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HomeMy WebLinkAbout04-4950CHRISTOPHER RIETMANN, Plaintiff LISA HARBAUGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :IN CUSTODY 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 may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also 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, Dauphin County Courthouse, Front and Market Streets, Harrisburg, PA 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CHRISTOPHER RIETMANN, Plaintiff LISA HARBAUGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Christopher Rietmann, by and through his attorney, Mindy S. Goodman, and avers the following: 1. Plaintiff is an adult individual residing at 47 Summer Drive, Dillsburg, Cumberland County, Pennsylvania. 2. Defendant is an adult individual residing at 3 Independence Drive, Mt. Holly Springs, York County, Pennsylvania. 3. The parties are the natural parents of ALEX C. RIETMANN, born on March 12, 1993. 4. The parties have come to an agreement with regard to the issues of child custody and have entered into a stipulation, which is filed simultaneously with this Complaint. WHEREFORE, Plaintiffs request this Court enter an Order adopting the stipulation that is filed simultaneously herewith. Respectfully submitted, Mindy S. Goodman Attorney at Law ID No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff 2 CHRISTOPHER RIETMANN, Plaintiff LISA HARBAUGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. : CIVIL ACTION - LAW :IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AGREEMENT, made this '~'~ day of (~~ by and between CHRISTOPHER RIETMANN, hereinafter referred to as "Father," and LISA HARBAUGH, hereinafter referred to as "Mother." ,2004, WITNESSETH WHEREAS, the parties are the parents of one minor child, ALEXANDER CHRISTIAN RIETMANN, born March 12, 1993; and WHEREAS, the parties have set aside their differences and have come to an agreement concerning the issues of child custody; and WHEREAS, the parties desire that this Stipulation be entered as an Order by the Court of Common Pleas of Cumberland County, Pennsylvania; NOW THEREFORE, intending to be legally bound, the parties hereby stipulate and agree as follows: LEGAL CUSTODY 1. Mother and Father shall have shared legal custody of the minor child, legal custody being defined as the legal right to make major decisions affecting the upbringing of the child, including but not limited to medical, religious, and educational decisions. 2. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child'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 the child's best interest. 3. Each party agrees not to impair the other party's rights to shared legal custody of the child. 4. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. 5. Day to day decisions shall be the responsibility of the parent then having physical custody. 6. With regard to any emergency decisions that must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 7. In accordance with 23 Pa.C.S.A.§ 5309, each party shall be entitled to complete and full access to all medical records. PHYSICAL CUSTODY 8. The parties shall have shared physical custody of the minor child using a school year schedule and summer schedule. a. School Year - Mother shall have primary physical custody of the minor child and Father shall have partial physical custody for three consecutive weekends beginning Friday evening after school through Sunday evening. Mother shall have the weekend following Father's three consecutive weekends, and Father shall again have three consecutive weekends immediately following Mother's weekend. This schedule shall continue throughout the school year. b. Summer - Father shall have primary physical custody of the minor child and Mother shall have partial physical custody for one weekend in June, one weekend in July and one weekend in August. Each weekend that mother has custody shall be for three overnights, the exact days to be determined by mutual agreement between the parties. Additionally, Mother shall be entitled to another fourteen (14) days for vacation with at least thirty (30) days' notice to Father. 9. The parties have agreed that Father shall have custody over the Thanksgiving break, Christmas break, and Easter break; however, Mother shall be entitled to two days over each break. The exact dates and times of transfer of custody shall be as mutually agreed by the parties. (The term of the school break is as defined by the school calendar.) 10. Mother shall have custody of the minor child on all holidays that occur during the school year, such as Columbus Day and Martin Luther King Day. 11. Memorial Day and Labor Day will be with the parent who has custody of the minor child over the weekend immediately preceding the Monday holiday. Independence Day shall be as agreed between the parties. 12. Mother shall always be entitled to have custody of the minor child on Mother's Day and Father shall always be entitled to have custody of the minor child on Father's Day. 13. All transfer of custody shall take place at the Shell gas station on King Street near Shippensburg, Pennsylvania, which is off Exit 29 of Interstate 81. 