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HomeMy WebLinkAbout09-1331TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 ROBIN HUDSON, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA v. § NO. QQ - (331 l~iv~ l (~ev-ru DANIEL HUDSON, § CIVIL ACTION - IN DIVORCE Defendant § NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 LAWYER REFERRAL SERVICE 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 ROBIN HUDSON, § Plaintiff § v. § DANIEL HUDSON, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CV DV CIVIL ACTION - IN DIVORCE AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quesjas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se la avisa que si no defiende, el caso puede proceder sin usted y decreto de divorcio o anulmiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantas Para usted. Cuando la base Para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RELAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE OR NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARR AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 ROBIN HUDSON, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA v. § NO. 09- /331 CV DV DANIEL HUDSON, § CIVIL ACTION - IN DIVORCE Defendant § COMPLAINT UNDER SECTION 3301(c OR 3301(d~ OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Robin Hudson, by and through her attorney, Tanner Law Offices, LLC, and represents as follows: 1. Plaintiff is Robin Hudson, an adult individual currently residing at 1102 West Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Daniel Hudson, an adult individual currently residing at 924 Scottish Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 20, 1992. 5. The marriage is irretrievably broken: Plaintiff and Defendant have lived separate and apart since November 25, 2008, and continue to live separate and apart as of the date of filing this Complaint. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety (90) days from the date of the filing of this Complaint, consent to this divorce. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 8. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff prays that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. COUNT I -EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(A) OF .THE DIVORCE CODE 10. Paragraphs 1 through 9 are incorporated herein by reference as though set forth in full. 11. Plaintiffand Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 12. Plaintiff and Defendant have been unable to agree as to the equitable division of said property, as of the date of the filing of this Complaint. 13. Plaintiff requests that this Court equitably divide, distribute or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that this Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT II -CUSTODY 14 15. Paragraphs 1 through 13 are incorporated herein by reference as if set forth in their full text. Plaintiff seeks primary physical custody of the following children: Name Brandon Hudson Caleb Hudson Present Address 1102 West Powderhorn Drive Mechanicsburg, PA 17050 1102 West Powderhorn Drive Mechanicsburg, PA 17050 11 (D.O.B.9/6/97) 7 (D.O.B. 5/7/01) 16. Both children were born in wedlock. 17. 18. The children are presently in the custody of the Plaintiff, Robin Hudson, who resides at 1102 West Powderhorn Road, Mechanicsburg, Pennsylvania 17050. During the last five years, the children have resided with the following persons at the following addresses: Persons : Address: Dates: Robin Hudson 1102 West Powderhorn Drive January 2009 -present Mechanicsburg, PA 17050 Robin Hudson Daniel Hudson Robin Hudson Janet Wise Robin Hudson Daniel Hudson Janet Wise Robin Hudson Daniel Hudson 1102 West Powderhorn Drive Apri12007- January 2009 Mechanicsburg, PA 17050 221 Atlanta Road Passadena, MD 21122 January 2007- Apri12007 221 Atlanta Road Passadena, MD 21122 507 Tall Oak Court Chesapeake, VA June 2006 -January 2007 October 1999 -June 2006 19. The mother of the children is Plaintiff, Robin Hudson, currently residing at 1102 West Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 20. The father of the children is Defendant, Daniel Hudson, currently residing at 924 Scottish Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 21. The relationship of the Plaintiff to the children is that of mother. 22. The relationship of the Defendant to the children is that of father. 23. Plaintiff has not participated as a party in other litigation concerning the custody of the children in a court of this Commonwealth or any other state. 24. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the children. 25. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 26. The best interests and permanent welfare of the children will be served by granting the relief requested. The quality of the children's physical, intellectual, moral and spiritual environment would be improved by Plaintiff s continued interaction in her children's lives. WHEREFORE, Plaintiff requests the Court to grant Primary Physical Custody of the Children. Respectfully submitted, Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements made herein may subject me to penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. ~/D 9 Date Robin Hudson, Plaintiff ~c a' ~` _ .~ J ~ Q .p D T~ P ~,-'r~ . n ~~ ~. c, =c' r to _. ~ cv ~~ TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 q1 Tero~ wrlw~~, I pw~ x ¢f;,:«w k~~~s a"Y hand ~d 1~ ~M.M swi t~ou~t ~ Crilrla. Pz. ROBIN HUDSON, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA § 0' 1331 v. NO. ~- CV DV DANIEL HUDSON, § CIVIL ACTION -LAW Defendant § COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Robin Hudson, by her attorney, LLC, and represents as follows: ~~ ' 1. Plaintiff, Robin Hudson, is an individual currently residing a~ 02~V Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvani~70: 2. Defendant, Daniel Hudson, is an adult individual currently residing at 924 Scottish Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks primary physical custody of the following children: Name Present Address Age Brandon Hudson 1102 West Powderhorn Drive 11 Mechanicsburg, PA 17050 (D.O.B.9/6/97) Caleb Hudson 1102 West Powderhorn Drive 7 Mechanicsburg, PA 17050 (D.O.B. 5/7/01) 4. Both children were born in wedlock. 