Loading...
HomeMy WebLinkAbout07-4832Harry M. Baturin, Esquire BATURIN & BATURIN 2604 North Second Street Harrisburg, Pennsylvania 17110 (717) 234-2427 DANIEL M. LOUDERMILK, ) IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. vs. CASE NO.: Q ~'- 'Cf~,3 ~. L, t v c(,,~~L y-~ i ANTONIA E. LOUDERNIILK, . Defendant ) CIVIL LAW -CUSTODY COMPLAINT FOR CUSTODY AND NOW, this day of 200?, comes the Plaintiff, DANIEL M. LOUDERMILK, by and through his Attorneys, the Law Offices of BATURIN & BATURIN, and files this Complaint for Custody and respectfully represents as follows: 1. The Plaintiff is, DANIEL M. LOUDERMILK, an adult individual, sui juris, who currently resides at 4 Country Side Drive, Cazlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is ANTONIA E. LOUDERMILK, an 'adult~individual, sui juris, who currently resides with Plaintiff's pazents, Gary and Lani Loudermilk, 2330 Cherry Street, San Leandro, California 94577. 3. The Plaintiff and Defendant are the n~ttiral parents of two children: RICARDO LEWIS LOUDERMILK, 7 years old, born March 21, 2004, and ERIK ANTONIO LOUDERMILK, 7 years old, born Mazch 21, 2000. Said minor children are the subject of this Custody Complaint. -- ---~, 4. Plaintiff seeks primary legal and primary physical custody of the parties' minor children, RICARDO LEWIS LOUDERNIILK and ERIK ANTONIO LOUDERMILK. 5. The aforementioned minor children aze presently in the custody of their Natural Father, DANIEL M. LOUDERMILK. 6. Since birth, the said minor children have lived at the following address with the following persons: DATE ADDRESS CUSTODY Birth to Oct 2002 3503 San Leandro Street Natural Father Oakland, CA 94601 Natural Mother Alex Geurrero Daniel Geurrero Jesus Geurrero Josefa Nevazez Oct 2002 to Dec OS 9263 Little Creek Circle Natural Father Stockton, CA 95210 Natural Mother Alex Geurrero Daniel Geurrero Dec OS to Present 4 Country Side Drive Natural Father Carlisle, PA 17103 Natural Mother Alex Geurrero Daniel Geurrero ~ ' The relationship of the Plaintiff in the ;Custody action to subject minor children is that of Natural Father. 8. The relationship of the Defendant in the Custody action to subject minor children is that of Natural Mother. 9. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the aforementioned minor children. 10. The Plaintiff has no information of a custody proceeding concerning the children 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 children or claims to have custody or visitation rights with respect to the children. 11. The best interest and permanent welfare of said minor children will be served by granting the relief requested because: a. Plaintiff/Natural Father is well able to adequately provide for the continuing health, educational needs and general welfare of said minor children; b. Plaintiff/Natural Father is well able to adequately provide for said children with a proper and wholesome environment, physically, emotionally, psychologically and socially, within which to live; c. Defendant/Natural Mother is mentally unstable :and is prone to bouts of explosive anger and she has required medical treatment to control her anger. Defendant has become physically abusive with her older children in the past and Plaintiff, NaturaUFather is concerned about the physical well-being of his natural'tninor children ~ d. Plaintiff/Natural Father has a stable home environment in which the children aze accustom to; e. Plaintiff/Natural Father's work schedule is accommodating and enables him to maintain physical custody of said minor children on a regular basis; f. It is in the best interest of the minor children generally that legal and physical custody be granted to the childrens' Natural Father, DANIEL M. LOUDERMILK, Plaintiff herein. WIiEREFORE, Plaintiff, DANIEL M. LOUDERMILK, requests this Honorable Court to grant the relief requested, and any other relief deemed appropriate, and enter a Final Order granting primary legal and primary physical custody of said minor children, RICARDO LEWIS LOUDERMILK and ERIK ANTONIO LOUDERMILK, to the Plaintiff herein, DANIEL M. LOUDERMILK Respectfully submitted, BATURIN & BATURIN By: ~ ~ . Harry M. Baturin Attorney ID #83006 2604 North Second Street Harrisburg, PA 17110 (717) 234-2427 Attorney for Plaintiff ~ , .a Dated: ~~~13~~~7 ---~, VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: S/i3/o~~~,,,:~t~e.~:s~-1r (SEAL) DANIEL M. LOUDERMILK Imo./ O c ~,3 f-" .. .l h ~ C_'-? i '1 ....a H ~ ...= i, :i u~ ~~ U ''I7 r-= -- ~~F~ _.-i c~ ..~ DANIEL M. LOUDERMILK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANTONIA E. LOUDERMILK DEFF,NDANT • 07-4832 CIVIL ACTION .LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, August 17, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 07, 2007 at 1:00 PM for aPre-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: !s1 JohnJ. Man •an r. Es 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 THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NUT 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 o~a'fna~t/ ~ ~ ~a oP- 8 ,~~~ "' ,~ '~ ra ~ r ~\ ~ 't~t'~v -,------ v~,__. ~ ''-~ 1 DANIEL M. LOUDERMILK, ) IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. y 3 G~~l rt~M vs. ) CASE NO.: 07 ~ ~ ~ ) ANTONIA E. LOUDERNIILK, Defendant ) CIVIL LAW -CUSTODY AFFIDAVIT OF PERSONAL SERVICE I hereby certify that the above-named Defendant has been personally served with the Complaint for Custody by the following: handing a copy to Defendant at (location): 233 o cf1~y ~'r -sAN ~E~ n~n~ .,~ 453~~-5'`to ^ handing a copy to (name) , an adult member of the family with whom the Defendant resides or the adult person in chazge of such residence at (location): ^ handing a copy to (name) ,the Defendant's agent in chazge of the Defendant's place of business at (name and location): Date served: Time served: L U '~~~ Print Name handing a copy at the residence of the Defendant to (name) the clerk or manager of the place of lodging where Defendant resides at (location): w..,._ I verify that the statements made in this affidavit aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. §4904,. relating to unsworn falsification to authorities. ~ ~, ~ Date• tore of Serving cer/Individual t r,a ~y C~ t+F \ ~ ~~ j ~ ~~ ~ ~~ ~ ~r a ~ -i 7 '}~ ~_ ~~~ ~~^ Via. _e a ~~ .'~ ~' Cy.. GJ ~~-t .F" '~ .~" ~-G 1 ; DANIEL M. LOUDERNIILK, Plaintiff, vs. ANTONIA E. LOUDERNIILK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07 - 4832 CIVIL CIVIL ACTION -LAW CUSTODY STIPULATED CUSTODY AGREEMENT AND NOW, this ~~ day of ©~tc~klyl 2007, the parties to this proceeding, Daniel M. Loudermilk and Antonia E. Loudermilk, agree to resolve the issue of child custody of their children Ricardo L. Loudermilk and Erik A. Loudermilk, upon agreement to be entered as an Order of Court upon approval, as per the following: 1. Plaintiff is Daniel M. Loudermilk, (hereinafter "Father"), born December 6, 1971, who resides at 4 Country Side Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Antonia E. Loudermilk, (hereinafter "Mother"), born June 13, 1965, who resides at 4 Country Side Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The children that are the subject of this proceeding are: Ricardo L. Loudermilk and Erik A. Loudermilk, (herinafter "Children"} both age 7 years, having been born March 21, 2000. 4. This matter was initiated by the filing of a Custody Complaint August 15, 2007. 5. The parties now seek to resolve their issues by written Stipulated Custody Agreement to be entered as an Order of court and they agree upon the following terms: 1 A. LEGAL CUSTODY: The parties shall have joint legal custody of the Children. Joint legal custody means the right of both parents to control and to 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 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 parry. 