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HomeMy WebLinkAbout08-1844 SHERRY JUMPER, Plaintiff V. DONALD JUMPER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. pg- 18g4 CM (TrtA CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 OM & &U ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 SHERRY JUMPER, Plaintiff V. DONALD JUMPER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. b 7? CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Sherry jumper, who currently resides at 659 Hamilton Street, Carlisle Cumberland County, Pennsylvania. 2. Defendant is Donald Jumper, Jr., who currently resides at 2147 Newville Road, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 5, 1998 at Carlisle, Cumberland, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, 5 3301(c) and 3301(d), in that: a. The marriage is irretrievably broken. b. Plaintiff and Defendant have lived separate and apart since December 25, 2007 and continue to do so. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from September 5, 1998, until December 25, 2007, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide allmarital property. DATE I I bb Respectfully submitted, ABOM & KUTULA"S, L.L.P. W. ??- 6'/? Kara W. Haggerty, E e ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, SHERRY JUMPER, verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. X4904 relating to unsworn falsification to authorities. Date .? - //- 0? 'k" SSHERRYJAlWk CERTIFICATE OF SERVICE AND NOW, this day of March, 2008, I, Kara W. Haggerty, Esquire of ABOM & -RLL KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Divorce Complaint by First Class U.S. Mail at the following: Donald Jumper, Jr. 2147 Newville Road Carlisle, PA 17015 Aa S r? rW? C? UI W _ ry TT Ca 4 rt Ez OM & &UTULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 SHERRY JUMPER, Plaintiff V. DONALD JUMPER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0k-19'yY Cte J7.? CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Sherry jumper, who currently resides at 659 Hamilton Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Donald Jumper, Jr., who currently resides at 2147 Newville Road, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following children: Name: Donald Jumper, III Date of Birth: September 29, 1993 Address: 2147 Newville Road, Carlisle, Cumberland County, Pennsylvania Name: Ashley Jumper Date of Birth: December 27, 2003 Address: 188 Faith Circle, Carlisle, Cumberland County, Pennsylvania 4. The child, Donald, was born out of wedlock, and the child, Ashley was born during wedlock. 5. The child, Donald jumper, III, is presently in the custody of Donald Jumper, Jr., who resides at 2147 Newville Road, Carlisle, Cumberland County, Pennsylvania. 6. The child, Ashley jumper, is presently in the custody of Sherry jumper, who resides at 659 Hamilton Street, Carlisle, Cumberland County, Pennsylvania. 7. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Address Date Donald Jumper, Jr. and 2147 Newville Road Birth to December 25, 2007 Sherry Jumper Carlisle, PA 17015 (As to Donald jumper, III) 2147 Newville Road, December 25, 2007 - Present Carlisle, PA 17015 Donald Jumper, Jr. (As to Ashley jumper) 188 Faith Circle December 25, 2007 - March 5, Carlisle, PA 17013 2008 Sherry Jumper Sherry jumper 659 Hamilton Street, March 5, 2008 - Present Carlisle, PA 17013 8. The mother of the children is Sherry jumper, who resides at 659 Hamilton Street, Carlisle, Cumberland County, Pennsylvania. 9. Mother of the children, Sherry jumper, is married but currently separated from Donald Jumper, Jr. 10. The father of the children is Donald Jumper, Jr., who currently resides at 2147 Newville Road, Cumberland County, Pennsylvania. 11. Father of the children, Donald Jumper, Jr., is married but is currently separated from Sherry jumper. 12. The relationship of Plaintiff to the children is that of Mother. 13. The relationship of Defendant to the children is that of Father. 14. The Plaintiff currently resides with the following persons: Daughter, Ashley jumper 15. The Defendant currently resides with the following persons: Son, Donald jumper 16. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court. 17. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 18. The Plaintiff does not know of a person or 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. 19. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The Plaintiff and Defendant have been the primary caregivers of the minor children since their birth. They have: i. Planned and prepared meals; ii. Bathed, groomed and dressed the children; iii. Purchased, cleaned and cared for the children's clothing; iv. Arranged medical care, including trips to physicians; V. Arranged alternative daycare; vi. Put the children to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The children have a psychological bond with the Plaintiff and Defendant. C. Plaintiff and Defendant are able to provide a stable environment for the children. d. Mother is seeking stability for the children with a regular and routine schedule. 20. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant primary physical custody of the children to Mother with rights of partial physical custody with Father. DATE ?? -1 DC1 Respectfully submitted, ABom & KUTULA"S, L.L.P. UD. Kara W. Haggerty, Supreme Court ID E 14 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, SHERRY JUMPER, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date 'O'k SHERRYJLVMPW t' CERTIFICATE OF SERVICE AND NOW, this I T ? v d y of March 2008, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Donald Jumper, Jr. 2147 Newville Road Carlisle, PA 17013 Respectfully submitted, ABom& KUTuLmas, L.L.P. Kara W. Haggerty, too, Supreme Court ID 914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plainto' C. _ c : ? 'T7 r_ 1 f" r ? Y?Z T ^J CD SHERRY JUMPER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1844 CIVIL ACTION LAW DONALD JUMPER, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, April 01, 2008 , 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 Count Courthouse, Carlisle on _ Thursday, April 10, 2008 at 8:30 _AM for a Pre-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. 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, Es q. _ 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 lop ' "f'1 M MAY 0 9 2008 SHERRY JUMPER, Plaintiff v DONALD JUMPER, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-1844 IN CUSTODY COURT ORDER AND NOW, this a?_ day of May, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Sherry Jumper, and the father, Donald Jumper, Jr. shall have shared legal custody of Donald Jumper, III, born September 29, 1993, and Ashley Jumper, born December 27, 2003. 2. During the school year, the father shall have primary custody of Donald and the mother shall have primary custody of Ashley with the non-custodial parent also having time with the other child as the parties agree. 3. During the summer months, the parties may modify this schedule such that one or both of the children may go to live with the other parent pursuant to a schedule as agreed upon by the parties. 4. In the event the parties are unable to reach an agreement with respect to schedule on physical custody, the parties may petition to have the case again scheduled with the Custody Conciliator for a conference. cc: ara W. Haggerty, Esquire r. Donald Jumper, Jr. ?o l T my t Lam... sf4?o$ SHERRY JUMPER, Plaintiff v DONALD JUMPER, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-1844 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Donald Jumper, III, born September 29, 2003, and Ashley Jumper, born December 27, 2003. 2. A Conciliation Conference was held on May 2, 2008, with the following individuals in attendance: The mother, Sherry Jumper, with her counsel, Kara W. Haggerty, Esquire, and the father, Donald Jumper, Jr., who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. Date: 0 v 2 - vz-'? Hubert X. Gilro Custody Conc' at4 Ku OM ?' TLILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 SHERRY JUMPER, Plaintiff V. DONALD JUMPER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. ()?- ( Nq CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this -1 day of May, 2008, I, DONALD JUMPER, JR., hereby certify that I did receive and accept service of the Complaint in Divorce in the above captioned matter. Ali DONALD JUMPER C'} ,.,? r?? ?$ _ _ 'v _' r.?. i 1°'? _? f +'Yy .. /- {,_' ? ? ? ' ?] G,;; '? ?ABOM & KU l ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 SHERRY JUMPER, Plaintiff V. DONALD JUMPER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-1844 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on March 20, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 02,f6 SHERRYJU R c? ^? cr- ?° c? s ? ? ??( ? ? 3 ?` ?'? ? ?? ?.1 ? { r .` ?. r ? . .k. ti OM & &UTULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 SHERRY JUMPER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. DONALD JUMPER, JR., Defendant NO. 08-1844 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 'v? ?U SHERRYJUMPE b ?,. rTl - a:r -ABOM CSC' &UTULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 SHERRY JUMPER, Plaintiff V. DONALD JUMPER, JR., Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-1844 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in divorce under §3301(c) of the Divorce Code was filed on March 20, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. I ; ?