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HomeMy WebLinkAbout99-02278 i", ;~~':f> .. ~;;,':~ :~rflt"l~ :~\\:r~ (,. ,C '{i'.. ,. ~[,,)....... ~~~l~L~ ~ :': 'li';""'i"""" ~:~,~::~.,-" ",' ~':"ft,. , "'r~-.~ i:~"" , (. 141.'\L " \"t', W?C, ;}~,> ' 1':;;;;' ~\:," :,' , [ t0f' '.< ~\/ '~~:~:""- ; J b,~.\~.'_, 0.:<:> , ;;,l\}'.' '<:J "". ~,' TERESA K. COPENHAVER, Plaintiff : IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PA No. 99-.;<),,?/ C..,: ( '--ri~ v. WILLIAM E. COPENHAVER, JR., Defendant : CIVIL ACTION - LAW ORDER AND NOW, this -z3 day of ~ 1999, having reviewed the Petition for Custody and the parties' Stipulation in this matter, the Court is satisfied that the best interests and welfare of the children of the parties, Dustin M, Copenhaver, born September 30, 1986, and Stephanie M, Copenhaver, born October 2, 1988, will be served by the following: a, Legal custody of the children shall be shared by the parties. b, Primary physical custody of the children shall be enjoyed by Mother, Plaintiff, Teresa K, Copenhaver, c, Partial physical custody of the children shall be enjoyed by Father, Defendant, William E, Copenhaver, Jr, for the purpose of visitation in accordance with the following schedule: i, Father shall enjoy partial physical custody of the children on alternate week-ends, During Father's designated weekends, his visitation shall begin at 6:00 p,m" Friday and extend until 6:00 p,m, Sunday, or such other time as the parties may agree based on the work schedules of the parties. Father's first weekend of custody in accordance with this schedule shall begin on February 26, 1999, ii, Father shall be entitled to two uninterrupted weeks of physical custody every summer, Father shall provide Mother with at least fourteen (14) days notice of the dates and times on which he chooses to exercise this period of physical custody, The selection of such dates shall be subject to Father's prior notice to Mother, if any, of his vacation plans, iii. On Father's Day each year, iv. On alternate Christmas holidays from 12:00 p.m. Christmas Eve until 12:00 p,m, Christmas Day, in one year, and from 2:00 p.m, on Christmas Day until 12:00 p,m, December 26th in the next year, Father shall enjoy the first year's schedule for Christmas in the year 2000, v, On Thanksgiving Day each year from 3:00 p.m, until 10:00 a.m, the following day, On alternate years Thanksgiving weekends beginning at 6:00 p.m. Friday and extending until Sunday night at 6:00 p.m. with visitation for Father for Thanksgiving weekend starting in the year 1999. vi, On other holidays and during school breaks, including the Christmas and Thanksgiving school holidays, on a mutually agreed shared basis with Father, taking into consideration the work schedules of the parties and the activities of the children. vii. At other times upon mutual agreement of the parties, d. Notwithstanding Father's schedule of partial custody set forth above, Mother shall be entitled to custody of the children: i, Mother shall be entitled to two uninterrupted weeks of physical custody every summer, Mother shall provide Father with at least fourteen (14) days notice of the dates and times on which she chooses to exercise this period of physical custody, The selection of such dates shall be subject to Mother's prior notice to Father, if any, of her vacation plans. ii, On Mother's Day each year, iii, At other times upon mutual agreement of the parties, e. The parties shall, to the maximum extent possible, share custody of the minor children on the children's birthdays, and to allow the noncustodial party access to the children when convenient to the custodial parent, f. The parties shall cooperate to the maximum extent possible in their efforts to serve the best interests of the children in their parenting decisions. g. This partial custody schedule is established in recognition of Mother's and Father's work schedules. Upon a change in Mother's or Father's work schedules, this partial custody schedule shall be subject to modification by agreement of the parties, or by this honorable Court. h, The parties shall not relocate the children from this jurisdiction unless mutually agreed by the parties or upon further order of Court. --, BY J. v 5037.2.4/Stlpulatlon tor CU8tody/CLA/tkc 0]/15/99 10,]4am TERESA K. COPENHAVER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA : No. ClC; - J~?J> C"'l'{ 1E'.u/ v. : WILLIAM E. COPENHAVER, JR., : CIVIL ACTION - CUSTODY Defendant : STIPULATION FOR CUSTODY AND NOW, this /S-~;., day of March, 1999, the parties hereto enter into a Stipulation For Custody as follows: WHEREAS, the parties hereto are Wife and Husband who have agreed to separate and to live separate and apart; and WHEREAS, the parties are the parents of Dustin M. Copenhaver, date of birth, September 30, 1986, and Stephanie M. Copenhaver, date of birth, October 2, 1988; and WHEREAS, the parties have reached an agreement regarding the best interests of their minor children, Dustin M, Copenhaver and Stephanie M. Copenhaver. NOW THEREFORE, Plaintiff and Defendant stipulate and agree that the best interests and welfare of their said children will be served by the following: 1, The Plaintiff Teresa K, Copenhaver currently resides at 1700 Dighton Street, Camp Hill, Cumberland County, Pennsylvania 17011, since August 1994. 2, The Defendant William E, Copenhaver, Jr, currently resides at 139 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania 17043, since February 1999, 3, Plaintiff seeks shared legal and primary physical custody of Dustin M, Copenhaver and Stephanie M. Copenhaver all currently residing at 1700 Dighton Street, Camp Hill, Cumberland County, Pennsylvania 17011. 4, The children were not born out of wedlock. 