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HomeMy WebLinkAbout01-4767MARY COOPER, VON R. JAYMES, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. o t- 9 7(, "/ CIVIL TERM : IN CUSTODY PRAECIPE TO FII,E A CUSTODY DECREE OF ANOTHER JURISDICTION PURSUANT TO 23 PA.C.S.A. _1}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 ~RIFF~E & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Barbara Baxter, Steven Hurvitz, Principal Carol by cnk IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA CIVIL DIVISION MARY COOPER, VON R. JAYMES, VS. Plaintiff : : NO. 93-935 : Defendant : ORDER AND NOW, thisbe- 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: 1. The parties shall share legal custody of their sons, Brion and Clayton Jaymes. 2. Primary physical custody of the boys is awarded to Von R. Jaymes, the natural father. 3. Partial custody of Brion and Clayton Jaymes is awarded to the plaintiff Mary Cooper, as follows: isq. Esq, ne Payne -1 Certified from It',e recOYd'thim ROTHONOTA LERK OF 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. Day. 3.4. From 3:00 p.m. Christmas Day until 3:00 p.m. New Year's 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- ~. Since it is the intent of this Court that both children maintain a stroh§, 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, -4- VON R.' Def~ IN THE COURT OF COMMON PLF. AS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4767 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY Your P~ifi0n~ i~ Mary COOl~t, the above cap~oned l~nln~, an adult individual currem~ residing a~ 2110 Hollyrood $tree$, W'ms~on-Salenk North Carolina. 2. Your Re~ondent is Von R. Jaymes, an adult individual cun'ently re~ at 830 3. Th~ i:m~iesiaro the natural parents of two children, nan~y, B~'on Jaymes, born July 12, 1982, ami Clayton Jaymes, bom February 22, 1986. 4. Cl~ytOll J~lll~ iS the ~ ~t ~ in the w~thln P~tiOI1 for Modif~c~on of Custody. 5. An Order of Court w~s entered on December 15, 1994, in the Court of Common Ple~s of Humingdon Caumy, Pen~jlvan~ providing Respondent with prim~ cu~ody of the pa~ies' children, a copy of which is attached hereto and incorporated he.in by reference as Exhibit "A". 6. Said:Order of Com~ was emerad into tim Cumberland County Court of Common Pleas by Peti6oner on August 13, 2001, a copy of which Praecip~ is attached hereto and incorporated herein by reference as Exhibi~ "B". 7. In the Summer of 1995, Respondent proposed changing the custody arransements of the child, Clayton James.__. to include Petitioner retaining custody of the child for not Petilioner remmin8 the ch~d to Pennsylvania durin~ the Christmas holiday break in the NAME' ADDRESS DATE Von;R. Steph~e ~ymes BrY0n Jaymes Clayton Jaymes HCR 62, Box 68 Heel-/ton, PA 1/96 to 6/96 S~uy Coo~ rya~ CooPer C~on Bryon ~aynies 2329 W'mdy Drive ~ Bend, NC Mary Cooper Bryan Cooper Clal~,on Jaymes Von;R. Jaymes Stephanie li~ymes Bry0n laymes 2329 W'mdy Drive HCR 62, Box 68 Neelyton, PA 8/96to1~$/96 I~5/96to6/97 Mary Cooper Bryn, Cooper Claytou Saymes Bryon layings 2329 !lFmdy Drive East B~ NC 6/97 to 8/97 Mary Cooper Bryan Cooper Clayton Jaymes 2329 tlrmdy Drive East Bemi, NC 8/97 to 12~25/97 3 Clayton Na.thanid ~ Coop~ Clayton Jaym~ VonR. Bryon Jaymes Nathanid J~ymes VonR. Jaymes Stephanie Jaymes Bry0n Jaymes Clayton jaymes Clayton Jaymes VOnR. Jaymes Ste~han/e Jaymes Brycm Jaymes Clayton Jaymes Nathan/el Jaymes Mary Cooper Clayton Saymes ADDl~SS 83o Ridge Road Carlisle, PA 2329 W'm~ Driv~ ~.a~t send, NC 830 Ridge Road Carlisle, PA 12329 W'mdy Drive East Bend. NC 830 Ridge Road Carlisle, PA 2110 Hollyroed Street W'mston*Salem, NC 830 Ridge Road Carlisle, PA 2110 Hollyrood Street W'm~ton-S~lenL NC DATE 12/25/97 to 6~8 to 12/25/98 12/25/98 to 6/99 6/99 to 12/25199 12/25/99 to 12/25/00 to 7/5/01 715/01 to Present 4 Order of CoUrt entered refle~tin8 the current custody arrangements. 