
o'clock,~ . M., at which time testimony will be taken. For purposes of this Hearing,
the Mother shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be expected to testify at the Hearing and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least ten days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the following
shall remain in effect:
3. The prior Order of Court dated May 22, 2003 is hereby vacated.
4. The Mother, Teresa L. Kahler, and the Father, Alfred G. Budrow shall
have shared legal custody of Micah M. Budrow, bom January 11, 1987, Emilia E.
Budrow, bom February 10, 1989, Erik J. Budrow, bom April 12, 1991 and Zena F.
Budrow, bom September 9, 1994. Each parent shall have an equal right, to be exercised
jointly with the other parent, to make all major non-emergency decisions affecting the
children's general well-being including, but not limited to, all decisions regarding their
health, education and religion.
5. Mother shall have primary physical custody of the children.
6. Father shall have periods of partial physical custody of the children every
weekend from Friday to Sunday at times agreed by the parties.
7. Both parties shall be entitled to two non-consecutive weeks of custody
with the Children during the summer at times agreed by the parties.
8. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this Order shall control.
Edward E. Guido, J.
ccr/f-I, grold S. Irwin, III, Esquire, counsel for Mother
,/Thomas R. Nell, Esquire, counsel for Father
TERESA L. KAHLER,
Plaintiff
V.
ALFRED G. BUDROW,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: 2003-2317 CIVIL TERM
: CIVIL ACTION - LAW
:
: IN CUSTODY
PRIOR JUDGE: Edward E. Guido, J.
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 Children who are the subject of
this litigation is as follows:
NAME
DATE OF BIRTH CURRENTLY IN CUSTODY OF
Micah M. Budrow
Emilia E. Budrow
Erik J. Budrow
Zena F. Budrow
January 11, 1987
February 10, 1989
April 12,1991
September 9, 1994
Mother
Mother
Mother
Mother
2. A Conciliation Conference was held in this matter on June 17, 2003.
Mother, Teresa L. Kahler, was present with her counsel, Harold S. Irwin, III, Esquire, and
Father, Alfred G. Budrow, was present with his counsel, Thomas R. Nell, Esquire.
3. The Honorable Edward E. Guido entered an Order of Court dated May 22,
2003, providing for shared legal custody, Mother with primary physical custody and
Father every weekend, except that the two younger children were permitted to remain
with Father until the end of school.
3. The parties separated in 1997. Mother has had primary physical custody
of the children since that time. Father has had periods of partial physical custody on
every weekend. Recently, Father transferred the children to his school district while
Mother vacationed. By interim Order, the two younger children were permitted to
remain at Father's until the conclusion of the school year but were then returned to
Mother's primary physical custody, as were the two older children, previously.
4. Mother's position on custody is as follows: Mother seeks to maintain the
status quo. She maintains that she has had primary physical custody of the children since
the parties separated in 1997. The children have attended the same schools, are involved
in their schools and community and have established friends in the area.
5. Father's position on custody is as follows: He seeks primary physical
custody maintaining that the children have requested to live with him. He submits that
Mother's behavior has become erratic, with her spending excessive time on the internet
and recently travelling to Las Vegas to meet an internet "boyfriend."
6. Both parties are considering a custody evaluation but ask that a hearing be
scheduled while they explore that possibility.
7. The Conciliator recommends an Order in the form as attached providing
for shared legal custody, Mother having primary physical custody with Father having
partial physical custody every weekend. Each party is to have two non-consecutive
weeks in the summer. It is requested that the hearing be scheduled prior to the start of the
new school year. It is expected that the hearing will require one day.
Date
ine M Vemey, Esquire U
/Jacqu~. in_e M...
Custody Concthator
CUSTODY AGREEMENT
THIS AGREEMENT made and entered into this Z~4~ day of~1~,'2003,
between, Al Budrow, residing at 4830 Hikey StreeX, Dover, Pennsylvania
17315, hereinafter referred to as the "Father", and Teresa Kahler, residing at
636 North Hanover Street, Carlisle, Pennsylvania 17013 hereinafter referred
to as the *'Mother".
