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HomeMy WebLinkAbout06-4591 ~ " .... RUSSELL K. ROEDER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Ol. -.l(9i( <:Z~(,)~L<:...y-~l v. HEIDIB. ROEDER, CIVIL ACTION - LAW IN CUSTODY DEFENDANT COMPLAINT AND STIPULATION FOR CUSTODY AND NOW, this Z,u./ day of 1;.; kJ,1- counsel, enter into a Stipulation for Custody as follows: , 2006, the parties hereto, with their WHEREAS, the parties hereto are husband and wife, who have agreed to separate and to live separate and apart; and WHEREAS, the parties are the parents of two minor children; Andrew Boyd, born September 18, 1987; and Evan Connor, born February 18, 1996. WHEREAS, the parties have reached an agreement regarding the best interests of their minor children. NOW THEREFORE, Plaintiff and Defendant do stipulate and agree that the best interests and welfare of their said children will be served by the following: 1. The Plaintiff is Russell K. Roeder, who currently resides at 4122 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, since 2002. 2. The Defendant is Heidi B. Roeder, who currently resides at 464 Woodcrest Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, since 1995. 3. Plaintiff seeks shared legal and partial physical custody of Andrew Boyd Roeder and Evan Connor Roeder, all currently residing at 464 Woodcrest Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. II, 4. The children were both bom of the marriage. 5. The children are presently in the custody of Defendant. During the past five years, the children have resided with the following persons and at the following addresses: Name Address Lerurth Heidi B. Roeder 464 W oodcrest Drive, Mechanicsburg, P A 17050 2002-present Russell K. Roeder Nantucket Drive, Mechanicsburg, P A 17050 2002-present Russell K. Roeder & Heidi B. Roeder 464 W oodcrest Drive, Mechanicsburg, P A 17050 1995-2002 6. The Mother of the children is the Defendant. Defendant currently resides with both minor children. 7. The Father of the children is the Plaintiff. Plaintiff currently resides alone except for periods of partial custody with the children. 8. Neither party has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. 9. Neither party has any information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 10. Neither party knows 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. 11. 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. There are no other persons who are known to have or claim a right to custody or visitation of the children. II 12. The parties agree to submit this Stipulation to the Court with the respect that the following terms be made part of an Order of Court for custody in the above-captioned matter. a. The parties will share joint legal custody of Andrew Boyd, born September 18, 1987; and Evan Connor, born February 18, 1996. The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shal1 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 interest. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shal1 notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concem to the other. Day to day decisions shal1 be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent then having physical custody of the children at the time of the emergency shall be permitted to make any inunediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 PaC.SA 9 5309, 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 or information given to either party as a parent as authorized by statute. b. Mother shall have primary physical custody of the children. c. Father shal1 have periods of partial physical custody of the children according to the following schedule: 1. Father shall have custody of Evan Connor and Andrew Boyd from after school on Tuesdays and Thursdays. Evan Connor shall remain overnight and Father shall transport him to school on Wednesday and Friday mornings after his periods of overnight custody. Andrew Boyd will be encouraged to stay overnight during Father's evening custodial period, but may, with Mother's advance permission, return to her residence. 