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Home My WebLink About99-04001DONNA J.BOUDER, Plaintiff VS. RODNEY L. CLOUSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. qq-qW 1 IN CUSTODY LAW CIVIL TERM ORDER OF COURT AND NOW, this / 2 Y-!) day of JU 1999, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before lhe conciliator, at Cumberland County, j Pennsylvania, on the day of t `y 1999, at C!' a) o'clockl.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. Either party may bring the children who are the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT: By: V J , ,' ;1 ustody Conciliator r1, ?1:; n •"t, ?lTl?i? Ulvet 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) 240-3166 DONNA J. BOUDER, IN THE COURT OF COMMON PLEAS OF Plaintif'f' CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99- yC)C)i CIVIL TERM RODNEY L. CLOUSER, Defendant IN CUSTODY 1. Plaintiff is Donna J. Bouder, an adult individual currently residing at 417 Pinedale Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Rodney L. Clouser, an adult individual currently residing at 447 Hunter Road, Newville, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (1) child, namely, David Alan Clouser, born, July 15, 1994. The child was born out of wedlock. During the past five (5) years or since the child's birth he has resided with the following individuals at the following addresses for the following periods of time: Name Address Dak Donna J. Bouder 417 Pinedale Road April 23, 1999 Dorothy Bouder Carlisle, PA 17013 to present Donna J. Bouder 447 Hunter Road Birth to Rodney L. Clouser Ncwville, PA 17241 April 23, 1999 The natural mother of the child is Donna J. Bouder who resides with her mother. She is single. The natural father of the child is Rodney L. Clouser who resides alone. He is single. 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. 7. Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. S. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights to the child. 9. It is in the best interest and permanent welfare of the child to grant the relief requested because: a) Mother has been the primary custodian and caretaker for the child since his birth; b) Mother has provided the primary emotional and psychological guidance for the child since his birth: and c) The child's maternal grandmother, with who the Plaintiff now resides, has been the only childcare provider other than the parents since the child's birth. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing, if necessary, to grant Plaintiff primary physical custody of his child. Respectfully submitted, GRIFFIE & ASSOCIATES ntiff 4N0o:rythHZanover e, Esquire Street Carlisle, PA 17013 (717)243-5551 (800) 347-5552 VERIFICATION I verify that 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. Section 4904, relating to unsworn falsifications to authorities. DATE: 0,49 t -rc c-` Q 7CX>LtcLi/t DONNA J. BO ER, Plaintiff (}?( Ql DONNA J. BOUDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW NO. ( _ 4?, CIVIL TERM RODNEY L. CLOUSER, Defendant IN CUSTODY AND NOW, this c9 7r-'l day of 4,1, , 1999, comes Bradley L. Griffie, Esquire, attorney for Plaintiff, Donna J. Bouder, and states that the Defendant, Rodney L. Clouser, was served with a true and attested copy of the Complaint for Custody by certified mail, restricted delivery on July 22, 1999. Respectfully submitted, GRIFFIE & ASSOCIATES Esquire 100 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to this 7 !:A day of ?i 1991. a IL"?ozh?. Notary Pub ~ Notarial Seal Robin J. Goshorn, Notary Public Carlisle Boro, Cumberland County My Commission Expires Apr. 17, 2003 Z 013 260 134 us Postal Service C/3 Receipt for Ceertifieed Meii . _ n, mum for International) Mai Sea re Postage $ Cenifled Fee apedel Delivery Fee FWstdded D,,very Fee nil ?fl?• aDanplN, fl,rM lands 2 for &waW M,4,, apdra x ,m 3, aa, and N. • ? 19160 Main to receive the , s an p°?u d address an our Mvart, of 9Y, form w s Y am to a' W Ih ue hn can M. W, rdlowing services (for an ""' roan to 04 herd of the nWlpl,oe, or en ou Wsk If do., p ,n yea don not extra fee): . ' a 7rA slum Recow aBUnsM'an Va me6 NW RN;Npl witl,how to Wean dw aN dNI M I. ? ?drea999'e Address 2 M rN , waa,i aM tfpdN, . Restdct6d Delivery ?, S e Addressed to: ' 1 ' Donsult Poetrnmter for fee. 48. Article Nuber m C0 w L. L looser- 0 3, )??? I I-?_^? LW I ?T` n4er- T? 4b. Service Type ype NON-1vllle ?Fl ?7a4I 0 Replete 1 0Express Mai ! "rtlfled J 13 insured 0 Rehm Rscso for Merchandise 0 CAD ., • fR Ived u C df?.j ri(/ (PA / 7. Date of Delivery, ;X- . nt vern6J 0. Addressee's Atldrase (onl If ? slpnetu y . ra9see or enU y end fee is peldJ requested . x at PS V - 3 ' I m 911, December 1984 102595.97.8-0I79 - Z ,J r• - L- iu r1? 1? f 7 SEP 21 1999 DONNA J. BOUDER, Plaintiff RODNEY L. CLOUSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 994001 CIVIL IN CUSTODY COURT ORDER 14 AND NOW, this o2(l? day of September, 1999, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. BY THE COURT, Hubert X. ilroy, Esq. Custody onciliator >- cr G C [: LLJ Uf. N ??