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HomeMy WebLinkAbout04-3612 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA F ALINA L. JUMPER, Plaintiff, No. .(')4-_1/..0,_ CL"uLL~~ v. Civil Action - Custody AARON D. SMITH, Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Palina L. Jumper., residing at 2 Whitebirch Lane, Mechanicsburg 17050, in the County of Cumberland, Commonwealth of Pennsylvania, 2. The defendant is Aaron D. Smith, currently residing at 205 Shawnee Ave. Dover, P A. 17315 in the County ofY ork. 3. Plaintiff seeks custody of the following child: Name Address Relationship Isaiah K.Smith same as mother's Son 4. The child was born within outside of wedlock. 5. The child is presently in the custody of Palina L. Jumper, who resides at 2 Whitebirch Lane, Mechanicsburg 6. During the last 31/2 months the child has resided with the Mother at 2 Whitebirch Lane, Mechanicsburg 17050, in the County of Cumberland, Commonwealth of Pennsylvania, 7. The biological mother of the child is Falina Jumper, currently 2 Whitebirch Lane, Mechanicsburg17050, in the County of Cumberland, Commonwealth of Pennsylvania, 8. The mother has been separated from the father, and is currently unmarried to the same. 9. The father of the child is Aaron D. Smith and is currenllly residing 205 Shawnee Ave. Dover, PA. 17315 in the County of York. 10. The father is separated and umnarried to the mother. II. The relationship of the plaintiff to the child is that of a biological Mother. The Plaintiff currently resides with the following persons: Name Isaiah K. Smith Relationship Son 12. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 13. The plaintiff has no other information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 14. Plaintiff does not know of a person not a party to the proceedings who has physical Custody of the child or claims to have custody or visitation rights with respect to the child. 15. The best interest and permanent welfare of the child will be served by Granting the relief requested because: (a) The child currently resides with the mother within which the child has grown accustomed and wherein he feels a sense of comfort, permanency, and familiarity. (a) Plaintiff, believes and therefore avers that she can continue to provide a predictable and stable lifestyle for which, which willl be in the best interest of the child during his formative years and throughout his life. WHEREFORE, Plaintiff, Falina L. Jumper, respectfully requests for the aforementioned reasons, that the court grant and award h'~r primary physical custody of the child. Dated: 7 /IL/ JOL{ , I' I VERIFICATION I verify that the statements made in this Complaint 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:~ -,;J It:. ......... ~ Crt - ~ 0~ If ~ () 8 t i rP ~ r G'- ~ ~ ~~ p ....., L~ 0 C::J ~- -., c_ :~ (.... nll~ r-- r.) (::i <.-) :? S'~) , --c, , \~ -) L ., , n :Cl (,,) :-'- -~ U1 :'J {..} .< ..... "- ..c:: - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA FAUNA L. JUMPER, Plaintiff, v. No. .o~ -3le.1'J-....(?;{.~C-r~ AARON D. SMITH, Defendant Civil Actiion - Custody STIPlTI ,A TTON FOR F:NTRV OF AN AGRF:FJl ORDF:R OF ClTSTODV THIS STIPULATION AND AGREEMENT entered into this I' ..,.h , day of 1"(1. A) e 2004, by and between, Falina L. Jumper (hereinafter referred to as ("Mother") and Aaron D. Smith (hereinafter refereed to as "Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother and Father are the natural parents of the following child, by the name of Isaiah K. Smith, (hereinafter referred to as"Child"), and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the children. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: This agreement shall replace and supersede any other Orders or Agreements heretofore entered into by and between the parties to this agreement. 1. The mother shall have PRIMARY PHYSICAL CUSTODY of the child. 2. The parties shall have FULL LEGAL CUSTODY. 3. The father shall have PARTIAL PHYSICAL CUSTODY of the child, which shall consist of the following schedule as hereinafter outlined. (a) Father shall be entitled to have custody of the Child 011 Wednesday of every week during either the day or the evening hours and shall return th(: child to mother the same day or evemng. (b) When the child reaches the age of two (2) years, the father shall have custody of the child every other weekend to commence Friday and end on Sunday of the same weekend. (c) Father shall provide all forms of transportation relative to his periods of custody. (d) Mother shall have custody of the children at all other times that the children are not in father's custody as outlined above. (e) The parties shall share the holidays as they may decide: as between them relative to their respective periods of custody with the child. (f) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agre(:ment, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the partil~s. . . (g) The modification of this agreement by mutual consent of the parties may be rescinded by either party at any time and the rescinding party can insist that the original terms, conditions and restrictions of this agreement shall be adhered to as provided for herein. (h) The parties hereto intend to be legally bound by the terms ofthis agreement. (i) The parties shall not take the child outside of the Commonwealth of Pennsylvania except to the extent of periods of vacation with the child. Each par~v shall provide to the non-custodial parent the name, address, and telephone number( s) where the custodial party may be reached if they are outside 0 f the Commonwealth for vacation purposes. Dated: 7/ t:J J C!! ' I GREGORY S. HAZLETT AITORN"EY AT LAW . . IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set fo their hands and seals the day and year herein set forth. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : s.s 1C) S - (08 -c1l~CJ BE IT REMEMBERED, that on this , l." day of, M ill L , 2004 personally appeared before me the Subscriber, a Notary Public for the State and County aforesaid, Falina L. Jumper party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. Sworn to and subscribed before me the day, month and year aforesaid fIJ;_.'-_...''''...]..... ; "~~~~th I ' Q.. - r .&i*iOltat.2Illl5 ,_,'1,.f]?,.;"~,...,.,....",,.."'_ IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set ~r h1~'4 ~th~ ~y ~ear herein set forth. Aaron D. Smith COMMONWEALTH OF PENNSYL VANIA COUNTY OF f1, ,....b:,..-I..-----l BE IT REMEMBERED, that on this I ~ ..w. : s.s c9o:> ~ G.a&..,,\ , day of, ~ \una , 2004 personally appeared before me the Subscriber, a Notary Public for the State and County aforesaid, Aaron D. Smith party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. Sworn to and subscribed before me the day, month and year aforesaid ~>=U:;.':'1;,'..F" N_~ a;<<1- IImRIM.Sl!M. ,~. _.LIlQB,~'li'3 IiIIr . '8)-'OlIIWIdOi o .. AElljBsOl:t.II._ .....' c,_l c:~) ~- ( c:::: ,- N <..:l ~"I, :::! t"~ ~I1 ,n y C) -'n n ') ,.,i (.>.'" " C;l c....:.' (j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA FALINA L. JUMPER, Plaintiff, No. 6q_~L~~ v. Civil Action - Custody AARON D. SMITH, Defendant ORDER OF COURT AND NOW, this 3b~ , day Of~' 2004 upon presentation of the foregoing Stipulation For Entry of an Agreed Order of Custody, executed by and between Falina L. Jumper, (mother) and Aaron D. Smith (father) relative to the custody of the child: Isaiah K. Smith (hereinafter referred to as children} IT IS ORDERED THAT: (a) This agreement shall replace all any and all other previous Ord,ers issued by this or any other Court relating to the Custody of the aforementioned child. I. The mother shall have PRIMARY PHYSICAL CUSTODY ofthe child. 2. The parties shall have SHARED LEGAL CUSTODY. 3. The father shall have PARTIAL PHYSICAL CUSTODY of the child, which shall consist of the following schedule as hereinafter outlined. (a) Father shall be entitled to have custody of the Child 011 Wednesday of every week during either the day or the evening hours and shall return the child to mother the same day or evening. (b) When the child reaches the age of two (2) years, the father shall have custody of the child every other weekend to commence Friday and end on Sunday of the same weekend. (c) Father shall provide all forms of transportation relative to his periods of custody. (d) Mother shall have custody of the children at all other times that the children are not in father's custody as outlined above. (e) The parties shall share the holidays as they may decide as between them relative to their respective periods of custody with the child. (f) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (g) The modification of this agreement by mutual consent of the parties may be rescinded by either party at any time and the rescinding party can insist that the original terms, conditions and restrictions of this agreement shall be adhered to as provided for herein. (h) The parties hereto intend to be legally bound by the terms of this agreement. (i) The parties shall not take the child outside of the Commonwealth of Pennsylvania except to the extent of periods of vacation with the child. Each party sha.ll provide to the non-custodial parent the name, address, and telephone number(s) where the custodial party may be reached if they are outside of the Commonwealth for vacation purposes. Dated: 11 >40 " 1~.)o'6t{ ~~ /I~L J. \,f\t~"i1\1,'-r.:5;--\N3d }J.NGO'J Qi:'{')~?C\V'l("\:) g'l :S \->\~ O~ l\\("1nU1. )"olJl.ONQ'rIlOdd 3'r\1. ~O 3~Bjo-G:l18 / ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAUNA L. JUMPER, NO. 04-3612 CIVIL TERM Plaintiff VS. CIVIL ACTION - LAW AARON D. SMITH, Defendant CUSTODY STIPULATED AGREEMENT THIS AGREEMENT made this ~day of ~hf',^C4.lu.A , 200$ by and between FAUNA L. JUMPER of 2 White Birch Lane, Mechanicsburg, PA 1"050, (hereinafter referred to as "Mother") and AARON D. SMITH of 205 Shawnee Ave., Dover, PA 17315, (hereinafter referred to as "Father") pertain ing to the parties child, ISAIAH K. SMITH born September 4, 2003 (hereinafter referred to as "the Child"). WITNESSETH WHEREAS, the parties are the natural parents of the Child; and WHEREAS, an Order of Court dated July 30, 2004 was entered in the above captioned custody action providing for the custodial arrangements between the parties regarding the Child; and WHEREAS, an Order of Court dated April 27, 2005 was entered in the Cumberland County child support action docketed to 00168 S 2005, Pacses No. 469107154 in which action Father is required to pay $522.00 per month in child support for the Child, allocated $500 in current support and $22 on account of arrears; and WHEREAS, the parties are desirous to enter into an agreement pertaining to the support, custody and parental rights of the Child. NOW, THEREFORE, in consideration of the premises and mutual promises hereinafter set forth and in further consideration of the best interests of the Child, the parties hereto, each intending to be legally bound hereby, do covenant and agree as follows: 1. Mother shall have sole physical and legal custody of the Child. 2. Father hereby waives all rights to legal and physical custody of the Child and all said rights shall be, and are hereby, immediately terminated including, but not limited to, Father's - 1 - .. > rights of partial physical custody set forth in the Order of Court dated July 30, 2005 entered in the above matter. 3. Provided that Father does not hereafter obtain any rights to have physical or legal custody of the Child, then Mother shall and does hereby waives all future right to claim and receive child support for the Child and Wife shall not be entitled to seek nor receive any future support for the Child from Father. Mother further shall suspend her aforesaid support action docketed to 00168 S 2005, Pacses No. 469107154. The foregoing notwithstanding, Father shall still be obligation to pay the child support arrears existing as of the date of this Agreement, and the same shall be collectable in such installments as may be deemed appropriate by Domestic Relations and/or by way of interception of Father's income tax refund, if any. 4. In the event Father ever seeks and/or obtains any right to have legal and/or physical custody of the Child, and such event is not preceded by Mother's seeking or obtaining child support from Father, then in such event the following shall apply: A. The suspension of the August 27, 2005 Support Order entered in the Cumberland County Support action docketed to 00168 S 2005, Pacses No. 469107154, shall be lifted, and said Support Order shall be reinstated effective and retroactive to the date of this Agreement. B. At either party's request, the reinstated Support Order may be reviewed and modified in accordance with the then existing support guidelines. C. The support arrears determined as a result of the reinstatement shall be immediately due and payable and collectible under any procedure allowed by law as well as by any method permitted under the Domestic Relations Law as it currently exists or as hereinafter enacted or amended. 5. In the event Mother ever seeks and/or obtains child support for the Child from Father, and such event is not preceded by Father's seeking or obtaining custody rights of the Child, then in such event the following shall apply: A. The suspension of the August 27, 2005 Support Order entered in the Cumberland County Support action docketed to 00168 S 2005, Pacses No. 469107154, shall be lifted, and said Support Order shall be reinstated effective and retroactive to the date of the request for the lifting of the suspension and not to the date of this Agreement. B. At either party's request, the reinstated Support Order may be reviewed and - 2- ..~ .~. modified in accordance with the then existing support guidelines. C. The support arrears determined as a result of the reinstatement shall be immediately due and payable and collectible under any procedure allowed by law as well as by any method permitted under the Domestic Relations Law as it currently exists or as hereinafter enacted or amended. D. Father shall have the right to seek and obtain custodial and parental rights with and of the Child the same as if this Agreement has not been entered into by the parties. 6. All of Father's parental rights to the Child are hereby terminated and voluntarily relinquished. Upon Mother's request, Father will execute and deliver any and all documents and participate in any proceedings required by Mother to confirm said voluntary relinquishment and termination of rights in any court of law and to consent to the adoption of the Child by any person designated by Mother. If Father refuses to execute said documents, then the child support provisions of subparagraphs 4.A through 4.C. shall apply the same as if said provisions were fully set forth herein at length. 7. Father does hereby and shall hereafter consent to any change of name for the Child requested by Mother and shall execute any and all documents necessary to effectuate the same, including but not limited to any documents required by the court or by the Vital Statistics Office of the Commonwealth of Pennsylvania. 8. At the request of either party, the terms of this Stipulated Agreement shall be entered as a Consent Order of Court in any court having jurisdiction over the matters governed by this Stipulated Agreement and shall remain in effect unless modified by further order of court, the parties specifically authorizing that court to enter an Order incorporating the terms hereof. IN WITNESS W:-IEREOF, the parties have hereunto set their hands and seals the d3Y and year below written. SS: ( __,I 1 )~fAL) ~B~r.~- (SEAL) Dated: . SMITH Dated: 1/3/o~ . I - 3 - (--_1 ,n) ., ~~ ::1::1 CJ ..~,- C.J'i r~_) co ~ECEIVED FEe ,,,'ON j .., ".. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAUNA L. JUMPER, NO. 04-3612 CIVIL TERM Plaintiff VS. CIVIL ACTION - LAW AARON D. SMITH, Defendant CUSTODY ORDER AND NOW, this 11X:-ay of F~ ' 2006, upon consideration of the within Stipulated Agreement, IT IS HEREBY 0 ERED AND DECREED that the terms of the parties' Stipulated Agreement are hereby incorporated hereto the same as of fully set forth herein at length, and adopted and entered as an Order of this Court. J. D!str~but!on to: Defendant Pro Se: Aaron D. Smith, 205 Shawnee Ave., Dover, PA 17315 j -)(-0" (!~1'~ J.t; Plaintiff: Falina L. Jumper, 2 White Birch Lane, Mechanicsburg, PA 17050 i 0 oS: I. 1_, c" ~ d~1 j ;d :lHl :JD ':',; cr:nu -