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HomeMy WebLinkAbout02-3396DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 IN THE COURT OF CO~%ION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH A. KELLER, : Plaintiff : N0.02-337~ CIVIL TERM : v. : CIVIL ACTION - LAW CHRISTOPHER K. KELLER, : DIVORCE/CUSTODY Defendant : NOTICE 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 )roceed without you and a decree of divorce or annulment may be ~ntered 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 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR kNNULMENT 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 AFFOPdD 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 AVENU~ CAKLISLE, PA 17013 (717) 249-3166 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAIdP HILL, PA 17011 (717) 737-0100 IN THE COURT OF CON~4ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH A. KELLER, Plaintiff CHRISTOPHER K. KELLER, Defendant : NO.O~ ~ 2~ CIVIL TERM : CIVIL ACTION - LAW : DIVORCE/CUSTODY Plaintiff, BETH A. KELLER, by ~torne~, DIANE G' RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: · DI E 1. The Plaintiff is Beth A. Keller, an adult individual residing at 530 First Street, Carlisle, PA 17013. The Defendant is Christopher K. Keller, an adult individual residing at 11625 Oak Tree Ridge Road, S.E., Cumberland, Maryland 21502. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on January 20, 1996 at Harrisburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. -2- DIANE G. RADCLIFF 3448 TRINDLE ROAD CAI~P HILL, PA 17011 (717) 737-0100 decree 10. The Defendant is not a member of the Armed Services of the United States or any of its Allies. The Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken; W~FOR~, Plaintiff requests this Honorable Court to enter a in divorce, divorcing the Plaintiff and Defendant· COUNT II. CUSTODY Plaintiff incorporates by references the averments set forth in paragraphs 1 through 8 herein, the same as of fully set forth at length. Plaintiff seeks custody of the following children: Sarah 5. Keller 530 First Street Carlisle, PA 17013 Grace V. Keller 530 First Street 12/8/00 Carlisle, PA 17013 11. The children were not born out of wedlock. 12. The children are presently in the custody of the Plaintiff , Beth A. Keller, who resides at 530 First Street, Carlisle, PA 17013. 13. During the past five years, the children have resided with the following persons and at the following addresses: Beth A. Keller 530 First Street 2/1/02 to Carlisle, PA 17013 present -3- DIANE G, RADCLIi=F 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737~)100 Beth A. Keller Elsie S. Finkey 159 Anderson Drive, Bedford, 15522 Beth A. Keller & 159 Anderson Christopher K. Keller Drive, Bedford, 15522 Beth A. Keller & 159 Anderson Christopher K. Keller Drive, Bedford, Laura Odor 15522 Beth A. Keller & 1126 Pheasant Christopher K. Keller Drive North Carlisle PA 17013 12/01-2/1/02 PA 11/99-12/01 PA 8/00-12/01 PA 1/96-11/99 14. The mother of the children is Beth A. Keller, currently residing at 530 First Street, Carlisle, PA 17013. 15. The mother is married. 16. The father of the children is Christopher K. Keller, currently residing at 11625 Oak Tree Ridge Road, S.E., Cumberland, MD 21502. 17. The father is married. 18. The relationship of Plaintiff to the children is that of mother. 19. The Plaintiff currently resides with the following persons: Sarah E. Keller Grace B. Keller Daughter 20. The relationship of Defendant to the children is that of Father. 21. The Defendant currently resides with the following persons: -4- DIANE G. ILM}CLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 Gl'/) 737-0100 22. Laura Odor Girlfriend 23. Plaintiff has concerning the Commonwealth. 24. Plaintiff does 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. no information of a custody proceeding children pending in a court of this 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. 25. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has been the primary caretaker of the children since their birth; b. The parties have agreed ~ha~ custody.of the Children should be awarded to Plaintiff and wall be executing an agreement for a court order granting Plaintiff custody in the near future. 26. 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. -5- DIANE G. RADCLIFF 3448 TRINDLI:I ROAD CAMP HILL. PA 17011 (717) 737-0100 WHEREFORE, Plaintiff requests the Court to grant custody of the children to the Plaintiff. Respectfully submitted, 3 T.r'~nd IFF~ ESQUIRE ~132112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff -6- VERIFICATION BETH A. KELLER verifies that the statements made in this ~omplaint are true and correct. BETH A. KELLER understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMp HILL, PA 17011 (717) 737-0100 KELLER BETH A. KELLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CHRISTOPHER K. KELLER Defendant NO. 02-3396 CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY CERTIFICATE OF SERvIC~ I hereby certify that a true and correct copy of the Complaint in Divorce has been served upon the Defendant by Certified Mail, Restricted Delivery on the 31st day of July, 2002. The return receipt for said mailing is attached hereto as Exhibit "A" and made a part hereof. Respectfully submitted, D Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff - 1 - KELLER · Complete items 1, 2, and 3. A/so COmplete item 4 if Restricted Delivery is desired. · Print your name and so that ~Can =+._a~dress on the reverse ,~Lu, fl [rle card to you. · Attach this card to the back of the mai/piece, or on the front if space permits. 