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. A parry shall provide complete contact information for both parties whenever emergency or contact information is requested by form or otherwise by any school, daycare provider, or treating professional. Despite this order, if any service provider or professional still requires a release for a parent to access the child's education, religious or medical information, both parents shall execute a release within ten (10) days of any written request by any other party or their counsel. Notwithstanding that both parents share legal custody, non-major decisions involving the Children's day to day living shall be made by the parent then having custody, consistent with the other provisions of the Order to be entered pursuant to this Stipulation. B. PHYSICAL CUSTODY: Effective upon Father's relocation from the family residence, the physical custody schedule shall be as follows: 2 Weekends: Mother shall have custody the first full weekend of each month from after school (or 6:00 p.m. if no school) through the following Tuesday at the start of school (or 8:00 a.m. if no school). Father shall have custody the remaining weekends each month with the exception of Sunday mornings when Father shall deliver the Children to Mother's church services and Mother shall return them to Father immediately following the completion of the services as described in Paragraph H, below. With the Sunday church exception, Father's first and third weekend custody periods shall be from Friday at 6:00 p.m. through Monday at start of school (or 8:00 a.m. if no school) and Father's other weekend custody periods shall be from Friday at 6:00 p.m. through Sunday at 6:00 p.m. ii. Weekday During School: When school is in session, Father shall be entitled to custody every Tuesday at 5:30 p.m. through Wednesday at the start of school (or 8:00 a.m. if no school) with the exception of the Tuesday prior to Father's second weekend custody period. Father shall transport the Children to school or Mother's residence, as mutually agreed by the parties. iii. Weekdays During_Summer: During the summer months, with the exception of the week of Father's second weekend custody period, Father shall be entitled to one custody period each week on Tuesday or Wednesday from 5:30 p.m. through the following day at 8:00 a.m. iv. Other Davs: Mother shall have custody of the Children at all other times. v. Agreement to Vary: The parties may vary from this schedule upon mutual agreement. C. ALTERNATE HOLIDAYS: The parties agree to alternate these holidays throughout the year: New Years Day, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, commencing with Mother exercising rights for Thanksgiving 2007, and Father exercising rights on New Years Day 2008. The holiday custody periods shall be from 8:00 p.m. the evening before the holiday to 8:00 p.m. the day of the holiday, with the exception of New Years Day which shall be from 9:30 a.m. to 8:00 p.m. D. MOTHER'S DAY AND FATHER'S DAY: Mother shall always have the right to custody of the Children on Mother's Day and Father shall always have the right to custody of 3 the Children on Father's Day. The custody period for Mother's Day and Father's Day shall be from 9:30 a.m. to 8:00 p.m. E. CHRISTMAS: In odd numbered years, Father shall have the right of custody from December 24~' at noon through December 25th at noon, with Mother having custody from December 25th at noon through December 26th at noon. In even numbered years, Mother shall have the right of custody from December 24th at noon through December 25th at noon, with Father having custody from December 25th at noon through December 26th at noon. F. VACATIONS: Each party shall be entitled to two weeks (14 days) of additional custody for the purpose of vacations upon thirty days' prior written notice to the other party. In the event the parties choose the same dates, the party providing the first written notice to the other shall be entitled to the dates selected. G. HOLIDAYS A PRIORITY: The periods of custody for holidays, vacations, or other special days set forth in this Order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of physical custody set forth previously in this Order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations. H. TRANSPORTATION: Unless otherwise agreed and with the exception of Sunday mornings, the party receiving custody shall transport the Children. Father shall provide transportation to church on Sunday mornings and Mother shall transport the Children to Father's home in Cumberland County after the church service. At all times, the Children shall be secured in appropriate passenger restraints. No person transporting the Children shall consume alcoholic 4 beverages prior to transporting the Children. No person transporting the Children shall be under the influence of any alcoholic beverages while transporting the Children. I. EXTRACURRICULAR ACTIVITIES: Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor and participate in the activities that the Children wishes to engage in. During the times that the parents have custody of the Children, they will make certain that the Children attend any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the Children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Children aze able to participate in those events. Neither parent, however, shall sign up the Children for any activity unless the Children definitely desire to attend that activity. Participation in activities which take place during the school year is contingent upon that child maintaining passing grades in school. Neither pazent shall sign up the Children for activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the Children are involved in an activity that occurs during both parents' periods of custody, both pazents shall cooperate in providing transportation of the Children to the activity. However, the custodial parent shall not be required to take the Children to that activity if the custodial pazent and Children are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the Children to the particular activity, the parent who has custody of the Children at that time shall notify the non-custodial 5 pazent, who shall be entitled to pick up and deliver the Children to the designated activity. The custodial pazent shall make certain that the Children aze ready for pickup in time sufficient to enable the Children to timely attend the activity. J. TELEPHONE CALLS: Both parties are urged to use common sense in scheduling telephone calls to talk to the Children. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to the Children, or preventing the Children from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the Children's schedule. K. DISPARAGING REMARKS: Each of the parties and any third party in the presence of the Children shall take all measures deemed advisable to foster a feeling of affection between the Children and the other party. Neither parry shall do, nor shall either parent permit any third person to do, or say anything which may estrange the Children from the other pazent, their spouse or relatives, or injure the Children's opinion of the other parry or which may hamper the free and natural development of the Children's love and respect for the other pazent. The parties will not use the Children to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. L. FINANCIAL CARE OF CHILDREN: 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. M. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the Children's heath, maintenance, and education with a view 6 towazds obtaining and following a harmonious policy in the Children's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the Children and visitation. Each party agrees to supply the name, address and phone numbers of any persons in whose care the Children will be in for a period in excess of seventy two (72) hours, and for each person or entity which may provide daycare for the Children. N. ILLNESS OF CHILDREN: Emergency decisions regarding the Children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of either Child at any time, any party then having custody of that 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, sa 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 seventy-two (72) hours and which places the child under the direction of a licensed physician. O. WELFARE OF CHILDREN TO BE CONSIDERED: The welfare and convenience of the Children shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the Children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. P. SMOKE 1 DRINK /ILLEGAL SUBSTANCES: No party shall smoke in any part of a confined area with the Children present and neither party shall permit another person to smoke in any part of a confined azea with the Children present. No party shall drink alcoholic 7 beverages to excess or consume illegal substances when in the presence of the Children, and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the Children. Q. MODIFICATION OF ORDER: 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 your own idea as to what you think the arrangements should be. The reason this Court Order is set out in detail is so both parties have it to refer to and to govern your relationship with the child and each other in the event of a disagreement. R. RELOCATION OF PARTY: The parties have negotiated the custody portions of this Agreement based upon the parties' residence in Cumberland County. If either party intends to establish residency outside of Cumberland County, he or she must give to the other at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event that the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. S. REPRESENTATION: In reaching this agreement, Father is represented by Harry M. Baturn, Esquire and Mother is represented by Linda A. Clotfelter, Esquire. This Agreement is binding and enforceable when signed by DANIEL M. LOUDERMILK AND 8 ANTO1vIA E. LOUDERMILI~. Both parties agree that this Agreement and Stipulation shall be incorporated into an Order of Court. WHEREFORE, the parties ask this Honorable Court to enter an Order in accordance with this Stipulated Custody Agreement. Respectfully submitted, Dated: ~ ~ t s ~ o-, Dated: ~'° (° ~ ~~' Dated: ~ni°s~' i Dated: t of ~ s h~ ~ M~..~„ DANIEL M. LOUDERMLK, Father/Plaintiff ONIA E. LOUDERMLK., Mather//Defendant rn~ HARRY M. BA ,ESQUIRE Attorney for Father/Plaintiff Attorney I.D. No. 83006 A, CLOTFELTER, ESQ ~ for Mother/Defendant ~ I.D. No. 72963 9 C) ~? - ~ _ ~, ~' ::CJ ~.~ - fJ1 -~ L' .7 ~. r~ `~ ' 4~ .. y ~i t4 t ''~: ~ r ~~ 3f OCT 152D07p~ DANIEL M. LOUDERMILK, ) IN THE COURT OF C~MMON PLEAS Plaintiff CUMBERLAND COU TY, PENNA. ~~ vs. CASE NO.: 07 - ~{~,.~ Z ~t u•~ ~,~ ~~ ANTONIA E. LOUDERMILK, Defendant ) CIVIL LAW - CUSTODY ~I ORDER OF COURT AND NOW, this l ~ day of ~ ~~~~ , 2007, lased upon the Stipulation of the parties, the attached Custody Agreement is hereby made an ~rder of Court. .~~„~ ~"~~ ~, ~I THE CO J. ~~ ~~' ~~ - ~ ~~~ ~~ ~~~,1~w ~~o r; ~, ~ ~,~~~ ~~ ,,~ t'z~~~~,,~~,~ J F! ~LJ CF4lD i.. I F.~41 ~VVV z o~i~~o ~ OCT 2 3 2007 DANIEL M LOUDERMILK Plaintiff, va. ANTONIA E. LOUDERMII,K, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07 -4832 CIVIL CIVII, ACTION -LAW CUSTODY COURT ORDER AND NOW this day of ~ , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: •~ A. LEGAL CUSTODY The parties have joint legal custody of the Children, Ricazdo L. Loudermilk, and Erik A. Loudermilk, born 3/21/00. Joint legal custody means the right of both pazents to control and to shaze in making decisions of importance if the life of their child, including educational, medical, and religious decisions. Both pazents shall be entitled to equal access to the 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 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 parry can attend. A party shall provide complete contact information for both parties whenever emergency or contact information is requested by form or otherwise by any school, daycare provider, or treating professional. Despite this order, if any service provider or professional still requires a release for a parent to access the child's education, religious or medical information, both parents shall execute a release within ten (10) days of any written request by any other parry or their counsel. Notwithstanding that both pazents share legal custody, non-major decisions involving the Children's day to day living shall be made by the parent then having custody, consistent with the other provisions of the Order to be entered pursuant to this Stipulation. B. PHYSICAL CUSTODY: Effective upon Father's relocation from the family residence, the physical custody schedule shall be as follows: i. Weekends: Mother shall have custody the first full weekend of each month from after school (or 6:00 p.m. if no school) through the following Tuesday at the start of school or (8:00 a.m. if no school). Father shall have custody the remaining weekends each month with the exception of Sunday mornings when Father shall deliver the Children to Mother's church services and Mother shall return them to Father immediately following the completion of the services as described in Pazagraph H, below. With the Sunday church exception, Father's first and third _~ U weekend custody periods shall be from Friday at 6:00 p.m. through Monday at start of school (or 8:00 a.m. if no school) and Father's other weekend custody periods shall be from Friday at 6:00 p.m. through Sunday at 6:00 p.m. ii. Weekdays During School: When school is in session, Father shall be entitled to custody every Tuesday at 5:30 p.m. through Wednesday at the start of school (or 8:00 a.m. if no school) with the exception of the Tuesday prior to Father's second weekend custody period. Father shall transport the Children to school or Mother's residence, as mutually agreed by the parties. iii. Weekdays During Summer: During the summer months, with the exception of the week of Father's second weekend custody period, Father shall be entitled to one custody period each week on Tuesday or Wednesday from 5:30 p.m. through the following day at 8:00 a.m. iv. Other Dam Mother shall have custody of the Children all other times. v. Agreement to Vary: The parties may vary from this schedule upon mutual agreement. C. ALTERNATE HOLIDAYS: The parties agree to alternate these holidays throughout the year: New Years Day, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, commencing with Mother exercising rights for Thanksgiving 2007, and Father exercising rights New Years Day 2008. The holiday custody periods shall be from 8:00 p.m. the evening before the holiday to 8:00 p.m. the day of the holiday, with the exception of New Years Day which shall be from 9:30 a.m. to 8:00 p.m. D. MOTHER'S DAY AND FATHER'S DAY: Mother shall always have the right to custody of the children on Mother's Day and Father shall always have the right to custody of the Children on Father's Day. The Custody period for Mother's Day and Father's Day shall be from 9:30 a.m. to 8:00 p.m. E. CHRISTMAS: In odd numbered years, Father Shall have the right of custody from December 24th at noon through December ZS at noon, with Mother having custody from December 25th