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HomeMy WebLinkAbout04-2733STEVEN M. CRAWFORD, Plaintiff KIM A. CRAWFORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. oq - CIVIL ACTION - LAW IN CUSTODY COMPI,AINT AND Ji'}INDER FOR CIJSTOD¥ 1. The Pla'mtiff is Steven M. Crawford, residing at 901 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17102. 2. The Defendant is Kim A. Crawford, residing at 25 Comell Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks shared legal and physical custody of the following children: Joshua B. Crawford NAME PRESENT RESIDENCE D.O.B. Sarah Ann Crawford 25 Comell Drive 03/2/95 CampHill, PA 17011 25 Comell Drive Camp Hill, PA 17011 09/21/97 The children were not bom out of wedlock. The children are presently in the custody of Klm A. Crawford, who resides at 25 Comell Drive, Camp Hill, Permsylvania. During the past five years, the children have resided with the following persons and at the following addresses: NAME Steven M. Crawford (Father) Kim A. Crawford (Mother) Kim A. Crawford (Mother) PRESENT RESIDENCE 25 Comell Drive Camp Hill, PA 17011 25 Comell Drive Camp Hill, PA 17011 DATE Birth - 10/23/02 10/23/02 - Present The mother of the children is Klm A. Crawford, currently residing at 25 Comell Dr/ve, Camp Hill, Pennsylvania. She is divorced. The father of the children is Steven M. Crawford, currently residing at 901 North Second Street, Harrisburg, Pennsylvania. He is divorced. 4. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with no other person/persons. 5. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following person/persons: NAME Sarah Ann Crawford Joshua B. Crawford RELATIONSHIP Daughter Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 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. 7. The best interest and pem~anent welfare of the children will be served by granting the Order attached hereto, marked Exhibit "A". 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. 9. The Defendant, Kim A. Crawford, and her attorney, Joanne Harrison Clough, Esquire, hereby join in the foregoing Complaint and Order attached hereto as Exhibit "A", as evidenced by the attached Joinder. WHEREFORE, the Plaintiff, Steven M. Crawford, requests that the court enter the attached Custody Order. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY Po~ Office"B6x 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VF, R IFIC A TION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to author/ties. Date: STEVEN M. CRAWFORD, Plaintiff KlM A. CRAWFORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION- LAW IN CUSTODY JC)INrDF, R Defendant, Klm A. Crawford, and her counsel, Joanne Harrison Clough, Esquire, hereby join in the aforesaid Complaint and stipulated Court Order regarding custody of the parties' minor children, Sarah A. Crawford and Joshua B. Crawford. J " Clough, Esquire Klm A. Crawford STEVEN M. CRAWFORD, Plaintiff KIM A. CRAWFORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW IN CUSTODY CUSTODY STIPULATION AND NOW, this /I;~L_ day of Q-7~.L~LA_,fl , 2004, the parties, Kim A. Crawford, hereinafter referred to as "Mother' ,~and Steven M. Crawford, hereinafter referred to as "Father", and their respective counsel, Joanne Harrison Clough, Esquire and John J. Connelly, Jr., Esquire, enter into the following Custody Stipulation, after due consideration of the best interests of their children, Sarah A. Crawford, born March 2, 1995, and Joshua B. Crawford, bom September 21, 1997. WHEREAS, the parties wish to enter into an agreement relative to legal and physical custody of their minor children; and WHEREAS, both parties have been provided and opportunity to review this Stipulation with their respective counsel prior to signing. NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties mutually agree as follows: 1. Legal Custody: The parties agree to shared legal custody of the said minor children. The parties agree that major decisions concerning the children including, but not necessarily limited to, the children's health, welfare, education, child care, 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 the children's best interests. The parties agree to communicate regularly regarding issues relating to the children including, but not limited to, school, activities, social and emotional progress. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party shall notify the other of any activities or circumstances concerning their children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other parent of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either pa~y as a parent. 