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HomeMy WebLinkAbout10-0396IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10- 3q(0 - Ci ,; -1'? CHRISTOPHER M. BEIDELMAN, Plaintiff V. ELIZABETH A. BEIDELMAN, Defendant c NO. 1916¦I03- CIVIL ACTION - LAW C 9WGRC-E !1 osmny CUSTODY COMPLAINT 1. 2. 3. L N O %D x?• co a? 7J ril r- 0 The Plaintiff is Christopher M. Beidelman, residing at 201 Summer Lane, Enola, PA 17025-1475. The Defendant is Elizabeth A. Beidelman, residing at 439 Market Street, Apt 1, New Cumberland, PA 17070. Plaintiff seeks custody of the following children: NAME AGE D.0 8. Noah Beidelman 5 3/15/04 Emily Beidelman 1 2/25/08 4. 5. 6. The children were not born out of wedlock. The children are presently in the equal and joint custody of: (A) Christopher M. Beidelman, residing at 201 Summer Lane, Enola, PA 17025; and (B) Elizabeth A. Beidelman, residing at 439 Market Street, Apt 1, New Cumberland, PA 17070 During the past five years, the child/children has/have resided with the following persons and at the following addresses: 4177.00 Pp ATW Co 15639 M4 o?'S&-jV'1 - 1 - Elizabeth A. Beidelman 439 Market Street, Apt 1 5/24/09 to present New Cumberland, PA 17070 (50% of time) Christopher M. Beidelman 201 Summer Lane 5/24/09 to present Enola, PA 17025 (50% of time) Elizabeth A. Beidelman 4068 Daris Drive 5/1 /04-5/23/09 Christopher M. Beidelman Enola, PA 17025 7. The mother of the children is Elizabeth A. Beidelman, currently residing at 439 Market Street, Apt 1, New Cumberland, PA 17070. 8. The mother is divorced. 9. The father of the children is Christopher M. Beidelman currently residing at 201 Summer Lane, Enola, PA 17025. 10. The father is divorced. 11. The relationship of Plaintiff to the children is that of Father. 12. The Plaintiff currently resides with the following persons: NAMES RELATV~, Noah Beidelman Emily Beidelman children 13. The relationship of Defendant to the children is that of Mother. 14. The Defendant currently resides with the following persons: NAMES *RA ? Noah Beidelman Emily Beidelman children 15. Plaintiff has not participated as a party or witness, or in another capacity, in other -2- litigation concerning the custody of the children in this or another court. 16. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 17. 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. 18. The best interest and permanent welfare of the children will be served by granting the relief requested because the parties agreed that the parties should have equal and joint legal and physical custody of the children as set forth in the Stipulated Custody Agreement being submitted herewith. 19. 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. WHEREFORE, Plaintiff requests the Court to grant the parties shared legal and physical custody of the children in accordance with the Stipulated Custody Agreement being submitted concurrently herewith. Respectfully submitted, PNE G. RA LIFF, ESQUIRE 344 a Road Camp Hill, PA 17011 Phone: (717) 737-0100 ID No. 32112 Date: January 18, 2010 - 3 - VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. 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: CHRISTO ER M. BEIDELMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN, 10 _ ag(A 0,; 1Tenk Plaintiff NO. 2006-( N3- r, N V. CIVIL ACTION - LAW ?,-.'-' z?.n ELIZABETH A. BEIDELMAN DiMARF - Cws- c) , Defendant s= STIPULATED CUSTODY AGREEMENT AND NOW, this day of , 2009, Elizabeth A. Beidelman, ("Mother") and Christopher M. Beidelman, ("Father") (Mother and Father are individually "Parent" and collectively "Parents") hereby stipulate and agree to the following regarding custody of their minor children, Noah Beidelman (DOB: 3/15/04) and Emily Beidelman (DOB: 2/25/08) the "Children"): 1.0 LEGAL CUSTODY: The Parents shall share and have joint legal custody of the Children. Pursuant to the foregoing the following shall apply: 1.1 Major Decisions to Be Made Jointly: Major decisions concerning the Children's including, but not necessarily limited to, the Children's health, welfare, education, religious training and upbringing, shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in Children's best interest. Without limitation as to the foregoing, decisions regarding the following shall be considered major decisions to be made by the Parents jointly, after discussion and consultation with each other: 1.1.a special schools and/or instructions; 1.1.b choice of day care provider; 1.1.c all necessary medical and dental treatment; 1.1.d psychotherapy; 1.1.e public or private school education, whether secular or religious; 1.1.f