at noon through December 26th at noon. In even numbered years, Mother shall have the right of custody from December 24th at noon through December 25th at noon, with Father having custody from December 25th at noon through December 26th at noon. F. VACATIONS: Each party shall be entitled to two weeks (14 days) of additional custody for the purpose of vacations upon thirty days' prior written notice to the other party. In the event the parties choose the same dates, the party providing the first written notice to the other shall be entitled to the dates selected. G. HOLIDAYS A PRIORITY: The periods of custody for holidays, vacations, or other special days set forth in this Order shall be in addition to ,and shall take precedence over, but shall not alter the schedule or sequence of regular periods of physical custody set forth previously in this Order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations. H. TRANSPORTATION: Unless otherwise agreed and with the exception of Sunday mornings, the party receiving custody shall transport the Children. Father shall provide transportation to church on Sunday mornings and Mother shall transport the Children to Father's home in Cumberland County after the church service. At all times, the Children shall be secured in appropriate passenger restraints. No person transporting the Children shall consume alcoholic beverages prior to transporting the Children. No person transporting the Children shall be under the influence of any alcoholic beverages while transporting the Children. I. EXTRACURRICULAR ACTIVITIES: Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor and participate in the activities the Children wishes to engage in. During the times that the parents have custody of the Children, they will make certain that the Children attend any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the Children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Children are able to participate in those events. Neither parent, however, shall sign up the Children for any activity unless the Children definitely desire to attend that activity. Participation in activities which take place during the school yeaz is contingent upon that child maintaining passing grades in school. Neither parent shall sign up the Children for activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the Children are involved in an activity that occurs during both pazents' periods of custody, both parents shall cooperate in providing transportation of the Children to the activity. However, the custodial parent shall not be required to take the Children to that activity if the custodial parent and Children are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the Children to the particular activity, the parent who has custody of the Children at that time shall notify the non-custodial pazent, who shall be entitled to pick up and deliver the Children to the designated activity. The custodial parent shall make certain that the Children are ready for pick-up in time sufficient to enable the Children to timely attend the activity. J. TELEPHONE CALLS: Both parties are urged to use common sense in scheduling telephone calls to talk to the Children. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to the Children, or preventing the Children from calling the other pazent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the Children's schedule. K. DISPARAGING REMARKS: Each of the parties and any third pazty in the presence of the Children shall take all measures deemed advisable to foster a feeling of affection between the Children and the other party. Neither parry shall do, nor shall either pazent permit any third person to do, or say anything which may estrange the Children from the other pazent, their spouse or relatives, or injure the Children's opinion of the other pazty or which may hamper the free and natural development of the Children's love and respect for the other pazent. The parties will not use the Children to convey verbal messages to the other pazent about the custody situation or changes in the custody schedule. L. FINANCIAL CARE OF CHII.DREN: In the event that a significant matter arises with respect to the medical care, education, or financial Gaze 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 pazent before any change is made by either parent. M. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the Children's health, maintenance, and education with a view towazds obtaining and following a harmonious policy in the Children's education and social adjustments. Each pazty agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfaze of the Children and visitation. Each party agrees to supply the name, address and phone numbers of any persons in whose care the Children will be for a period in excess of seventy two (72) hours, and for each person or entity which may provide daycare for the Children. N. ILLNESS OF CHII.DREN: Emergency decisions regazding the Children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of either Child at any time, any pazty then having custody of the 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 pazent 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 seventy-two (72) hours and which places the child under the direction of a licensed physician. O. WELFARE OF CHII,DREN TO BE CONSIDERED: The welfaze and convenience of the Children shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the Children in addressing the custodial schedule, and changes to the schedule, and any other parenting issues. P. SMOKE /DRINK /ILLEGAL SUBSTAGES: No pazty shall smoke in any pazt of a confined azea with the Children present and neither party shall permit another person to smoke in any part of a confined azea with the Children present. No parry shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the Children, and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the Children. Q. MODIFICATION OF ORDER: The parties aze free to modify the terms of this Order but in order to do so the Court makes it cleaz 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 your own idea as to what you think the arrangement should be. The reason this Court Order is set out in detail is so both parties have it to refer to and to govern your relationship with the child and each other in the event of a disagreement. R. RELOCATION OF PARTY: The parties have negotiated the custody portions of this Agreement based upon the parties' residence in Cumberland County. If either party intends to establish residence outside of Cumberland County, he or she must give to the other at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of changed circumstances. In the event that the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. S. This Order is entered pursuant to a Custody Conciliation Conference. 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. URT, J. Cc: ~da A. Clotfelter, Esquire, 5021 East Trindle Road, Ste 100, Mechanicsburg, PA 17050 ~arry M. Baturin, Esquire, 2604 North Second Street, Harrisburg, PA 17110 vdbhn J. Mangan, Esquire .6' ~0~ ty~t,~~~'i~'t `i ~''~{ ~f_' ~ 1 ~~ ~ S~ ~.~0 L~~1Z ,. DANIEL M LOUDERNIILK Plsintif~ vs. ANTONIA E. LOUDERMII~K, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07 -4832 CIVIL CIVIL ACTION -LAW CUSTODY CONCILIATION CONFERENCE SI;f1VIIVIARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation are as follows: Ricardo L. Loudermilk, and Erik A. Loudermilk, born 3/21/00. 