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HomeMy WebLinkAbout01-4824SHERRY K. McCLEAF, Plaintiff/Petitioner VS. JASON SHINDLEDECKER Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Civil Action - Custody CUSTODY AGREEMENT AND NOW, this day of C ,2001 come the parties, Sherry K. McCleaf and Jason ShindIedecker, requests that this Honorable Court enter the attached Order for the following reasons: WHEREAS, Jason Shindledecker, (hereinafter referred to as "FATHER") and Sherry K. McCleaf, (hereinafter referred to as "MOTHER") are the natural parents of Jason M. Shindledecker (DOB 10/10/94); and WHEREAS, FATHER and MOTHER desire to make arrangements for the custody and visitation of the said minor child; and, WHEREAS, both parties have been advised by counsel or have had the opportunity to be advised by counsel; and, WHEREAS, the parties intend to submit this Custody Agreement to the Court of appropriate jurisdiction for incorporation and merger into a Court Order approving said Agreement; NOW, THEREFORE, it is hereby stipulated and agreed as follows: 1. The Petitioner, SHERRY K. McCLEAF, is an adult individual residing at 9 Chestnut Grove Road, Shippensburg, Cumberland County, Pennsylvania. Document # 1948331 2. The Respondent, JASON SH1NDLEDECKER, is an adult individual residing at P.O. Box 202, Dry Run, Franklin County, Pennsylvania 17220. 3. For the past five (5) years, the minor child has resided with the following persons at the following addresses: Name Sherry K. McCleaf Sherry K. McCleaf Jason Shindledecker Jason Shindledecker Ad&ess 158 Neil Road Shippensburg, PA 9 Chestnut Grove Road Shippensburg, PA 158 Neil Road Shippensburg, PA P.O. Box 202 Dry Run, PA Dates 8/95 to 7/01 7/01 to present 8/95 to 4/01 4/01 to present 5. The Mother of the child is Sherry K. McCleaf, who resides at 9 Chestnut Grove Road, Shippensburg, Pennsylvania. She is not married. 6. The Father of the child is Jason Shindledecker, who resides at P.O. Box 202, Dry Run, Franklin County, Pennsylvania 17013. He is not married. 7. The relationship of Petitioner to the minor child is that of Mother. Petitioner currently resides with the following persons. Name Relationship Jason Shindledecker son Dillion McCleaf son 8. The relationship of Respondent to the minor child is that of Father. Respondent currently resides with the following persons: Document ti: 194833.1 Name Relationship Rachel Vaughn Sister 9. JASON M. SHINDLEDECKER is presently in the custody of SHERRY K. McCLEAF, who resides at 9 Chestnut Grove Road, Shippensburg, Pennsylvania. 10. MOTHER shall have majority physical custody of the minor child, and FATHER shall have partial physical custody. 11. Both FATHER and MOTHER will have shared legal custody of JASON M. SHINDLEDECKER. 12. Partial physical custody by FATHER will be at such dates and times as agreed by the parties. In the event the parties cannot reach an agreement, partial physical custody by FATHER will be on alternating weekends from Saturday at 9:00 a.m. through Sunday at 6:00 p.m. 13. The parties shall alternate New Year's Day, Easter Sunday, Memorial Day, Fourth of July, and Labor Day from year to year. In 2001 and odd numbered years thereafter FATHER shall have Easter Sunday, Fourth of July and MOTHER shall have New Year's Day, Memorial Day and Labor Day. In the year 2002 and even numbered years thereafter FATHER shall have New Year's Day, Memorial Day and Labor Day and MOTHER shall have Easter Sunday, and Fourth of July. Unless otherwise agreed between the parties, the holiday partial custody shall commence at 9:00 a.m. and shall end at 9:00 p.m. 14. MOTHER shall have Mother's Day and FATHER shall have Father's Day. This provision shall supersede all other custody provisions. Unless otherwise agreed the period of partial custody will commence at 9:00 a.m. and end at 9:00 p.m. Document #: 194833.1 15. The parties shall divide Christmas vacation as follows: The period of time from December 24 at 2:00 p.m. through December 25 at 2:00 p.m. shall be identified as Segment A. The period of time from December 25 at 2:00 p.m. to December 26 at 8:00 p.m. shall be identified as Segment B. MOTHER and FATHER shall alternate Segment A and B with MOTHER having segment A on 2001 and every odd numbered year thereafter and FATHER having segment B on 2001 and every even numbered year thereafter. This provision shall supersede all other custody provisions. 