In consideration of the mutual covenants and. undertakings herein
contained, and for other good and valuable consideration, Father and Mother
agree as follows:
WITNESSETH:
WHEREAS, there has been four children bom of this relationship:
Micah M. Budrow
Emilia E. Budrow
Eric J.G. Budrow
Zena F. Budrow
bom on January 11, 1987;
bom on February I0, 1989;
bom on April 12, 1991; and
bom on September 9, 1994.
NOW, THEREFORE, in consideration of the promises and the mutual
promises and undertakings herein contained, and for other good and valuable
considerations, the parties agree:
I. CUSTODY. Father and Mother shall have joint legal
custody of the children. Joint legal custody means the right of both parties to
control and to share in making decisions of importance in the life of their
children, including educational, medical, and religions decisions. Both parties
shall be entitled to equal access to a children's school, medical, dental and
other important records.
As soon as practical 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 notil~ the other
of any medical, dental, optical, and other appointments of a children with
health care providers, sufficiently in advance thereof so that the other party
can attend.
COMMONWEALTH OF PENNSYLVANIA :
:SS:
COUNTY OF CUMBERLAND :
On this, the ,~¢l~day of Ju/~,, 2003, before, the undersigned officer, appeared
ALFRED G. BUDROV[¢, known to me ( or satisfactorily proven ) to be the same person
whose name is subscribe~-t(~the wi-thin instrument, and acknowledged that he executed
this agreement for the purposes therein contained.
IN WITNESS WHEREOF, I ~hef~eanto. set rn, y hand and * seal.
~ ~ ~ ~o.~ ~.~u~ / ~ta~ ~Iic
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:SS:
On this, the Z-"/_~ day of ~]2003, before, the undersigned officer, appeared
TERESA L. KAHLER, known to me ( or satisfactorily proven ) to be the same person
whose name is subscribed to the within instrument, and acknowledged that she
executed this agreement for the purposes therein contained.
IN WITNESS WHEREOF, I hereunt~ seamy hand and official seal.
//-,/I
"Ro at.fy Public ~
"OTAR LSE*' I
' HAROLD S. IRWIN, III, NOTARY PUBUC ~
CARLISLE BOROUGH, COUN~Y OF CU,M, RERLAND J
MY COMMISSION D6~,~ OCTOBER..~2. 2006 !
(SEAL)
HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(7t7) 243-6090
ATTORNEY FOR pLAINTIFF
TERESA L. KAHLER,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
v.
ALFRED G. BUDROW,
Defendant
CUMBERLAND cOUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03 - 23t'/CIVIL TERM
IN cUSTODY
ORDER OF COURT
NOW, this ~J~l~ day of 2003, upon presentation and consideration of the
attached Stipulation and Agreement and upon agreement of the parties, it is hereby
ordered and decreed that the attached agreement is made an Order of Court.
CUSTODY AGREEMENT
THIS AGREEMENT nmde and entered into this 170~ day of October, 2003,
between, Al Bud
17315, hereinaR~
636 North Hano~
to as the "Mothe
In conside
contained, and t~
agree as follows:
WHEREAS, th~
Micah M. Budr¢
Emilia E. Budro'
Eric J.G. Budro~
Zena F. Budrow
NOW, T}
promises and un
considerations,
I. CI
custody of the c]
control and to si
children, includi
shall be entitled
other important
As soon ~
school scbedule
notices shall be
of any medical,
health care prov
can attend.
'ow, residing at 4830 Hikey Street, Dover, Pennsylvania
,r referred to as the "Father", and Teresa Kahler, residing at
,er Street, Carlisle, Pennsylvania 17013 hereinafter referred
~tion of the mutual covenants and ~mdertakings herein
other good and valuable consideration, Father and Mother
WITNESSETH:
,re has been four children bom of this relationship:
W
bom on Jan~,ry 11,. 1987;
bom on February 10, 1989;
bom on April 12, 1991; and
bom on September 9, 1994.
IEREFORE, in consideration of the promises and the mutual
tertakings herein contained, and for other good and valuable
he parties agree:
STODY. Father and Mother :shall have joint legal
fildren. Joint legal custody means the right of both parties to
are in making decisions of importance in the life of their
ag educational, medical, and religious decisions. Both parties
to equal access to a children's school, medical, dental and
v~ords.
s practical after receipt by a party, copies of the children's
I, special events notifications, report cards, and s.'~m~.
>rovided to the other party. Each party shall notify the other
iental, optical, and other appointments of a children with
[ders, sufficiently in advance thereof so that the other party
(c). Tha~
constitutes the en
supersedes any
has made any re[
set forth in this
each understands and agrees that fl~is Agreement
tire contract of the parties and that this Agreement
~d all prior agreements between the parties. Neither party
resentations, promises or warranties to the other except as
greement.
The Parties stipt~ate that this agreemem is to be entered as an Order of the
Court.
IN WITNESS ~
on the date and'
Mother
Witnesses as to i
STATE OF PEh
COUNTY OF _(
The fore
before me this
to t-ne, or pro&
an oath that the
knowledge ~
Notary Pub~i(c si
HEREOF; the parties have hereunto set their hands and seals
ear first above written.
]Father
Father
~ing instrumem Custody Agreement was acknowledged
~h day of October, 2003, by Al Budrow - personally known
ed the following identification v/
~ L~t~_e~$~ , and who did __ did not take
~.atters set forth herein are tree and correct to the best of their
NOTARIAL SEAL
DARCIE A. NELL, Notary Pul:
Carlisle, Cambefland Count
M~ ommmt~lefl ~=~plres Nov. 24,
Notary Public n ne typed, printed, or itamped
~00s I
CUSTODY AGREEMENT
THIS AGREEMENT nmde and entered into this 13~ day of October, 2003,
between, Al Budrow, residing at 4830 Hikey Street, Dover, Pennsylvania
17315, hereinafter referred to as the "Father", and Teresa Kahler, residing at
636 North HanOver Street, Carlisle, Pennsylvania 17013 hereinat~er referred
to as the "Mother".
1
· In considgmtion of the mutual covenants and undertakings herein
contained, and for other good and valuable consideration, Father and Mother
agree as follow~:
WITNESSETH:
WHEREAS, there has been four children bom oftlfis relationship:
Micah M. Budn
Emilia E. Budrc
Eric J.G. Budro'
Zena F. Budro~
NOW, TI
promises and tm
considerations,
I. CI
custody of the cl
control and to st
children, includi
shall be entitled
other important 1
As soon a
school schedule.,
notices shah be
of any medical,
health care prov
can attend.
}W
W
¥
bom on January 11, 1987;
bom on February 10, 1989;
bom on April 12, 1991; and
bom on September 9, 1994.
IEREFORE, in consideration of the promises and the mutual
dertakings herein contained, and for other good and valuable
he parties agree:
STODY. Father and Mother :shall have joint legal
dldren. Joint lega! custody means the n.'ght of both parties to
are in making decisions of importance m the life of their
~g educational, medical, and religious decisions. Both parties
Io equal access to a children's school, medical, dental and
ecords.
practical after receipt by a party, copies of the children's
special events notifications, report: cards, and similar
rovided to the other party. Each party shall notify the other
rental, op.~tical, an.d other appointments of a children with
tiers, sumciently m advance thereof so that the other party
Notwithstanding that both parents share legal custody, non-major
decisions involviag a children's day-to-day living shall be made by the parent
then having custOdy, consistent with the other provisions of this Agreement.
Primary pt 'sical custody of the children Emilia E. Budrow, Eric J.G.
Budrow, Zena F. ludrow, and Micah M. Budrow shall be with the Father.
Partial ph3
away from the ct
have partial phys
Weekends
The Moth~
alternating week,
Mother's
one day per wee]
event that the pa
custody the defa]
notice to the oth~
up of the childr~
vacation time wi
the Father. Ad&
agreement of the
withheld.