1. Article Addressed to: /J'6 2 a~-"/,~ _ [-1 Agent D. Is dellve~y address different from item 1 ? E] ¥ if YES, enter delivery address below: I'"1 No 999 Domestic Return Receipt Certified Mail I'"l ExPress Mail r-i Registered 1'3 Return Receipt for Merchandise C.O.D. 102595-99.M. 1789 EXHIBIT "A" - 2 - VERIFICATION BETH A. KELLER verifies that the statements made in this Eomplaint are true and correct. BETH A. KELLER understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH A. KELLER Plaintiff Vo CHRISTOPHER K. KELLER Defendant NO. 02-3396 CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY AFFIDAVIT OF CONSENT o A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 17, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I unders~tand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: ///~/~O ~ BETH A. KELLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH A. KELLER, Plaintiff Vo CHRISTOPHER K. KELLER, Defendant NO. 02-3396 CIVIL TERM CIVIL ACTION LAW DIVORCE/CUSTODY AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) Code was filed on July 17, 2002· of the Divorce The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit 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 unsworn falsification to authorities. Dated:!~/~O0q_ CHriSTOPHER ~. KEL~E~ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH A. KELLER Plaintiff Vo CHRISTOPHER K. KELLER Defendant NO. 02-3396 CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY o WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit 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 unsworn falsification to authorities. Dated: BETH A. KELLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH A. KELLER, Plaintiff Vo CHRISTOPHER K. KELLER, Defendant NO. 02-3396 CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DEC~R~ UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. o I understand that I may lose rights concerning alimony, division of property, lawyer,s fees or expenses if I do not claim them before a divorce is granted. o I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit 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 unsworn falsification to authorities. Dated: ///~// ~_~ CHRISTOPHER K. KELLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH A. KELLER, Plaintiff CHRISTOPHER K. KELLER, Defendant NO. 02-3396 CIVIL TERM : : CIVIL ACTION - LAW : DIVORCE/CUSTODY MARITAL AGREEMENT THIS AGREEMENT made this by and between Beth A. Keller ("Wife") of 210 Carlisle, Pennsylvania, AND Christopher K. Keller 11625 Oak Tree Ridge, S.E., Cumberland, Maryland. day of /~/~_/77/~i,-, 20 ~ , Shatto Drive, ("Husband',) of WITNESS ETH : WHEREAS, the parties hereto are Husband and Wife, having been married on January 20, 1996 in Harrisburg, Pennsylvania. There were two children born of this marriage: Sarah E. Keller born May 11, 1997 and Grace V. Keller born December 8, 2000. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them - 1 - relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that upon the request of either party the terms of this Agreement shall be incorporated Into, but not merged with, any Divorce Decree which may be entered with respect to them. FINANCIAL DISCLOSURE: The parties confirm that each has provided the other with a full and complete financial disclosure of their respective incomes, assets and debts. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS: Each party understands that but for the terms of this Agreement each party would have the right to: (1) obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) have all such property valued by means of appraisals or otherwise; (3) have the other party file an income and expense statement setting forth their income and expenses; (4) compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (5) to have a court hold hearings and make decisions on the matters covered by this Agreement and/or other matters that are permitted to be raised in a divorce action including equitable distribution of marital property, spousal support, alimony pendente lite (temporary alimony) - 2 - alimony, counsel fees and costs and custody of minor children, which court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and given the understanding of his or legal rights, both parties hereby waive and all legal and procedural rights granted under the Divorce Code and the Pennsylvania Rules of Civil Procedure. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT: Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. PROPERTY DIVISION: The following shall apply to division of the property of the parties: ao Ail of the tangible and intangible personal property in the possession of Husband or titled in his sole name shall be the sole and separate property of Husband, which property shall include, but not be limited to by way of specification, the following types of property: 1. Automobiles; 2. Jewelry, clothes and personal effects; 3. Furniture, furnishings, and other household goods; 4. Pension Plans and all other retirement plans; 5. Bank accounts; - 3 - 6. Life insurance policies; and 7. Ail other types of personal property. Ail of the tangible and intangible personal property in the possession of Wife or titled in her sole name shall be the sole and separate property of Wife, which property shall include, but not be limited to by way of specification, the following types of property: 1. Automobiles; 2. Jewelry, clothes and personal effects; 3. Furniture, furnishings, and other household goods; 4. Pension plans and all other retirement plans; 5. Bank accounts; 6. Life insurance policies; and 7. Ail other types of personal property. Co Each party does hereby waive, release, renounce and forever abandon any and all right, title, interest and/or claim that he or she may have in the property that is the sole and separate property of the other party. MARITAL DEBT; The following shall apply to the debts incurred during the marriage: Wife shall be solely responsible for and shall pay any obligation or debt which she incurred in her sole name. Husband shall be solely obligated for and shall pay any obligation which he incurred in his sole name. - 4 - Co Each party shall indemnify, protect and hold the other party harmless for and from any and all liability which may arise from the obligations and debts being assumed by a party pursuant to the terms of this agreement. Neither party shall hereafter incur any debt or obligation for which the other party will be liable and if said obligation or debt is incurred in violation of this Agreement than the party incurring said charge shall immediately repay the same. 10. WAIVER OF ALIMONY, SUPPORT AND COUNSEL FEES AND COSTS: The parties agree and hereby waive any right and/or claim each may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees and costs. 11. MUTUAL RELEASE~: Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, for all matters not governed by this agreement, including but not limited to by way of specification: A. Claims against the property or estate of the other party; Bo Dower, Curtesy, Widows, family exemption inheritance and intestacy rights or other similar rights arising upon the death of a party; Co Marital rights including past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether .arising as a result of the marital relation or otherwise. 12. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their - 5 - respective heirs, executors, administrators, successors and assigns. 15. /~: This Agreement represents and constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 16. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. BETH A. KELLER Date: ' &/, ~ [~.~2 CHRISTOPHER K.. KELLER Date: (SEAL) (SEAL) - 6 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. : On this the l~~day of ~q~~.~, 2002, before me the undersigned officer, personally appeared, Beth A. Keller, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that Beth A. Keller executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ~TARY P.UB~IC STATE OF /~-] ~ : : SS. COUNTY OF ~k\kOe ~-~]t~ : Notarial Seal Diane G. Radcllff, Notary Public Camp Hill Bom, Cumberia.o Crmnty My Commission Expires Jan ~ ~ ;?004 ~, Pennsytvanla Association o~ Notarl~ On this the .~J~ day of ~(~% ~,,~ ~__ , 2002, before me the undersigned officer, personally appeared, Christopher K. Keller, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that Christopher K. Keller executed the same for the purposes therein contained. seal. IN WITNESS WHEREOF, I have hereunto set my hand and notarial  ~ (,, ~ (",~ h~C';T~,~¥ ~;~LiC STATE OF NOTARY PUBLIC /~ - 7 - BETH A. KELLER, Plaintiff Yo CHRISTOPHER K. KELLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3396 CIVIL TERM : : CIVIL ACTION - LAW : DIVORCE/CUSTODY CUSTODY ORDER AND NOW, this ~ day of~ ~~, 2002, upon consideration of the within Stipulated Custody Agreement executed by Beth A. Keller (hereinafter referred to as "Mother") and Christopher K. Keller (hereinafter referred to as "Father" ) (Mother and Father are sometimes hereinafter referred to individually "Parent" and collectively "Parents") pertaining to their minor children, Sarah E. Keller, born May 11, 1997 and Grace V. Keller, born December 8, 2000 (hereinafter referred to as the "Children"), IT IS HEREBY ORDERED AND DECREED as follows: LEGAL CUSTODy: Mother shall have legal custody of the Children. Mother's rights of Legal custody shall be exercised under and subject to the provisions set forth in Section C. of this Order. PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Children: Primary Custody: Mother shall have primary physical custody of the Children to be exercised in accordance with the custody schedule hereinafter set forth. Partial Custody: Father shall have rights of partial physical custody of the Children to be exercised in accordance with the custody schedule hereinafter set forth, which schedule sets forth the minimal periods of custody to which he shall be entitled. In addition, Father shall have such other periods of custody on such - 1 - days and for such times as may be hereafter mutually agreed upon by the parties Custody