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Home My WebLink About00-02912 r -" C'r. ,,--,;,,: , ;'.';'i".;.'.._,,;'" .~ "~ li,e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE L. ASPER, Plaintiff : v. : NO. ()()-J..(jr ^' Civil Term ROGER H. ASPl!:R, Defendant IN CUSTODY "" ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel ~ear,~~~~~~~\~~:~~ ,t~~ ~:cilitor, ~:y of ~u~ ' 2000, at \', ( -4L.m., for a Pre-Hearing Custody nference. At such Conference, an effort wlII be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary Order. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT: )~Alr ., l~) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A I.AWYER 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 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the office set forth above. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled Conference or Hearing. -. " Co .,.-^ '\ 'YrFILED.4JFRCE ^J':= ,"'r,,' ,r"'^T'^RY 1 i, ,--;",~" '-'\jl'i1,) ,..... jV,D 'lA, tj \' ! 8 pr~~ ...~: 11 v." i' , . ~ .,~ . ~ r>' "i."C")" '..'U.,"-f '-'0i":H."::.~.l '\lP/' U l.....I,J l~ i l PEf\JNSYLV/~Ni/~\ 0~/1f.0) !kI. ~ ~ ~ ~S, .sY"1?'tf') 7l~ ~ 'i. tijI. 6-/g-tJO ~ /lACtAfJ.A/ z;: 4f"~ ~~-" , ~ - ~y, ,~ __""','." 1.,M8!If\'!I!I~~'J!Will'lffi'~~illRi~j1ID!P!I~!$~IjI~ ~ ~' '- ,,"" ~ .,. -i._.J I"'," ., <'" ""=''',~>' --, p-,', ' 0., ", ._~.~ "'.";~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE L. ASPER, Plaintiff . . . . v. : NO. Civil Term ROGER H. ASPER, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY ~ AND NOW, this _q day of , 2000, comes the Plaintiff, DANIELLE L. ASPER, by and her attorney, Maryann Murphy, Esquire, of Legal Services, Inc., and respectfully files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is DANIELLE L. ASPER who currently resides at 185 North Main Street, Biglerville, Cumberland County, Pennsylvania. 2. The Defendant is ROGER H. ASPER who currently resides at 38 Richard Avenue, Shippensburg, Cumberland County, Pennsylvania. 3. The Plaintiff seeks primary physical and shared legal custody of the following children: BRITTNEY ASPER, born June 21, 1988 KAYLA ASPER, born March 7, 1991 KAREN ASPER, born May 27, 1992 and HEIDI ASPER, born June 12, 1995 , ~",.I _:, " . '.' .-,,'; >' 'J ,,' .' -",-",' ~__, ,,. , . "':i!i' 4. Brittney was born out of wedlock. Kayla, Karen, and Heidi were born in wedlock. They currently reside with the Defendant. 5. During the lifetime of the children, they have resided at the following addresses with the following persons: Time Address with Whom birth-1991 915 Baltimore Rd. Shippensburg, PA Plaintiff/Defendant Defendant's father and his girlfriend 1991-1992 2827 Shippensburg Rd. Biglerville, PA Plaintiff/Defendant Plaintiff's parents/ Plaintiff's brother 1992-1997 Roxbury Ridge Apts. Shippensburg, PA plaintiff/Defendant 1997-12/99 38 Richard Ave.. Shippensburg, PA Plaintiff/Defendant 12/99-present 38 Richard Ave. Shippensburg, PA Defendant 6. The father of the children is ROGER H. ASPER. He is married to Plaintiff. 7. The mother of the children is DANIELLE L. ASPER. She is married to Defendant. 8. The children currently reside with Plaintiff. ~,~. , < 9. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or any other Court, except as set forth above. 10. The Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 11. The 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. 12. Each parent whose parental rights to the children have not been terminated, and the persons who have physical custody of the children, have been named as parties to this action. There are no other persons known to have or claim a right to custody or' visitation of the children and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 13. The best interest and permanent welfare of the minor children will be served by granting Plaintiff primary physical and shared legal custody. WHEREFORE, Plaintiff requests this Honorable Court to grant her primary physical and shared legal custody of BRITTNEY, KAYLA, KAREN and HEIDI. Respectfully submitted, Maryann Legal S rvices, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 LD. # 61900 Attorney for Plaintiff .,c - _<-, I-I -, - - ,- '-;;;-~ ="-' "" ' , ~, n"---j ,I ,1 VERIFICATION I, DANIELLE L. ASPER, verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. -})OM~J ~ DANIELLE L. ASPER ~l . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE L. ASPER, Plaintiff . . VS. NO. Civil Term ROGER H. ASPER, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of , 2000 I served a true and correct copy of the foregoing Custody Complaint on the Defendant, ROGER H. ASPER at the address set forth below, by placing a copy of same in the United States Mail, postage prepaid, certified/restricted delivery. Roger H. Asper 38 Richard Avenue Shippensburg, PA 17257 Respectfully submitted, Maryan Murphy, Legal Services, 8 Irvine Row Carlisle, PA 17013 (717) 540-8600 LD. # 61900 liilI_~llllJl:> -..........w:.lf~~JIWlioilltill!ll!fA'Ii'!IIlllW=- .-~ "- - ~ 1 -~~ 0 t.:::;'l C) c C;, .1 ~ ::rt: .~ l)[;] . ',\" '--:1# nlr-;~ w,,:;: Z::G lS~;~ I "urn" ,.0 ;\::~ -<",. r.:::C-: .::/( -u ;~:B i:;:: ~.... ::,~~: ~~~ ~"S:C) t..J- 0 rn -, ":;l;! ~_.- .:.n --I ::0 ~<. (7\ -< ~~' \" 1- ~' '.s, '-:' '" \J-> !J\ ~ , , , .".- ','; . -'~""- '1.. 1IIili~-:; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW DANIELLE L. ASPER, Plaintiff : NO. ex:> ~.2.C; I ~ Civil Term v. : IN CUSTODY ROGER H. ASPER, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, DANIELLE L. ASPER, Plaintiff, to proceed in forma oauoeris. I, Maryann Murphy, Esquire, of Legal Services, Inc., attorney for the party proceeding in forma oauoeris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. ~SqUire Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff -.'---- __'~ I,~' _', '" , ~ - - ~ -t,~,J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE L. ASPER, Plaintiff : NO. Civil Term v. : IN CUSTODY ROGER H. ASPER, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I. I am DANIELLE L. ASPER, Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: DANIELLE L. ASPER Address: 185 North Main St.. Biglerville. PA 17307 (b) Social Security Number: 195-56-2301 If you are presently employed, state N/A Employer: N/A Address: N/A Salary or wages per month: $ N/A Type of work: N/A , -.' < -,,",'-- , -', ~ I." If you are presently unemployed, state Date of last employment: 4/5/00 Salary or wages per month: $1323.00 Type of work: Machine ooerator (c) Other income within the past twelve months Business or profession: -0- Other self-employment: -0- Interest: -0- Dividends: -0- Pension and annuities: -0- Social Security benefits: -0- Support payments: -0- Disability payments: -0- Unemployment compensation and supplemental benefits: -0- Workman's compensation: -0- Public Assistance: -0- Other: -0- (d) Other contributions to household support (Wife)(Husband) Name: N/A (the oarties are seoarated) If your (husband) (wife) is employed, state Employer: N/A , b ;"_'~!--,, --"-" ""li!'i . . c_ --~,"-I', - ,"' ,;--_, _," ,C,-,; '~_-,I '~~', ' Salary or wages per month: N/A Type of work: N/A Contributions from children: N/A ( e) Property owned Cash: -0- Checking Account: -0- Savings Account: -0- Certificates of Deposit: -0- Real Estate (including home): Unknown equitv-marital residence Motor vehicle: Make -0- Year -0- Cost -0- Stocks; bonds: -0- Other: -0- (t) Debts and obligations Mortgage: -0- Rent: -0- Loans: -0- Monthly Expenses: -0- Amount owed -0- (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A .--~, '-...>--->' "h,j , 1 .,'" '.'IC-,_~.~> '_'*~ ',;;~ -""'_n-' _", ~-S',~;: Children, if any: Name: Brittnev Age: 12 Name: Kavla Age: 9 Name: Karen Age: 8 Name: Heidi Age: 5 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 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. 4904, relating to unsworn falsification to authorities. Date: 5=-9-J006 ~J~ DANIELLE L. ASPER .' ibili~~iIlUt"jn '~'liti~~W'~~~_~~-"rnr"-<' '" ~ ~-.- iufl -~ o c :';"" -ofi'.:> Q-,r-r_ fJjJs~ .~~ z --' -< -. 1 (;:) <::> ~ (:.1 "T1 ::;:J :,.'::'J . 'r- --,fTl cl50." () T ::;:!Q ~-H ~o om -oj ~ -< -~ 1 '1;) -r, :A: ':'? U1 th n '" ~- ~-I;, -- '.