11. Father shall have custody of Evan Connor from 6:00 p.m. on Friday evening until 5:00 p.m. Saturday afternoon, at which time Father will return Evan Connor to Mother's residence. d. Weekends For one weekend per month, each parent shall have Evan Connor and Andrew Boyd from Friday after school until Monday moming, when the minor children shall be returned to school. e. Holidays: 1. Christmas The parties intend to continue to spend Christmas together with the children and to continue an arrangernent under which the children spend Christmas Eve with Father and return to Mother's house by midnight. The parties and the children spend Christmas Day together at Mother's house. In the event either party wishes to change that, the Christmas holiday shall be divided in two segments. Segment A shall be frorn 2:00 p.m. on December 24 until 2:00 p.m. on Christmas Day and Segment B shall be from 2:00 p.m. on Christmas Day until Decernber 26 at 2:00 p.m. The parties shall alternate segments each year with Mother having Segment A and Father having Segment B in all even years. Father would have Segment A and Mother would have Segment B all odd years. n. Thanks~ving The parties intend to continue to spend Thanksgiving Day together with the children, but in the event either party wishes to change that, Thanksgiving Day shall be alternated between the parties on an annual basis. Father shall have Thanksgiving Day in all even years. Mother shall have Thanksgiving Day in all odd years. iii. Memorial Dav and Labor Dav Weekends Memorial Day weekend and Labor Day weekend shall be alternated with Mother having Memorial Day weekend and Father II. having Labor Day weekend in all even years. Father shall have Memorial Day weekend and Mother shall have Labor Day weekend in all odd years. The custodial periods shall begin Friday evening at 6 p.m. and end Monday evening at 6 p.m. IV. Fourth ofJulv The Fourth of July holiday shall be alternated with Mother having custody in all even years and Father having custody in all odd years. e. Vacations: Each parent shall be entitled to up to one (1) week of custody with Evan Connor each year. The parties shall each provide the other with thirty days notice ofhislher intention to exercise the extended custodial period. It shall be understood that despite the 30 days notice, the first parent to advise the other ofhislher vacation schedule shall preclude the other parent from selecting that same time. f. If either parent wishes to move more than 30 miles from their present residence, one hundred twenty (120) days written notice of the intended move shall be provided to the other parent. g. The parties shall cooperate to the maxirnum extent possible to undertake their best effort to serve the best interest of the children in their parenting. h. The holiday schedule shall always supersede the regular schedule of custody. I. Each of the parties shall permit reasonable telephone contact between the children and the non-custodial parent. J. Both parents shall refrain from making derogatory comments about the other parent in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children. k. Neither parent shall abuse alcohol, use drugs or smoke cigarettes in the same vehicle or household when they have custody of the children. I. The Plaintiff and Defendant do verify that they stipulate as set forth above and that the statements herein are true and correct to the best of their knowledge and information and belief. Plaintiff and Defendant understand that false statements herein are made subject to the penalties of 18 PaC.s. g4904 relating to unsworn falsification to authorities. ~PJ.k Heidi B. Roeder, Defendant IGEL, ANDERSON & SACKS, LLP HOWETT, KISSINGER, CONLEY & HOLST By: u V. Levin, Esquire LD. #: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff By: Cindy S. Conle 130 Walnut S P.O. Box 810 Harrisburg, P A 17108 Attorney for Defendant squire t ~.., " i ~ 1 \ ::::: ...... ~ ~ k.) e <=> . ~ ~~ ~ ?!:' :I>'" '"'t.'lIJ) c: n'"!r1 ~ (;, "'z ....... Zl;~ I 5 - cp &~;p:. <.0 :!! FC -< ~::' :;:J1{ r:: l) -a cF- ,<'- ~ r ~r._~: :It '70 b ~~(.) OM - >c; ~ ~ J:- z t' -~ x:- '< ...... <.0 II II.' J. 6/30/20064:30:24 PM/A VUsmmldft3 RUSSELL K. ROEDER, PLAINTIFF v. HEIDI B. ROEDER, DEFENDANT AND NOW, this ~ day of ').... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ex. -.LJ~91 (!,u~c-r~ CIVIL ACTION - LAW IN CUSTODY ORDER t1'\). , 2006, having reviewed the parties' Complaint and Stipulation for Custody, the Court is satisfied that the best interests and welfare of the children ofthe parties, Andrew Boyd and Evan Connor, will be served by adopting the Stipulation as an Order of Court. ~-/~-M) ~ .~ ~ BY THE COURT: J. \fIN\f^lASNN3d I "'0"" r, "',' ",,"I' "', r, tArn'" 1Ul"1 (1) 1,. 'I' ;":-1:-)("11 V 2 I : II WlJ 91 snv 900l AtW1ONCHlOcd 3Hl :10 3:)1:!~o-Q311:l