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Home My WebLink About00-03528 ~ " .... ,,,",, " ''''.H' : ,,' " MATTHEW H. JENKINS, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA aJ- 3S;)&," : No. Civil Term SUZETTE E. JENKINS, Defendant : Custody ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this I~day of -r ,2000, upon consideration of the foregoing Stipulation for Custody and on motion of Barbara Sumple,Sullivan, Esquire, counsel for Plaintiff, Matthew H. Jenkins, and John J. Krafsig, Jr. Esquire, counsel for Suzette E. Jenkins, Defendant, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation for Custody dated June 6, 2000 is adopted as an Order of Court as if set forth herein at length. BY THE COURT, ~ ~ ~ 00 1\' , 19'~f J. -- r~'c-'~- ~~="_O"~ ~~ f-"- f.,i~.',C~;):F!CE ''', "'T,'rN -; ,1:\iU .MIll n'J Ii !e,1 I', ,li.I'-', II: 2-1 ,~, '..'c/:', . '''' CUlvbbiu,:<D COUN1Y PENNSYLVANIA I II ~,"" ~ I ,T,<!""""..."."",~~_,~l1\Il'I!!!lfflO'!'i!!!ijMl!~~~,_~"""IU1J!l."",..".,..~ ~, .~. ~b~ . " '~I ^ 'u.~, '\ ,,. " , l~ MATTHEW H. JENKINS , Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. Civil Term {}(/_ .35:J.8 c.;;u ~ SUZETTE E. JENKINS, Defendant : Custody STIPULATION REGARDING CUSTODY THIS AGREEMENT is made this~ day of ~, 2000 by and between SUZETTE E. JENKINS, (hereinafter referred to as "Mot~er") and MATTHEW H. JENKINS, (hereinafter referred to as "Father"), WITNESSETH WHEREAS, Mother and Father are the parents of one (1) child, namely Madeline Jenkins (born May 14,1996). WHEREAS, the parties separated on April 9, 1999 and a Cornplaint for Divorce was filed by Mother on May 12, 1999 in the Court of Common Please of Curnberland County, Docket No. 99-2887. WHEREAS, the parties now desire to resolve all rnatters concerning custody. NOW THEREFORE, the parties, intending to be legally bound, do agree as follows: 1. Legal Custody. The parties agree to shared legal custody of the said minor child. The parties agree that rnajor decisions concerning the child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall - , ., 'll:;::";' . . 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. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to atternpt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circurnstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which 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. 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 given to either party as a parent. 2. Primary Physical Custody. Prirnary physical custody of the rninor child shall be in Mother. 3. Partial Physical Custody: Partial physical custody of Madeline shall be in Father as follows: A. Weekends. Father shall have weekends commencing Thursday between 4:30 and 5:00 P.M. The parties agree that the child shall be returned on Sunday morning. The exact time of pickup and return shall be agreed upon by the parties each week. If the parties are unable to agree on a return tirne for Sunday, the time shall be 11:00 A.M. Because of contact every weekend, Father agrees to shorten his period of partial custody and return the child to her Mother if the child so requests. Also, Father will advise Mother if he is running late for pickup. B, Alternating Holidays. The parties shall alternate the following holidays: New Year's Day, Memorial Day, July 4th, Labor Day and Thanksgiving. These holidays shall commence at 9:00 A.M. and continue until 8:00 P.M. If any of these holidays run adjacent to a parties' weekend, they shall be entitled to maintain custody to the conclusion of the holiday. . C. Mother's Day/Father's Day. Mother shall have Madeline on Mother's Day and Father shall have Madeline on Father's Day. This schedule shall be from 9:00 A.M. until 8:00 P.M. and shall supersede all other schedules. D. Christmas. Because of their respective family holiday traditions, Mother shall always have Madeline on Christmas Eve and Father shall always have Madeline on -2- " . "",,.....,- "- J1 - .- ~'....;:i-;! . ,. . , Christmas Day. Father shall pickup and have Madeline commencing Christmas Day at 10:30 A.M. until December 26'h at 9:00 A.M. This schedule shall supersede the standard custody schedule. E. Summer Vacations. Upon thirty days (30) written notice, each party shall be entitled to two (2) weeks of vacation. A week shall be defined as seven (7) consecutive days and shall include Mother/Father's custodial weekend, so as not to disrupt the alternating weekend schedule. These weeks shall be non- consecutive. During Mother.s two weeks of summer vacation, Father's periods of custody shall be interrupted. "Summer" shall be defined as the summer recess in the school district Madeline is attending. While she is not in school, it shall be defined as June 1" through the Monday after Labor Day. If either parent has to work during their summer custodial time and the other parent is off, the non-working parent shall have the right of first refusal for custody of the child while the other parent is at work. 4. Positive Relationships. Each of the parties and any third party in the presence of the child and the party shall take all measures deemed advisable to foster a feeling of affection between the child and the other party and neither will do anything which may estrange the child from the other party or impair the child's high regard for the other party. Neither party shall do anything which may estrange the child from the other party or injure the child's opinion of the parent or which may hamper the free and natural development of the child's love and respect for the other parent. 5. Location. The residences, addresses and telephone numbers where the child may be reached shall at all times, including vacations, be known to both parties and each party shall immediately notify the other by telephone, if possible, or telegram, of any illness or other emergency that may arise while the child is in her or his custody. 6. Transportation. The parties shall share transportation. 7. Telephone Contact. The parents are entitled to speak with the child on their non-custodial days. The custodial parent shall make the child available for the other parent's call. 8. The parties hereto acknowledge and agree that this Stipulation For Custody shall be entered as an Order of Court. -3- .... '" ..' . . ,- '~dIili:i . I IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: ~~~ Witness ~H~ -4-