10. Petli~anen- has on ~ o~asions requested that Respondent si~n a Custody Stip6d~ion and Agreement which wa~ prepared and forwarded to him reflecting the current cuatody arrang~t~, but Respondent ha~ ~ailed nnd refused to ~ aaid 11. l~ as otherwise stated above, P~-titione~ has not participated a~ & party or witness, or i~ a~y otl~- ~ in other litigation, concer~in~ custody of the child. 12. Exee~ aa othe~se sta~ed above, Petitioner ha~no information of any other custody proet~din8 concerning the child pending in any Court ofthls Commonwealth. 1~. P~i~iloner doe~ not know of any person not a party to the proceed~ who clain~ to hav~ ~ustody ~r vi~tion ~ with resp~t to the child. WHEREFORE, Plaintiff requests your Honorable Cour~ to schedule a Custody Condliaa'on Conference, a~ which time an Order of Court can be emered reflecting the status quo custody arran~emems of the child, Clayton ~aymes. I verify~that th~ ~a~em~t, made in tho for~o/n~ doom~nt ar~ true and ~orr~. ! umletstm~ th~_~ f~l~e statements her~/n am made ~.~bje~t to tl~ penalties of lg Pa.C.S. Section 4904, mlafin8 to ~_~-__~wom falsitlcafion to authorities. DA~E: TOTAL P.09 MARY COOPER PLAINTIFF VON R. JAYMES DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 014767 CIVIL ACTION LAW 1N CUSTODY 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 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. 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 aH 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. Gilrov. Esa. 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 pF:.NNSYD,~ANIA 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 year 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 parents of the child, Clayton Jaymes, (hereinafter referred to as "child"), bom February 22, 1986; and WHEREAS, the parties have shared physical custody of the child for approximately ~ years anowing 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 share physical custody by Mother retaining custody of the child for the period from the first day of July each year 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 1 of that year. 4. During the Christmas/New Year's holiday season, it is understood that every other year Father shall have the child from late in the ai~ernoon on Christmas Eve, at a time to be agreed upon by the parties, until early at~emoon 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 Carolina 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 pa~. Each parent shall be flexible in this regard. 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 aider the child's 18th birthday and shall not be affected by his reaching the age of adulthood. 7. In recognition of the child's physical/mental medical condition, under no circumstances shall either party allow the child to be lei~ unattended or unsupervised for any reason or for any period of time. 8. The parties shall alternate claiming the child as a dependant 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 years 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 emergancy 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 pa~ies, or injure the opinion of the child as to the other parties, or which may hampe~ 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 A~reement. 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 band~ conceaLment, overreaching, coercion, or other unfair dealing on the part of the other. 15. 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: MAi~Y I~C~OP~ YON P~. IAYIVI~ STATE OF NORTH CAROLINA COUNTY OF On this the ]o~ ~day of ~F~.~ ,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 seal. COMMONWEALTH OF PENNSYLVANIA: : COUNTY OF CUMBERLAND : On this the ~ day of ~~ , 2002, before me, the undersigned officer, personally appeared 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. 20041 MARY COOPER, Plaintiff VS. VON R. JAYMES, Defendant, IN THE COURT OF COMMON PLEAS OF 0~) CUMBF. RL~ co~rrY, PENNSYLV~ 2 0 Z0 CIVIL ACTION - LAW NO. 01-4767 CIVIL TERM IN CUSTODY AND NOW, this 2Z- day of ~ , 2002, IT IS HEREBY ORDERED AND DECREED that the within Custody Stipulation and Agreement shall be made an Order of Court.