16. The parties shall divide Thanksgiving Day as follows: The period of time from the day before Thanksgiving at 2:00 p.m. through Thanksgiving Day at 2:00 p.m. shall be identified as Segment A. The period of time from Thanksgiving Day at 2:00 p.m. to the day after Thanksgiving at 8:00 p.m. shall be identified as Segment B. MOTHER and FATHER shall alternate Segment A and B with MOTHER having Segment A on 2001 and every odd numbered year thereafter and FATHER having segment B on 2001 and every even numbered year thereafter. This provision shall supersede all other custody provisions. 17. Pennsylvania with the child without first obtaining the written consent of the other parent or obtaining a Court Order permitting such move. 18. FATHER is entitled to up to three (3) weeks of vacation each year. Each parent must provide to the other advance written notice of their intent to exercise those weeks with a thirty (30) day advance notice. The parties agree that neither will attempt to move from the Commonwealth of Document #: 194833.1 19. Both parties shall permit liberal telephone calls to the minor child from the non- custodial parent. 20. The parties agree to cooperate with one another in the implementation of the aforesaid Agreement and understand and agree that other changes or modifications in the aforesaid schedule and/or times specified may be necessary to enable both parents to continue to foster and develop a good and healthy relationship with the children. To that end, the parties agree to cooperate with one another to encourage the relationship of the children with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the children's relationship with either parent. 21. Upon the knowledge of pending relocation, temporary or permanent, of either parent, each parent must immediately inform the other of his/her new address and telephone number. 22. Both parties shall utilize child restraint seats and seat belts while transporting the child by automobile. 23. This Agreement shall be effective immediately upon signature by both parties and its validity is not contingent upon Court approval. Date:~ Sherry K.~IcCleaf, Plaintift¢/ yon Shindl'~lecker, Defendant Dt~'umenl ii. 194833.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF O_a~ O eu- lcfii SS Personally appeared before me, a notary public in and for said Commonwealth and County, the undersigned, Sherry K. McCleaf, Plaintiff, who, being duly sworn according to law, deposes and says that she is the MOTHER and that the facts set forth in the within Custody Agreement are true and correct to the best of her knowledge, information, and beliefi Sworn to and subscribed before me this D day of 0d~v ~o~- ,2001. Notary Public · ' NOTARIAL SEAL DEBORAH WARREN, Notary Public ! I shippensburg, Cumberland County Sherry K./McCleaf. Plain~i~-u Doc~ment it.. 207729.1 COMMONWEALTHOF ~)e r~ tm. COUNTY OF ~t~rnD~--IoaD SS Personally appeared before me, a notary public in and for said Commonwealth and County, the undersigned, Jason Shindledecker, Defendant, who, being duly sworn according to law, deposes and says that he is the FATHER and that the facts set forth in the within Custody Agreement are tree and correct to the best of his knowledge, information, and belief. Swom to and subscribed before me this '-I day of ,200]. Notary Public / o~n ~indle'O'~cker, DXe fendant WARREN, Nota~ ~umc t ~ My ~mm~s~on cxp,,~ · Document #: 207729.1 SHERRY K. McCLEAF, Plaintiff/Petitioner VS. JASON SHINDLEDECKER Defendant/Respondent 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ~/~ 2//~.~ Civil Action - Custody CONSENT ORDER PURSUANT TO PA.R.C.P. NO. 1915.7 AND NOW, this "~ day of ~~~, 001, upon review and consideration of the Custody Agreement of the parties hereto, a copy of which is attached hereto, said Agreement is hereby APPROVED, ADOPTED, MERGED and INCORPORATED herein as the Order of this Court. Steven C. Courtney, Esquire Jason Shindledecker BY THE COU~ Document #.. 207729.1