2. Physical Custody: Mother shall maintain primary physical custody of the minor children with Father having partial physical custody of the children as follows: A. Alternating weekends from Friday at 6:00 p.m. until Monday morning when the children will be returned to school or day care. The altematin.g weekend schedule shall begin on Friday, April 9, 2004. In the event the Monday following Father's weekend is a School/State holiday, Father shall return the children Tuesday morning. B. During the weeks the Pennsylvania Legislature is in session, two evenings per week, Wednesday and Thursday from 6:00 p.m. until 8:30 p.m. During non4session weeks, the evenings shall be Tuesday and Thursday at the same times. Father will provide Mother with the legislative calendar as soon as it is available to him. Father shall be responsible to pick up the children at latch key md/or daycare by 6:00 p.m. and he shall return the children to Mother's residence by 8:30 p.m. C. For the holidays of Easter, Memorial Day, Fourth of July and Labor Day, the parent having the alternating weekend attached to that holiday will also have the holiday, It is the parties' intent that the holidays will be as evenly divided as possible. In the event, because of the alternating weekend schedule, one of the parents receives substantially all of the holidays, they will make adjustments in the schedule so that the holidays can be divided in an equitable way~ In the event the Fourth of July is on a Tuesday, Wednesday or Thursday, the Fourth of July holiday shall be from July 3rtl, at 5:30 p.m. until July 4th, at 8:30 p,m. D. The Thanksgiving holiday shali be from 6:00 p.m. Wednesday evening prior to Thanksgiving until 6:00 p.m. on Friday. In the event the weekend following the Thanksgiving holiday is that party's weekend, that parent will retain the children until Sunday at 8:30 p.m. Mother will have Thanksgiving in odd numbered years. E. The parties agre~ that they will divide the Christmas school holiday equally. In addition to the equal division of the school holiday, Christmas will be divided as follows: 12:00 Noon on December 24th until 4:00 p.m. on December 25th being Segment A; and 4:00 p.m. on December 25t~ until 5:30 p.m, on December 26th being Segment B. Mother will have Segment A in even numbered years and Father will have Segment B in even numbered years. The schedule will be the opposite in odd numbered years. Mother will have New Year's Eve in even numbered years and Father will have New Year's Eve in odd numbered years from 6:00 p.m, New Year's Eve until 8:30 p.m. New Year's Day. F, The children will be in the custody of their Mother on Mother's Day and their Father on Father's Day, regardless of the weekend schedule, from 9:00 a.m. until 8:30 p.m. G. Each parent shall be entitled to a period of time with the children on that parent's birthday for a minimum of three (3) hours regardless of the custodial schedule. H. At other such times as the parties mutually agree. 3. Activities: Both parents will see that the children attend their regularly scheduled activities during their periods of custody. 4. Vacation: Each parent shall be entitled to three (3) weeks vacation during the calendar year with no more than two (2) weeks taken consecutively. The vacation periods taken by either parent shall not interfere with the school schedule of the children unless approved by the children's school. The ~veeks of vacation taken shall include that party's weekend with the exception of the continuous two (2) week period, if elected by either party, which would preclude the other party's scheduled weekend. Each party will make a good faith effort to give the other at least thirty (30) days notice, if possible, of their selected vacation schedule. 5. Children's Birthdays: Each party shall be entitled to access to the children on the children's birthdays regardless of which parent's custodial period is being exercised at that time. 6. Transportation: Father shall pick up the children by 6:00 p.m. at latch key and/or daycare and will return the children at 8:30 p.m. during his mid-week visits. On the Fridays beginning Father's weekend or other periods of overnight partial custody, Mother will transport the children to Father and Father will provide the return transportation to Mother. 7. Travel: In the event either parent intends to travel with the children in excess of one (1) overnight, that parent shall provide the other parent with the location and a telephone number where the children will be staying during the travel period. 8. Alcohol and Drugs: During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure that other household members and guests comply with this prohibition. 9. Death or Disability: In the event of either party's death or significant and long-term disability rendering the person incapable of caring for the children, then custody shall automatically vest in the other party. 10. Relatives: In the event of either party's death or significant and long term disability, each party hereby agrees that each will provide the other party's parents and siblings access to the children for the purposes of visitation. 11. Address, E-Mail Address and Telephone Numbers of Parties: Both Father and Mother must keep each other informed of any changes of address, e-mail address or telephone number. Any such changes shall be immediately forwarded to the other party. 12. Notice of Whereabouts/Illness: 4 Each party agrees to keep the other reasonably informed about the whereabouts of the children while with the other party. If either party has knowledge of illness or accident or other serious circumstances affecting the welfare of either of the children, he or she shall promptly notify the other party of said circumstances. 