14. When either parent is unavailable to provide care for the minor child for a period in excess of four hours, that parent shall offer the other parent the first right and opportunity to assume care of the child. This provision is included to allow a parent to spend time with the minor child as opposed to a babysitter or extended family member. 15. Without seeking court approval, Mother shall have the right to move within fifteen (15) miles of Greencastle, Pennsylvania and Father shall have the right to move within fifteen (15) miles of Mt. Holly Springs, Pennsylvania. Neither party is permitted to move more than fifteen (15) miles from his or her current address without first seeking court approval. 16. The parties understand that situations and circumstances in their lives and the life of their child require them to make changes in their schedule to accommodate the other and the child's schedule. Consequently, each party agrees to work with one another to accommodate changes in the other party's schedules with regard to physical custody and well-being of the minor child. In the event the parties have a disagreement, they will utilize the schedule outlined above. 17. Each party may have reasonable contact with the minor child when the child is in the custody of the other party. Reasonable contact shall be defined as one telephone call per day or at any time the child wishes to contact the other parent. 18. Communication between the parties shall only be for the purpose of discussing issues that are relevant to the minor child's welfare. 19. The parties have chosen to outline the terms of their financial obligations with regard to the minor child in this Stipulation as opposed to pursuing it through the Office of Domestic Relations: a. Beginning September 30, 2004 and continuing for the next three years, Father shall pay child support to Mother in the amount of $500 per month, and payment is due on or before the fifteenth day of each month. This obligation may only be reduced in the event of a reduction of income to Father. b. Mother shall be responsible for all educational expenses and daily living expenses for the minor child, including but not limited to school supplies, filed trips, tuition, uniforms, clothing and personal care. c. Father shall continue providing medical insurance for the minor child as long as it is available to him through his employment. Should Father's employment be terminated or health insurance no longer available, Mother shall provide health insurance coverage for the minor child until Father can again provide insurance. d. Father shall be primarily responsible for all medical and dental expenses in addition to the cost of health insurance; however, should the child need orthodontic treatment, that expense shall be divided equally between the parties. e. Mother shall be responsible for any and all child care expenses during the school year, and Father shall be responsible for any and all child care expenses during the summer, except when the child is with Mother during the summer. f. Lisa shall continue to claim the minor child for income tax purposes for as long as this Order is in place. 20. When either party is taking the child overnight to somewhere other than his or her home, that party must provide the other with an address and telephone number where the child will be in case of emergency. 21. Neither party shall impair the other party's right to physical custody or interfere with the other party's physical custody when the child is with that party. 22. Neither party shall disparage the other party or the other party's family in front of the child, whether the child is "sleeping" or "awake," nor shall either party attempt to alienate the affections of the child from the other party or the other party's family, or allow third parties to attempt to alienate the affections of the child from the other party. 23. Neither party shall drink alcoholic beverages to the point of intoxication, nor shall either party allow third parties to drink alcoholic beverages to the point of intoxication while in the presence of the minor child. 24. Neither party shall use drugs, other than prescribed or over-the- counter medication, nor shall either party allow third parties to use drugs, other than prescribed or over-the-counter medication, while in the presence of the minor child. 25. The parties agree that Cumberland County shall retain jurisdiction over this matter regardless of where the parties reside. WHEREFORE, the parties request that this Stipulation be entered as an Order of the Court. Witness Witness ~iRietma~n Respectfully submitted Mindy S. Goodman Attorney at Law ID No. 78407 2215 Forest Hills Drive Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff WHEREFORE, the parties request that this Stipulation be entered as an Order of the Court. Witness Witness Christopher Rie[mann Lisa Harbaulh~~'~ Respectfully submitted Mindy S. Goodman Attorney at Law ID No. 78407 2215 Forest Hills Drive Suite 35 Harrisburg, PA 17112 (7~ 7) 540-8742 Attorney for Plaintiff CHRISTOPHER RIETMANN, Plaintiff LISA HARBAUGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. Or-- Z/'i',¢¢) : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this [ Z-[~Q day of (~, J~- ,2004, it is hereby ORDERED AND DECREED that the attached Stipulation for an Agreed Order of Custody is made an Order of Court and said Stipulation is adopted in its entirety and incorporated herein as an Order of Court. Dated: BY THE COURT: Judge