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Home My WebLink About98-07307 . -7 ~ j ~ .0- . ( . l.. :~ J r- o ('<) r- .... : . .1 ~ .'" ,': ' .; ': ..,- . , ,",' :' , . ' , " WENDELL E. PENNABAKER, PETITIONER IN TIlE COllRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , ,,' ". . . ,. - '.' ': -,' '.. "')'.' ~ ~"- , " '. " . v. 98- T2J,f/ CIVIL TERM SHANNON L. PENNA BAKER, RESPONDENT CUSTODY MOTION FOR ENTRY OF AGREEMENT AS AN ORDER OF COURT AND NOW comes the Petitioner, WENDELL E. PENNABAKER, by and through his attorney, Richard L. Webber, Jr" who files this Motion pursuant to Pa.R.C.P, No. 1915.7, averring the following: I, Petitioner is WENDELL E. PENNABAKER, who resides in Cumberland County, Pennsylvania, at 656 Hilltop Road, Newburg, PA 17240. 2, Respondent is SHANNON L. pENNABAKER, who resides at 1743 Orchard Road, Chambersburg, (Franklin County) pA 17201. 3. The Petitioner and Respondent are natural parents ofTA YLOR M. PENNABAKER, born March 13, 1997. 4. Respondent is unrepresented by counsel, but has been advised by the undersigned to seek independent legal counsel. 5. On or about December 18, 1998, the parties entered into an Agreement regarding custody of the child, Said Agreement is attached hereto, labeled as Exhibit "A", and incorporated by reference herein. 6. Petitioner desires that the Agreement be entered, 7. The undersigned spoke to Respondent via telephone on December 22, 1998. Respondent eonfinned that she signed the Agreement and that she desires that it be entered as an Order of Court . IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY. PENNSYLVANIA WENDELL E. PENNA BAKER. PETITIONER CIVIL ACTION - LAW V. NO. 98- ~7 SO 7 CIVIL TERM SHANNON L. PENNABAKER, RESPONDENT CUSTODY STIPULATION AND AGREEMENT RELATING TO CUSTODY OF TA YLOR M. PENNA BAKER ,i' f.... 4 THIS STIPVLATION AND AGREEMENT is made this " day of .},,.... r~ , 1998, by and between PETITIONER, WENDELL E. PENNABAKER, hereinafter referred to as "FATHER" and RESPONDENT, SHANNON L. PENNABAKER, hereinafter referred to as "MOTHER." I. MOTHER and FATHER are the natural parents ofT AYLOR M. PENNABAKER, born 3113/97. 2, MOTHER and FATHER were married on July 5, 1997 but are presently separated, 3. With the exception of this action. neither pany has panicipated as a pany in other litigation concerning the custody of the child in this or any other coun. 4. None of the panics has information of a clIstody proceeding concerning the child pending in a coun within or outside this Commollwealth. 5, None of the parties knows of any person not a pany to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to him 6. Since binh, the child has resided with the following persons and at the following addresses Exhibit "A" " ' ,.:' . .' "',' , '. .', '. . . . '. NAME Wcndcll E. Pcnnabakcr and Shannon L. Pcnnabakcr ADI2RESS 656 Hilltop Road Newburg, PA 17240 (Cumbcrlnnd COllnty) DATE 3113/97 (DOB) to I 1/22/98 Wcndcll E. Pcnnabakcr and 656 Hilltop Road Newburg, PA 17240 11/22/98 to prcscnt Shannon L. Pcnnabakcr Nenr Old Scotland Road Shippcnsburg, PA 17257 11/22/98 to prcscnt (;Jr' . . . (l"""'f~t<r 7. Thc partlcs havc rcached an agrccmcnt wIth rcspcct to thc custody of thclr 90*1 and desire to rcducc and incorporatc their agrcemcnt to nn order of court. 8. Thc parties furthcr agrce that, in procuring this Agreemcnt, there has been no fraud, concealment, overreaching, coercion or othcr unlair dealing on the part of the other. NOW, THEREFORE, thc partics intend to be legally bound and waiving their right to be present when this Agreement and Order are presented and executed, hereby stipulate and agree that the Court may cnter thc following Ordcr ofCourl in thc above captioned case: ORDER OF COIJRT NOW, ,__, 1998, upon consideration of the within Stipulation and Agrecment, it is hcrcby ordcred as follows: I. MOTHER and FATHER shall share legal custody of their minor child.. TAYLOR M, PENNABAKER, and pursuant to this grant of sharcd legal custody, each parcnt shall have equal acccss to all pCl1inent information and reports that may bc gcncrated by medical, educational, psychological and othcr profcssionals who may work with him, Each parent shall discuss major decisions effccting thc his well bcing in thc areas of medical, educational, emotional, spiritual, social, and matcrialnceds with the oppositc parcnt. 