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HomeMy WebLinkAbout98-1241 Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232.7200 cpbrunt@paonllne.com KIMBERLY A. RAUDABAUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 1998-1:Z41 CIVIL TERM NEAL R. RAUDABAUGH, CIVIL ACTION - LAW Defendant IN CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER AND NOW, this .sfl.... day of t'J'1.uP , 2005, KIMBERLY A. RAUDABAUGH and NEAL R. RAUDABAUGH, and their respective counsel of record, hereby stipulate and agree that the foregoing Custody Order shall be entered by the Court in the above-captioned matter. /J.~ . RAUDABAUG L1~ CONSTANCE P. BRUNT, ESQUIRE Attorney for Plaintiff Date: g) lolos I I ~L ,f/ ~~L NEAL R. RAUDABAUGH, Defendant pro se Date: .f ;;- # S- '...'c;.,.S'i;.'~k." 1: ".~ (1 ~ "";;r_~ -r! i;" 1.5.-: ~ ~- 7' ~~Q. ~~: )?~. ( ~~-'-~ ~ ,...., = ~ ~ G"> - '"'" q, .-I -:t:-n ft'-.. -orD <<nO ., ~ \..-?c) --, .~r, -:C.-'1 (~(~ r'~rf"\ '~:~\ 'CO- ~Z .." ?I' Ci' - 0-' d- RECEIVED AUG 15 200r Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232.7200 cDbrunt@Daonllne.com KIMBERLY A. RAUDABAUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 1998-1241 NEAL R. RAUDABAUGH, CIVIL ACTION.. LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, 1hl, A d" of ~ 2005, "PO" ,tip""';O" of PI,I"'"" KIMBERLY A. RAUDABAUGH ("Mother"), and Defendant, NEAL R. RAUDABAUGH ("Father"), filed herein, IT IS HEREBY ORDERED AND DECREED as follows: I. JOINT LEGAL CUSTODY A. The parties will share joint legal custody of their children, Neal Ray Raudabaugh, Jr., (hereinafter referred as "Neal"), born on February 6, 1988, and Paige Lauren Raudabaugh, (hereinafter referred to as "Paige"), born on July 15, 1992. Joint legal custody means the right of both parents to control and to share in making decisions of importance of the lives of their children, including educational, medical and religious decisions. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well- being, including, but not limited to, all decisions regarding their health, education and religious training. Each parent shall be entitled to access to all records and information pertaining to the children, including, but not limited to, medical, dental, religious or school records. To the extent that one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Each parent shall be responsible to inform the other on a timely basis of any information relating to the children which could reasonably be expected to be of interest to a parent, including information relating to illness of a child rendering them unable to attend school or other planned activities and notice of any medical, dental, optical, counseling or other appointments for a child with healthcare providers, sufficiently in advance thereof so that the other party can attend if he or she so chooses. Non-major decisions involving a child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Order. B. Emergency medical decisions regarding the chilldren shall be made by the parent then having physical custody, but that parent shall communicate to the other parent the nature and extent of the emergency and will provide that other parent with all .2- information pertaining to the treatment so that the other parent may be involved in the decision-making process at the earliest possible time. C. In the event that a significant matter arises with respect to the medical care, education or financial care of the children such as a chan~le in occupation, health insurance, educational expenses or residence of a party, such matters will be discussed by both parties before either party makes any change. D. Each party will 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 the custodial arrangements. Each party shall provide the name, address and phone numbers of any persons of whose care the children will be for a period in E!XCeSS of 72 hours and for each person or entity which may provide daycare for the children, excluding current daycare providers, relatives or public school institutions. E. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Orde,r. 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 pan:mting issues. -3- II. PHYSICAL CUSTODY A. Primary Custodv: Father shall have primary physical custody of Neal, subject to the Mother's periods of partial physical custody as agre,ed by the parties hereto or at such times as requested by Neal. Commencing August 1, 2005, Mother shall have primary physical custody of Paige, subject to Father's SChl3dule of partial physical custody as agreed by the parties hereto or at such times as requested by Paige. B. Notification of Travel Plans: In the event that either party is planning to take one or both of the children out of this Court's jurisdiction and more specifically out of the Commonwealth of Pennsylvania, that party must provide at least 10 days' advance notice to the other parent, including contact information for the locations at which the child/children will be staying. C. Transportation: Transportation for custody purposes shall be divided by the parties as equally as possible. In the event that there is n,:) specific provision or agreement governing custody exchanges, the parent who is to receive custody at the time of the exchange shall provide for transportation from the residence of the other parent. At all times, the children shall be secured in