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HomeMy WebLinkAbout01-04767MARY COOPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUTITY, PENNSYLVANIA v. :CIVIL ACTION -LAW VON R. JAYMES, NO. ~ ~~ `~ 7(~ ~ CIVIL TERM Defendant IN CUSTODY PRAECIPE TO FILE A CUSTODY DECREE OF ANOTFIER JURISDICTION PURSUANT TO 23 PA.C.S.A. §5356 Pursuant to 23 Pa.C.S.A. §5356 and 23 Pa.C.S.A. §5364 of the Domestic Relations Code, relating to Uniform Child Custody Jurisdiction Act, please file of record the attached certified Order of Court, dated December 15, 1994, from the Court of Common Pleas of Huntingdon County, attached hereto. Respectfully submitted, G~IFF`IE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 Y IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA CIVIL DIVISION 1. The parties shall share legal custody of their sons, Brion and 2. Primary physical custody of the boys is awarded to Von R. MARY COOPER, VON R. JAYMES, N0. 93-935 O R D E R - A O m _ ~ -o N - a _ ~ AND NOW, this ( S~ day of December, A.D., 1994, after careful consideration of the evidence presented, and the Briefs submitted by counsel, It is the Order of this Court that the Petition of Mary Cooper ~ for primary physical custody of her sons is denied. It is the further order of this Court that: Clayton Jaymes. Jaymes, the natural father. Plaintiff vs. . Defendant 3. Partial custody of Brion and Clayton Jaymes is awarded to the Barbara Baxter, ".'Steven Hurvitz, I' Principal Carol I, by cnk plaintiff Mary Cooper, as follows: ',Esq. Esq. ne Payne Certified from the reCOrd this ,,,,~~~dayof A:D.,200 -1 PROTHONOTA LERi<O~ COURT 3.1. During the summer school vacation from the Sunday following the close of school until the Wednesday preceeding the opening of school in the fall. 3.2. On weekends at times convenient to the plaintiff provided she gives defendant at least seven (7) days notice that she will exercise her right of partial custody. 3.3. On Thanksgiving from the Wednesday preceeding at 5:00 p.m. until Sunday at 6:00 p.m. 3.4. From 3:00 p.m. Christmas Day until 3:00 p.m. New Year's Day. 3.5. At such other times as the parties may mutually agree. 4. During the summer school recess, defendant shall have the right of partial custody of his sons as follows: -2- ~~ 4.1. For one week of vacation provided that at least fourteen (14) days notice is given to the plaintiff prior to the exercise of this right. 4.2. On two weekends at times convenient to the defendant provided that he gives plaintiff at least seven (7) days notice that he will exercise his right of partial custody. 5. Nothing herein shall be interpreted in such fashion as to prevent or impede variation of the schedule herein set forth by agreement of the parties, and such agreements are encouraged by this Court. 6. During such times as the children are in the custody of either parent, reasonable telephone communication between the non-custodial parent and the boys shall be allowed and encouraged. 7. This Order shall be interpreted so as to enhance the best interest of the children with particular emphasis in their physical, emotional, educational and spiritual welfare. Accordingly, it is essential that both father and mother strive to maintain civil communication between themselves and that they respect the parental rights of each other. -3- .. o. Since it is the intent of this Court that both children maintain a strong, loving relationship with each parent, this Court shall interpret any act that undermines or circumvents that intent as an act of contempt. BY THE COURT, ~i ~ I i I ~ -4- C i ~ ~ ~~ ~~ ~ ~ ~ ~~ ~ , ~ ~ Ua ~ ~ c ~\ ~ V ~(iP ~nhJ`v%11lSNN~d ,:_.r(~41~~ Yt i~~~4Ei iii r'~ Cl ' Ji~~ ~, ~ zz~~ s e..a:rxa..:;:: ~sragr~~eC~r~ n..:aas~F~~:#~rdkW~~°- ... MARY COOPER IN THE COURT OF COMMON PLEAS OF PLAINTIFF ; CUMBERLAND COUNTY, PENNSYLVANIA V. • 01-4767 CIVIL ACTION LAW VON R. 7AYMES DEFENDANT 1N CUSTODY ORDER OF COURT AND NOW, Tuesday, December 18, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, January 04, 2002 at 9:30 AM for aPre-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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, BY~ /s/ Hubert X. Gilroy Esq~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available 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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717)249-3166 rx w ~11~ 1 ~ ~ iil``,I.i "..~ ~~ lJ ~`4~`ti:J`i ~ti.i `i V.'i ~~/i~~al- e~~'~ l:opy m~s(.~.uC~k, t~l-~ i''Z~Y ~ac~. ~g~/ DEC 14 2001~~`' MARY COOPER, Plaintiff vs. VON R JAYMES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIi, ACTION -LAW NO.Ol-4767 CIVIL TERM IN CUSTODY AND NOW this day of 2001, upon consideration of the attached Petition for Modification of Custody, it is~hereby directed that the parties and their respective counsel appear before conciliator, at Esquire, the Cumberland County, Pennsylvania, on the day of , 200_, at o'clock .m. for a Pre-Heating Custody Conference. At such conference, an effort will be trade to resolve the issues in dispute; or if this carmot be accomplished, to define and narrow the issue to be heard by the Court, and to enter itato a temporary Order. All children age five (5) or older may also; be pressor at the conference. Failure to appear at the conference may provide grounds for ertuy of a temporary or permanent Order. ~ FOR THE COURT, Bp: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Atrteticans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, Please corrtact our office. Alt 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 TAIL THIS PAPER TO YOUR LAWYER AT ONCE: 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TF..LEPHt?NE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LECrAL HELP. Cumberland Couttty Bar Association 2 L'berty Avemre Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i MARY COOP$R, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. VON R 7AYMES; Defendant CIVIL ACTION -LAW NO.O1-4767 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY i. Your Petitioner is Mary Cooper, the above captioned Plairdi$ an adult individual cufrently residing at 2110 Ilollyrood Street, Winston-Salem; North Carolina. 2. Your Respondent is Von R Jaynes, an adult individual cwrreotly residing at 830 Ridge Road, Carlisle, Pem>sylvania. 3. The parties! are the natural parents of two children, namely, Bryon Jayntes, bona duly 12, 1982, and Clayton Jaynes, bon February 22, 1986. 4. Clayton Jaylttes is the child at issue in the within Petition for Modification of Custody. 3. An Order of Court was entered on December I5, 1994; in the Court of Common Pleas of Huntingdon County, Pennsylvania, providing Respondent with primary custody of the parties' children, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 6. Said Order of Court was entered into the Cumberland County Court of Common Pleas by Petitioner oa August 13, 2001, a copy of which Praecipe is attached hereto and incorporated herein by reference as Exhibit "B". 7. In the Summer of 1995, Respondent proposed changing the custody arrangements of the child, Clayton James, to include Petitioner retaining custody of the child for not 2 only~the entire Summer vacation break, but to include the Fall semester of school, with Petitioner returning the chdd to Pennsylvania during the Christmas holiday break in the last week of December. 