scholastic and athletic pursuits and other extracurricular activities; 1.1.g enrollment or termination in a particular school or school program; - 1 - 1.1.h advancing or holding the Children back in school; 1.1.i authorizing enrollment in college; 1.1.j authorizing the Children's driver's license or purchase of an automobile; 1.1.k authorizing employment; 1.1.1 authorizing marriage; 1.1.m authorizing the enlistment in the armed forces; 1.1.n approving a petition for emancipation; 1.1.o authorizing foreign travel, passport application or exchange student status; 1.1.p decisions involving actual or potential litigation involving the Children directly or as a beneficiary, other than custody litigation. 1.2 Emergency Decisions: With regard to any emergency decisions which must be made, the Parent having physical custody of Children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby, but that Parent shall inform the other Parent of the emergency and consult with him or her as soon as possible. 1.3 Access to Information: Each Parent shall be entitled to access to any and all information regarding the health, education, religion, and general well being of the Children, and pursuant thereto each Parent shall be entitled to communicate with and receive information and documents from any persons or entities having such information and/or documents including, but not limited to doctors, clinics, hospitals, other health care providers, teachers, guidance counselors, other school personnel. 1.4 Information Exchange: Each Parent shall provide the other Parent with information and copies of documents pertaining to the well being of the Children including, but not limited to, the Children's report cards, school meeting notices, vacation schedules, classes programs, requests for conferences, results of diagnostic tests, notices of activities, special event notifications, order forms for school pictures, communications from health care providers and the like within such reasonable time as to make the records and information of reasonable use to the other Parent, but in no event any later than seven (7) days of that Parent's receipt of such information and/or documentation, or such shorter period of time as may be specifically set forth herein. -2- F 1.5 Notice of Activities: Each Parent shall provide the other Parent with reasonable advance notice of school or other extracurricular activities, and to the extent possible at least forty eight (48) hours prior to any such activities. Each Parent shall also provide the other Parent with all information required to enable that other Parent to obtain these notifications directly such as school and teachers web sites and email addresses, coaches email addresses and the like. 1.6 Appointments: Each Parent shall provide the other Parent with reasonable advance notice of any non-emergency medical, dental, optical, psychological appointments and/or treatments, and to the extent possible at least forty eight (48) hours prior to any such appointment so that each Parent can attend such appointments if he or she so chooses. To the extent possible, the Parents should consult with each other in advance of the scheduling of the appointments so that an appointment time convenient to both of them may be selected. 1.7 School Absences: Each Parent shall notify the other Parent of all school absences and the reason for such absences within forty-eight (48) hours of any absence occurring during that parent's custody period. 1.8 Mail: Upon receipt of mail or packages addressed to the Children from the other Parent or any member of the other Parent's family, each Parent shall see to it that such unopened mail or packages are immediately given to the Children. 1.9 Alcohol and Drusts: During any period of custody, neither Parent shall possess or use any illegal controlled substance, nor consume alcoholic beverages to the point of intoxication, nor permit any other person to possess or use any illegal controlled substance, nor consume alcoholic beverages to the point of intoxication in the presence of the Children. Further, both Parents are prohibited from giving the Children alcoholic beverages or illegal controlled substances to use and/or consume. 1.10 Smokin : Neither Parent shall, nor permit any other person to, smoke in any part of a confined area with the Children present. 1.11 No Derogatory Comments: Neither Parent will 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 inferentially derides, ridicules, condemns, or in any manner derogates the other Parent or extended family members. Neither Parent shall attempt, or condone any attempt, directly or indirectly, to estrange the Children from the other Parent. At all times each Parent shall encourage and foster - 3 - in the Children a sincere respect and affection for the other Parent. 