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HomeMy WebLinkAbout01-06079 , v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 0/- ~"1? Civil Term CHERI L. JUMPER, Plaintiff JAMES W. JUMPER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~~~ day of O~ , 2001, it is hereby ORDERED and DECREED that the terms of the attached Stipulation for Modification of Custody Order are adopted in their entirety and incorporated herein as an Order of Court J. ~.~ U~:J-q - 01 JJ :",;1,,4 ",_ ',~' ",,",'--- ,~, -L\~~ill1'1l>1"",;~i,oill"'....,j{J.tUJ'~~--':lt.H;"!tt~idj"~;;H>""~,,,,..tdt~;;Ailihli0.,,'ji!\;";"!""';''',,"h.''''''''''!i,$)j,;i'}Ni~ ,~,IlIl4l!:)l!1I!UUo~U"" "iI"~",ll""~,.!l!"Jd"""'KJ]Lor"",, ""'",, ' .iio.....!!ll' , irliOiilllJ . ~^ ~'" -'" ,1. """""iiliiI; .~. '~-.:...J'~i'1'illiiMiil:~W-' - c.:~-' 01 or- 2q ,,~, I ~__ Pd 12: lt5 CUME:bitJ\iD COUNTY PENNSYLVANiA ' t"""'" . ~ ~=,,~ ~r~ ,^' .~ . v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. OI-(IJ19 Civil Term CHERI L. JUMPER, Plaintiff JAMES W. JUMPER, : IN CUSTODY Defendant STIPULATION AND CUSTODY AGREEMENT BETWEEN CHERI L. JUMPER AND JAMES W. JUMPER This Stipulation and Custody Agreement is made thi~~ day of ~ , 2001, by and between Cheri L. Jumper (hereinafter referred to as "Mother) of Cumberland County, Pennsylvania, and James W. Jumper, (hereinafter referred to as "Father") of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Mother and Father are the natural parents of two (2) minor children, Sydney Marie Jumper, born October 22, 1994, and Peyton Elizabeth Jumper, born April 19,1998; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. '.'1~"~I".~'" ~_ l1'~ ..,"~ " " -' .~ -. , NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have shared legal custody of their minor children, Sydney Marie Jumper, and Peyton Elizabeth Jumper. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Agreement. 2. Residential Custody. Mother shall have primary physical custody of the children. 3. Partial Custody. Father shall have partial custody of the Child as follows: a. Every other weekend from Friday at 3:30 p.m. until Sunday at 7:00 p.m. beginning on /fJi'Jvemb?reL, c2(X){ . b. Other days or evenings, including overnight visits, as agreed upon by the parties. 4. Alternating Custody/Holidays. The parties shall follow the following visitation schedule regarding Holidays: a. Thanksgiving, Christmas and Easter: Beginning in the year 2001 and every odd numbered year hereafter, Father shall have custody of the children from 10 a.m. through 3 p.m. on Thanksgiving, Christmas Day, and Easter. Beginning in the year 2002 and every even numbered year hereafter, Father shall have custody of the children from 3 p.m. through 8 p.m. on Thanksgiving, Christmas Day, and Easter. b. Christmas Eve. Father shall have custody of the children on Christmas Eve from 3 p.m. through 8 p,m, every year. c. New Years Eve. The parties shall alternate custody on New Year's Eve, with 'J_-'1o/\Il~ __" ~. ,- ~~- -. "" . ..~"~~ Mother having custody of the children on every odd numbered year and Father having custody on every even numbered year. The period of custody shall begin at 12 noon and continue through 8 p.m. The period may be extended by agreement of the parties, as is appropriate according to the children's ages and school schedule. d. Mother's Day and Father's Day. Mother shall always have the right of custody on Mother's Day and Father shall always have the right of custody on Father's Day. The period of custody shall extend from 12 noon through 8 p.m. e. The schedule for visitation and custody on all other holidays may be provided for by the parties through mutual agreement. f. The holiday schedule supersedes any other schedule provisions contained within this agreement. 