~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE L. ASPER, Plaintiff, v. NO. 00-2912 Civil Term ROGER H. ASPER, Defendant. IN CUSTODY ANSWER TO COMPLAINT FOR CUSTODY AND NOW comes the Defendant, Roger H. Asper, by and through his counsel, Jerry A. Weigle, Esquire, and files his answer to the Plaintiff's Complaint for Custody as follows: 1. Admitted in part and denied in part. It is admitted that the Plaintiff in this custody matter is Danielle L. Asper. It is denied that the Plaintiff resides at 185 North Main Street, Biglerville, Cumberland County, Pennsylvania, or that Biglerville, Pennsylvania, is located within Cumberland County. The specific whereabouts of the Plaintiff are unknown to the Defendant, but he believes and therefore avers that Plaintiff now resides somewhere in Chambersburg, Franklin County, Pennsylvania. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that the parties hereto are the natural parents of the children named in paragraph three of the Complaint. It is denied that Plaintiff desires at present or is physically, emotionally and financially able to assume primary physical and shared legal custody of said children. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. All of the children involved in this proceeding presently reside with the Defendant and have resided with him since the Plaintiff left the marital residence on or about December 2, 1999. 9. Admitted. WEIGLE. PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 +ill ~ I..... .'" ~--.~n~, 10. Admitted. 11. Admitted. 12. Admitted. 13. Denied. The best interest and permanent welfare of the minor children will best be served by continuing primary residential custody in the Defendant for the following reasons: a. The Plaintiff is not physically, emotionally and financially able to assume primary residential custody. b. The Plaintiff has virtually abandoned said children in favor of other men and a "singles" lifestyle. c. The Plaintiff has displayed very little interest in her children since separating from the Defendant. d. The Plaintiff does not have suitable living accommodations to properly house and care for four (4) minor children. e. The Plaintiff does not presently reside within the same school district as the Defendant and the children. f. The Defendant has been a good and loving parent and has done a good job to date in caring for his children and holding his family together. g. The Plaintiff has recently stated to the Defendant that she no longer desires to obtain primary residential custody. WHEREFORE, Defendant requests this Honorable Court to dismiss Plaintiff's prayer for relief and to award legal and primary residential custody of the children involved in this proceeding to the Defendant. Respectfully submitted, By: Je A. W . gle, Esquire 126 East King Street Shippensburg, P A 17257 717-532-7388 I.D. # 01624 Attorney for Defendant WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 f" ~ ,~ <, < . ,;J~- _~, ~'~l-' VERIFICATION I verify that the statements made in the foregoing Answer to Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: (;, - ,;;{d- 00 .{~ ~ c1r::- WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 I~ " --"I , . .. DANIELLE L. ASPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 0D-29l2 CIVIL TERM . . ROGER H. ASPER, : CIVIL ACTION - LAW Defendant . IN CUSTODY . ORDER OF COORT AND NCIiI, this consideration of the attached and directed as follows: If.. day of ~ , CUstody Conciliati n Report, it 2000, upon is ordered 1. The Mother, Danielle L. Asper, and the Father, Roger H. Asper, shall have shared legal custody of Brittney Asper, born June 2l, 1988, Kayla Asper, born March 7, 1991, Karen Asper, born May 27, 1992 and Heidi Asper, born June 12, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding their health, education and religion. 2. The Father shall have primary physical custody of the Children. 3. Upon obtaining appropriate housing in which the Mother can have the Children overnight at her residence, the Mother shall have partial physical custody of the Children for the remainder of the summer school break 2000 in accordance wi th the following schedule: A. From after work on the day before the Mother has a day off work through the morning on which the Mother returns to work. B. The Mother shall also have custody of the Children on the weekend when she has off work (every 6th weekend) in addition to the 2 days during the week when she does not work. The specific times for transfer of custody under this provision shall be arranged by agreement of the parties. C. The Mother shall have custody of the Children when the Father will be unavailable due to training during 1 week in August from Sunday through Sunday. D. UnlesS otherwise agreed between the parties, the Mother shall provide the transportation for exchanges of custody, with the exception of the Mother's weekend period of custody when the Father shall provide the transportation. E. The Mother shall advise the Father of her work schedule for the following week promptly upon receipt of the schedule from her employer. ~ l I .~ "~-"~_., .. 4. The custody schedule set forth in this Order shall continue until the day before the 2000-200l school year begins. The parties shall cooperate in establishing a custody schedule for the school year by agreement. In the event the parties are not able to reach an agreement as to ongoing custody arrangements, the parties and their counsel shall attend a second custody Conciliation Conference in the office of the Conciliatior, Dawn S. sunday, Esquire, on September 5, 2000, at l:OO p.m. Pending the Conciliation Conference, the Father shall have primary physical custody of the Children subject to the Mother's periods of liberal partial custody. 5. In the event either party intends to relocate his or her residence to the extent that modification of the custody arrangements would be necessary, that party shall provide the other party with 60 days advance notice to enable the parties to modify the custody arrangements by agreement or obtain a resolution through the legal process. 6. The parties agree that the custody arrangements set forth in this Order will not affect the current child support arrangements. 7. This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The parties may modify the provisions of this Order by lIRltual consent. In the absence of lIRltual consent, the terms of this Order shall control. J. / cc: Maryann Murphy, Esquire - Counsel for Mother \... . ~ tJ 1- J 3 . 1ft) Jerry A. Weigle, Esquire - Counsel for Fathe~. ~---. r;~r4II" ,~ "',~ , ,~-~~ """',..,.,.-. ~ ~ ~ " "~ ~ , .~. ._~>, . r, !'::I:~r;'~i:!:!0Z '". \'/T;J9v , , nt) Uu .J1Jt. I;,' .... /J elf I. ~.... V/~ll)r~, ~/. r:-O >:~'-::f-)i.rl\ "", "V Re;'\f' '\Ij I". 'IVS},! ".'" fA, d)//VtqU, v Ty ~~~~M-R<>I'llj!~~ r,m;!ll., ,,~",,~\\Mj!! '- 1..-...<., """ ~ DANIELLE L. ASPER, : IN THE COURT OF COMMON PLEAS OF plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . NO.00-29l2 CIVIL TERM . . . ROGER H. ASPER, : CIVIL ACTION - LAW Defendant . IN CUSTODY . CUSTODY <nlCILIATICN SUMMARY REPCRT IN ACCORDANCE WITH CUMBERLAND <XXlNTY RIlLE OF CIVIL PROCEDURE 19l5.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brittney Asper Kayla Asper Karen Asper Heidi Asper June 2l, 1988 March 7, 1991 May 27, 1992 June 12, 1995 Father Father Father Father 2. A Conciliation Conference was held on July 6, 2000, with the following individuals in attendance: The Mother, Danielle L. Asper with her counsel, Maryann Murphy, Esquire, and the Father, Roger H. Asper, with his counsel, Joseph Ruane, Esquire (for Jerry A. Weigle, Esquire). 3. The pacties agreed to entry of an Order in the form as attached. Dat~ f)q<<~ Dawn S. Sunday, Esquice Custody Conciliatoc c."d-OOtl . J "' ~~ " - ! . I,", SEP 5 ~-! I I i I DANIELLE L. ASPER, . IN T~ COURT OF COMMON PLEAS OF . Plaintiff : CUMBJjm.ANn COUNTY, PENNSYLVANIA : vs. . CIVIL ACTION - LAW . . NO. 00-2912 . : ROGER H. ASPER, . . Defendant . IN CllSTODY . ORDER OF COORT AND Nai, this 29th day of August! 2000, the Conciliator, being advised by counsel for the parties that all custody issues have been resolved by agreement, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled! for September 5, 2000 is canceled. FOR THE COURT, Da{2~ Custody Conciliator ~ "'~ ~~ -~~-.