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HomeMy WebLinkAbout08-21-07 OfrrrJ-N ft-L " IN RE: GUARDIANSHIP OF ARIYANNA L. MCNEAL and AVERY M. MCNEAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-07-0648 JANET L. MCNEAL and MICHAEL F. MCNEAL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY VS NO. 07-4135 BRANDON CRU Z , Defendant ORDER OF COURT AND NOW, this 17th day of August, 2007, upon consideration of the attached stipulation of the parties and pursuant to an agreement reached in open court between the parties and their respective counsel, the terms of the stipulation attached hereto are entered as an Order of Court. By the Court, J. Barbara Sumple-Sullivan, Esquire For the Plaintiffs Mark A. Mateya, Esquire For the Defendant ;-J C.' :mlc r-) .' ,".- ( .,,) . -- ~1 f',,) ..::r- Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 INRE: GUARDIANSHIP OF ARIY ANNA L. McNEAL and AVERYM. McNEAL : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-07-0648 JANET L. McNEAL and, MICHAEL F. McNEAL, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. BRANDON CRUZ, : CIVIL ACTION - CUSTODY Defendant : NO. 07-4135 STIPULATION FOR ENTRY OF ORDER THIS A GREEMENT made the _ day of ,2007, by and between Janet L. McNeal and Michael F. McNeal (hereinafter referred to as Maternal Grandparents), a wife and husband residing at 1050 Hemlock Lane, Enola, Cumberland County, Pennsylvania 17025, and Brandon Cruz (hereinafter referred to as Father), an adult individual residing at 500 Geneva Drive, Apt. G4, Mechanicsburg, Cumberland County, Pennsylvania 17055. WITNESSETH WHEREAS, the above captioned matters relate to the guardianship, legal custody and physical custody of the minor children, Ariyanna L. McNeal and Avery M. McNeal, both born July 23, 2000; I WHEREAS, Grandparents are the Maternal Grandparents of the minor children at Issue. The children and Colleen E. McNeal, natural mother of the children, had been residing with Maternal Grandparents since November, 2006. Since Colleen E. McNeal's death on April 2, 2007, Maternal Grandparents have assumed responsibility for the children and the children continue to reside with them; WHEREAS, Father is the natural father of the minor children at issue; WHEREAS, in order to secure legal authority for the children's continuation of enrollment in the same school district, as well as for the children's medical needs and the ability to manage and meet the children's financial and support needs, Maternal Grandparents filed the above captioned guardianship action on or about July 10, 2007, seeking appointment as guardians of the minor persons and estates of the children; WHEREAS, the Maternal Grandparents also initiated the above captioned custody action and simultaneously filed a Petition for Emergency Relief against Father on or about July 12,2007, after contact from the police lead them to believe that Father was going to attempt to physically remove the children from Maternal Grandparents' home. Father has not acted to physically remove the children; WHEREAS, a hearing has been scheduled on both the Petition for Appointment of Guardians of Minors' Persons and Estates and the Petition for Emergency Relief for 2 Friday, August 17,2007 at 11:15 a.m. before the Honorable 1. Wesley Oler, Jr.; WHEREAS, a custody conciliation has been scheduled in the custody matter for Thursday, August 23, 2007, at 9:30 a.m. before Custody Conciliator, Hubert X. Gilroy; WHEREAS, the parties have been able to reach an agreement on a plan which will presently avoid the necessity of hearing on the filed Petitions for Appointment of Guardians of Minors' Persons and Estates and Petition for Emergency Relief; and NOW THEREFORE, the parties, intending to be legally bound, and knowing that this stipulation shall become an order of court in each of the above captioned actions, subject to paragraph six of this Stipulation, agree as follows: 1. The recitals contained in the whereas clauses are incorporated herein by reference. 2. The parties agree that the Court shall enter an Order granting shared legal custody between Maternal Grandparents and Father. 3. The parties agree that the court shall enter an order granting to the Maternal Grandparents legal guardianship of the persons and estates of Ariyanna and Avery McNeal. Both parties acknowledge that this shall empower the 3 Maternal Grandparents to continue the children's enrollment in public school in the East Pennsboro School District where Maternal Grandparents and the children reside. This shall also allow for the children to qualify for medical insurance through medical plans offered by Maternal Grandparents' employer. Maternal Grandparents shall have the authorization to seek and secure medical care for the children, including but not limited to, enrollment in bereavement counseling at The Caring Place. 4. Maternal Grandparents shall give notice to Father of any medical problems occurring with the children and provide updates on the children's educational performance and progress. This shall include, but not be limited to, copies of their report cards. 5. The parties agree that, pending further order of court, the children shall continue in the physical custody of the Maternal Grandparents. 6. The Custody Conciliation scheduled for Thursday, August 23,2007, at 9:30 a.m. before Custody Conciliator, Hubert X. Gilroy, shall be held as scheduled, subject to the paragraphs seven through nine, below. 7. Once the children's eligibility shall be established on the medical plans of the Maternal Grandparents or within sixty days (60), whichever comes first, the 4 children will commence counseling with Pinnacle Health/Psychological Services for the purposes of evaluation of the appropriateness of the children's custodial time with Father. Pending the recommendation of the therapist or further order of Court, Respondent shall not have any independent contact with the children outside of the therapeutic setting. The counselor shall objectively assess the children's present mental and emotional health and assess the extent of bonding between the children and Father. Once this is complete, the parties will rely on the therapist's assessment to determine the extent of Father's custody time with the children. Father has indicated that it is his goal to achieve regular periods of partial custody with the children, which periods of partial custody shall include alternating weekends. Father reserves the right to seek expanded time with the children as circumstances may be deemed appropriate. 8. Further, the Maternal Grandparents and Father agree to begin joint therapeutic counseling with the hope of resolving issues of mistrust and problems which have arisen over the years since Father's relationship with Colleen. The goal of this counseling is to allow the parties to be able to communicate for the best interest of the minor children. 9. The cost of all counseling for the children and the parties shall be shared equally between Maternal Grandparents and Father. 5 10. The parties agree that this Stipulation shall be entered as an Order of Court to both dockets. 6