13. Telephone Contact with Children: Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable attempts to promptly return telephone calls or messages left by the other party regarding the children. 14. Disl~ara~in~ Remarks or Actions: Neither Father nor Mother shall make any disparaging or other remarks regarding the other parent in the presence of the children such as those that might tend to alienate the affections of the children to the other parent. The parents shall refrain from discussing points of contention in the divorce or custody matters in the presence of the children. Each parent shall encourage and foster the children's continued relationship with the other parent and permit the children to retain possessions, photos, gifts and objects of endearment from the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the children. 15. Relocation. In the event either party intends to relocate more than ten (10) miles from their current residence, each must give the other at least ninety (90) days notice of his/her intent to relocate in order to permit the other party time to object to the relocation of the children or, in the alternative, make adjustments in the existing schedule, if necessary. 16. Entry as Court Orders: Both parties agree that this Stipulation shall be entered as a Court Order. 17. Modification: Any of the provisions of this Agreement may be modified or deleted upon mutual consent/agreement of both parties or upon petition to the court for modification. WHEREFORE, the parties hereto set forth their signatures intending to be legally bound. WIT~!ESSES: , Kim A. Crawford Steven M. Crawford JUN 1 6 2004 STEVEN M. CRAWFORD, Plaintiff KIM A. CRAWFORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLANT~ COUNTY, PENNSYLVANIA NO. aY'- CIVIL ACTION - LAW IN CUSTODY ORI}F,R OF COIIRT AND NOW, this "~ day of ~"~O'~-~. _, 2004, upon presentation and consideration of the foregoing Complaint and Joinder for Custody in the above-captioned matter, the following Order is entered: The parties, Steven M. Crawford, Plaintiff, and Kim A. Crawford, Defendant, agree to shared legal custody of their minor children, Sarah A. Cra~vford, bom March 2, 1995, and Joshua B. Crawford, born September 21, 1997. The parties agree that majol decisions concerning the children including, but not necessarily limited to, the children's health, welfare, education, child care. 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 the children's best interests. The parties agree to communicate regularly regarding issues relating to the children including, but not limited to, school, activities, social and emotional progress. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party shall notify the other of any activities or circumstances concerning their children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody With regard to any emergency decisions which must be made, the parent having physical cnstody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other parent of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Phy~iaal Cu~tady: Mother shall maintain primary physical custody of the minor children with Father having partial physical custody of the children as follows: A. Alternating weekends fi:om Friday at 6:00 p.m. until Monday moming when the children will be returned to school or day care. The alternating weekend schedule shall begin on Friday, April 9, 2004. In the event the Monday following Father's weekend is a School/State holiday, Father shall return the children Tuesday :morning. B. During the weeks the Pennsylvania Legislature is in session, two evenings per week, Wednesday and Thursday from 6:00 p.m. until 8:30 p.m. During non-session weeks, the evenings shall be Tuesday and Thursday at the same time.,;. Father will provide Mother with the legislative calendar as soon as it is available to him. Fat]her shall be responsible to pick up the children at latch key and/or daycare by 6:00 p.m. and he shall return the children to Mother's residence by 8:30 p.m. C. For the holidays of Easter, Memorial Day, Fourth of July and Labor Day, the parent having the altemating weekend attached to that holiday will also have the holiday. It is the parties' intent that the holidays will be as evenly divided as possible. In the event, because of the alternating weekend schedule, one of the parents receives substantially ail of the holidays, they will make adjustments in the schedule so that the holidays can be divided in an equitable way. In the event the Fourth of July is on a Tuesday, Wednesday or Thursday, the Fourth of July holiday shall be fi-om July 3rd, at 5:30 p.m. until July 4th, at 8:30 p.m. D. The Thanksgiving holiday shall be from 6:00 p.m. Wednesday evening prior to Thanksgiving until 6:00 p.m. on Friday. In the event the weekend following the Thanksgiving holiday is that party's weekend, that parent will retain the children until Sunday at 8:30 p.m. Mother will have Thanksgiving in odd numbered years. E. The parties agree that they will divide the Christmas school holiday equally. In addition to the equal division of the school holiday, Christmas