5. The children are presently in the custody of the Plaintiff, Robin Hudson, who resides at 1102 West Powderhorn Road, Mechanicsburg, Pennsylvania 17050. 6. 7. 8. 9. 10. 11. 12. During the last five years, the children have resided with the following persons at the following addresses: Persons : Ad ess: Dates: Robin Hudson 1102 West Powderhorn Drive January 2009-present Mechanicsburg, PA 17050 Robin Hudson 1102 West Powderhorn Drive April 2007- January 2009 Daniel Hudson Mechanicsburg, PA 17050 Robin Hudson 221 Atlanta Road January 2007- Apri12007 Janet Wise Pasadena, MD 21122 Robin Hudson 221 Atlanta Road June 2006 -January 2007 Daniel Hudson Passadena, MD 21122 Janet Wise Robin Hudson 507 Tall Oak Court October 1999 -June 2006 Daniel Hudson Chesapeake, VA The mother of the children is Plaintiff, Robin Hudson, currently residing at 1102 West Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. The father of the children is Defendant, Daniel Hudson, currently residing at 924 Scottish Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. The relationship of the Plaintiff to the children is that of mother. The relationship of the Defendant to the children is that of father. Plaintiff has not participated as a party in other litigation concerning the custody of the children in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the children. 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 14. The best interests and permanent welfare of the children will be served by granting the relief requested. The quality of the children's physical, intellectual, moral and spiritual environment would be improved by Plaintiff s continued interaction in her children's lives. WHEREFORE, Plaintiff requests the Court to grant Primary Physical Custody of the Children. Respectfully submitted, Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements made herein may subject me to penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ~" 09 Robin Hudson ~ii ,_ ~= ~. J w ~ ~ 4 V Q/ . ROBIN HUDSON, § Plaintiff § v. § DANIEL HUDSON, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OQ - 13~ ~ Civ i t ~~ DV CIVIL ACTION - IN DIVORCE STIPULATED CUSTODY AGREEMENT AND NOW, this ~ day of F~.hru , 2009, Robin Hudson, residing at 1102 West Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafter referred to as "Mother"), and Daniel Hudson, residing at 924 Scottish Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafter referred to as "Father") (Mother and Father are individually "Parent" and collectively "Parents") hereby stipulate and agree to the following regarding custody of their minor children, Brandon Hudson, born September 6, 1997 and Caleb Hudson, born May 7, 2001. A. Legal Custod~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 lives of their children, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the children's 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 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 children's educational, 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 this Agreement. 1. Emergencies: It is understood that some decisions must be made on an emergency basis. In such an event, the party with physical custody during such an emergency situation, shall act in the Children's best interest. Said party shall immediately notify the non-custodial parent of the Children's whereabouts and current medical, physical and/or psychiatric condition. Each parent shall promptly notify the other parent in the event that the Children suffers an illness or accident requiring hospitalization 2. Smolcing/Drinlting/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 party of a confined area with the children present. No party shall drink alcoholic beverages excessively or to the point of intoxication, nor 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. 3. No Derogat_~y Comments: Neither Parent shall undertake, or permit by any other person, the poisoning of the Children's mind against the other Parent, by conversation or otherwise, any communication that explicitly or implicitly degrades, ridicules, condemns, or in any other way attempts to alienate the affections of the Children toward the other Parent. At all times, each Parent shall encourage and foster in the Children a sincere affection for the other Parent. The parties shall not use the children to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 4. Telephone Contact: Both Parents shall be afforded reasonable telephone contact with the Children while in the other Parent's custody and for said purposes each Parent shall provide the other Parent with his or her home telephone number. Both parents shall use common sense in scheduling telephone calls to speak with the children and the custodial parent shall permit reasonable telephone contact with the non-custodial parent while in his or her custody. B. Physical Custody: 1 Primary Custody: Mother shall have primary physical custody of the children, subject to the custody schedule as set forth herein. 2. Custody Schedule: Father shall have partial periods of physical custody from Friday at 4:30PM until Sunday at 4:30PM every other weekend commencing with the weekend of March 6, 2009, and Tuesday's from 4:30PM until 7:30PM. 2. Vacation Schedule: Beginning in 2009, the parties agree that each parent shall have a minimum of three non-consecutive weeks of physical custody for vacation purposes, with two of those weeks occurring during the children's summer vacation from school. 