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Home My WebLink About01-2097 FX .' Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO, 01- ;l<J'l7 ~-r~ PAMELAD. SMYSER, JOHN J. SMYSER, Defendant CIVIL ACTION - LAW CUSTODY STIPULATION OF CUSTODY ~~ ~ AND NOW this 3 day of ,2001, the parties, Parnela D. Srnyser and counsel, Debra Denison Cantor, Esquire and John J. Srnyser and counsel, Phillip Spare, Esquire and file the following Stipulation regarding custody, after due consideration of the best interest of their children; and, WHEREAS, the parties are the natural parents of two minor children, namely Codie J. Srnyser, date of birth, 12-22-94 and Tyler J. Srnyser date of birth 7-13-96; WHEREAS, the parties wish to establish a custodial arrangernent that is in the best interest of their children; WHEREAS, the parties intend for this Stipulation to be entered as an order of Court; THEREFORE, inconsideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 1. Legal Custody: The parties agree to shared legal custody of the said rninor children. The parties agree that rnajor decisions concerning the children, including, but not necessarily lirnited to, the . 'P"P."_'f~~~""'~, "'J ... """~ ~"""'I;-~ - .~ ~=~ ~~~_I1'tI1~""l:'-''''ll~m; ,'''~..,." / children's health, welfare, education, religious training and upbringing shall be rnade by thern jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to atternpt to alienate the affections of the children from the other party. Each party shall notif'y the other of any activity or circurnstance concerning their children 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 ernergency decisions which rnust be made, the parent having physical custody of the children at the tirne of the ernergency shall be permitted to make any irnrnediate decisions necessitated thereby. However, that parent shall inform the other of the ernergency and consult with hirn or her as soon as possible. Each party shall be entitled to complete and full information frorn any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Physical Custody: Mother shall exercise primary physical custody of the rninor children. 3, Father shall have partial custody of the children as the parties agree as follows: (a) Alternating weekends from Friday at 6:00p.m, to Sunday at 12:00 p.m. (b) Each Thursday from 5:00 p.m. until 8:00 p.rn. (c) Holidays. The parties shall alternate New Year's Day, Easter, Mernorial '~(, f/~ Day, Fourth of July, and Labor Day, frorn 8:00 a.m. until 6:00 p.rn. with lMlJ'1)f~ having Easter in 2001 and alternating thereafter. (d) Thanksgiving day frorn 3:00 p.rn. until 9:00 p.rn. However, in the event that Father rnust work that evening, he will return the children to Mother prior to going to work. ""~-'..........~ ~ I -I" ~~ !Ill'! ,,_m~_'!'! (e) Christmas Day frorn 2:00 p.rn. until 9:00 p.rn. However, if Father rnust work on that day, he will return the children to Mother prior to going to work. (d) All other tirnes as the parties agree. 4. Transportation: The parties agree that transportation to and from their residences shall be shared, the details of which can be agreed upon by the parties. 5. Travel: In the event that either parent intends to take the rninor children rnore than 120 miles frorn Harrisburg, Pennsylvania, each parent agrees to provide the other with the children's location and provide a telephone number for contact, if possible. 6. Alcohol and Drugs: During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consurne alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household rnernbers and guests comply with this prohibition. II, Death or Disability: In the event of either party's death or significant and long-term disability rendering the person incapable of caring for the child/ (ren), then custody shall automatically vest in the other party. 12. Address and Telephone Nurnbers of Parties: Both Father and Mother must keep each other informed of any changes of address or change of telephone nurnber. Any changes in address or telephone nurnber shall be irnrnediately forwarded to the other party. -'i!~~\!lffi!'mm~" [7\f11 ~"'_~', ,,~! II' ^~ ~~ -~-~. =~ -. '"~ .' 13. Notice of Whereabouts/Illness: Each party agrees to keep the other reasonably informed about the whereabouts of the children while with the other party. If either party has knowledge of illness or accident or other serious circurnstance affecting the welfare of either of the children, he or she shall prornptly notifY the other party of said circurnstances. 14. Telephone Contact with Children: Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall rnake all reasonable effects to prornptly return telephone calls or rnessages left by the other party regarding the children. 15. Disparaging Rernarks: Neither Father nor Mother shall rnake any disparaging rernarks regarding the other parent in the presence of the children. Such as those that rnight tend to alienate the affections of the children toward the other parent. Also, each parent shall inform relatives and friends to also refrain frorn rnaking any disparaging rernarks regarding either parent int he presence of the children. 16. Supercedes of Prior Court Orders: This Stipulation shall be entered as a court order. This Stipulation shall supersede all prior Court Orders, Stipulations or Agreernents. 16, Modification: Any of the provisions of this Agreernent rnay be modified or deleted upon rnutual consent/ agreernent of both parties or upon Petition to the Court for Modification. --'''''f'''''_-'rn',,,,,_~ ,_ .m_~"_~.~""""""",," ""'~H . ~T1"': - - ."," ,'" , , WHEREFORE, the parties intending to be legally bound thereby, and with the desire that this Agreement be entered as an order of court at the request of either party, hereby set their hand and seals and on the date first written above. tlk /~ / / /4f I2t ()lrr--- - '~~x"''''''''~'Hi'''~_ "~~,-~,~'" _ ~~.I'."'I7"l uJ f77'Jr3> ( Vf1/# Q "_~ ,"!_ _ .~ '"~."""',-,J' " if.. i;;, >" ~ () ~ '"~ ' e-',--__, ,. $. .', ',- ',"-. ~-, .~~C,~" C1 ~; aJt} "'~- --- :.::: L. en ,.~ r:;: ~h- , ~:::,- (_:C1 .,.I';;' .-- ;2 .-1 .< ... C', 'r" \ '..0 "-,-, _,0.",. -, . 1fIllI!'1().-.._~~~~~li1ifF~i!1J!j!l!~~M.""-~\1'I'W,!i1ll'l1~"'jj'l!':-T","!r!'~"'~""""";':"-'-'''''''''j!;':~"*""';;"_~-'C'''_KI,,_.~,_;";~,,;;,j;''~'!5''i''.>>t''Jimr,,~:;:;-,;;nY-"'_';"i~;"'''\'+F'';!~~~ p(.::)-{Q II:: fi & , d -V ~ ~ '- -.. -.. ~ ; PAMELA D, SMYSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 0/- ':;091 CI-Ol(~~ CML ACTION - LAW CUSTODY JOHN J. SMYSER, Defendant '~l, . '~~. 1., "., '. ORDER ~ L.:.l AND NOW, this L day of~, 2001, the Stipulation attached hereto as '~:'~\ , ;"~'~.~ ,\':l~ . ,.... "J:. Exhibit" A" is hereby entered as an Order of Court, Jy C . -0\ \ ~ ~~I1--'~. ~<) -'-<'~"1f,"'llWjll:~, :~ I 1_, , . ~, ~ I'!'l ~. __ _ ,~I , Vlt',M\IASNN3d I !I\j'"'l.f'_'-., 10' ~( '--I' '''''''i'~Jr',''' Al.l'i ::-.). 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