< -. .'''il~~ffi~~I&l,",o'''''':H-1!if-~__ ' .",,-,,,,-, C."') -" c C;,'-'" ~~ ---..!Zl.. 'i;2 ~-S~2 ,',(;~~ dLd !~::"1[L ," ~ -~ o CG "'~ C::i c., W---' f./: C' ,---'-, ;~, """'~ :iIi&BIi ~~,=,,~ .""" < ~..J-"Wli!IiIMi~1iIIIiiiiiiaI ~.~ '"c \ L-" . ,~ , ir.n';;;:~ ~ IN THE' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW DANIELLE L, ASPER, Plaintiff No. 00-2912 Civil Term v. ROGER H.ASPER, Defendant IN CUSTODY AND NOW, this 10 ORDER~ day of ~..\ 2001, upon conside~ation of the attached Stipulation for Modification of Custody Order, IT IS HEREBY ORDERED AND DECREED that custody of the minor children: BRITTNEY ASPER, born June 21, 1988; KA YLA ASPER, born March 7, 1991; KAREN ASPER, born May 27, 1992; and HEIDI ASPER, born June 12, 1995, shall be as follows: I. The parents shall share legal custody of the minor children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding the children's health, education and religion. With regard to any emergency decisions which must be made, the party with physical custody of the children at the time shall be permitted to make the decision necessitated by the emergency without consulting the other party in advance. However, the party with physical custody making an emergency decision shall inform the other of the emergency and consult with them as soon as possible. Day-to-day decisions of a routine nature, including those relating to medical care, shall be the responsibility of the party having physical custody at the time. . 2. F ATHER shall have primary physical custody of the minor children, and MOTHER shall have liberal periods of partial physical Gustody. The parents shall copperate in ensuring that - ~ jf '. l_d ;<1 , MOTHER's time with the minor children is maximized, taking into consideration her work schedule and the children's school schedules. MOTHER shall have the minor children on the weekends when she is not working. FATHER shall provide transportation for custody transfers on the weekends. During the sununer months, the parents shall share custody of the children according to their respective work schedules. 3. Both parents shall provide the other with a current address and phone number for contact, as well as their respective work schedules in order to determine the specific days each parent shall enjoy custody. 4. The parents shall communicate directly with each other regarding their children. S. Both parents shall permit reasonable telephone access between the children and each of their parents. 6. Both parents shall encourage a close and loving relationship between the children and each of their parents. 7. MOTHER shall have the minor children on Mother's Day and FATHER shall have the minor children on Father's Day. 8. The parents shall alternate or share the holidays with the minor children each year, particularly Easter, Thanksgiving and Christmas. 9. MOTHER and FATHER shall each have the opportunity to see the minor children on their birthdays, and on each of the parent's birthdays. 10. The parents shall each be entitled to two (2) weeks of sununer custody with the minor children every year. These weeks need not be consecutive. ,If possible, the parents shall give each other thirty (30) days written notice of their chosen weeks of summer custody. In the event that both parents choose the same week(s), the parent who <0 " _. ~ --", ll_";i:' ~ gives fiist notice shall prevail. 11. This Order shall replace and supercede any and all prior Orders of Court or agreements between the parties. 12. This Order shall remain in full force and effect until further Order of Court. BY THE COURT: / \ Honorable Edgar B. Bjley Distribution: Jerry A. Weigle, Esquire, counsel for Defendant Maryann Murphy, Esquire, counsel for Plaintiff r~ ('.3/-01 0.. ~ 1,< ,1~~lJIlIiIl;n~ -~.~ ~ "........V':TNJ\I ""-",t'll ..Ji :';I"j -j-' I (;) I.j: on '~ Ciil\/:':""--' :"'- " '-' '-'--h.","'" .,",1 \ I "u'--"r "I-y . ,-. ,-- ; ,,-) ,J' ur i Pc:Nh'SYLVANIA '4 '1'!I!'!",~"'J~IU,[:J"<"""""!'F_'.Ul!tUJ,ill1Jr.fl~"Il!