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HomeMy WebLinkAbout01-2097 PAMELA D. SMYSER, ' IN THE COURT OF COMMON PLEAS Plaintiff i CUMBERLAND CO., PENNSYLVANIA · NO. JOHN J. SMYSER, ' Defendant ' CIVIL ACTION_ LAW · CUSTODY STIP~ATION OF CUSTODY AND NOW this ~t( day of_~~ ., 2001, the parties, Pamela D. Smyser and counsel, Debra Denison Cantor, Esquire and John J. Smyser and counsel, Phillip Spare, Esquire and file the following Stipulation regarding custody, after due consideration of the best interest of their children; and, WHEREAS, the parties are the natural parents of two minor children, namely Codie J. Smyser, date of birth, ~2-22-94 and Tyler J. Smyser date of birth 7-13-96; WHEREAS, the parties wish to establish a custodial arrangement that is in the best interest of their children; WHEREAS, the parties intend for this Stipulation to be entered as an order of Court; THEREFORE, inconsideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 1. kegal Custody: The parties agree to shared legal custody of the said minor children. The parties agree that major decisions concerning the chi/dren, including, but not necessari/y limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's fights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Physical Custod_y: Mother shall exercise primary physical custody of the minor children. 3. Father shall have partial custody of the children as the parties agree as follows: (a) Alternating weekends from Friday at 6:00p.m. to Sunday at 12:00 p.m. (b) Each Thursday from 5:00 p.m. until 8:00 p.m. (c) Holidays. The parties shall alternate New Year's Day, Easter, Memorial .-~',~ tq.Z,~Day, Fourth of~tuly, and Labor Da. 'i~/~ ~ ~a~-~, . _ y, from 8:00 a.m. until 6'00 p.m. with '" ~,,~,,,g_ having Easter in 2001 and alternating thereafter. (d) Thanksgiving day from 3'00 p.m. until 9:00 p.m. However, in the event that Father must work that evening, he will return the children to Mother prior to going to work. (e) Christmas Day from 2:00 p.m. until 9:00 p.m. However, if Father must work on that day, he will return the children to Mother prior to going to work. (d) All other times as the parties agree. 4. Transportation. The parties agree that transportation to and from their residences shall be shared, the details of' which can be agreed upon by the parties. $. Travel: In the event that either parent intends to take the minor children more than 120 miles from Harrisburg, Pennsylvania, each parent agrees to provide the other with the children's location and provide a telephone number for contact, if'possible. 6. Al_qcohol and Drugs. During any period of' custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of' intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 11. ~: In the event of either party's death or significant and long-term disability rendering the person incapable of caring for the child/(ren), then custody shall automatically vest in the other party. 12. : Both Father and Mother must keep each other informed of any changes of address or change of telephone number. Any changes in address or telephone number shall be immediately forwarded to the other party. 13. Notice of Whereabouts/Illness: Each party agrees to keep the other reasonably informed about the whereabouts of the children while with the other party. If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of either of the children, he or she shall promptly notify the other party of said circumstances. 14. Tele hone Contact with Children' Both parties shall have the fight to reasonable telephone contact with the children during the other party's period of custody/visitation. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable effects to promptly return telephone calls or messages left by the other party regarding the children. 15. Disparaging Remarks. Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the children. Such as those that might tend to alienate the affections of the children toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent int he presence of the children. 16. Su ercedes of Prior Court Orders: This Stipulation shall be entered as a court order. This Stipulation shall supersede all prior Court Orders, Stipulations or Agreements. 16. Modification: Any of the provisions of this Agreement may be modified or deleted upon mutual consent/agreement of both parties or upon Petition to the Court for Modification. WHEREFORE, the parties intending to be legally bound thereby, and with the desire that this Agreement be entered as an order of court at the request of either party, hereby set their hand and seals and on the date first written above. PAMELA D. SMYSER, ' IN THE COURT OF COMMON PLEAS Plaintiff ' CUMBERLAND CO. PENNSYLVANIA · , JOHN J. SMYSER, ' CIVIL ACTION- LAW Defendant ' CUSTODY , , · · '. .:. · ... ORDER ...... AND NOW, this II~ ~ '"~ .... day of_ 2001 the Stipulation attached hereto as Exhibit "A" is hereby entered as an Order of Court. BY THE