Schedule: The Parents rights of custody shall be in accordance with the following schedule: so Primary Custodian's Periods: Mother shall have custody of the Children for all periods not specifically reserved for Father. bo Alternating Weekends: The Parents shall alternate custody on weekends from Friday at 7:00 p.m. until Sunday at 9:00 p.m. Holidays/Special Days: Custody for major holidays and special days shall be in accordance with the following schedule: HOLIDAYS TIMES EVEN ODD YEARS YEARS Easter Day 9:00 a.m. to 9:00 p.m. Mother Mother Memorial Day 9:00 a.m. to 9:00 p.m. Father Father July 4th 9:00 a.m. to 9:00 p.m. Mother Mother Labor Day 9:00 a.m. to 9:00 p.m. Father Father Thanksgiving Day 9:00 a.m. to 9:00 p.m. Father Father Christmas 9:00 a.m. on 12/24 to Mother Mother 9:00 p.m. 12/25 Mothers Day 9:00 a.m. to 9:00 p.m. Mother Mother Fathers Day 9:00 a.m. to 9:00 p.m. Father Fathe do Summer Vacation Time: Each Parent shall be entitled to two (2) uninterrupted weeks of custody of the Children under and subject to the following terms and conditions: Non-Consecutive Weeks: The weeks are to be exercised in two (2) non-consecutive one (1) week periods, with at least one week in between each summer week. o Encompassing Regular Weekend: To the extent possible these weeks shall be scheduled to encompass the selecting Parent's regular alternating weekend. 3. Weekend Switching: If said scheduling set forth in - 2 - subparagraph 2 above is not possible or practical, then the Parent selecting the custodial time period that encompasses the other Parent's regular alternating weekend shall switch weekends with the other Parent so that neither Parent has custody of the Children for more than two (2) consecutive weekends. Advance Written Notice: Each Parent must provide the other Parent with at least thirty (30) days advance written notice of his or her intention to exercise each of these custodial weeks. ~: Should conflict arise between the selection of said weeks the first Parent to notify the other Parent of his or her selection shall have the right to exercise custody on the weeks selected and the other Parent shall select other times for his or her weeks so as to avoid any conflicts. Modification: The Parents shall be at liberty to modify the custodial periods herein provided to accommodate their respective schedules and special events, subject, nonetheless in all respects to the mutual agreement of the Parents for any such modifications. Such modifications may include providing Father with additional periods of custody over and above those provided in the custody schedule. P_r~: The holiday 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. o Transportation: The transportation necessary for the custodial exchanges herein set forth shall be provided by Father. MISCELLANEOUS TERMS: 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 regarding the health, education, religion, and general well being of the Children. - 3 - o o 10. 11. 12. 13. Non-Major Decisions: In the event any non-major decision needs to be made by Father during his custodial periods involving the Children's day to day living, rules and schedules during while in his home, those decisions can be made by Father as long as that decision does not interfere with or impact upon Mother or her custodial periods. To the extent possible, Father shall attempt to make his decisions, rules and schedules the same as, or similar to, the decisions, rules and schedules made or instituted by Mother, so as to provide the Children with continuity regardless of the then existing custodial Parent. Father shall promptly communicate with Mother regarding these matters so as to effectuate the purposes of this Paragraph. Emergency Decisions: In the event an emergency decision regarding the Children needs to be made by Father during his custodial period, he shall immediately communicate to Mother the nature and extent of the emergency and shall provide Mother with all information pertaining to the treatment so that Mother may be involved in the decision making process at the earliest possible time. Notice of Activities: Each Parent shall provide the other Parent with at least forty-eight (48) hours advance notice of school or other activities whenever possible if notice thereof is not reasonably available to the other Parent. No Derogatory Comments: Neither Parent shall make any derogatory comments about the other Parent in the presence of the Children, and to the extent possible shall prevent third parties from making any such comments in the presence of the Children. No Discussion: Neither Parent shall discuss any aspect of the custodial situation with the Children, and shall not utilize the Children for purposes of conveying information or inquiries pertaining to the Children to the other Parent. Care Providers: Each Parent shall provide the other Parent with the name, address and phone number of any babysitter or other daycare providers that regularly watch the Children for that Parent. Telephone Contact: Both Parents shall be afforded reasonable telephone contact with the Children while in the other Parent's - 4 - 14. 