1.12 No Discussion: Neither Parent shall discuss any aspect of the custodial situation, other than finalized custody schedules, with the Children. Neither Parent shall discuss any pending legal action involving the Parents with the Children. Neither Parent utilize the Children for purposes of conveying information or inquiries pertaining to the Children and/or any pending legal action to the other Parent. 1.13 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 phone number. Each Parent, step- Parent, or live-in mate shall not unreasonably interfere with the Children's right to privacy during such telephone conversations, nor shall listen to that conversation an extension telephone. Each Parent shall see that the Children calls the other Parent upon receipt of any phone message requesting such a return call. 1.14 Residence Address: Each Parent shall at all times provide the other Parent with his or her residence/home address where the Children can be reached when in that Parent's custody. 1.15 Temporary Absence: When the Children will be staying away from the then custodial Parent's residence for a period in excess of 24 hours, that Parent shall provide the other Parent with the address and phone number of the location(s) where the Children will be staying. 1.16 Relocation: Neither Parent shall remove and relocate the Children from the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania on a permanent basis without without first obtaining the other Parent's written consent or a court order approving said relocation. 2.0 PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Children: 2.1 Joint Custody: The Parents shall have equal and joint physical custody of the Children to be exercised in 2 week alternating segments in accordance with the following schedule: 2.1.a In Week 1 Father shalt have physical custody of the Children from 5:00 p.m. on Sunday until 7:00 p.m. on Tuesday; and from 7:00 p.m. on Thursday until 5:00 p.m. on Sunday; and Mother shall have physical custody of the Children from 7:00 -4- r ` p.m. on Tuesday until 7:00 p.m. on Thursday. 2.1.b In Week 2, Mother shall have physical custody of the Children from 5:00 p.m. on Sunday until 7:00 p.m. on Tuesday; and from 7:00 p.m. on Thursday until 5:00 p.m. on Sunday; and Father shall have physical custody of the Children from 7:00 p.m. on Tuesday until 7:00 p.m. on Thursday. 2.1.c The above set forth 2 weeks schedule is highlighted on the following chart for ease of reference: Wk Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 Mother until Father all Father until Mother all Mother until Father Father 5:00 pm; day 7:00 pm; day 7:00 pm; all day all day Father from Mother from Father from 5:00 pm 7:00 pm 7:00 pm 2 Father until Mother all Mother until Father all day Father until Mother Mother 5:00 pm; day 7:00 pm; 7:00 pm; all day all day Mother from Father from Mother from 5:00 pm 7:00 pm 7:00 pm 2.2 Holidays/Special Days: Physical custody for major holidays and special days shall be in accordance with the following schedule: HOLIDAYS/SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 10:00 am to 7:00 pm Father Mother Memorial Day Parent otherwise having custody -- -- July 4' Parent otherwise having custody -- -- Labor Day Parent otherwise having custody -- -- Thanksgiving Day 10:00 am on Thanksgiving Day to 10:00 am the day after Thanksgiving Day Mother Father Christmas Segment #1 10:00 am on 12/24 until 10:00 am on 12125 Father Mother - 5 - HOLIDAYS/SPECIAL DAYS TIMES EVEN ODD YEARS YEARS Christmas Segment #2 10:00 am on 12/25 Mother Father until 10:00 am on 12/26 Mother's Day 5:00 pm the evening before Mother Mother until 7:00 pm on Mother's Day Father's Day 5:00 pm the evening before Father Father until 7:00 pm on Mother's Day 2.5 Summers: Each Parent shall be entitled physical custody of the Children for two (2) non-consecutive, uninterrupted one (1) week periods during the summer, under and subject to the following terms and conditions: 2.5.a Summer Defined: Summer is defined as the first Sunday evening following the last day of school to the last Sunday evening before the first day of school in the fall. 2.5.b Weeks Defined: Each week shall run from Sunday at 5:00 p.m. until the following Sunday at 5:00 p.m., and shall include the selecting Parent's regular alternating weekend. Each week may be subject to adjustment for special vacation plans or rental accommodations as the parties shall mutually agree, consent to which shall not be unreasonably withheld. 