8. Petitioner accepted the above referenced proposal and.the parties have been abiding by theseterms-since that time as indicated below: liIAME ADD1tESS Van~R Jaymes HCR 62, Box 6$ Stephanie Jaymes Neelyton, PA Bryon Jays Clayton Jays Mary Cooper 2329 Windy Dove Bryan Cooper East Bend, NC Clayton Ja} Bryon Jayrnes Mary Cooper 2329 Windy Drive Bryan'Cooper East Bend, NC Clayton Jayraes Von~R Jaymes HCR 62, Box 68 Stephanie Jaymes Neelyton, PA Brytln Jaymes Claykan Jaymes Mary Cooper 2329 Windy Drive Bryan Cooper East Bend, NC Clayton Jaymes Bryon 7aymes Mary cooper 2329 wordy Drive Bryan Cooper East Bend, NC ClaytorrJaymes 3 DATE 1/96 to 6/96 b/96 to 8/96 8/96 to 12!25/96 12/25/96 to 6/97 6/97 to 8197 8197 to IZ/ZSA97 ,_,~~~ 3 NAME I ADDRESS ' VonR Jaynes 830 Ridge Road ' Stephanie Jaynies ~ Carlisle, PA ', ~ $ryon Jaynes ' Clayton Jaynes Nathaniel Jaynes ,, i Mary Cooper 2329 Windy Drive ' ; Bryan Cooper East Bend, NC Claytton 7aymea Von R. Jaynes S.epltame Jaynes Bryon 7aymes Claytaa James Nattianisl Jiymes Mary Coopierr Bryan Cooper Clayton Jaynes VonR Jaynes Stephanie Jaynes Bryon Jaynes Clayton Jaynnes Nathaniel Jaynes Mari Cooper Clayton Jaynes Von'.R Jaynes Stephanie Jaynes Bryon Jaynes Clayton Jaynes Nathaniel Jaynes Mary Cooper Clayton Jaynes 830 Ridge Road Carlisle, PA 2329 wordy Drive East Bend, NC 830 Ridge Road Carlisle, PA 2110 Hollyrood Street Winston-Salem, NC 830 Ridge Road Carlisle, PA 2110 Hollyrood Street Winston-Salem, NC 4 DATE 12/25/97 to 6/98 6198 to 12/25/98 12125!98 to 6/99 6199 to 12/25/99 12/25/99 to 6/00 6/00 to 12/25/00 12/25/00 to 7/3/01 7!5/Ol to Present 9: As t!he parties have bean abiding by the above stated custody arrangements for in 'i excei3s of five years, Petitioner believes that it is in the chfld's best inter+esi to have an j Order of Count ernered reflecting the current custody arrangements. I i 1©: Petitiou~r Las on .numerous occasions requested that Respondem sign a Custody I 5tiptirlation and Agreement which was prepared and forwarded to Lim reflecting the currem custody arrangements, but Respondent has failed and refused to sign said ~~~- l 1.1~~pt ~s otherwise stated above, Petitioner has not participated as a party or witness, or inj any othm~ capacity in other litigation, concerning custody of the child. 12. FarC~pt as otherwise stated above, Petitioner has. no information of any other custody proceeding concerning the child pending in any Court of this Commomvealth. 13. Petitioner does not know of any person not a party to the proceedings who claims to have, custody or visitation rights with respect to the child. Vi~'l'Ti1~`URE, Plaintiff requests your Honorable Court to schedule a Custody Conciliation Conference, at which time an Order of Court can be entered reflecting the status quo a~ody arrangements of the child, Clayton Jaymes. Respectfully submitted, Mary Coop ;Petition 5 I verify:that the statements made in the foregoing document 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. DATE: D~ MAR C00 'i :1 I ii ~'~ ;~ t~ ~` ~ Q r _ _ ~~ Jim .. ~1 - I lit ~- ~„ - ~ ~~ __ w. ~nw,s~~w ~ #~.~:, ass- ..~. ,M ~" ..e~xwn:u3r~rauwc'yia;~r~a~nsj~+++~?ctt'.t ~sgR~.s„.+ MARY COOPER, IN THE COURT OF COMMON PLEAS OF R ~ Q 200 Plaintiff :CUMBERLAND COUNTY, PENNSYLVA vs. CIVIL ACTION -LAW VON R. 7AYMES, NO. 01-4767 CIVII, TERM Defendant, : IN CUSTODY ORIDER OF COURT AND NOW, this 22- day of 2002, IT IS HEREBY ORDERED AND DECREED that the within Custody Stipulation and Agreement shall be made an Order of Court. BY T~'CO ( ! /U~1M 7. r'' ~> v I I ~'~ `i, `t !,~~ ~'~~ 'y~C1 `'_~:[i?", %'t ,,.:'fit;;; _ ~'i. ._ _... -_ . .. _, -.. ~ 1 S~ MARY COOPER, Plaintiff vs. VON R. JAYMES, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-4767 CIVIL TERM IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and yeaz hereinafter set forth, by and between MARY COOPER (hereinafter referred to as "Mother") and VON R. JAYMES (hereinafter referred to as "Father"). WHEREAS, Mary Cooper and Von R. Jaymes are the natural pazents of the child, Clayton 7aymes, (hereinafter referred to as "child"), born February 22, 1986; and WHEREAS, the parties have shared physical custody of the child for ~'~1~°a's ~:s(°z approximately ytelf yeazs allowing for jurisdiction of the issue of custody to be determined by Mother's or Father's residence, the parties concur in jurisdiction being assumed and retained by the Court of Common Pleas of Cumberland County; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth, the parties agree as follows: 1. Father and Mother shall have shared physical and legal custody of the child. 