-. Date: v 1zf DONALD JUMPER, r.A -c ,l ZZ -ABOM & KUTULAKIS Kara W. Haggerty, Esquire Attorney IR #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 SHERRY JUMPER, Plaintiff V. DONALD JUMPER, JR., Defendant . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-1844 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 3 CL?Oro? ? 'I, _ ? ? Date: DONALD JUMPER, JR. t7 to ? SHERRY JUMPER, Plaintiff V. DONALD JUMPER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-1844 CIVIL ACTION - LAW IN DIVORCE THIS AGREEMENT, made this day of September, 2009, between SHERRY JUMPER, (hereinafter referred to as "Wife', and DONALD JUMPER, JR., (hereinafter referred to as "Husband'. WITNESSETH: WHEREAS, Husband and Wife agree that this Amendment modifies in part the original Marital Settlement Agreement that was signed on February 12, 2009, and all previous warranties, covenants and representations are hereby valid, and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife is represented by Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., and that Husband is pro se. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other parry may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Amendment is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Amendment is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. c. SALE OF REAL ESTATE. i. MARITAL HOME LOCATED IN CUMBERLAND COUNTY. PENNSYLVANIA. 1. The parties acknowledge that they are the joint owners of the marital residence situated at 2147 Newville Road, Carlisle, Cumberland County, Pennsylvania. The parties have listed the house for sale. At the time of the sale of the marital home, Husband shall take a lump sum payment of Five Thousand Dollars and Zero Cents ($5,000.00) from the proceeds of the sale and Wife shall take the remainder of the proceeds from the sale. This Amendment shall replace Paragraph 7(c)(i)(1) of the original Marital Settlement Agreement. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Amendment shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Amendment as if it were a Court Order. This Amendment shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Amendment shall in any way change the terms of this Amendment. This Amendment may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Amendment shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Amendment is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Amendment. 2 IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Amendment is executed in duplicate, and each parry hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: ?MPq-, 24??f SHERRY E n DONALD JUMPE , JR. 3 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On thisay of 2009, before me, the undersigned officer, personally appeared SHERRY JUMPER, 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. /a? rl- - NOTARY PUBLIC SEAL o 7";ion enns Ivani DE, Notary Public Mecha unty of Cumberland My Ces June 11, 2010 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this _ZZ-day of 2009, before me, the undersigned officer, personally appeared DONALD JUMPER, JR., 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. P OTARY PUBLIC ommonwealth of Pennsvlv?ni NOTARIAL SEAL DEBORAH L. RYAN, Notary Public Mechanicsburg Boro., County of Cumberland MY Commission Expires June 11, 2010 4 FILED--1"i: ICE THE ?7rrjj-,N TARY 2009 SLEP 23 N't %: C 1 ?'i r iiN' Y ABOM ?' &UTLILAKIS Kara W. I Iaggerry, ];squire Attornev I.D. No.: 86914 2 West high Street Carlisle, Pennsylvania 17013 (717) 249-0900 SHERRY JUMPER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA 1.. DONALD JUMPER, JR., Defendant CIVIL ACTION - LAW NO. 2008-1844 IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between SHERRYJUMPER, (hereinafter referred to as "Mother") and DONALD JUMPER, JR., (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of two (2) children, namely Donald Jumper, III, born September 29, 1993, and Ashley jumper, born December 27, 2003, (hereinafter referred to as "Children"); and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Children. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. LEGAL CUSTODY: a. The parties shall have shared legal custody of the Children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not 2 limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. 55309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to medical, dental, religious or school records, the residence address of the Children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/ treatment planning meetings and evaluations with regard to the minor Children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 2. PHYSICAL CUSTODY: a. Donald Jumper, III: i. Father shall exercise primary physical custody of Donald jumper, III, ii. Mother shall exercise partial physical custody every third weekend, to coincide with her weekend off from work, from Friday at 6:00 p.m. through Sunday- at 6:00 p.m. b. Ashley Jumper: i. Mother shall exercise primary physical custody of Ashley jumper. 