appropriate passenger restraints. No person transporting the children shall consume alcoholic beveragl3s prior to transporting them or be under the influence of any alcoholic beverages while tr;ansporting them. Neither shall drink alcoholic beverages to the point of intoxication when either or both of the children are in their custody. -4- D. Forfeiture of Partial Custodv: In the event that a party who is scheduled to have a period of partial custody with the child in the other parent's primary physical custody is more than 30 minutes late for a custody exchange, in the absence of a telephone call or other communication from that party, the party with primary custody of that child may assume that the parent who is late has cho,sen not to exercise that period of partial custody, the period will be forfeited, and the party with primary custody of that child will be free to make other plans with the child. E. Children's Activities: 1. To the extent possible, each party shall provide the other with at least 48 hours' advance notice of school, splorting or extra-curricular activities. Both parties shall honor and participate in the activities in which the children wish to engage. Thl3 parent having custody of a child at the time of any scheduled extrcl-curricular activities will make certain that the child attends those activities in timely fashion. The parties will be supportive of all activities and will transport the children to and from such activities and the preparation and practices as are scheduled in sufficient time so that the children are able to participate in those events. 2. Neither parent shall commit the children to any activity unless the children definitely desire to attend that activity. Participation in activities .5- that take place during the school year is contingent upon that child maintaining passing grades in school. 3. Neither parent shall commit the children to activities requiring participation during the other parent's periods of custody without the consent of the other parent, which consent shall not be unreasonably withheld. If either of the children is involved in an activity which occurs during both parent's periods of custody, both parents shall cooperate in providing transportation to the activity. Notwithstanding, the parent then having custody shall not be required to make the child or children available to participate in that activity if that parent and the child or children are out of town at that time for a previously-scheduled vacation. 4. In the event the parent then having custody is unable to deliver the child or children to a particular activity, the parent who has custody shall notify the other parent, who shall be entitled to pick up and deliver the child or children to the designated activity. The parent having custody at that time shall make certain that the children are ready for pick up in time sufficient to enable them to timely attend the activity. 5. In the event that a parent elects not to take a child or children to a defined activity period occurring during his/her custody period on two .6- occasions, the other parent shall have the right to assume that he or she will be responsible for transporting the child or children to that activity until appropriate transportation liS provided. F. Telephone Contact: Both parties will use common sense in scheduling telephone calls to talk to the children. Neither the parties 1101' their spouses/significant others will prevent the parent who is calling from talking to the children or prevent the children from calling the other parent, provided that the phone calls are not excessively frequent or too long in duration as to disrupt the children's schedule or interfere with the period of custody then being exercised. G. Mutual Respect: Each of the parties and any third party in the presence of the children shall take all reasonable measures to foster a feeling of affection between the children and the other parent. Neither party shall do nor permit any third person to do or say anything which may estrange the children from the other parent, their spouse/significant other, or relatives, or which may injure the children's opinion of the other party, or which may hamper the free and natural development of the children's love, affection and respect for the other parent. The parties sh~11I not use the children to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. H. Modification: The parties shall be at liberty to modify the custodial schedule herein provided to accommodate their respective schedules and special events, provided .7- that any such modifications are made by mutual agreement of the parties. Any major long-term modifications of this Order must be in writing agreed to by both parties, and executed with the same formality as the Stipulation of the Parties filed herein agreeing to the entry of this Order. Minor or short-term changes can be made orally if agreed upon by both parties. In the event that either party is not in agreement with a proposed change, this Order shall control the custodial arrangement until such time the parties are able to agree or this Order is modified by the Court following hearing. / BY T~RT J. Distribution To: TTORNEY FOR PLAINTIFF: Constance P. Brunt, Esquire Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 FENDAN'T PRO SE: Neal R. Raudabaugh 2 Jenny Driv,e Boiling Springs, PA 17007 .8.