- CJ ep 1 is . C 1 Cl Cl C) DONNA J. BOUDER, Plaintiff VS. RODNEY L. CLOUSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4001 CIVIL TERM IN CUSTODY ORDER OF COURT II-- AND NOW, this '7301 day of ;,G??-ts 1999, upon presentation and consideration of the within Custody Stipulation and Agreement said Stipulation and Agreement is hereby AFFIRMED as an Order of Court. All prior Orders in this matter are hereby vacated. BY THE COUR J. :19 SF? 2 J A,-I 10: 21 CL'P,t? ; ':.u COUNTY PENNSYLVANIA ' DONNA J. BOUDER, Plaintiff VS. RODNEY L. CLOUSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4001 CIVIL TERM IN CUSTODY CUSTODY STIPULATION AND A R .M NT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter written, by and between DONNA J. BOUDER, (hereinafter referred to as "Mother") and RODNEY L. CLOUSER, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of one (t) child, namely, David Alan Clouser, born July 15, 1994, (hereinafter referred as the "child"); and WHEREAS, the parties live separate and apart; and WHEREAS, the parties wish to enter into an agreement establishing arrangements relative to custody, partial custody and visitation with the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. The parties shall have shared legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child on the following schedule: A. Every other weekend from Friday afternoon following the end of Father's workday until Saturday at 5:00 p.m. and again on Sunday from 1:00 p.m. until 8:30 p.m.; and B. Every Tuesday evening from the end of Father's workday until 8:30 p.m.; and C. Every other Thursday, being the Thursday preceding the weekend when Father does not have partial custody as set forth above, from the end of Father's workday until Friday morning when Father shall deliver the child to Mother or Mother's designated childcare provider; and D. At other times as the parties may mutually agree. 4. The parties shall alternate physical custody of the child for the period from 9:00 a.m. until 8:30 p.m. on the following holidays: Easter, Memorial Day. Fourth of July, Labor Day, and Thanksgiving Day. The parties shall begin their alternating holidays by Mother having the child for Labor Day, 1999. 5. During the Christmas holiday season, Father shall always have the child from the end of his workday on Christmas Eve until 9:30 p.m. Mother shall always have the child from the period from 9:30 p.m. on Christmas Eve until 8:00 p.m. on December 25'". 6. The child shall always be with the Mother during Mother's Day and with the Father during Father's Day. If the child is not otherwise with that parent, that parent shall have the child on their respective day for the period from 9:00 a.m. until 8:30 p.m. 7. The parties shall each be entitled to take no less than one (1) full week of vacation each summer. Each party shall give the other no less than thirty (30) days written notice of their desire to exercise a one (1) week period of physical custody with the child for vacation purposes. The party first selecting such a vacation period shall be entitled to that vacation period. 8. The provisions relative to holiday and vacations shall supersede the regularly scheduled custodial arrangements. 9. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall, further, take any necessary steps to ensure that the health and well being of the child are protected. During such illness or medical emergency, each party shall have the right to visit the child as often as he/she deems consistent with the proper medical care of the child. 10. Neither parent shall do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 11. The child has lived his entire life in Cumberland County and, therefore, the parties desire that this Stipulation and Agreement be made an Order of Court by the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child, and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 12. Any permanent modification or waiver of the provision of this Agreement must be in writing and shall be effective only if made in writing and executed with the same formality as this Stipulation and Agreement. 13. The parties acknowledge that entering into this Stipulation and Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of either party. 14. The parties acknowledge that they have read and understand the provisions of this Stipulation and Agreement. Each party acknowledges that the Stipulation and Agreement is fair and equitable and that it is not the result of duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein mentioned. WITNESS: Date DONNA J. BOU ER Date RODNE CLO SER COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND On this the ,) day of - JOkoi.wvL , 1999, before me, the undersigned officer, personally appeared DONNA J. BOUDER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND l Notarial Seal Caorl 8118 P* Op. Cumberland Count' My Commission Expires Apr. 17, 2603 SS. On this the X3•'11 day of 1?44? , 1999, before me, the undersigned officer, personally appeared RODNEY L. CLOUSER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r a0lAl^SK -- 9dlnYtr6MMM w°otEmxMrE*"nMMpM jjM M? Q1?I Z,TWIM MM CF FILED-0mc,F .,•r;orrt?Y 49 SEP 21 AN 11: 14 T, II 1 1