15. custody and for said purposes each Parent shall provide the other Parent with his or her home phone number where the Children can be reached when in the that Parent's custody. Temporary Absence from Residence: If either Parent intends on removing the Children to a location different from his or her residence for a period in excess of forty-eight (48) hours that Parent shall provide the other Parent with the address and phone number where the Children can be reached during the period of absence. Therapy/Medication/Release: The following shall apply regarding the therapy, treatment and medication of Father for psychological or psychiatric conditions: do T21azlap_~: Father shall continue to engage in therapy and shall attend all appointments as directed by his therapist and/or psychiatrist until such time as it is determine by them that further therapy is no longer necessary. ~dJ_~iD/L~: Father shall take his Prozac and/or any other medications that may be prescribed by his psychiatrist and/or physicians who are treating him for any psychological or psychiatric condition in such dosages and for such time as may be directed by his psychiatrist and/or physicians until it is determined by them that such Prozac or such other medications are no longer necessary. Communication: Mother shall be entitled to communicate with Father's therapist, psychiatrist and any of Father's other physicians who may be involved in the treatment of Father for psychological and/or psychiatric purposes, issues or condition for the limited purposes of: (1) verification of Father's compliance with the therapy, appointment and medication provisions set forth in Paragraph 15 above; (2) verification that Father is actively working on his depression and/or any other psychological issues or conditions that he may have; and (3) obtaining any general information that may indicate any potential harm to the Children as the result of Father's condition, which information can be given to her without divulging the specific content of any confidential communications between Father and his therapist, psychiatrist and/or other physicians. P~: Father shall execute a Release directing and e o permitting the above referenced communication between Mother and Father's therapist, psychiatrist and/or other such physicians. It is to be understood, however, that the actual specific communication between Father and his therapist, psychiatrist and/or other physicians may confidential and private and it is not intended by this Order to require Father, his therapist, psychiatrist and/or other physicians to revealed to, or discuss with, Mother any communication or matter of a confidential nature. Rather, this Order is intended only to permit Mother to obtain the verification and information specifically set forth above so that she can ensure the safety of the Children. Temporary Suspension of Partial Custody Right~: If Father fails to engage in therapy, attend the appointments or to take his medication as directed or prescribed by his therapist, psychiatrist or other physicians, or if he fails to execute or revokes the release set forth in Paragraph 16 below, then Mother shall have the right to deny him his rights of partial custody set forth herein until such time as: (1) Father has recommenced that therapy and mediation; (2) Father's therapist, psychiatrist and/or other physicians have advised Mother that Father is complying with the above stated requirements and does not represent any danger to the Children; and (3) until the Release required above has been executed or reinstated. No Finding of Danger: The foregoing provisions are not intended to indicate that Father is, or has been, a danger to his Children. Rather, these provisions have been included as a precautionary measure to ensure the future safety and well being of the Children. - 6 - Distribution To: Attorney for Plaintiff: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Beth A. Keller 210 Shatto Drive Carlisle, PA 17013 Christopher K. Keller 11625 Oak Tree Ridge, S.E. Cumberland, MD 21502 - 7 - BETH A. KELLER, Plaintiff Vo CHRISTOPHER K. KELLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL TERM : : CIVIL ACTION - LAW : DIVORCE/CUSTODY STIPULATED CUSTODY AGREEMW. NT AND NOW This D~/~ day of ~~3~, 2002, Beth A. Keller ("Mother") and Christopher K. Keller ("Father") hereby stipulate and agree that the foregoing Custody Order regarding their children, Sarah E. Keller, born May 11, 1997 and Grace V. Keller, born December 8, 2000 ("Children") shall be entered by the Court in the above captioned matter. IN WITNESS W~EREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. BETH A. KELLER {SEAL} Date: CHRISTOPHER K. KELLER Date: {SEAL} My Comm~skm Expir~ December 26, 2004 - 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~.,~~_. ~. PENNA. BETH A. KELLER, Plaintiff VERSUS CHRISTOPHER K. KELLER, Defendant NO. 02-3396 CIVIL TERM AND NOW,, DecreE IN DIVORCE , 2002 , IT iS ORDERED aNd DECREED THAT BETH A. KELLER PLAINTIFf, AND CHRISTOPHER K. KELLER , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHiCh haVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; No issues are outstanding. Ail issues have been resolved and settled by ~he parties' Marriage Settlement Agreement dated ged with, of record and incorporated int ATTEST: November 5, 2002, filed this Decree. Jo PROTHONOTARY