~~~~!li.F'rr,~_ml_" "": )JJjJI"[ _, ~ r M"~~" .6i _I "~ i'~ll'!!i!li!M;' , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW DANIELLE L. ASPER, Plaintiff No. 00-2912 Civil Term 0 C) ~~) C " -:-~ J:~ " c., - r' I I . : 6'5 :-::: :J Z i L) , :-,., ((1 - C) ,-=:7 -< r:::.: c -- ;> (-~J L- (':~) ;,;; 'i .;..,) <) :;.::.~ ~ .:::> :D . 0 -< v. ROGER H. ASPER, Defendant IN CUSTODY STIPULATION FOR MODIFICATION OF A CUSTODY ORDER The parties to this action, DANIELLE L. ASPER (hereinafter referred to as "MOTHER"), and ROGER H. ASPER (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve all outstanding issues concerning custody and partial custody with respect to the minor children involved in this action: BRITTNEY ASPER, born June 21, 1988; KA YLA ASPER, born March 7, 1991; KAREN ASPER, born May 27, 1992; and HEIDI ASPER, born June 12, 1995, hereby stipulate and agree to the entry of an Order of Court awarding custody of BRITTNEY, KA YLA, KAREN and HEIDI as follows: 1. The parents agree to share legal custody of the minor children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding the children's health, education and religion. With regard to any emergency decisions which must be made, the party with physical custody of the children at the time shall be permitted to make the decision necessitated by the emergency . without consulting the other party in advance. However, the party with physical custody making an emergency decision shaH inform the other of the emergency and consult with them as soon as possible. Day-to-day decisions of a routine nature, including those relating to medical care, shall be -"_~~~, ,. ,,' "'IIllI~"'- .- I....... ~u~" , the responsibility of the party having physical custody at the time. 2. The parents agree that FATHER shall have primary physical custody of the minor children, and MOTHER shall have liberal periods of partial physical custody. The parents agree to cooperate in ensuring that MOTHER's time with the minor children is maximized, taking into consideration her work schedule and the children's school schedules. The parents agree that MOTHER shall have theminor children on the weekends when she is not working. FATHER agrees to provide transportation for custody transfers on the weekends. During the sununer months, the parents agree to share custody of the children according to their respective work schedules. 3. Both parents agree to provide the other with a current address and phone number for contact, as well as their respective work schedules in order to determine the specific days each parent shall enjoy custody. 4. The parents agree to communicate directly with each other regarding their children. 5. Both parents agree to permit reasonable telephone access between the children and each of their parents. 6. Both parents agree to encourage a close and loving relationship between the children and each of their parents. 7. The parents agree that MOTHER shall have the minor children on Mother's Day and FATHER shall have the minor children on Father's Day. 8. The parents agree to alternate or share the holidays with the minor children each year, particularly Easter, Thanksgiving and Christmas. 9. MOTHER and FATHER agree that they each shall have the opportunity to see the minor children on their birthdays, and on each of the parent's birthdays. . . . 10. The parents agree that each shall be entitled to two (2) weeks of sununer custody with the minor children every year. These weeks need not be consecutive. Ifpossible, the parents shall give each other thirty (30) days written notice of their chosen weeks of sununer custody. In the event that both parents choose the same week(s), the parent who gives first notice shall prevail. II. The parties agree that this Agreement shall be submitted to the Court of Common Pleas of Cumberland County for approval and for entry of an Order modifying custody and partial custody as set forth herein, and the parties hereby request that this Honorable Court enter such an Order. IN WITNESS WHEREOF, the parties have executed this Stipulation for Modification of a Custody Order on the date(s) indicated below. 8'>30 '0) Date '::QJ,.... ~~ Witness "D~ -rt ~ DANIELLE L. ASPER /' / J-7-6l Date