3. Holidays: The parties shall alternate the following holidays: New Year's Day, Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving Day. The holiday shall be observed on the actual day from 9AM until 9PM, commencing with Father having custody of the children on Easter 2009. a. Christmas. In odd numbered years, commencing with 2009, Mother shall have physical custody of the children from Christmas Eve at 12PM until Christmas Day at 12PM. Father shall have physical custody of the children from Christmas Day at 12PM until December 26 at 12PM. During the even numbered years commencing with 2010, Father shall have physical custody of the children from Christmas Eve at 12PM until Christmas Day at 12PM. Mother shall have physical custody of the children from Christmas Day at 12PM until December 26 at 12PM. b. Other Holidays. Mother shall have custody of the children on Mother's Day from 9AM until 9PM. Father shall have custody of the children on Father's day from 9AM until 9PM. 4. Precedence: The periods of partial custody for holidays and 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 partial custody for that parent as set forth in this Agreement. 5. Extracurricular Activities: Each parent shall provide to the other at least forty-eight (48) hours advance notice of school or other activities, whenever possible. Both parties shall agree to honor and participate in activities that the children wish 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 year is contingent upon the children 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 which 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 noncustodial parent, who shall be entitled to pick the children up and deliver the children to the designated activity. The custodial parent shall make certain that the children are ready for pickup in time sufficient to enable the children to timely attend the activity. 6. Transportation: Father shall provide the transportation. 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. 7. Late for Exchange: In the event that a party is more than 20 minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the party, the other party my assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party shall be free to make other plans with the children. 8. Waiver of Custody: A waiver of any period of custody during any year shall not be construed as a waiver of any future period of custody. 9. Financial Care of the Child: In the event that a significant matter arises with respect to the medical care, education, or financial care of the children, such as a change in occupation, health insurance, educational expenses, or residence of the party, those matters shall be discussed with the other parent before any change is made by either parent. 10. 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 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 person 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 day care for the children. 11. Welfare of the 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. 12. Modification: The Parents shall be at liberty to modify the physical custody schedule as indicated herein to accommodate their respective schedules and special occasions, subject to the mutual agreement of both Parents. If such modification is in writing (including email) which evidences the mutual agreement of the Parents, it shall be binding upon the parties to the extent and for the duration which was mutually agreed upon by the Parents. No Parent shall be deemed to be in contempt of court for abiding by the terms of any such written mutual agreement. In the event that one parent does not agree to a modification, each parent shall not be permitted to follow his or her own idea of what he or she thinks the new arrangements shall be, but shall be bound by the terms of this Agreement as written. C. Entry of Court Order: The parties authorize the Court of Common Pleas of Cumberland County, Pennsylvania to enter an order incorporating the terms of this Stipulated Custody Agreement. IN WITNESS WHEREOF, the Parents, intending to be legally bound hereby, have set their hands and seals the day and year written below. Witness: ~Fx/. A ~~ Robin Hudson, Mother Date: g Daniel Hudson, Father Date: ~~~~~~ ~~4 xz ~ _ ~~ W ~' .,,~ -~ ~7 ~ ~ s., ' ~ ~ ~ ROBIN HUDSON, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA v. § NO. 0~-1331 Gvtl'j~ DV DANIEL HUDSON, § CIVIL ACTION - IN DIVORCE Defendant § STIPULATED ORDER FOR CUSTODY AND NOW, this ~~~ day of r`'` grc,ln , 2009, this Order is being entered as a result of an Agreement between the parties as evidenced by the attached Stipulated Custody Agreement, dated February 25, 2009. This matter is before the Court on Plaintiff s Complaint. This matter involves the custody o£ Brandon Hudson Date of Birth: September 6, 1997 Caleb Hudson Date of Birth: May 7, 2001 A. Legal Custod~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 lives of their children, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the children's 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 ~.3~. (~°s7~''' jq ~. ~,,~~ 'Z,or~.L, '! , '~1'tt~ ~~ L ~ « ~ i k~' 9- ~~~i ~QZ providers, sufficiently in advance thereof so that the other party 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 children's educational, 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 this Agreement. 1. Emergencies: It is understood that some decisions must be made on an emergency basis. In such an event, the party with physical custody during such an emergency situation, shall act in the Children's best interest. Said party shall immediately notify the non-custodial parent of the Children's whereabouts and current medical, physical and/or psychiatric condition. Each parent shall promptly notify the other parent in the event that the Children suffers an illness or accident requiring hospitalization 2. Smoking/Drinking/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 party of a confined area with the children present. No party shall drink alcoholic beverages excessively or to the point of intoxication, nor 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. 