2. The parties shall shaze physical custody by Mother retaining custody of the child for the period from the first day of Iuly each yeaz until the first day of January the following year. 3. Father shall have physical custody of the child from the period beginning on January 1 of each year until July I of that yeaz. ~~. 4. During the Christmas/New Year's holiday season, it is understood that every other yeaz Father shall have the child from late in the afternoon on Christmas Eve, at a time to be agreed upon by the parties, until early afternoon on Christmas Day, at a time to be agreed upon by the parties, with Father having his first Christmas Eve/Christmas Day period in December 2003 and in each odd numbered year thereafter. 5. In recognition of the fact that Mother resides in North Cazolina and Father resides in Pennsylvania, the parties understand that if either parent is in the other parent's State for a visit with relatives or for any other reason during the other parent's period of custody, the other parent shall make the child available for appropriate periods of visitation or partial custody as may be appropriate under the circumstances. Further, each party shall give the other at least ten (10) days notice regarding any such request for additional periods of contact with the child so as to provide the greatest notice possible for the other party. Each parent shall be flexible in this regazd. 6. The parties acknowledge that Clay is a special needs child who will likely require care for an indefinite period into his adulthood. As such, it is the intention of the parties that the custodial arrangement described herein shall continue after the child's 18`" birthday and shall not be affected by his reaching the age of adulthood. 7. In recognition of the child's physicaUmental medical condition, under no circumstances shall either party allow the child to be left unattended or unsupervised for any reason or for any period of time. 8. The parties shall alternate claiming the child as a dependent on their respective state, federal and local tax returns, with Father claiming the child for the 2001 tax year and all odd numbered years thereafter and Mother claiming the child for the 2002 tax year and all even numbered yeazs thereafter. 9. The parties at all times shall have reasonable telephone access to the child while the child is in the other party's custody. 10. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, all parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 11. The parties shall not do anything which may estrange the child from the other parties, or injure the opinion of the child as to the other parties, or which may hamper the free and natural development of the child's love and affection for the other parties. 12. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 13. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County. It is the desire of the parties to have all prior Orders relative to custody of the child vacated. _. .. ~. 14. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. I5. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein mentioned. WITNESSES; DATE MARY J C PER ~ wK_ ti,/ Z -ZS •OZ I-~- /C- ~ DATE VON R. JAYME STATE OF NORTH CAROLINA COUNTY OF _~ On this the ~a day of n'Zo~~~ , 2002, before me, the undersigned officer, personally appeared Mary J. Cooper, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official sea(. a ~ `~72y C~Jrrvtn,c6/-Q-(,cn~ ~~~-'~- 118-o`~_aao~, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this the ~~ day of ~~l~~~.2.~ > 2002, before me, the undersigned officer, personally appeazed Von R. Jaymes, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~~,, ~~ ,ni I =' '' ~~, 2oo~j s ~~ ~~,.~:„~ ~xys,aceiv . r_x ~{ry x a tx.=aa+ ~ a , axY~nr c+ ~sev