2. The parties agreed to the entry of an Order in the form as attached. Date: Z, ~p~ Jo J. gan, Esqui Cu od Conciliator DANIEL M. LOUDERMILK, Plaintiff, vs. ANTONIA E. LOUDERMILK, Defendant Prior Judicial Assignment: ConcurrencelNonconcurrence: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07 - 4832 CIVIL CIVIL ACTION -LAW CUSTODY The Honorable Judge Edward E. Guido (See pazagraph 4) No concurrence (See pazagraph 15) PETITION FOR EMERGENCY CUSTODY RELIEF AND NOW, comes Defendant, Petitioner, Antonia E. Loudermilk, by and through her counsel, Linda A. Clotfelter, who files this Petition for Emergency Custody Relief, respectfully stating in support thereof the following: 1. Petitioner is Antonia E. Loudermilk, (hereinafter "Mother") an adult individual who resides at 4 Countryside Drive, Cazlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Daniel M. Loudermilk, (hereinafter "Father"), an adult individual who resides at 520 Meadow Croft Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties aze the pazents of two (2) minor children, namely, Ricazdo L. Loudermilk and Erik A. Loudermilk, both age 8 yeazs having been from Mazch 21, 2000. 4. On October 17~', 2007, an Order of Court executed by the Honorable Edward E. Guido, was entered based upon the parties' Stipulated Custody Agreement and a subsequent Order was entered October 25, 2007, based upon the same terms. True and correct copies of the Orders are attached hereto as Exhibits "A" and "B" and aze incorporated herein as if fully set forth. D 1 5. Mother has primary physical custody while Father has partial physical custody and the parties have been exchanging custody as per the Orders with the exception of certain times that Father has traveled. 6. The children's maternal family lives in California and the parties had relocated from California to Carlisle in 2004. 7. The children's maternal grandmother is gravely ill and she is not expected to live very long. 8. Due to Mother's dire financial circumstances, Mother's family has purchased airline tickets for Mother and the children to fly to California to see the maternal grandmother on December 18, 2008 through December 27, 2008. 9. The maternal grandmother's physician has indicated that a visit from her grandchildren that are the subject of this Petition would be beneficial for her. A true and correct copy of the physician's letter is attached hereto as Exhibit "C" and is incorporated herein as if fully set forth. 10. To date, Father has refused Mother's requests to permit the children to travel to California to see their ailing grandmother. 11. Mother firmly believes that this may be the last opportunity for the children to see their grandmother alive. 12. If Mother's request is granted, the children would have nine (9) days with their grandmother and Father would miss approximately five (5) days of custody. 13. Mother is willing to reschedule the custody periods Father would miss if this Petition is granted. 2 14. Due to Father's refusal to consent to permit the children to visit with their ill grandmother, Mother seeks an emergency order of court permitting her to take the children to California from December 18, 2008 through December 27, 2008. 15. Counsel for Mother has telephoned counsel for Father and he does not concur in Mother's Petition. WHEREFORE, Petitioner, Antonia E. Loudermilk respectfully requests that this Court enter an expedited Order of Court granting her physical custody of the parties two children from December 18, 2008 through December 27, 2008 for the purpose of a trip to California to see their gravely ill grandmother and granting such other relief as this court deems just and proper. Respectfully submitted, Date: ] By: LAW FIRM OF LINDA A. CLOTFELTER L da A. Clotfelter, Esquire A orney ID No. 72963 5 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Petitioner 3 DANIEL M. LOUDERMILK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. : N0.07 - 4832 CIVIL ANTONIA E. LOUDERNIILK, :CIVIL ACTION -LAW Defendant :CUSTODY VERIFICATION I, ANTONIA E. LOUDERMILK, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. 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: ~~ ~~ / .~ ~- TONIA E. LOU ERMILK 4 DANIEL M. LOUDERMILK, Plaintiff, vs. ANTONIA E. LOUDERMILK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07 - 4832 CIVIL CIVIL ACTION -LAW CUSTODY CERTIFICATE OF SERVICE AND NOW, on this date, the undersigned hereby certifies that a true and correct copy of the foregoing Petition for Emergency Custody Relief was served upon the interested parties by Facsimile and United States First Class Mail, postage prepaid as follows: Harry Baturin, Esquire 2604 N. Second Street Harrisburg, PA 17110 Dated: f ~ ! Cp (7 L" da A. Clotfelter, Esquire A orney ID No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Petitioner 5 _? / ~~ ~ ~ ~ ZDD7,, ,. ,/ DANIEL M. LOUDERMILK, ) Plaintiff vs. ) ANTONIA E. LOUDERMILK, Defendant ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CASE NO.: 07 - ~(~3 ~ ~~ ~~~ t,~ ~~ CIVIL LAW -CUSTODY ORDER OF COURT AND NOW, this ~ ~ ~ day of ~ ~~~ , 2007, based upon the Stipulation of the parties, the attached Custody Agreement is hereby made an Order of Court. J. ~~ ~"~"' TRUE CC}PY FROM RECOR~t ~n Testimony whereof,) here unto set mY h ~ '' ~~# the of said Court at Carilste~ Pa, ~~ 1 ~rothonote DANIEL M. LOUDERMILK, Plaintiff, vs. ANTONIA E. LOUDERMII.K, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07 - 4832 CIVIL CIVII~ ACTION -LAW CUSTODY STIPULATED CUSTODY AGREEMENT AND NOW this ~m day of ~Ct(~I:LyI 2007, the parties to this proceeding, Daniel M. Loudermilk and Antonia E. Loudermilk, agree to resolve the issue of child custody of their children Ricardo L. Loudermilk and Erik A. Loudermilk, upon agreement to be entered as an Order of Court upon approval, as per the following: 1. Plaintiff is Daniel M. Loudermilk, (hereinafter "Father"), born December 6, 1971, who resides at 4 Country Side Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Antonia E. Loudermilk, (hereinafter "Mother"), born June 13, 1965, who resides at 4 Country Side Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The children that are the subject of this proceeding aze: Ricardo L. Loudermilk and Erik A. Loudermilk, (herinafter "Children") both age 7 years, having been born March 21, 2000. 4. This matter was initiated by the filing of a Custody Complaint August 15, 2007. 5. The parties now seek to resolve their issues by written Stipulated Custody Agreement to be entered as an Order of court and they agree upon the following terms: 1 A. LEGAL CUSTODY: The parties shall have joint legal custody of the Children. Joint legal custody means the right of both parents to control and to 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 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 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 parry can attend. A party shall provide complete contact information for both parties whenever emergency or contact information is requested by form or otherwise by any school, daycare provider, or treating professional. Despite this order, if any service provider or professional still requires a release for a parent to access the child's education, religious or medical information, both parents shall execute a release within ten (10) days of any written request by any other parry or their counsel. Notwithstanding that both pazents shaze legal custody, non-major decisions involving the Children's day to day living shall be made by the pazent then having custody, consistent with the other provisions of the Order to be entered pursuant to this Stipulation. B. PHYSICAL CUSTODY: Effective upon Father's relocation from the family residence, the physical custody schedule shall be as follows: 2 i. Weekends: Mother shall have custody the first full weekend of each month from after school (or 6:00 p.m. if no school) through the following