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HomeMy WebLinkAbout09-5120OM & &U ULAKIS Kara W. Haggerty, Esquire Attomey I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 ERIN JUNKINS, Plaintiff V. SCOTT JUNKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. G G? ?I CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Erin Junkins, who currently resides at 1545 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Scott Junkins, who currently resides at 1545 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following children: Name: Shelby Junkins Date of Birth: 10/31/01 Address: 1545 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania Name: Brendan Junkins Date of Birth: 7/22/04 Address: 1545 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania 4. The child, Shelby Junkins, was born out of wedlock and the child, Brendan Junkins, was born during wedlock. 5. The children are presently in the custody of Erin Junkins, who resides at 1545 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania. 6. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Erin Junkins and Scott Junkins Address 1545 Longs Gap Road, Carlisle, PA Date July 2003 to Present 7. The mother of the children is Erin Junkins, who resides at 1545 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania. 8. Mother of the children, Erin Junkins, is married but separated. 9. The father of the children is Scott Junkins, who currently resides at 1545 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania. 10. Father of the children, Scott Junkins, is married but separated. 11. The relationship of Plaintiff to the children is that of Mother. 12. The relationship of Defendant to the children is that of Father. 13. The Plaintiff currently resides with the following persons: Shelby Junkins, Brendan Junkins and Paige Junkins (Mother's daughter from a previous relationship). 14. The Defendant currently resides with the following persons: Shelby Junkins, Brendan Junkins and Paige Junkins (Mother's daughter from a previous relationship). 15. 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. 16. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 17. 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. 18. 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 has been the primary caregiver of the minor children since their birth. Plaintiff has: i. Planned and prepared meals; u. 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 children in the middle of the night, and awakened the children in the morning. b. The children have a psychological bond with the Plaintiff. C. Plaintiff is able to provide a stable environment for the children. d. Plaintiff has been a stay-at-home Mom for approximately the last three (3) years. e. Defendant works non-traditional hours at his present place of employment, and Plaintiff is able to provide a more stable and consistent environment for the children. 19. 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 the Plaintiff, with rights of partial physical custody to the Defendant. Respectfully submitted, D xm 0 122- 109 ABom & KUTULA"S, L.L.P. /uo. LIWMIj_' Kara W. Haggerty, ESupreme Court ID 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaint VERIFICATION I, Erin Junkins, 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. 'CAM Date In ERIN JUNKINS J CERTIFICATE OF SERVICE AND NOW, this Zz '- aay of July 2009, 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 hand delivery to the following: Scott Junkins c/o Visual Addiction Tattoo & Body Piercing 30 West High Street Carlisle, PA 17013 Respectfully submitted, ABom& KUTUL.4"s, L.L.P. Kara W. Haggerty, Es Supreme Court ID N 4 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ALED-,D-i +,,E OF THE F! r,,, { )T4py 2009 JUL 28 Ali 0: 3 G 1 I ckt4 /711 AOM & uLucis Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 ERIN JUNKINS, Plaintiff V. SCOTTJUNKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-5120 CIVIL ACTION - LAW IN CUSTODY ACCEPTANCE OF SERVICE AND NOW, this 28th day of July, 2009, I, Marylou Matas, Esq., hereby certify that I did receive and accept service of the Complaint in Custody in the above captioned matter on behalf of the Defendant, Scott Junkins, and I further certify that I am authorized to do so. 7 , DATE Z *oa sq FILED- , OF THCE ERIN JUNKINS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT JUNKINS DEFENDANT 2009-5120 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 04, 2009 , 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 Thursday, September 10, 2009 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 T", 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 a?. ?A , OM & T ITULAKIS Kara W. Hacrty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 ERIN JUNKINS, Plaintiff V. SCOTT JUNKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA : NO. 09-5120 CIVIL ACTION - LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between ERIN JUNKINS, (hereinafter referred to as "Mother") and SCOTT JUNKINS, (hereinafter referred to as "Father'. WHEREAS, the parties are the natural parents of two children, namely SHELBY JUNKINS, born October 31, 2001, and BRENDAN JUNKINS, born July 22, 2004 (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. 