5, The children are presently in the custody of their Mother, the Plaintiff, During the past five years, the children have resided with the following persons and at the following addresses: From February 1999 to present: with Plaintiff, Teresa K. Copenhaver, at 1700 Dighton Street, Camp Hill, Cumberland County, Pennsylvania 17011, From August 1994 to February 1999: with Plaintiff, Teresa K, Copenhaver, and Defendant, William E, Copenhaver, Jr., at 1700 Dighton Street, Camp Hill, Cumberland County, Pennsylvania 17011, From June 1989 to August 1994: with Plaintiff, Teresa K, Copenhaver, and Defendant, William E, Copenhaver, Jr" at R,D, #1 Box Al-319, Lock Haven, Clinton County, Pennsylvania 17745, 6, The Mother of the children is the Plaintiff, She is married to the Defendant, The parties are presently living separate and apart, 7. The Father of the children is the Defendant, He currently lives alone, 8, Neither party has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court, 9, Neither party has any information of a custody proceeding concerning the children pending in a Court of this - 2 - Commonwealth or any jurisdiction. 10. Neither party knows of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 11. The best interest and permanent welfare of the children will be served hereby because both parties are loving parents able to care for the children. The proposed relief granting Plaintiff primary custody will afford the children the maximum stability in their home environment. The proposed schedule of partial custody and visitation will accommodate Defendant's work schedule and will afford the Defendant liberal contact with his children, 12. Each parent whose parental rights to the children have not been terminated and the person who has phYSical custody of the children have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children, 13, The parties agree to submit this Stipulation to the Court with the following terms being made part of an Order of Court for custody in the above-captioned matter: a, Legal custody of the children shall be shared by the parties, b, Primary physical custody of the children shall be enjoyed by Mother, Plaintiff, Teresa K, Copenhaver, c. Partial physical custody of the children shall be enjoyed by Father, Defendant, William E, - 3 - Copenhaver, Jr, for the purpose of visitation in accordance with the following schedule: i, Father shall enjoy partial physical custody of the children on alternate week-ends, During Father's designated weekends, his visitation shall begin at 6:00 p,m., Friday and extend until 6:00 p.m. Sunday, or such other time as the parties may agree based on the work schedules of the parties, Father's first weekend of custody in accordance with this schedule shall begin on March 26, 1999. ii, Father shall be entitled to two uninterrupted weeks of physical custody every summer. Father shall provide Mother with at least fourteen (14) days notice of the dates and times on which he chooses to exercise this period of physical custody. The selection of such dates shall be subject to Father's prior notice to Mother, if any, of his vacation plans, iii, On Father's Day each year, iv, On alternate Christmas holidays from 12:00 p,m, Christmas Eve until 12:00 p.m, Christmas Day, in one year, and from 2:00 p,m, on Christmas Day until 12:00 p,m. December 26th in the next year, Father shall enjoy the first year's schedule for Christmas in the year 2000, v, On Thanksgiving Day each year from 3:00 p.m. until 10:00 a,m. the following day. On alternate years Thanksgiving weekends beginning at 6:00 p.m, Friday and extending until Sunday night at 6:00 p,m, with visitation for Father for Thanksgiving weekend starting in the year 1999, vi, On other holidays and during school breaks, including the Christmas and Thanksgiving school holidays, on a mutually agreed shared basis with Father, taking into consideration the work schedules of the parties and the activities of the children, vii, At other times upon mutual agreement of the parties, - 4 - d. Notwithstanding Father's schedule of partial custody set forth above, Mother shall be entitled to custody of the children: i, Mother shall be entitled to two uninterrupted weeks of physical custody every summer. Mother shall provide Father with at least fourteen (14) days notice of the dates and times on which she chooses to exercise this period of physical custody, The selection of such dates shall be subject to Mother's prior notice to Father, if any, of her vacation plans, ii, On Mother's Day each year, iii, At other times upon mutual agreement of the parties, e, The paLties shall, to the maximum extent possible, share custody of the minor children on the children's birthdays, and to allow the noncustodial party access to the children when convenient to the custodial parent, f, The parties shall cooperate to the maximum extent possible in their efforts to serve the best interests of the children in their parenting decisions, g, This partial custody schedule is established in recognition of Mother's and Father's work schedules, Upon a change in Mother's or Father's work schedules, this partial custody schedule shall be subject to modification by agreement of the parties, or by this honorable Court, h, The parties agree that the children will not be - 5 - relocated from this jurisdiction unless mutually agreed. The Plaintiff and Defendant do verify that they stipulate as set forth above and that the statements herein are true and correct to the best of their knowledge and information and belief, Plaintiff and Defendant understand that false statements herein are made subject to the penalties of 18 Pa,C.S. ~4904 relating to unsworn falsification to authorities. This Stipulation for Custody shall be construed under the laws of the Commonwealth of Pennsylvania. Plaintiff and Defendant acknowledge that they have read and understand this Stipulation. Plaintiff has been represented by LeRoy Smigel, Defendant has had an opportunity to obtain counsel but has dete~mined that he understands the agreement and does not wish to be represented by counsel in this matter, ~ ~' ~~L /~ /Teresa K, Cope aver, Plaintiff - 6 - I'll i ,~:~ '. ,n;: 1 i .,1. .~ ~ :J :.If: " '~~ ,~ ~~ ~~i ;;.: