Loading...
HomeMy WebLinkAbout01-04622Kathy L. Downs, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. N0.2001-if(oaa CIVIL TERM Robert W. Downs, III, DEFENDANT : IN CUSTODY CUSTODY ORDER AND NOW, thisday of, , 2001, the attached Stipulation regarding custody of the parties' child: Robert Williams Downs, IV, born July 13, 1994, is entered as an Order of Court which shall remain in effect pending further Order of Court. Joan Carey, Attorney for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 Robert Downs, III, Defendant 1316 West Lisburn Road Mechanicsburg, PA 17055 ~t~~,nr~,s~r~~fl~hann :g 4~ ~3- Jib _~' L - ~~ -~ ":-ii_ ~~ 91tl rFR1~ EBeRe~} [aFS ~~ tvuiy^a g`y{^A~o-2k'~5~i'~IDaW~tD~IS~X~'AR! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -LAW KATHY L. DOWNS, Plaintiff NO. v i- Y o a- ~- Civil Term 5. ROBERT W. DOWNS, HI, IN CUSTODY Defendant STIPULATION FOR ENTRY OF CUSTODY ORDER The parties to this action, KATHY L. DOWNS (hereinafter referred to as "MOTHER"), and ROBERT W. DOWNS, HI (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve all outstanding issues concerning custody with respect to the minor child; ROBERT WILLIAM DOWNS, IV, born July 13, 1994, hereby stipulate and agree to the entry of an Order of Court awazding custody of ROBERT as follows: I. LEGAL CUSTODY (a) MOTHER and FATHER agree to shaze legal custody of their child, BOBBY. All decisions affecting Bobby's growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following an harmonious policy in the child's best interest. These decisions include, but are not limited to, religious, educational and medical. (b) Each parent agrees to keep the other informed of the progress of Bobby's education ,,;, and social adjustments. Each parent agrees to give support to the other in the role as parent and to take into account the concerns of the other for the physical and emotional well-being of their son. (c) While in the presence of Bobby, neither parent shall make, or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their son should respect and love. (d) It shall be the obligation of each parent to make Bobby available to the other in accordance with the physical custody schedule and to encourage him to participate in the plan hereby agreed and ordered. (e) Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. Each parent shall provide the other with a current telephone number and address for contact. (f) The parents shall communicate directly with one another concerning any parenting issues requiring consultation and agreement and regarding anyproposed modifications to the physical custody schedule which may, from time to time, become necessary. (g) With regard to any emergency decisions which must be made, the parent with physical custody of Bobby at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, the parent with physical custody making an emergency decision shall inform the other of the emergency and consult with her/him as soon as possible. Day-to-day decisions of a routine nature, including those related to medical care, shall be the responsibility of the parent having physical custody at the time. (h) Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a pazent. Such documents include, but are not limited to, medical reports, academic and school report cazds, birth certificates, etc. Both parents may, and are encouraged to, attend school conferences and activities, as their schedules permit. Both parents' names shall be listed with Bobby's school for contact, and both parents shall be entitled to copies of report cards and all notifications of major school events. (i) Neither parent shall schedule activities or appointments for their son which would require his attendance or participafion at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. II. PI3YSICAL CUSTODY The parents agree that they shall share physical custody of Bobby. (a) The usual physical custody schedule shall be that Bobby will sleep at MOTHER'S home Monday through Friday nights; and at FATHER'S home Saturday and Sunday nights. MOTHER and FATHER both agree to be flexible with this custody arrangement. (b) When MOTHER is working, FATHER shall care-for Bobby. When FATHER is working, MOTHER shall care for Bobby. (c) Both pazents shall have summer vacation with Bobby each year. The parents shall give each other written notice of their chosen vacation time. In the event that both pazents choose the same time, the parent who gives first notice shall prevail. Holidays and Special Occasions (d) Folidays, including Easter, Memorial Day, the Fourth of July, Labor Day, Thanksgiving, Christmas and New Yeazs shall be shared between the pazents each year as they can agree. It is the intention of MOTHER and FATHER that Bobby have the opportunity to see both of his parents and his extended family members on the holidays as he has done since his birth. (e) Bobby shall be with MOTHER on Mother's Day weekend and with FATHER on Father's Day weekend. (f) Both parents shall have the opportunity to see Bobby on his birthday, and on each of their birthdays. (g) The schedules for all holidays, special occasions and vacations shall take priority over the regular weekly schedule. III. TELEPI~IONE PRIVILEGES MOTHERandFATHERagreethatthere shall be reasonabletelephone access between Bobby and both of his pazents. Bobby shall be permitted reasonable telephone access to-place calls to his pazents. IV. MODIFICATION Both parents agree that, by their mutual consent, an expanded or altered schedule may be agreed upon between them for and in the best interests of their son. V. ENTRY OF ORDER OF COURT The parents agree that this A~eement shall be submitted to the Court of Common Pleas of Cumberland County for approval and for entry ofan Order awarding custody as set forth herein, and the parents hereby request that this Honorable Court enter such an Order. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. Dat ~ ess KATHY L DOWNS 'p~ 4 ~- ~ V l.~ r ~~ D to tness ROBERT W. DOWNS, III 1 J Q .. ~sx~.-: _, --~~~ _~aw~~a~. ~~ "rFa~memrwn z~.m;Rjt«ID,a,.c7~C ~1UG D ~ coop Kathy L. Downs, PLAINTIFF VS. Robert W. Downs, III, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001- ~/(y~IVIL TERM IN CUSTODY CUSTODY ORDER nd AND NOW, this ~ day of, ~ , 2001, the attached Stipulation regarding custody of the parties' child::ftobert Williams Downs, IV, born July 13, 1994, is entered as an Order of Court which shall remain in effect pending further Order of Court. S Judge Joan Cazey, Attorney for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Cazlisle, PA 17013 Robert Downs, III, Defendant 1316 West Lisburn Road Mechanicsburg, PA 17055 TRUE Cppy 10 Tectinwny wham end ~ sell of sai C FR®M REQ~p I here unto set rrry- n~~ at Carlisle, Pa. s ~ .. „ .. _.. __ __- . _ _ 1 _--e,.~-,~.-.._. _ _ . e__ •_ 1 ¢4 A x + 7 IN THE CURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -LAW KATHY L. DOWNS, Plaintiff NO. v 1-y~ a a Civil Term 5. ROBERT W. DOWNS, III, IN CUSTODY Defendant STIPULATION FOR ENTRY OF CUSTODY ORDER The parties to this action, KATHY L. DOWNS (hereinafter referred to as "MOTHER"), and ROBERT W. DOWNS, III (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve all outstanding issues concerning custody with respect to the minor child; ROBERT WILLIAM DOWNS, iV, born July 13, 1994, hereby stipulate and agree to the entry of an Order of Court awarding custody of ROBERT as follows: I. LEGAL CUSTODY (a) MOTHER and FATHER agree to share legal custody of their child, BOBBY. All decisions affecting Bobby's growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following an harmonious policy in the child's best interest. These decisions include, but are not limited to, religious, educational and medical. (b) Each parent agrees to keep the other informed of the progress of Bobby's education and social adjustments. Each parent agrees to give support to the other in the role as parent and to take into account the concerns of the other for the physical and emotional well-being of their son. (c) While in the presence of Bobby, neither parent shall make, or permit any other person to make, any remazks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their son should respect and love. (d) It shall be the obligation of each parent to make Bobby available to the other in accordance with the physical custody schedule and to encourage him to participate in the plan hereby agreed and ordered. (e) Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. Each parent shall provide the other with a current telephone number and address for contact. (f) The parents shall communicate directly with one another concerning any parenting issues requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule which may, from time to time, become necessary. (g) With regard to any emergency decisions which must be made, the parent with physical custody of Bobby at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, the parent with physical custody making an emergency decision shall inform the other of the emergency and consult with her/him as soon as possible. Day-to-day decisions of a routine nature, including those related to medical care, shall be the responsibility of the pazent having physical custody at the time. (h) Each parent shall be entitled to complete and full information from any doctor, dentist, + ~ teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may, and aze encouraged to, attend school conferences and activities, as their schedules permit. Both parents' names shall be listed with Bobby's school for contact, and both pazents shall be entitled to copies of report cazds and all notifications of major school events. (i) Neither pazent shall schedule activities or appointments for their son which would require his attendance or participation at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. II. PHYSICAL CUSTODY The parents agree that they shall share physical custody of Bobby. (a) The usual physical custody schedule shall be that Bobby will sleep at MOTHER'S home Monday through Friday nights; and at FATHER'S home Saturday and Sunday nights, MOTHER and FATHER both agree to be flexible with this custody arrangement. (b) When MOTHER is working, FATHER shall care for Bobby. When FATHER is working, MOTHER shall care for Bobby. (c) Both parents shall have summer vacation with Bobby each yeaz. The parents shall give each other written notice of their chosen vacation time. In the event that both parents choose the same time, the parent who gives first notice shall prevail. Holiday and Special Occasions (d) Holidays, including Easter, Memorial Day, the Fourth of July, Labor Day, Thanksgiving, Christmas and New Years shall be shared between the parents each year as they can agree. It is the intention of MOTHER and FATHER that Bobby have the opportunity to see both of his parents and his extended family members on the holidays as he has done since his birth. (e) Bobby shall be with MOTHER on Mother's Day weekend and with FATHER on Father's Day weekend. (f) Both parents shall have the opportunity to see Bobby on his birthday, and on each of their birthdays. (g) The schedules for all holidays, special occasions and vacations shall take priority over the regular weekly schedule. III. TELEPHONE PRIVILEGES MOTHER and FATHER agree that there shall be reasonable telephone access between Bobby and both of his parents. Bobby shall be permitted reasonable telephone access to place calls to his parents. IV. MODIFICATION Both parents agree that, by their mutual consent, an expanded or altered schedule may be agreed upon between them for and in the best interests of their son. V. ENTIFY OF ORDER OF COURT The parents agree that this Agreement shall be submitted to the Court of Common Pleas of Cumberland County for approval and for entry of an Order awarding custody as set forth herein, and the parents hereby request that this Honorable Court enter such an Order. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. (j ~ ~ ~) ~ ~- r~3 k~~~ D~ / ess KAT DOWNS ,~-'-, '~ b ..~ C~~~"-'' D to mess ROBERT W. DOWNS, IiI :~_, ,gin c~ c_~ r-; r.~ -- -, ~: ~ ~ m~,, _ ~~i ~-- ~ ,j , , cn <t rv -<~_ r - ~ i _ T ~ cT G Kathy L. Downs, : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. CUMBERLAND COUNTY, PENNSYLVANIA N0.2001- ~((~a CIVIL TERM Robert W. Downs, III, Defendant :CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Kathy L. Downs, Plaintiff, to proceed in forma pauperis: I, Joan Cazey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. an Cazey, Attorney for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 -._n,-~ _ ~ ~ ~ c~~ ,~ ~ ~ c ~ 1 " ~ ~ ~, ~ ~~ ,~~ ~C; ~ s. =j..r; ~ ~ N ~ t -C G~