5. Financial Care of the Children. Father currently maintains medical insurance on the children. Father will continue to maintain such insurance on the children. In the event one party is unable to provide the aforesaid coverage, the other party shall obtain Blue Cross, Blue Shield, Major Medical, and dental coverage or its equivalent for the benefit of the children for so long as it is available through employment. If neither party is able to maintain said insurance through their respective employment, then the cost of said coverage shall be divided equally by the parties. The parties agree that the twenty percent (20%) of the medical expenses which are not covered by the medical coverage programs referred to above shall be divided equally among them. The parties further agree that any non-covered or extraordinary medical and/or dental expense, including orthodontia shall be divided equally between them. Father will reimburse Mother for weekly daycare costs. Upon termination of daycare Father shall continue to deposit the same amount into an interest bearing account for the benefit of the children. Nothing in this agreement shall prevent the parties from requesting a modification of this agreement where there is a material change in the circumstances of the parties or the children, and this agreement shall not contractually obligate the Plaintiff or Defendant to pay an amount per month without rega'rd to the circumstances of the parties or the children. 6, Right of First Refusal. In the event that either party is unable to provide care for the Children during his or her period of custody for a period of three (3) hours or more, that party who is unable to exercise that period of custody shall first make a reasonable effort to contact the other parent to offer the parent the opportunity to provide care for the child before contacting third-party care givers. 6. Transportation. Transportation shall be equally shared by the parties. In the event that any party is more than twenty minutes late for a scheduled custody ['. ~-_. ,<""",, ~, [-,,,,"' """ ~~. ~'"" '''l~. I ~,_. exchange, in the absence of a telephone call or other communication from the parent who is to be assuming custody, the other parent may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party will be free to make other plans with the children. 7. Ongoing RelationshiD. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the present of the child, make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy on the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide day care for the child. 8. Illness of the Children. Emergency decisions regarding the children may be made by the parent then having custody. However, in the event of any emergency or serious illness of the child at any time, any party then having custody of the child, shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involving in the decision making process as soon as possible. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 9. Welfare of the Children to be Considered. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Agreement. 10. Bindin9 effect. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective successors, executors, administrators, heirs, personal representatives, and assigns. 11. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 12. Headings. Section and paragraph headings in this Agreement are included for the convenience of reference only and shall not constitute part of this Agreement for any other purpose. 13. Background. The background provisions to this Agreement set forth above (including, without limitation, all defined terms set forth above) are hereby incorporated in this Agreement and made a part hereof as if set forth in their entirety in this Section, " ~> ",,~ -'I" ~ ~ ,.,~,~ 14. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 15. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: cf.t~:k MMONWEALTH OF PENNSYLVANIA ) BOROUGH OF ):ss COUNTY OF CUMBERkiND ) On this, the,9...3 day of cx..-I-o~ ' 2001, before me, the undersigned officer, personally appeared Ch-eR! \~"\UM~ known to me, (or satisfactorily proven) to be the person whose name is subscrib d to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official commission'expires: SEAL NOTARIAL SEAL JANE E. ADAMS. Notary Public CIIIl8Ie 80m, CUmbeIland County MtCGm71111l11&phs.e.. -",r""''''''''wl'O' , ,~o ,<, , , ., WITNESS: In the presence ~ n ., C1ttu..o~. ~ YfFss COMMONWEALTH OF PENNSYLVANIA ) BOROUGH OF ):ss COUNTY OF CUMBERLAND ) On this, the~ay of ~ , 2001, before me, the undersigned officer, personally appeared (1;J/AMIJJ. i1~ known to me, (or satisfactorily proven) to be the person wh~ name is sul9SCrib~dto the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. ~~~r IN WITNESS WHEREOF, I hereunto set my hand and 0 My commission expires: NOTARIAL SEAL JANE E. ADAMS, Notary ~ Carlisle BolO, cumbe~~""'U.2004 My eommiss\Ofl Explres........ . 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