In even n
8:00 p.m. on De,
custody of the cl
26. In Odd numb
New Years Day,
will be altemate~
numbered ye.al?,
and Thankstovm
Year's Day, Me
schedule will be
Mother will haw
transportation re
Transport
children. At all
restraints when 1
the children shal
alcoholic beve~
In the eve
exchange, in the
parent picking u
who is late has ~
be forfeited, an~
children.
ical custody is the right to take possession of a children
todial parent for a certain period of time. The Mother shall
leal custody oftbe children as follows:
~ shall have partial physical custody of the children on
~'nds from Friday at 6:00 p.m. until Sunday at 6:00 p.m.
omi,al vhvsical custody schedule with the children will be
:'as the i~a~ties agree (from 5:00 p.m. until 9:00 p.m.). In the
ties cannot agree to the day of the week for partial physical
dt day shall be Wednesday. Each parent will give as much
.,r as is possible in advance of any cl~nges regarding the pick
i. Mother will have the option .of ha,ving two (2) weeks of
h the children in the summer with filmy (30) days notice to
tional visitation of the children upon one (1) week notice and
mt'ties, which agreement shall not be unreasonably
a~bered years, Father will have custOdy of the children from
:ember 24 until noon on December :25, and Mother will have
dldren from noon on December 25 until noon on December
,~red years, this schedule will be reversed. The holidays of
Memorial Day, 4.th of July, Labor [)ay, and Thanksgiving
I between the pames in the follow.~tg manner: ~ even
Father will have custody of the children on the 4 TM of July,
g, and Mother will have custody of the children on New
norial Day, and Labor Day. In Odd numbered years, this
reversed. Father will have the children on Father's Day.
,' the children on Mother's Day. The parties will share in the
qulred to carry out the various custody s.che~t, ules.
~tion shall be provided by the party that rs p~cking up the
:imes the children shall be secured in appropriate passenger
eing transported in a motor vehicle. No person Wansporting
l consume alcoholic beverages nor be under the influence of
ges prior to or during transport of the children.
at that any party is more than 20 minutes late for an
absence of a telephone call or other communication from the
~ the children, the other party may assume that the parent
h°sen not to exemise that period of custody, the periOd will
the other party will be free to make,' other plans with the
2
(c).
constitutes the e
supersedes any ~
has made any re
set forth in this
The Parties stipt~ate that this
Court. ~
That each understands and agrees that this Agreement
fftre contract of the parties and that this Agreement
a~d all prior agreements between tha parties. Neither party
~resentations, promises or warranties to the other except as
agreement.
agreemem is to be entered as an Order of the
IN WITNESS
on the date and
Mother
Witnesses as to
STATE OF PE~
COUNTY OF
The fore
before me this
to/ne, or pro&
an oath that the
q-IEREOF; the parties have hereunto set their hands and seals
'ear first above writter~
[NSYLVANiA
knowledge
Notary Pu~'~lic si
Father
Father'
oing insmnnent Custody Agreement was acknowledged
7th day of October, 2003, by Al Budrow - personally known
:ed the following identification
~ [J~0_o~$~ ,andwho v/did didnottake
a~atters set forth herein are tree and correct to the best of their
~ellef.
NOTARIAL SEAL
DARCIE A. NELL, Notary Pul:
Carlisle, Cumberland Coun~
O~mml~stefl [~ires Nov. 24,
Notary Public ye typed, 'printed, or stamped
4
!o05
IN THE COU 1.T OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
TERESA L. IQ
ALFRED G. BI
AND NO
the within Custo
HEREBY ORD]
an Order of Cou
HLER, : NO: 03-2317
Plaintiff :
IDROW, : IN CUSTODY
Defendant
COUaT
~/, this ~)~
day of October, 2003, after due consideration of
dy Agreement and upon agreement ,of the parties, it is
LRED and DECREED that the attached agreement is made
BY THE COURT,