3. No Derogatory Comments: Neither Parent shall undertake, or permit by any other person, the poisoning of the Children's mind against the other Parent, by conversation or otherwise, any communication that explicitly or implicitly degrades, ridicules, condemns, or in any other way attempts to alienate the affections of the Children toward the other Parent. At all times, each Parent shall encourage and foster in the Children a sincere affection for the other Parent. The parties shall not use the children to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 4. Telephone Contact: Both Parents shall be afforded reasonable telephone contact with the Children while in the other Parent's custody and for said purposes each Parent shall provide the other Parent with his or her home telephone number. Both parents shall use common sense in scheduling telephone calls to speak with the children and the custodial parent shall permit reasonable telephone contact with the non-custodial parent while in his or her custody. B. Physical Custody: 1 Primary Custody: Mother shall have primary physical custody of the children, subject to the custody schedule as set forth herein. 2. Custody Schedule: Father shall have partial periods of physical custody from Friday at 4:30PM until Sunday at 4:30PM every other weekend commencing with the weekend of March 6, 2009, and Tuesday's from 4:30PM until 7:30PM. 2. Vacation Schedule: Beginning in 2009, the parties agree that each parent shall have a minimum of three non-consecutive weeks of physical custody for vacation purposes, with two of those weeks occurring during the children's summer vacation from school. 3. Holidays: The parties shall alternate the following holidays: New Year's Day, Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving Day. The holiday shall be observed on the actual day from 9AM until 9PM, commencing with Father having custody of the children on Easter 2009. a. Christmas. In odd numbered years, commencing with 2009, Mother shall have physical custody of the children from Christmas Eve at 12PM until Christmas Day at 12PM. Father shall have physical custody of the children from Christmas Day at 12PM until December 26 at 12PM. During the even numbered years commencing with 2010, Father shall have physical custody of the children from Christmas Eve at 12PM until Christmas Day at 12PM. Mother shall have physical custody of the children from Christmas Day at 12PM until December 26 at 12PM. b. Other Holidavs. Mother shall have custody of the children on Mother's Day from 9AM until 9PM. Father shall have custody of the children on Father's day from 9AM until 9PM. 4. Precedence: The periods of partial custody for holidays and 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 partial custody for that parent as set forth in this Agreement. 5. Extracurricular Activities: Each parent shall provide to the other at least forty-eight (48) hours advance notice of school or other activities, whenever possible. Both parties shall agree to honor and participate in activities that the children wish 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 year is contingent upon the children 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 which 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 noncustodial parent, who shall be entitled to pick the children up and deliver the children to the designated activity. The custodial parent shall make certain that the children are ready for pickup in time sufficient to enable the children to timely attend the activity. 6. Transportation: Father shall provide the transportation. 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. 7. Late for Exchange: In the event that a party is more than 20 minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the party, the other party my assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party shall be free to make other plans with the children. 8. Waiver of Custod~A waiver of any period of custody during any year shall not be construed as a waiver of any future period of custody. 9. Financial Care of the Child: In the event that a significant matter arises with respect to the medical care, education, or financial care of the children, such as a change in occupation, health insurance, educational expenses, or residence of the party, those matters shall be discussed with the other parent before any change is made by either parent. 10. 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 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 person 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 day care for the children. 11. Welfare of the 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. 12. Modification: The Parents shall be at liberty to modify the physical custody schedule as indicated herein to accommodate their respective schedules and special occasions, subject to the mutual agreement of both Parents. If such modification is in writing (including email) which evidences the mutual agreement of the Parents, it shall be binding upon the parties to the extent and for the duration which was mutually agreed upon by the Parents. No Parent shall be deemed to be in contempt of court for abiding by the terms of any such written mutual agreement. In the event that one parent does not agree to a modification, each parent shall not be permitted to follow his or her own idea of what he or she thinks the new arrangements shall be, but shall be bound by the terms of this Agreement as written. ~~ ROBIN HUDSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DANIEL HUDSON ~ NO. 09-1331 DIVORCE DECREE AND NOW, ~Jca ~ S~ h. 209 , it is ordered and decreed that ROBIN HUDSON ,plaintiff, and DANIEL HUDSON ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. All claims have been resolved by the February 25, 2009 Marital Settlement Agreement which is incorporated, but not merged into this Divorce Decree. By the Court, Attest: ~. rothonotary v ~- 1 ~ ~ d ~' ~a~ ~u4~~i ~ a~ ~.. ~:; ~', ` :~