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HomeMy WebLinkAbout97-02028 \ ! -v - ~ ! -!!. i I CJ I 111 i > i \~ I , i i . ~ I \l ~ - - " ~ )l. <! '( I ~t,,--., , " \ I I ( ... ~ - - :> cJ 00 ti ~I t--. I.':r- . ~ I I ~ I " ''>': and religious instruction. (2) Father and Mother shall have shared physical custody of the child in accordance with the terms of this Agreement. (3) Mother and Father agree that Father shall have periods of partial physical custody on the following basis: (a) On every Wednesday evening commencing at 5:00 p.m. through the following Friday evening at 5:00 p.m.1 and (b) On every other weekend, commencing on Friday at 5:00 p.m. and continuing until sunday at 5:00 p.m.1 and (c) On Christmas Eve, beginning at 12:00 p.m. on Christmas Eve and continuing until 12:00 p.m. on Christmas Day during even numbered years, and at 12:00 p.m. on Christmas Day until 8:00 p.m. on Christmas Day during odd numbered years1 and (d) During the Thanksgiving Holiday, beginning at 9:00 a.m. on Thanksgiving Day and continuing until 8:00 p.m. on Thanksgiving Day in even numbered yearS1 and (e) During the Easter Holiday, beginning at 6:00 p.m. on the day before Easter Day and continuing until 12:00 p.m. on Easter Day during even numbered years, and beginning at 12:00 p.m. on Easter Day and continuing until 6:00 p.m. during odd numbered yearS1 and (f) on New Years Eve, beginning at 6:00 p.m. on New years Eve and continuing until 12:00 p.m. on New Year'S Day during odd numbered years. For purposes of this section, Father shall have the child on New Year's Eve commencing on December 31, 1997 and Mother shall have the child on New Year's eve commencing on December 31, 19981 and (g) It is the intent of the parties to share physical custody of the child on each of the Holidays set forth above. In the event Father's alternating custody period would occur on a Holiday, the parties agree that the alternating custody period shall be modif- ied to conform with Holiday contact period as set forth above; and 2 ._'_ J (h) Mother and Father shall have a period of temporary partial custody as a summer vacation with the child. The period shall not exceed fourteen (14) days. In the event Mother or Father desires partial custody with the child as a summer vaca- tion, she or he shall provide the other with notice of such intention within thirty (30) days of the requested time period and submit such notice in writing prior to June 1 of the appropriate year. In the event either party does not provide such notice to the other prior to June 1 of the appropriate year, either party, at his or her option, may refuse to grant the other party partial custody in accordance with this paragraph. Father or Mother shall remain responsible for all expenses incurred by child during this summer vacation and shall both parties shall provide the other with all telephone numbers where the child can be reached during such period; and (i) In addition to the dates and times set forth above, the child shall always spend Mother's Day with Mother and Father's Day with Father. Mother and Father agree that custody with child shall commence at 9:00 a.m. and end at 8:00 p.m. on such day. Likewise, the child shall always spend the child's birthday with the Mother during odd numbered years and with Father during even numbered years during the same time periods contained in the sub-paragraph; and (j) And any ether times as the parties may agree. (3) Mother and Father shall share transportation as agreed upon. (4) The parties will keep each other immediately advised to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is always protected. The parties shall provide each other with all home and work telephone numbers, as well as current addresses for the residence of the child. Both parties further agree to allow each other to speak with the child at any and all reasonable times as set forth below. 3 ~ j ! ~,I I I ; (5) Neither parent shall do anything which may estrange the child .1 , from the other party, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love or affection for the other party. (6) Mother and Father agree that each shall communicate to each other through one-another whenever possible in accordance with the (8) Any modification or waiver of any of the provisions of this terms set forth in this Agreement and that they shall not use child as a liaison to communicate with each other as to oral modifications of this Agree~ent and stipulation. (7) Mother and Father agree that there shall be reasonable tele- phone access between the child and the non-custodial parent. The parties agree to endeavor to place telephone calls to the child between 7:00 and 8:00 p.m., so as not to interfere with dinner or bedtime. shall be effective only if made in writing and only if executed with the same formality as this Agreement and stipulation. In the event any Court deems this Agreement and stipulation unenforceable due to changed or unforseen circumstances, such decision shall have no effect on the remaining portions of the Agreement and stipulation. (9) The parties agree that any Court of competent jurisdiction may enforce or modify relevant portions of this Agreement and stipulation. The parties further acknoNledge that either party may petition any Court with appropriate jurisdiction over the child should circumstances 4 change and either party desire modification of this Agreement and stipulation. (10) This Agreement and stipulation shall be construed under the laws of the Commonwealth of Pennsylvania. Enforcement of this Agreement and stipulation for any material breach shall be governed by 23 Pa. C.S.A. section 3105, as well as any legal or equitable action authorized by law. (11) Father and Mother acknowledge that Andrew C. Sheely, Esquire, is counsel for Father and that Mother is presently unrepresented. The parties further acknowledge that they fully understand the legal effect of the within stipulation and Agreement and have fully reviewed the same in its entirety prior to execution of this stipulation and Agree- ment. Furthermore, both parties acknowledge that their execution of this Agreement and stipulation has been done voluntarily and knowingly and that their execution is not the result of any duress, undue in- fluence, fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. (12) Father and Mother acknowledge that either party may move for a modification of this Agreement and the Order of Court by filing a Petition for Modification or any other document for the purpose of changing this stipulation and Agreement. 