will be divided as follows: 12:00 Noon on December 24th until 4:00 p.m. on December 25th being Segment A; and 4:00 p.m. on December 25th until 5:30 p.m. on December 26th being Segment B. Mother will have Segment A in even numbered years and Father will have Segment B in even numbered years. The schedule will be the opposite in odd numbered years. Mother will have New Year's Eve in even numbered years and Father will have New Year's Eve in odd numbered years from 6:00 p.m. New Year's Eve until 8:30 p.m. New Year's Day. F. The children will be in the custody of their Mother on Mother's Day and their Father on Father's Day, regardless of the weekend schednie, from 9:00 a.m. until 8:30 p.m. G. Each parent shall be entitled to a period of time with the children on that parent's birthday for a minimum of three (3) hours regardless ,of the custodial schedule. H. At other such times as the parties mutmflly agree. 3. Activitle~: Both parents will see that the children attend their regularly scheduled activities during their periods of custody. 4. Varmticm: Each parent shall be entitled to three (3) weeks vacation during the calendar year with no more than two (2) weeks taken consecutively. The vacation periods taken by either parent shall not interfere with the school schedule of the children unless approved by the children's school. The weeks of vacation taken shall include that party's weekend with the exception of the continuous two (2) week period, if elected by either party, ~vhich would preclude the other party's scheduled weekend. Each party will make a good faith effort to give the other at least thirty (30) days notice, it' possible, of their selected vacation schedule. 5. (Thilrtren'~ girthclay~: Each party shall be entitled to access to the children on the children's birthdays regardless of which parent's custodial period is being exercised at that time. 6. Transportation: Father shall pick up the children by 6:00 p.m. at latck[ key and/or daycare and will return the children at 8:30 p.m. during his mid-week visits. On the Fridays beginning Father's weekend or other periods of overnight partial custody, Mother will t:ransport the children to Father and Father will provide the return transportation to Mother. 7. TravM; In the event either parent intends to travel with the children in excess of one (1) overnight, that parent shall provide the other parent with the location and a teI~phone number where the children will be staying during the travel period. 8. Alcohol and F)n~?~ During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure that other household members and guests comply with this prohibition. 9. Death or Disability. In the event of either party's death or significant and long-term disability rendering the person incapable of caring for the children, then custody shall[ automatically vest in the other party. 10. Relatives: In the event of either party's death or significant and long term disability, each party hereby agrees that each will provide the other party's parents and siblings access to the children for the purposes of visitation. 11. Adclren~; I~-Mall Acldre~ and Telephone Nnmh~hs of Parties: Both Father and Mother must keep each other informed of any changes of address, e-mail address or telephone number. Any such changes shall be immediately forwarded to the other party. 12. Notice of Whereahont~/lllnesS: Each party agrees to keep the other reasonably informed about the whereabouts of the children while with the other party. If either party has knowledge of illness or accident or other serious circumstances affecting the welfare of either of the children, he or she shall promptly notify the other party of said circumstances. 13. Telephone Contact with Chilclre~2: Both parties shall have the right to reasonable telephone contact with the children during the other party's pehod of custody/visitation. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable attempts to promptly return telephone calls or messages left by the other party regarding the children. 14. Di?ara~ng Remarks or Action~ Neither Father nor Mother shall make any disparaging or other remarks regarding the other parent in the presence of the children such as those that might tend to alienate the affections of the children to the other parent. The parents shall refrain from discussing points of contention in the divorce or custody matters in the presence of the children. Each parent shall encourage and foster the children's continued relationship with the other parent and permit the children to retain possessions, photos, gifts and objects of endearment from the other parent. Also, each parent shall inform relatives and friends to also refrain from :making any disparaging remarks regarding either parent in the presence of the children. 15. Relocation In the event either party intends to relocate more than ten (I0) miles from their current residence, each must give the other at least ninety (90) days notice of his/her intent to relocate in order to permit the other party time to object to the relocation of the children or, in the alternative, make adjustments in the existing schedule, if necessary~