1. The Mother and Father shall enjoy shared legal custody of the Children. The parties equally shall have the right to make all major non-emergency decisions affecting the Children's general well being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. 55309, the parties 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. The parties shall be entitled to full participation in all educational and medical/ treatment planning meetings and evaluations with regard to the minor Children. The parties 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. 2. Mother shall enjoy primary physical custody of the Children. 3. Father shall enjoy partial physical custody of the Children as follows: 2 a. Three (3) weekends of the month from Friday at 7:00 p.m. through Sunday at 7:00 p.m. It is specifically agreed that the third (3r? weekend of every month is Mother's weekend to exercise custody. b. Summer: The parties shall exercise shared physical custody over the summer on a week-to-week basis, with the custody exchanges occurring on Friday evenings at 7:00 p.m. Father shall begin the summer custody schedule with the first Friday that the children are out of school. c. At all other times that the parties may agree. 4. The parties will share all major holidays by agreement as follows: a. Christmas: The Christmas holiday shall be divided into two (2) blocks. Block A shall be from Christmas Eve at noon until Christmas Day at noon. Block B shall be from Christmas Day at noon until December 26`h at noon. In 2009 and all odd-numbered years, Father shall exercise custody for Block A and Mother shall have Block B. In 2010 and all even- numbered years, Mother shall have custody for Block A and Father shall have custody for Block B. The parties shall divide the remainder of the Christmas break so that each party shall have the opportunity to spend time with the children equally during their time off from work and/or school. b. Thanksgiving: The parties shall alternate Thanksgiving each year with Mother exercising custody for Thanksgiving in 2009 and all odd-numbered 3 5 6 years, and Father exercising custody for Thanksgiving in 2010 and all even- numbered years. c. Mother's Day/Father's Day: Each parent shall exercise custody of the children for the respective holidays of Mother's Day and Father's Day. The time for the holiday shall be from 9:00 a.m. through 7:00 p.m. d. Children's Birthdays: The non-custodial parent shall exercise a period of four (4) hours of custody on each child's birthday. The specific times shall be agreed upon by the parties. e. All other holidays shall be shared or alternated by agreement of the parties. Transportation shall be shared by the parties, so that custody exchanges are at a location equal distance between the parties' respective residences. Child Support: The parties agree that Father shall pay to Mother the sum of $150.00 per week as child support. Child support payments shall be modifiable based on a change of circumstance, such as job loss or disability, change in primary custody, or change in income such that either party makes substantially more or less than they do currently. Child support shall be paid from Father directly to Mother on a weekly basis and shall not be paid through Domestic Relations or wage attached. The parties shall share any unreimbursed medical expenses, expenses related to extracurricular activities, and expenses related to school activities equally. 4 Father shall claim the children as tax dependents/ deductions on taxes, beginning with the 2009 tax year and all subsequent years for so long as the children can be claimed as dependents /deductions. 7. Relocation: It is specifically agreed that neither party shall relocate with the children out of the Cumberland County/Perry County area without the consent of the other party. 8. Smoke/Drink/Illegal Substances: No party shall smoke in any part of a confined area with the child(ren) present and neither party shall permit another person to smoke in any part of a confined area with the child(ren) present. No party shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the child(ren), and no party shall be under the influence of illegal substances when in the presence of the child(ren). 