3 ii. Father shall exercise partial physical custody, on alternating Saturdays from 10:00 a.m. until 1:00 P.M. iii. At no time during Father's periods of custody shall there be any contact between Ashley Jumper and Michelle Yana, Father's girlfriend. C. The non-custodial parent may enjoy additional time with the child(ren) at such times as the parties may agree. d. HOLIDAYS: The parties agree to share all major holidays with the dates and times to be agreed to between the parties. 3. The parents shall permit and support the Children's access to all family relationships. Both parties shall accommodate special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc., with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the Children that may interfere with regular visitation. 4. NO CONFLICT ZONE: a. Each parent agrees not to attempt to alienate the affections of the Children from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their Children and refrain from making derogatory- comments about the other parent in the presence of the Children and, to the extent possible, shall not permit third parties from making such comments in the presence of the Children whether the Children are sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, 4 T etc. Each parent should agree to refrain from encouraging the Children to provide reports about the other parent. Communication should always take place directly, between parents, without using the Children as an intermediary-. Each parent should encourage their Children to send the appropriate holiday cards to the other parent. 5. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Children, who has resided for at least the past six (6) months in Cumberland County, Pennsylvania. 6. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 7. 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 any 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 hereinafter mentioned. WITNESSETH: J a? D TE SHERR PE IA4T DONALD JUMP , JR. /I- 5 ,BLED- DF-K'JE OF THE FIROTHOONOTARY 2009 OCT 29 Phi 4: 04 P '!A Nk'SYLVAN , SHERRY JUMPER, Plaintiff V. DONALD JUMPER, JR., Defendant OCT 3 0 200914 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO. 2008-1844 IN CUSTODY ORDER OF COURT AND NOW this '310 day of 091; *- ? , 2009, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE CO w/?W- a W. Haggerty, Esquire, For the Plaint Donald jumper, Jr., Pro Se Defendant 470 Crossroads School Road Carlisle, PA 17015 /1 alb Edgar B. Bayley, P j. Z FILED-01-TICE OF THE PIROr ONOTARY 2009 NOV -2 AM 8= 14 PIE ",INSYLV'i?,,1:A NOV 0 ' 2000 SHERRY JUMPER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DONALD JUMPER, JR. : NO. 2008-1844 Defendant IN CUSTODY ORDER AND NOW, this-? day of October, 2009, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, Esquire Custody Conciliator l FILED- liY THE MARY Jr 2009 NOV -3 AM 10: 07 CU". QTY 0 ALED-i. F'Hf(- ? OM r r ? V '}E ? Ir E " ° t .) S - K? ULAKIS 33: zoio APR 29 p , H ? 12 Kara W. Haggerty, Esquire Attorney I.D. #: 86914 CLVEHE .. . I 2 West High Street Carlisle, PA 17013 nr . t'Ct)14'%'a TV,°4f,,f!,A (717) 249-0900 SHERRY JUMPER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 08-1844 DONALD JUMPER, JR., CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground(s) for Divorce: a. Irretrievable Breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: a. Defendant's Acceptance of Service dated May 2, 2008 and filed May 27, 2008. 3. Date of execution of the Affidavit of Consent required by 53301(c) of the Divorce Code: a. by Plaintiff: March 2, 2009; by Defendant: March 3, 2009. 4. All economic claims previously raised have been settled by filing of the Marital Settlement Agreement dated February 12, 2009. Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a. by Plaintiff: March 10, 2009; by Defendant: March 10, 2009 Respectfully submitted, DATE L ;?C) !/ ABom & KUTULAias, L.L.P Kara W. Haggerty, Es uir. J Supreme Court ID # 9 ,? Jf 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRYJUMPER V. DONALD JUMPER, JR. : NO 08-1844 DIVORCE DECREE 4-7 AND NOW, dolo , it is ordered and decreed that SHERRY JUMPER plaintiff, and DONALD JUMPER, JR. , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marital Settlement Agreement dated February 12, 2009 and the Amendment to Marital Settlement Agreement dated September 23, 2009, are incorporated, but not merged. By the Court, Attest: J. IT rothonotary COtA K)cAi