5 n ~';) ,..., ...,J " -r 1-. -:! -" r, ., l2J , , ~ill j~:) . -) . , , (-) , ., )::J C) :"J .I''''' " ='1 ~ij ",. ." ~- _~~~~Th'~,~p.~ll'\; ,., .-.. ""'" ... .'. ..' .-. _ '<'1' .._ _ .. 0... .~~.". ".. I, - f t';.. d"'ti._"~"'t...",~~_...~,-e;1,;< .,. ",.. ,.;,;.-,~~titifflj ~,'.. JEFFREY T. JAXHEIMER, II, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~, PENNSYLVANIA CIVIL ACTION - CUSTODY HEATHER M. CLARK, Defendant 97 - 2028 ~CCEPT~NCE OF 8ERVICE I, Heather M. Clark, acknowledge that I have received a copy of the custody Complaint and hereby accept service of the Complaint in the above captioned matter and request that this form be filed on my behalf at the Prothonotary's Office of the Cumberland County Courthouse. April 25, 1997 H ATHER M. CLARK 5 Adams st eet Enola, PA 17055 ..... JEFFREY T. JAXHEIMER, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - CUSTODY 97 - .;J, 0.211 6;;J I.u.- HEATHER M. CLARK, Defendant COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Plaintiff is Jeffrey T. Jaxheimer, II, residing at 5512 Moreland Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Heather M. Clark, residing at 5 Adams Street, Enola, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Katelynn M. Jaxheimer, D.O.B. 9-15-95. 4. The child was born out of wedlock and is presently in the custody of Jeffrey T. Jaxheimer, II, who resides at 5512 Moreland court, Mechanicsburg, Pennsylvania. Since her birth, the child has resided with both parents at their respective addresses. 5. Heather M. Clark is the natural mother of the child and Jeffrey T. Jaxheimer, II, is the natural father the child. 6. Plaintiff currently resides with his parents, Jeffrey T. Jaxheimer and Caroline A. Jaxheimer. It is unknown whether defendant currently resides anyone. 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, and plaintiff has no information of a custody proceeding concerning the child pending in any court. f , I, I 1:1. B. plaintiff does not know of a person not a party to the proceed- ings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interests and permanent welfare of the child, Katelynn M. Jaxheimer, will be served by entering a custody Order setting forth that the child's primary care, custody and control be vested in plaintiff and Defendant, in accordance with certain con- ditions. 10. Plaintiff can presently provide the minor child with a suit- able, stable, helpful and proper environment, and Plaintiff is a fit parent who can take care of the child and insure that the best inter- ests of the child are met. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 12. It is believed that the Plaintiff and Defendant can negotiate a settlement of the custody issue, however, this petition is being filed to allow for subsequent judicial review, if necessary, and for entry of a subsequent order of court addressing custody of the child. WHEREFORE, Jeffrey T. Jaxheimer, II, Plaintiff herein, requests that your Honorable Court enter an Order of Court addressing legal and physical custody of the minor child, Katelynn M. Jaxheimer. Date: April 111997 ndrew C. Sheely, for Plai 2 I verify that the statements made in this complaint for custody 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. April 17 , 1997 ~()J(L:Mb.f r y . Jaxheimer, II 3 r~ ..::> " c _J " -. , -r) i "J ""j:-TJ !" .J ' f-- - rr1 tJJ . '0 r:- C', \~ , ' ~ .. ,0 -p g; ,., , -" ::q \I:. r.t. " .() . 'rl1 S? .J U\ ~ ~ t b 0- ".,) 'J! 0 -0 (lJ '-< G' -V OJ 0- )> ~ -< JEFFREY T. JAXHEIMER, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY vs. HEATHER M. CLARK, Defendant 97 - COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Plaintiff is Jeffrey T. Jaxheimer, II, residing at 5512 Moreland Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Heather M. Clark, rp.siding at 5 Adams Street, Enola, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Katelynn M. Jaxheimer, D.O,B. 9-15-95. 4. The child was born out of wedlock and is presently in the custody of Jeffrey T. Jaxheimer, II, who resides at 5512 Moreland Court, Mechanicsburg, Pennsylvania. Since her birth, the child has resided with both parents at their respective addresses. 5. Heather M. Clark is the natural mother of the child and Jeffrey T. Jaxheirner, II, is the natural father the child. 6. Plaintiff currently resides with his parents, Jeffrey T. Jaxheimer and Caroline A. Jaxheimer. It is unknown whether defendant currently resides anyone. 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, and Plaintiff has no information of a custody proceeding concerning the child pending in any court. 1\ t'1' JEFFR~Y T. JAXHEIMER, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - CUSTODY HEATHER M. CLARK, Defendant 97 - dOd.~ ORDER OF COURT AND NOW, attached Complaint, it is respective counsel appear the conciliator, at on the day of , 1997, at o'clock___.m., for a Pre-Hearing Custody Conference. At such conference, an effort will 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. , 1997, upon consideration of the hereby directed that the parties and their before FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland county is required by law to comply with the Americans with Disabilities Act of 1990. For informa- tion about accessible facilities and reasonable accommodations avail- able to disabled individuals having business before the court, please contact our office. 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 249-6200 (717) 697-0371 \'" J"II " (1\ , I i ! i I , JEFFREY T. JAXHEIMER, II, Plaintif f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - CUSTODY HEATHER M. CLARK, Defendant 97 - dOO'? ORDER OF COURT AND NOW, attached Complaint, it is respective counsel appear the conciliator, at on the day of , 1997, at o'clock .m., for a Pre-Hearing Custody Conference. At such conference, an effort will 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. , 1997, upon consideration of the hereby directed that the parties and their before FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For informa- tion about accessible facilities and reasonable accommodations avail- able to disabled individuals having business before the court, please contact our office. 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. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 249-6200 (717) 697-0371 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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