Tuesday at the start of school (or 8:00 a.m. if no school). Father shall have custody the rema;n;ng weekends each month with the exception of Sunday mornings when Father shall deliver the Children to Mother's church services and Mother shall return them to Father immediately following the completion of the services as described in Paragraph H, below. With the Sunday church exception, Father's first and third weekend custody periods shall be from Friday at 6:00 p.m. through Monday at start of school (or 8:00 a.m. if no school) and Father's other weekend custody periods shall be from Friday at 6:00 p.m. through Sunday at 6:00 p.m. ii. Weekdays During School: When school is in session, Father shall be entitled to custody every Tuesday at 5:30 p.m. through Wednesday at the start of school (or 8:00 a.m. if no school) with the exception of the Tuesday prior to Father's second weekend custody period. Father shall transport the Children to school or Mother's residence, as mutually agreed by the parties. iii. Weekdays During Summer: During the summer months, with the exception of the week of Father's second weekend custody period, Father shall be entitled to one custody period each week on Tuesday or Wednesday from 5:30 p.m. through the following day at 8:00 a.m. iv. Other Days: Mother shall have custody of the Children at all other times. v. Agreement to Vary: The parties may vary from this schedule upon mutual agreement. C. ALTERNATE HOLIDAYS: The parties agree to alternate these holidays throughout the year: New Years Day, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, commencing with Mother exercising rights for Thanksgiving 2007, and Father exercising rights on New Years Day 2008. The holiday custody periods shall be from 8:00 p.m. the evening before the holiday to 8:00 p.m. the day of the holiday, with the exception of New Years Day which shall be from 9:30 a.m. to 8:00 p.m. D. MOTHER'S DAY AND FATHER'S DAY: Mother shall always have the right to custody of the Children on Mother's Day and Father shall always have the right to custody of the Children on Father's Day. The custody period for Mother's Day and Father's Day shall be from 9:30 a.m. to 8:00 p.m. E. CHRISTMAS: In odd numbered years, Father shall have the right of custody from December 24~' at noon through December 25~' at noon, with Mother having custody from December 25~' at noon through December 26~' at noon. In even numbered years, Mother shall have the right of custody from December 24`~ at noon through December 25`~ at noon, with Father having custody from December 25~' at noon through December 26~' at noon. F. VACATIONS: Each party shall be entitled to two weeks (14 days) of additional custody for the purpose of vacations upon thirty days' prior written notice to the other parry. In the event the parties choose the same dates, the parry providing the first written notice to the other shall be entitled to the dates selected. G. HOLIDAYS A PRIORITY: The periods of custody for holidays, vacations, or other special days set forth in this Order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regulaz periods of physical custody set forth previously in this Order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations. H. TRANSPORTATION: Unless otherwise agreed and with the exception of Sunday mornings, the party receiving custody shall transport the Children. Father shall provide transportation to church on Sunday mornings and Mother shall transport the Children to Father's home in Cumberland County after the church service. At all times, the Children shall be secured in appropriate passenger restraints. No person transporting the Children shall consume alcoholic 4 beverages prior to transporting the Children. No person transporting the Children shall be under the influence of any alcoholic beverages while transporting the Children. I. EXTRACURRICULAR ACTIVITIES: Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor and participate in the activities that the Children wishes to engage in. During the times that the parents have custody of the Children, they will make certain that the Children attend any extracumculaz activities. The parties agree that they will be supportive of the activities and will transport the Children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Children are able to participate in those events. Neither parent, however, shall sign up the Children for any activity unless the Children definitely desire to attend that activity. Participation in activities which take place during the school year is contingent upon that child maintaining passing grades in school. Neither parent shall sign up the Children for activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the Children are involved in an activity that occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Children to the activity. However, the custodial parent shall not be required to take the Children to that activity if the custodial parent and Children are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the Children to the particular activity, the parent who has custody of the Children at that time shall notify the non-custodial 5 pazent, who shall be entitled to pick up and deliver the Children to the designated activity. The custodial parent shall make certain that the Children aze ready for pickup in time sufficient to enable the Children to timely attend the activity. 3. TELEPHONE CALLS: Both parties are urged to use common sense in scheduling telephone calls to talk to the Children. Both parties aze hereby directed to refrain from preventing the parent who may be calling from talking to the Children, or preventing the Children from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the Children's schedule. K. DISPARAGING REMARKS: Each of the parties and any third party in the presence of the Children shall take all measures deemed advisable to foster a feeling of affection between the Children and the other party. Neither party shall do, nor shall either parent permit any third person to do, or say anything which may estrange the Children from the other parent, their spouse or relatives, or injure the Children's opinion of the other parry or which may hamper the free and natural development of the Children's love and respect for the other parent. The parties will not use the Children to convey verbal messages to the other pazent about the custody situation or changes in the custody schedule. L. FINANCIAL CARE OF CHILDREN: 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. M. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the Children's heath, maintenance, and education with a view 6 towards obtaining and following a harmonious policy in the Children's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the Children and visitation. Each party agrees to supply the name, address and phone numbers of any persons in whose care the Children will be in for a period in excess of seventy two (72) hours, and for each person or entity which may provide daycare for the Children. N. ILLNESS OF CHILDREN: Emergency decisions regarding the Children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of either Child at any time, any party then having custody of that Child shall immediately communicate with the other parry 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 seventy-two (72) hours and which places the child under the direction of a licensed physician. O. WELFARE OF CHILDREN TO BE CONSIDERED: The welfare and convenience of the Children shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the Children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. P. SMOKE /DRINK /ILLEGAL SUBSTANCES: No party shall smoke in any part of a confined area with the Children present and neither party shall permit another person to smoke in any part of a confined area with the Children present. No parry shall drink alcoholic 7 beverages to excess or consume illegal substances when in the presence of the Children, and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the Children. Q. MODIFICATION OF ORDER: 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 your own idea as to what you think the arrangements should be. The reason this Court Order is set out in detail is so both parties have it to refer to and to govern your relationship with the child and each other in the event of a disagreement. R. RELOCATION OF PARTY: The parties have negotiated the custody portions of this Agreement based upon the parties' residence in Cumberland County. If either party intends to establish residency outside of Cumberland County, he or she must give to the other at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event that the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. S. REPRESENTATION: In reaching this agreement, Father is represented by Harry M. Baturn, Esquire and Mother is represented by Linda A. Clotfelter, Esquire. This Agreement is binding and enforceable when signed by DANIEL M. LOUDERNIILK AND 8 ANTONL4 E. LOUDERMILK. Both parties agree that this Agreement and Stipulation shaII be incorporated into an Order of Court. WHEREFORE, the parties ask this Honorable Court to enter an Order in accordance with this Stipulated Custody Agreement. Dated: ~ ~ t S I o~ Dated: ~"°l°~°~ Dated: ~n+°5~, ~ Dated: ~~~oC~)o-~ Respectfully submitted, DANIEL M. LOUDERMLK, Father/Plaintiff " TONIA E. LOUDERMLK, Mother//Defendant ~~ HARRY M. BA ,ESQUIRE Attorney for Father/Plaintiff Attorney I.D. No. 83006 A. CLOTFELTER, ES+ ~ for Mother/Defendant ~ I.D. No. 72963 9 OCT 2 3200~~`~ DANIEL M LOUDERMII.K Plaintiff, vs. ANTONIA E. LOUDERMII.K, Defendant IN THE COURT OF COMMON PLEAS OF t CUMBERLAND COUNTY, PENNSYLVANIA N0.07 - 4832 CIVIL CIVIL ACTION -LAW CUSTODY COURT ORDER AND NOW this ~, da of ~ 2007 u on consideration of the Y ~ p attached Custody Conciliation Report, it is ordered and directed that: A. LEGAL CUSTODY The parties have joint legal custody of the Children, Ricazdo L. Loudermilk, and Erik A. Loudermilk, born 3/21/00. Joint legal custody means .the right of both pazents to control and to shaze in making decisions of importance if the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the 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 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. A pazty shall provide complete contact information for both parties whenever emergency or contact information is requested by form or otherwise by any school, daycaze provider, or treating professional. Despite this order, if any service provider or professional still requires a release for a parent to access the child's education, religious or medical information, both pazents shall execute a release within ten (10) days of any written request by any other party or their counsel. Notwithstanding that both pazents share legal custody, non-major decisions involving the Children's day to day living shall be made by the parent then having custody, consistent with the other provisions of the Order to be entered pursuant to this Stipulation. B. PHYSICAL CUSTODY: Effective upon Father's relocation from the family residence, the physical custody schedule shall be as follows: i. Weekends: Mother shall have custody the first full weekend of each month from after school (or 6:00 p.m. if no school) through the following Tuesday at the start of school or (8:00 a.m. if no school). Father shall have custody the remaining weekends each month with the exception of Sunday mornings when Father shall deliver the Children to Mother's church services and Mother shall return them to Father immediately following the completion of the services as described in Paragraph H, below. With the Sunday church exception, Father's first and third tl ~`~ weekend custody periods shall be from Friday at 6:00 p.m. through Monday at start of school (or 8:00 a.m. if no school) and Father's other weekend custody periods shall be from Friday at 6:00 p.m. through Sunday at 6:00 p.m. ii. Weekdavs During School: When school is in session, Father shall be entitled to custody every Tuesday at 5:30 p.m. through Wednesday at the start of school (or 8:00 a.m. if no school) with the exception of the Tuesday prior to Father's second weekend custody period. Father shall transport the Children to school or Mother's residence, as mutually agreed by the parties. iii. Weekdays During Summer: During the summer months, with the exception of the week of Father's second weekend custody period, Father shall be entitled to one custody period each week on Tuesday or Wednesday from 5:30 p.m. through the following day at 8:00 a.m. iv. Other Davs: Mother shall have custody of the Children all other times. v. Agreement to Vary The parties may vary from this schedule upon mutual agreement. C. ALTERNATE HOLIDAYS: The parties agree to alternate these holidays throughout the year: New Yeazs Day, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, commencing with Mother exercising rights for Thanksgiving 2007, and Father exercising rights New Years Day 2008. The holiday custody periods shall be from 8:00 p.m. the evening before the holiday to 8:00 p.m. the day of the holiday, with the exception of New Yeazs Day which shall be from 9:30 a.m. to 8:00 p.m. D. MOTHER'S DAY AND FATHER'S DAY: Mother shall always have the right to custody of the children on Mother's Day and Father shall always have the right to custody of the Children on Father's Day. The Custody period for Mother's Day and Father's Day shall be from 9:30 a.m. to 8:00 p.m. E. CHRISTMAS: In odd numbered years, Father Shall have the right of custody from December 24th at noon through December 25 at noon, with Mother having custody from December 25th at noon through December 26th at noon. In even numbered years, Mother shall have the right of custody from December 24th at noon through December 25th at noon, with Father having custody from December 25th at noon through December 26th at noon. F. VACATIONS: Each party shall be entitled to two weeks (14 days) of additional custody for the purpose of vacations upon thirty days' prior written notice to the other party. In the event the parties choose the same dates, the party providing the first written notice to the other shall be entitled to the dates selected. G. HOLIDAYS A PRIORITY: The periods of custody for holidays, vacations, or other special days set forth in this Order shall be in addition to ,and shall take precedence over, but shall not alter the schedule or sequence of regular periods of physical custody set forth previously in this Order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations. H. TRANSPORTATION: Unless otherwise agreed and with the exception of Sunday mornings, the party receiving custody shall transport the Children. Father shall provide transportation to church on Sunday mornings and Mother shall transport the Children to Father's home in Cumberland County after the church service. At all times, the Children shall be secured in appropriate passenger restraints. No person transporting the Children shall consume alcoholic beverages prior to transporting the Children. No person transporting the Children shall be under the influence of any alcoholic beverages while transporting the Children. I. EX'T'RACURRICULAR ACTIVITIES: Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor and participate in the activities the Children wishes to