9. Neither parent shall do anything which may estrange the Children from the other party, injure the opinion of the Children as to the other party, or which may hamper the free and natural development of the Children's love and affection for the other party. 10. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 11. 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 5 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 have resided for at least the past six (6) months in Cumberland County, Pennsylvania. 12. 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. 13. 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: E t -) 1-1 '-? k "1,3 7? DATE ERIN JUNKINS DATE SCOTT JUA NS 6 ,? 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 have resided for at least the past six (6) months in Cumberland County, Pennsylvania. 12. 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. 13. 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: 612olug - 11-h di ?16 DATE ERIN JUNI S DATE SCOTT JUNKINS 6 ERIN JUNKINS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA V. NO. 09-5120 SCOTT JUNKINS, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2009, the attached i Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT: Distribution: Alli. Haggerty, Esquire, Attorney for Plaintiff Matas, Esquire, Attorney for Defendant FILED- = 'll"E 2009 A G 28 PH 2: 5 ERIN JUNKINS, Plaintiff v SCOTT JUNKINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-5120 IN CUSTODY ORDER AND NOW, this AU day of September, 2009, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X .Gilroy, Custody Conciliar OF THE PM TRIONOTAPY 2009 SEP 14 PM 12: 3 1 G THE f'~OTHC~3r~~'~~Y ~~BOM ~ 2052 OCT 23 P5~ 2~ ; P LITLIL.AKIS ~rU ~r : > ru~,e~-~~~. L.~r~,ri~-e CUMBERLAND COUNTY _~r/orne,~Lri.#: <s<~~>-~ PEHNSYI.YANIA U e.il f~l~r~~ ,~~ /T"lei (.avlr.~le, P, 1 17U j r?1?; 2-l)-l)Ji)Q ERIN JUNKINS, IN THE COURT OF COMMON PLEAS (now ERIN MANE) CUMBERLAND COUNTY, P.1 v• NO. 2009-5120 SCOTT JUNKINS, CIVIL ACTION - LAVA' Defendant IN CUSTODY TO THE HONORABLE ALBERT H. MASLAND, JUDGE OF SAID COURT: PETITION FOR TRANSFER OF VEN E AND NOW, comes the Petitioner, Erin Lanc (formerly known as Erin Junkins), by and through her attorney, Kara W. Haggerty, Esquire, of ABO~I & KL'T'UL_1hIS, I..L.P., and respectfull~~ petitions for transfer of venue, and in support thereof avers the following: 1. Petitioner is Erin Lane, (hereinafter referred to as "Mother"), who currently resides at 900 Kennedy Valley Road, Landisburg, Perry County, Pennsylvania and is represented by Kara W. Haggerty, Esquire of Abom & Kutulakis, LLP. 2. Respondent is Scott Jenkins, (hereinafter referred to as "Father"), who currently resides at 3351 Carlisle Road, Dov cr, York County, Pennsylvania, and has been represented by Marylou Matas, Esquire oil Sadis, Sullivan & Rogers. 2~. On or about August 14, 2009, the parties executed a Custody Stipulation and Agreement in Cumberland County court, regarding custody of Shelby Junkins and Brendan Junkins (hereinafter referred to as "Children"). See Custody Stipulation and Agreement attached hereto and marked as "Exhibit A". 4. At the time of the execution of the Stipulation, one or both parties were residing in Cumberland County, PA. 5. On August 28, 2009, the Honorable Albert H. Masland signed an Order making the Custody Stipulation and .Agreement a record of court and providing Mother and Father shared legal and physical custody of the Children. 6. Presently, neither party resides in Cumberland County. 7. bather resides in York County, Pennsylvania. 8. Mother resides in Perry County, Pennsylvania. 9. The Children have resided in Perry County, Pennsylvania since 2009.. 10. Mother avers that Perry County, not Cumberland Counth, is the proper venue for this custody action, pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S.A. Section 5401 et. seq., and that the custody action filed in Cumberland County should be transferred to P~°rry County. 11. The provisions of the Uniform Child Custody Jurisdiction and Enforcement Act allocating jurisdiction and functions between and among courts of different states shall also allocate jurisdiction and functions between and among courts of Common Pleas of this Commonwealth. 23 Pa.C.S.A. ~ 5471. 7 2. At this point, the Court of Common Pleas of Cumberland Count,- would not have jurisdiction to make an initial child custody determination, as Perrv Counh~ is the home county of the children. 23 Pa.C.S.A. ~ 5421. 13. The Court of Common Pleas of Cumberland County does not have exr_lusivc, continuing jurisdiction over this custody matter because neither the children nor their Mother have a significant connection with Cumberland County, and substantial evidence is no longer available in Cumberland County concerning the children's care, protection, training and personal relationships. 23 Pa.C.S.A. X5422. 14. Mother intends to file a Motion to Modify Custody and is requesting a transfer of venue to be able to file in the appropriate venue. WHEREFORE, Respondent respectfully requests This Honorable Court to transfer jurisdiction over the above-docketed custody action to Perry County, Pennsylvania. ~, Respectfully submitted, ABOM & KUTULAKIS, L.L.P. f -~ Kara ~'. Haggerty, Esc 1 ~' Supreme Court ID N~. 6 14 , 2 West High Street '" ~~ Carlisle, PA 17013 (717} 249-0900 Attorney for Plaint VERIFICATION PURSUANT TO Pa.R.C.P. 1024Ic) Kara W. Haggerty, Esquire, states that she is the attorney for the party filing the foregoing document; that she makes this affidavit as an attorney, because the party she represents lacks sufficient knowledge or information upon which to make a verification and/or because she has greater personal knowledge of the information and belief than that of the party for whom she makes this affidavit; and/or because the party for whom she makes this affidavit is outside the jurisdiction of the. court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that she has sufficient knowledge or information and belief, based upon hex investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. Date: ~~ f ~' .~ '~ ~ .~L- ~ ~. ~ ~ - i~ ~1~.~ (~ ~ a. ,,~ ( ,__ . ~ ~ _s ~. Kara W. Haggerty, Esquire i. ~. c~~1 ~' UI~:~KIS h.ar~ A~~ 1 .aircr,~~, li:yuirc Uca i ii~rh Sin cr 1~~ "~i~,_~)9i~Ci FRIti J i_JNKINS, Plaintiff v. SCOT~C JUNKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PF,NNA THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between ERIN .IUNKINS, (hereinafter referred to as "Mother") and SCOTT ,IUNKINS, (hereinafter referred to as "Father' WHEREAS, the parties are the natural parents of two children, namely= SHELBY JUNKINS, born October 31, 2001, and BRENDAN JUNKINS, born July 22, 2004 (hereinafter referred to as "Childre~n'~; 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. CIVIL ACTION -LAW IN CUSTODY EXHIBIT s ~% NO. 09-5120 ., 1. The Mother and Father shall enjoy shared Iegal custody of the Children. The parties equally shall have the right to make all major non-emergency decisions affecting the Children's general well being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. X5309, the parties 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 infornation, 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. The parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Children. The parties 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. ~.. Mother shall enjoy primary physical custody of the Children. 3. Father shall enjoy partial physical custody of the Children as follows: 2 a. Three (3) weekends of the month from Friday at 7:00 p.m. through Sunday at 7:00 p.m. It :is specifically agreed that the third (3r~ weekend of every month is Mother's weekend to exercise custody. b. Sumrner: The parties shall exercise shared physical custody over the summer on a week-to-week basis, with the custody exchanges occurring on Friday evenings at 7:00 p.m. Father shall begin the summer custody schedule with the first Friday that the children are out of school c. At all other times that the parties may agree. 4. The parries will share all ma}or holidays by agreement as follows: a. Christmas: The Christmas holiday shall be divided into two (2) blocks. Block A shall be from Christmas Eve at noon until Christmas Day at noon. Block B shall be from Christmas Day at noon until December 26`'' at noon. In 2009 and all odd-numbered years,. Father shall exercise custody for Block A and Mother shall have Block B. In 2010 and all even- numbered years, Mother shall have custody for Block A and Father shall have custody for Block B. The parties shall divide the remainder of the Christmas break so that each parry shall have the opportunity to spend time with the children equally during their time off from work and/or school. b. Thanksgiving. The parties shall alternate Thanksgiving each year with Mother exercisin€; custody for Thanksgiving in 2009 and all odd-numbered 3 i G; G years, and Father exercising custody for Thanksgiving in ?010 and all even- numbered years. c. Mother's Day/F'ather's Dap: Each parent shall exercise custody of the children for the respective holidays of Mother's Day and Father's Day. The time for the holiday shall be from 9:00 a.m. through i :00 p.m. d. Children's Birthdays: The non-custodial parent shall exercise a period of four (4) hours of custody on each child's birthday. The specific times shall be agreed upon by the parties. e. All other holidays shall be shared or alternated by agreement of the parties. Transportation