2.5.c Advance Written Notice: Each Parent shall give the other Parent with at least fourteen (14) days advance written notice of his or her intention to exercise each of these custodial weeks. Should either Parent have plans scheduled for the summer, and the required fourteen (14) day notice has not been given, the Parent who first gives notice to the other shall have the right to exercise custody on the week selected and the other Parent shall not schedule a vacation during that period. 2.6 No Interruption: In the event a Parent is to have custody on two (2) physical custody periods, which immediately precedes or follow each other, that Parent shall have custody of the Children without interruption between the two (2) physical custody periods. 2.8 Extracurricular Activities: Both Parents shall honor and participate in the activities that the Children wishes to engage in. During a Parent's custodial period, that Parent shall -6- make certain that the Children attends any extracurricular activities and will transport the Children to and from such activities and the preparation and practice of the activities that are scheduled, in such time so that the Children is able to participate in those activities. In the event the custodial Parent is unable to deliver the Children to a particular activity, he or she shall notify the other Parent who shall be entitled to pick up and deliver the Children to the activity and the custodial Parent shall make certain that the Children is ready for pick up in time to timely attend the activity. Neither Parent shall, however, shall commit the Children to activities that fall during the other Parent's periods of custody without the consent of the other Parent, which consent shall not be unreasonably withheld. The foregoing notwithstanding, a Parent shall not be required to take the Children to an activity if that Parent is out of town during the activity or if a special event such as a family reunion is planned for the same time . 2.9 Precedence: The Holiday/Special Day schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. 2.10 Modification: The Parents shall be at liberty to modify the physical custodial periods herein provided to accommodate their respective schedules and special events, but both Parents must be in complete agreement to any new or modified terms. If such mutually agreed upon modification is in writing (including email transmission which evidencing consent), it shall be binding upon the Parents to the extent and for the duration 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 signed written mutual agreement. 2.11 Transportation: The transportation necessary for the custodial exchanges herein set forth shall be shared by the Parents. The Parent giving up or transferring custody of the Children to the other Parent shall provide the transportation for that custodial exchange. The Parents shall ensure that seat belts and other proper protection are used when transporting the Children. 2.12 Unavailability: If for a period of 12 hours or more, the then custodial Parent is going to be out of town or is otherwise unavailable to exercise his or her custodial periods, that Parent shall notify the other Parent accordingly and provide the other Parent with the opportunity to have custody for the period of unavailability before the Children placed with a third party care giver. -7- d 3.0 ENTRY OF COURT ORDER: The Parents authorize the Court of Common Pleas of Cumberland County, Pennsylvania to enter an order incorporating the terms of this Custody Agreement. IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: {SEAL} CHRIST HER M. BEIDELMAN . Date: /`? x h Q1 Q? {SEAL} ELIZ ETH A. BEIDELMAN Date: Ia Ll 10? -8- ~r~~~~ ;~ 01Q10~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. BEIDELMAN, . Plaintiff N0. X63 l0 - ~~ C;~', ~~- ~, CIVIL ACTION -LAW ELIZABETH A. BEIDELMAN, ~1}s~ny Defendant CUSTODY ORDER AND NOW this 2a da of z v~ , 20 ,upon consideration of the within Stipulated y 3' +~ -, ~ Custody Agreement, IT IS HEREBY ORDERED AND DECREED that the Parents' Stipulated Custody Agreement is incorporated into this Order and entered as an Order of this Court the same of if fully set forth herein. Dom' tribution To: /A~t orney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 /Defendant: Elizabeth A. Beidelman, 439 Market Street, Apartment 1, New Cumberland, PA 17070 Pro Se ~~~I~.S rY1,~..1~ /~a ~~-v `~ :; _~. a -,r=~ ~; - .~ ~~ , ~ ;ate ~,., _~ ~,~ _- _ ~, -~ ~, -1. _ _ 'r _. ~_~ :e ,~ ~'