2. MOTIIER and FA TilER shall cqually share physical custody of thc child. Specifically, they shall altcrnatc 4 day periods of cllstody. If onc of the partics is unable to exercisc custody as schcdulcd, the parties shall attcmpt in good faith to resolve the malleI' in order that the ovcrall time that cach spcnds witht he child is as ncarly equal as possiblc 3. On holidays. thc panics shall exercise sharcd ph)'sical custody of thc child as can bc mutuall~' agrccd ;'-'''-'11: ..-. -"'"!!'..... ',<,;.",,,,,"",,," ~- , ' . . , " " .,' ~', . '" ,'". . J. ' , '. ..'. .:' . 1 \ ." " , . . " : < : . , :' " ' .'. " .' ' 3. On holidays, the parties shall exercise shared physical custody of the child as can be mutually agreed. 4. The parties shall each have a reasonable period of time with the children on their birthdays and on the child's birthday to celebrate these events. 5. Time is of the essence regarding the parents pick-up and return of the children for periods of partial custody. The parties agree that if the children are not picked up within one hour of the set time, absent a good reason, that period of partial custody is forfeited and the waiting parent and children are free to make other temporary plans. 6. The parties shall notify each other in a timely fashion if it is necessary due to an emergency or unforeseen circumstance for him or her to be delayed at any of the times set out herein. It is intended, however, that time be of the essence, and that the parties as strictly as possible comply with the times set forth herein. This agreement will be modified in the event there is significant change to be made in these arrangements. 7, FATHER and MOTHER shall share the transportation of the child relating to custody exchanges. 8. The parties will notify and consult with the other party immediately in cases of medical emergencies that occur while the children are in their custody. 9, The parents agree to assure the child attends activities scheduled for the child during periods of partial c.ustody, such as but no limited to school events, activities and outings, swimming and other such lessons, birthday and other parties to which the child is invited by his friends, 10. Such other exercises of partial custody may be ;,chcduled hereafter as the parties may agree upon with due deference and respect to the child's interest, schedule and ultimate welfare. 11. Neither party shall do an~1hing which may estrange the children from the other parent, or injure the opinion of th,- children as to the other parent or which may hamper the free and natural developmcnt of thc children's love or rcspect lor thc other parent. BY TIlE COURT, J. IN WITNESS WHEREOF, thc parties hereto, intending to bc Icgally bound hereby, do execute this Stipulation and Agrecmcnt. WITNESS: .' I I." . )// I ~ J//"l,1__4-'~~."~ /'/ (,..{ _,..( ,'/ /., ~ . k" ,'( / /;t{1~i..t:(/{- A/.4Mtlth /...:~. WENDELL E. PENNABAKER , . '.' '. _' ,. '." .... .' ':. . ',,' "" : . . . ~ <:- .' '.', .':. -' "':" I 'I) \J .: ;(/~_"V:,J"...~[.., Ji:..... " ,- ~"' { A__~ [ verifY that the statements madc in this Stipulation are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S.A. Section 4904 relating to unsworn falsification to authorities. / Date:__~ j~?;? __ I ~k-t:,{.dff{~-f4fl4~ L~ WENDELL E. PENNABAKER, Petitioner i verify that thc statcmcnts made in this Stipulation are true and correct. [understand that false statcmcnts herein are made subject to the penalties ofl8 Pa.C.S.A. Section 4904 rclating to unsworn falsification to authoritics. ('\ / / )' I{j-'-) Date_':..YI_S~/__ J- tk1[)JJLCJ:>-l/)JiliLD1 :;f;{ ) ;SHANNON i~JPENNABAKER,R~spondent .- ., WENDELL E. PENNABAKER, PLAINTIFF : TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 98-7307 CIVIL TERM SHANNON L. PENNABAKER, DEFENDANT IN CUSTODY AFFIDA VIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS Richard L. Webber, Jr., being duly sworn according to law, deposes and says that he mailed the Order of Court in this matter by certified mail, return receipt requested, addressee only, to the Defendant, Shannon L. Pennabaker, of 1743 Orchard Road, Chambersburg, Pennsylvania 17201 on January 6, 1999, The return receipt signed by the Defendant is evidence of delivery to her and is attached hereto as Exhibit "A", 7l/.-z... ,~,~ Richard L. Webber, Jr., At~orney for Plaintiff 366 Green Spring Road PO. Box 40 Newville,PA 1724] (717) 776-6566 Sworn to and subscribed before me this -.l.P-IJ., day of _E~t-y 1999. ~~~2,~~, J 'rL':m r 1~:'_: '~"::':\' P:lr II{' tlf"~'.'!:' t1l"'." '~""..h..' .1"1 \..<'~JI.;~, . ~_'~'.;~0>'~;'~_L':,. :~'I'I~.:<:' ..~' ~'. :,~=..~ . .. '.;i:.....> ",', y ., : TilE COURT OF COMMON I'LEAS OF CUMBERLAND COUNTY,I'ENNSYLVANIA NO. 98-7307 CIVIL TERM IN CUSTODY I also wish to receive the following services (lor an extra lee): 1. 0 Addrassee'e Address 2. n Rastricted Dellvary Consult postmaster lor lee. 4a. Miele Number Z 054 766 760 4b. Service Typa o Registered !Xl Certified o Express Mall 0 Insured o Relum Receipt for Merchandise 0 COD 7. Dale 01 DellvarrAN 2. 0 1999 B. Addressee's Address (Only if roquested ',_ and fee Is paid) ........... II'; ,...'"' .~,,..,..' ,.~,.,:~.~":..' " Z 054 766 760 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. 8 Do not use lor International Mail See reverse "E Senllo -, ~ Shannon L. pennabakerl 'S. Slrcet & Number - 1743 Orchard Road U Pasl OIficc, Slate, & ZIP Code &! Chambersbur E ~ PA 1720 Postage $ .' ' .,' " " ',. ".. . '" :, '. "', ~ '.' . , ',' '. .,' .:;--::--~ : . . ... N : :I _COfnplotllteml 1 enG'or 2 for addllloMl..rvIctI.. . IIComplotoltem, 3, 41. and 4b, IIIPrlnt your name and addre&l on the reverse of thl, form 10 thai we can return this card to you. -Att.ch thl. form to the front ollhe mallploCl, or on the back it apace do" no1 permit. !! _Writ,"Retum R&OOipl RtKl"*/ed" on the mailpjece below the article number. 'ti a'f'hl Return Rapt will show to ~m tho: artloe wal delivered and thl date lS dollYored. I 3. Artlcla Addrossed to: a. ~ WENDELL E. J>ENNABAKER, PLAINTIFF V. SHANNON L. PENNABAKER, DEFENDANT Shannon L. pennabaker 1743 Orchard Road Chambersburg, PA l7201 !l I~ ,,!! C7l Certified Fee .5 " :J Special Delivery Foe l; "; Reslrictoo Delivery Fee o , :: C Relum Re . c:. 'rVhom . , ~ Rrru 1= . Oal & i : lTO AU ~ ro~ , ~ to n. 1.35 2.75 1.10 5.98 1.1 ,! J I Ii' 102",.918.0179 Domestic Return Receipt ....'u1~__~_.."'l\.,....... WENDELL E. PENNABAKlm, II,: IN TilE COURT OF COMMON I'LEAS OF alklll WENDELL E. CUMBERLAND COlJNTY, PENNSYLVANIA PENNA BAKER, PETITlONlm v. 98-7307 CIVIL TERM . ,.', "", ,',"". _ " ". ;', .- '1" ' ,~ . \ , " " / -' SHANNON L. PENNABAKEI~, RESPONDENT CUSTODY ORDER OF COURT NOW, 1~ z..<f ~ , 1999, upon consideration of thc attachcd Stipulation and Agreement. it is hercby ordcrcd as follows: A. Pamgraph 2 of the Order of Court dated January, ! 999 is hereby amendcd to read as follows: "2. MOTHER and FATHER shall equally share physical custody ofthc child. Spccifically, thcy shall alternatc 7 day pcriods of custody from Sunday to Sunday, with FATHER cxcrcising custody from Sunday, Junc 20, 1999 to Sunday June 27, 1999, MOTHER commencing her initial 7 day exercisc o1'custody on Sunday, Junc 27, ] 999, and so forth. If onc of thc parties is unable to c':ercisc custody as schcduled, thc parties shall attcmpt in good faith to resolve the malleI' in ordcr thatthc ovcrall timc that cach spends with thc child is as ncarly equal as possible." B. Thc Ordcr of C01lJ1 datcd January 4. 1999 shall rcmain in effcct cxcept as amended hercin. ce: Richard L. Webber. Jr.. bquire Shannon I.. l'cnnabakcr IIY Tlll-: ('OURT. / I ~ ./7/' ~ /,'T 6./-.- --...- _,_on ~. ___,,_.____.______ _____________n__ , '1'/"'( '7/;)',/'11 sl) J. ,. j ( :", ..,....... .J- ,.:~ .' " " , , "_,, ' I , ~, ",'. ' ~.' , ~. , ' . " " . ,., '. .' 1, ',' : "". , .,' , . IN THE COURT OF COMMON PLEAS FOR ClJMHERLANI> COUNTY, PENNSVLV ANIA WENnELL E. PENNAHAKER, PETITIONER CIVIL ACTION - LAW . ' . -, ,", ". ;. ",:' " ,', ' , ..' "'. ' . ". ,,", _:.' . ,', ' . ,'.... . ' V. NO. 98-7307 CIVIL TERM SHANNON L. PENNABAKER, RESPONnENT CVSTonv STIPULATION ANI> AGREEMENT RELATING TO CUSTOnV OF TAVLOR M.PENNAHAKER AND MOmFICATION OF EXISTING ORnER ...... ,tL THIS STIPULATION ANI> AGREEMENT is made this do- day of J v"" , 1999, by and between PETITIONER, WENDELL E. PENNA BAKER, hereinafter refemd to as "FA TilER" and RESPONDENT, SHANNON L. PENNA BAKER, hereinafter referred to as "MOTHER." 1. MOTHER and FATHER arc the natural parents of TA YLOR M. PENNABAKER, born 3/13/97. 2. MOTHER and FA TIlER were married on July 5, 1997 but arc presently separated. 3. On or about December 18, 1998, the parties executed a Stipulation and Agreement relating to custody of their child. TAYLOR M. PENNABAKER. 4. The parties arc desirous of amending Paragraph 2 of the Order while retaining all other provisions of the Order. NOW, THEREFORE, the parties intend to be kgally bound and waiving their right to be present when this Agreement and Order arc presented and executed. hereby stipulate and agree that the Court may ellieI' tlw following Ordl~r of Cou!'t in the above captioned case: '-,/ : :: , , r I '''', ~: ..J \ '" " . , ,.. . i' :,,'. . . ..-.:,<'!:' ';"", '. '..' 1"- ,. PkClS~ pIQ(\:.- ill B Ie --I+tn~~ . " ,. , " . , "... . " .' .' " ", . , ."~- WENI>ELL E. PENNABAI\:ER,II, n/l<ln WENDELL E. I)ENNAHAl\:lm, PETITIONER V. IN TIlE COURT OF COMMON PLEAS FOR ClIMBERLANI> COllNTY, PENNSYLVANIA NO. '11l-730? CIVIL TERM SHANNON L. PENNABAI\:ER, RESPONDENT SENi>~fi: COMPU,TE THIS siii;nON":" ,,'. -..': \, ,', " , . I '('" "; . Complete items 1, 2. and 3. Also complete item 4 i1 Restricted Delivery is desired. II Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of tile m.J.ilpicce, or on the front if spaco permits. j ,. Article Addressed to: I MrS. Shannon L. Pennabaker j ~ 748 Z.~~la.d1 ....vad : ~~Lc:,,-;:;tUL~,.. ~n. ~n1 ~~ I , 6.d>~ ,,,:,;-,//f-cJr' ^...."', , 4?)~ _ , L,.~ ~,I} 1 "~e.~..~..c.L.. ". "'7 , ~ . / k..:2..?E{) 2. ArtIC1~ NurnuHf (Copy frorn ~or\ilce /iJ/.){>I) Z 054 765 996 PS Form 3811. July 1999 IN CLJSTOIlY J 3. f.,1'rvICll l}'pe I JQo;cer11lif'd Molll 0 t:xprlJ:;s M.111 o r~f'~ll~l(m'd 0 Return RI~cl'ipl lor MI'rchandl~(~ o !nsw('d M.lll 0 C.OD. g rj~_~f_',~~~0~~:.;_ ~~~,~~~~~~r:-0~..~~~~_ _.____~~~^.~~~~~~~~ ~ o , r)("lI"~.11l: H.'III'n nl', "1;,1 10:'~,H'J 'l\lM , :I~'J Z 0,<;4 765 996 US Poslal Service Receipt for Certified Mail No Insurance Coverage Provided, Do not use for International Mail See reverse $entlo .lits.. Shannon L. Pel1na~ r Street 8. Numbcl .J..7A.3 Po!>l OttICC. Slale. &.llP C,'lde Chambersbur PA 17201 PO$t,l~C s ss . .' ,', '. .. , ,.: 'I \ ,) ':' ~ ' " 'j ',- . :";. ... , " !,' .' , ' '.', Ct'Lrll!ied Fcc 1.40 ~"'(,llll/lf'h""'yF...l' Re~'lncl0l1D(lliv('ry rce Return EIK-Olpl ShOWing lo W1wm ", D:Jlft Dd'I'(H t11'1,ilT,fll'<.t'I;rtSh ~Vl't{.m C,]\~, & Aj,i:e~', 1.25 , I " u ((11 u. .1 ') q\- g lOT 1.1. PiJ D ~ Pw.\rlla~{