shall be shared by the parties, so that custody exchanges are at a location equal distance between the parties' respective residences.. Child Support: The parties agree that Father shall pay to Mother the sum of $150.00 per week as child support. Child support payments shall be modifiable based on a change of circumstance, such as job loss or disability, change in primary custody, or change in income such that eit~ier party makes substantiaIly more or less than they do currently. Child support shall be paid from Father directly to Mother on a weekly basis and shall not be paid through Domestic Relations or wage attached.. The parties shall share any unreixnbursed medical expenses, expenses related to extracurricular activities, and expenses related to school activities equally. 4 Father shall claim the children as ta_X dependents/deductions on taxes, beginning with the 2009 tax year and all subsequent years for so long as the children can be claimed as dependents/deductions. 7. Relocation: It is specifically agreed that neither party shall relocate with the children out of the Cumberland County/Ferry County area without the consent of the other party. 8. Smoke/Drink/Illegal Substances: No parry shall smoke in any part of a confined area with the child(ren) present and neither party shall permit another person to smoke in any part of a confined area with the child(ren) present. No party sh;311 drink alcoholic beverages in excess or consume illegal substances when in the presence of the child(ren), and no party shall be under the influence of illegal. substances when in the presence of the child(ren). 9. Neither parent shall do anything which may estrange the Children from the other party, injure the opinion of the Children as to the other party, or which may hamper the free and natural development of the Children's love and affection for the other party. 10. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall ~be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement 11. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland CountST, and further 5 ~~ 1' acknowledge that the Court of Common Pleas of Cumberland CountST does, in fact, have jurisdiction over the issue of custody of the parties' minor Children, who have resided for at least the past six (6) months in Cumberland County, Pennsylvania. 12. 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. 13. The parries 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 i;; 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: DATE ERIN JUNKINS ~'°~ ~~ , / "nJ / __ ~,' ~ ~ DATE SCOTT JU KINS 6 acknowledge that the Court of Common Pleas of Cumberland (;ounty does, in fact, have jurisdiction over the issue of custody of the parties" minor Children, who have resided for at least the past six (6) months in Cumberland County, Pennsylvania. 1 ?. 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. 7.3. 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 WHEREON, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITI~TESSETH: DATE ERIN JUN S DATE SCOTT JUNKINS 6 CERTIFICATE OF SERVICE ,( ~~ ~, AND NOW, this G_.--% day of October 2012, I, Kara W. Haggerty, Esquire, of ~1bom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petition to "Transfer Venue, upon the :Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, Return Receipt Requested, postage prepaid addressed to the following: :Marylou Matas, Esquire Saidis, Sullivan & Rogers 26 Wcst High Street Carlisle, PA 17013 Attorn~~ for Defendant Respectfully submitted, Abom & Kutulakis, L.L.P. is Kara W. Ha er Es _T___. -__-~ ,,., g$ ry, ~~ Supreme Court ID 1)•To~ . 614 2 West High Street ~ '~~ Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff __ ERIN JUNKINS, (now ERIN LANE) v. SCOTT JUNKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2009-5120 CIVIL ACTION -LAW IN CUSTODY ORDER AND NOW, this day of-~ 2012, upon consideration of the Petition for Transfer of Venue, said Petition is GRANTED. Perry County shall heretofore exercise jurisdiction over the above-docketed custody action. The Prothonotary office of Cumberland County is directed to transfer the custody file to Perry County. Ili the alternative, a Rule Eo Show Cause is hereby issued upon Respondent to show cause why the Petitioner should not be permittcd~to tra- risf`eY ~uris con of t~lie witTiiri custo~Y matter to Perry County. BY THE COURT: ///t/~7 7/J/Jf// Albert H. Masland, l` J Distribution: c-~ ~- ~., ~, , / Kara W. Haggerty, Esquire ~~ ~ --; Abom & Kutulakis, LLP =-'~ ~ r,J 'n 2 West High Street, Carlisle, PA 17013 17 ' u ~ ~ - ~, ~ ` _. ~ Marylou Matas, Esquire z~- ~-, -~ -~ ~`~ -}-; Saidis, Sullivan & Rogers ~ er ~_ µ-~ . " 26 West High Street ~# r,} ~ Carlisle, PA 17013 ~ ~ `'`' -<