engage in. During the times that the pazents have custody of the Children, they will make certain that the Children attend any extracurriculaz activities. The parties agree that they will be supportive of the activities and will transport the Children to and from such activities and the preparations and practice for the activities that aze scheduled, in such time so that the Children are able to pazticipate in those events. Neither pazent, however, shall sign up the Children for any activity unless the Children definitely desire to attend that activity. Participation in activities which take place during the school yeaz is contingent upon that child maintaining passing grades in school. Neither parent shall sign up the Children for activities that fall on the other pazent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the Children are involved in an activity that occurs during both pazents' periods of custody, both parents shall cooperate in providing transportation of the Children to the activity. However, the custodial parent shall not be required to take the Children to that activity if the custodial parent and Children are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the Children to the particulaz activity, the parent who has custody of the Children at that time shall notify the non-custodial pazent, who shall be entitled to pick up and deliver the Children to the designated activity. The custodial pazent shall make certain that the Children are ready for pick-up in time sufficient to enable the Children to timely attend the activity. J. TELEPHONE CALLS: Both parties aze urged to use common sense in scheduling telephone calls to talk to the Children. Both parties are hereby directed to refrain from preventing the pazent who may be calling from talking to the Children, or preventing the Children from calling the other pazent, provided that the phone calls aze not excessively frequent nor too long in duration that they disrupt the Children's schedule. K. DISPARAGING REMARKS: Each of the parties and any third party in the presence of the Children shall take all measures deemed advisable to foster a feeling of affection between the Children and the other party. Neither party shall do, nor shall either pazent permit any third person to do, or say anything which may estrange the Children from the other parent, their spouse or relatives, or injure the Children's opinion of the other party or which may hamper the free and natural development of the Children's love and respect for the other parent. The parties will not use the Children to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. L. FINANCIAL CARE OF CHILDREN: 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 pazent. M. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the Children's health, maintenance, and education with a view tAwazds obtaining and following a harmonious policy in the Children's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the Children and visitation. Each party agrees to supply the name, address and phone numbers of any persons in whose Gaze the Children will be for a period in excess of seventy two (72) hours, and for each person or entity which may provide daycaze for the Children. N. ILLNESS OF C'HII,DREN: Emergency decisions regazding the Children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of either Child at any time, any party then having custody of the 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 seventy-two (72) hours and which places the child under the direction of a licensed physician. O. WELFARE OF CHILDREN TO BE CONSIDERED: The welfaze and convenience of the Children shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the Children in addressing the custodial schedule, and changes to the schedule, and any other parenting issues. P. SMOKE /DRINK /ILLEGAL SUBSTAGES: No party shall smoke in any part of a confined area with the Children present and neither party shall permit another person to smoke in any part of a confined azea with the Children present. No parry shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the Children, and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the Children. Q. MODIFICATION OF ORDER: 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 your own idea as to what you think the arrangement should be. The reason this Court Order is set out in detail is so both parties have it to refer to and to govern your relationship with the child and each other in the event of a disagreement. R. RELOCATION OF PARTY: The parties have negotiated the custody portions of this Agreement based upon the parties' residence in Cumberland County. If either party intends to establish residence outside of Cumberland County, he or she must give to the other at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of changed circumstances. In the event that the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. S. This Order is entered pursuant to a Custody Conciliation Conference. 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. URT, J. Cc: Linda A. Clotfelter, Esquire, 5021 East Trindle Road, Ste 100, Mechanicsburg, PA 17050 Harry M. Baturin, Esquire, 2604 North Second Street, Harrisburg, PA 17110 John J. Mangan, Esquire r~ t'~~~ ~p _. r i,t y ~,~~'~ Uf'` r i tll'~ r8f1L1 I~ Test;n;om~ ~a. e seal of~~saa Court ~ i1S1 , r- DANIEL M LOUDERMQ,K Plaintiff, vs. ANTONIA E. LOUDERMILK, Defendant IN THE COURT OF COMMON PLEAS OF CU1Vl'BERLAND COUNTY, PENNSYLVANIA N0.07 -4832 CIVIL CIVIL ACTION -LAW CUSTODY CONCII,IATION CONFERENCE SUIVIIVIARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who aze the subject of this litigation are as follows: Ricazdo L. Loudermilk, and Erik A. Loudermilk, bom 3/21/00. 2. The parties agreed to the entry of an Order in the form as attached. Date: _.1~! / G ~/ Q~ _ Jo gan, Esq ' C od Conciliator Dr. Jaime O. Cortex 2647 International Blvd. Suite #404 Oakland, Ca. 94607. 510-532-:1.07Q Fax S].0-532-3166 December. 5, 2008 Re: Mrs. Josefa B. Nevarez Dob: 08/26/I921 To Whom It May Concern: This letter is to certify that Mrs. Josefa B. Nevarez has been under for over five years. During that time she has been diagnosed with various ailments, but recently she has been approved for surgical intervention in January 4, 2009. During this difficult time Mrs. Josefa B. Nevarez would benefit is her daughter,. Antonia Loudermilk and her two grandsons Ricardo and Eric Loudermilk were able to visit. If any questions arise, please contact my office. Sincer y, Dr. Jame O. Cortex t ,~ .~ ca -~." "~ .~ ~ ~`"7 -i -~ t-~i r 7..... O ~~ ~~P F ;~. ~ ~~ ~ // W ~~ - ~_ ~ { Y - ~i -~ Cµ:~ f' ! ' ~ DEC 17 2~8Gj .~'~ DANIEL M. LOUDERMILK, Plaintiff, vs. ANTONIA E. LOUDERMILK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07 - 4832 CIVIL CIVIL ACTION -LAW CUSTODY ORDER AND NOW, this_l~~ay of ~ G ~ , 2008, upon consideration of Defendant's Emergency Petition for Special Relief, it is hereby ORDERED that the Petition is ~ENi ~'~, L'r> ~+ ~~ «a,,,.,+ A.,+,.,,;o F T nll(~Prmllk shall have custnd~.,nf thP. ie ' two (2) c through or a purpose o a p o i ornia o visa eir m- ternal __-__-.~.r ~.__. _~._._~_ ~....._.~.. __ _ _ ~-~g'o~s missed~~y 1~'airitii~ during that time shall be~ rescTi~led t`"of die ~ parties In all other ~ respects, tTie ~ 6rder of ~ou~t'i~n-#.lti~.~natter _d,,~Q~ebe~~5-; ~64~~~1~`r~emaui'In-~II~`aice arir`l~~ - eI`d"~`fe 'ore~~ie- un~ei~gno m -the rland-E~iTf~i y~'a"uuselisEe Pennsylvania; cominenat. °_..~-__ ~._.__~_.____:~r-eu -- -- .--~- BY T1=IE COLTR'T, / Edward E. Guido, Judge arry M. Baturin, Esquire, Attorne for Plaintiff Y Linda A. Clotfelter, Esquire, Attorney for Defendant i~ m~~ fi 0 .~ ~~~ 8 i 3~Q $~~~