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HomeMy WebLinkAbout01-3564 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA JU. N" ~i "'00" tvJ7 v ~.I.J L JI'Y Tammy R. Sharpe, Civil Action - Law Plaintiff vs. No. - 0/- .2S~ V Co:l '-r~ John W. Sharpe, 1/, Defendant In Custody ORDER OF COURT - j );.9- 4. () , 200_, the within Stipulation having been presented, read, considered and ordered to be filed, it is hereby ordered that lohn W. Sharpe, II, hereinafter Father, and Tammy R. Sharpe, hereinafter Mother, are awarded joint legal custody of Cameron Rhea Sharpe, born April 24, 1999. Mother and Father agree to discuss important issues regarding the child's educational, social, spiritual, emotional and material needs. Each parent will receive all pertinent information and reports concerning the child's welfare as may be generated by educational, medical, psychological and other professionals who may work with the child or with either parent on behalf of the child. Each parent, as any report or record is received, shall provide a copy to the other within five (5) days of receipt of said report or record. Mother and Father shall have shared residential custody which shall be exercised as follows: 1. Mother shall have primary residential custody of the child, subject nevertheless to Father's partial custody on two evenings every week from 5:00 P.M. to 8:00 A.M. the following morning. The evenings of Father's partial custody shall coincide with evening that Mother's working second shift. Mother shall notify Father of two evenings that she will be working at least one week in advance for the following week. - Tammy R. Sharpe, Civil Action - Law Plaintiff vs. No. - John W. Sharpe, II, Defendant In Custody 2. Commencing Friday, June 1,2001, at 7:00 P.M., Father shall have the child until Sunday, June 3, 2001, at 7:00 P.M. and alternate weekends thereafter. Mother shall have the child on the opposite weekend. 3. The parent who is going to commence custody shall be responsible for the transportation at that time unless the child would otherwise need to be delivered to a child care provider, which shall be the responsibility of the parent then having the child. 4. Holiday Custody. The parents shall share holidays by mutual agreement. The parties intend to equally divide the holiday itself with alternating the first half or second half of the day. 5. The specific schedule for Thanksgiving, Christmas Eve, Christmas Day, New Years, 4th of July and Easter is as follows: A. Commencing with Thanksgiving, 2001, the child will be with Mother from 8:00 A.M. on Thanksgiving until 3:00 P.M., with Father from 3:00 P.M. until 11 :00 P.M. and every odd year thereafter. In even years the schedule will be reversed. B. Mother shall have the child from 8:00 A.M. on Christmas Eve, 2001 until 5:00 P.M.; Father shall have the child from 5:00 P.M. On Christmas Eve until 3:00 P.M. on Christmas Day. Mother shall have the child from 3:00 P.M. on Christmas Day until 11 :00 P.M. on Christmas and every odd year thereafter. In even years, the schedule shall be reversed. New Years and New Year's Eve will follow the exact same schedule, beginning, however, with Father exercising the 8:00 A.M. to 5:00 P.M. in odd years on New Years Eve. Tammy R. Sharpe, Civil Action - Law Plaintiff vs. No. - John W. Sharpe, II, Defendant In Custody C. Father shall have the child from 8:00 A.M. on Easter until 3:00 P.M. and every even year thereafter. Mother shall have the child from 3:00 P.M. until 11 :00 P.M. On Easter Sunday. This schedule will be reversed in odd years. D. Father shall always have the child on Father's Day from 8:00 A.M. until 8:00 P.M. Mother shall always have the child on Mother's Day from 8:00 A.M. until 8:00 P.M. E. The parents shall endeavor to work out a suitable schedule so that each parent shall have the child from 8:00 A.M. until 8:00 P.M. on their birthdays. F. The parents shall endeavor to work out a suitable schedule so that each parent shall have the child not less than three hours on her birthday. G. Father shall have the child from 8:00 A.M. on the 4th of July until 3:00 P.M. and every odd year thereafter. Mother shall have the child from 3:00 P.M. until 11 :00 P.M. on the 4th of July. This schedule will be reversed in even years. H. Holiday custody shall take precedence over regular custody as set forth above. 6. During the school summer vacation, said school summer vacation being deemed to commence with the first Friday following the last day the child is required to attend school and ending the Friday prior to school starting, Mother and Father shall alternate custody every two weeks. Commencing June 8,2001 at 8:00 A.M. until June 22, 2001 at 8:00 A.M. Mother shall have custody of the child and alternate two week periods thereafter. Commencing June 22, 2001 at 8:00 A.M. until July 6,2001 Father shall have custody of the child and alternate two weeks periods thereafter. Tammy R. Sharpe, Civil Action - Law Plaintiff vs. No. John W. Sharpe, II, Defendant In Custody 7. At any time Mother or Father are to be exercising custody of the child and the party is required to work or a prior engagement, that party will offer the Mother or Father that time with the child before obtaining a babysitter. 8. Father shall exercise such other partial custody as both the parties agree from time to time. 9. Both parties shall provide each other with current addresses and phone numbers for emergency purposes. During any period of travel, each parent shall notify the other parent of the prospective trip and time of leaving and returning, and emergency numbers where the parent can be reached in the event of the necessity of contacting that parent for emergency purposes. 10. Mother and Father shall assure the child of the love of each parent and refrain from any negative comments in front of the child and to communicate with one another directly instead of using the child for communication. They further shall provide a reasonable and predictable daily routine for meals, sleep and play activities. They further shall require that all extended family members support this agreement and respect and support each parent in the presence or hearing of the child. By the Court, l ,.f ../ ~. '.J::,~~/{./l--' .. . L -""".'. COfY"....~-~C --1-0 IU~ ~ou.vsec( Copy ,-ncLl Cu(..,bD~ ~/JlI/O( ~ \-j; 1< ';// \l}_~~' \,: ~<; d Ali'.Jr~(~(" ...,... " t: :~ ::J I P' ; v d: it - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY - PENNSYLVANIA Tammy R. Sharpe, Civil Action - Law Plaintiff vs. - .--'-- NO.l7/- 3 S'(,<f ~ I~ John W. Sharpe, II, Defendant In Custody STIPULATION AND AGREEMENT OF THE PARTIES This Stipulation and Agreement is made by and between Tammy R. Sharpe of 301 Hollar Avenue, Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as Mother, and John W. Sharpe, " of 103 North Penn Street, Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as Father. 1. Father and Mother are the natural parents of Cameron Rhea Sharpe, age 2, born April 24, 1999. The child was born in wedlock, the parties having been married on February 14, 1998 in Shippensburg, Cumberland County, Pennsylvania. 2. The parties are living separate and apart and desire to settle and determine the custody and care of their minor child. 3. Neither party has participated as a party in any other litigation concerning the custody of the child except for the instant action. - 4. Neither of the parties has any information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other jurisdiction, nor do they know of any party who claims to have a right to the custody of the child or has physical possession of the child. 5. From birth until present, the child have resided with the following persons and at the following addresses: A. With both Mother and Father and Mother's son, Brian Ferry, at 3462 Wayne Road, New Franklin, Franklin County, Pennsylvania from birth until May 31, 2000; B. With Mother, Father and Brian Ferry at 301 Hollar Avenue, Shippensburg, Cumberland County, Pennsylvania from May 31,2000 until January 28,2001; C. With Mother and brother, Brian Ferry, at 301 Hollar Avenue, Shippensburg, Cumberland County, Pennsylvania from January 28, 2001 until present. 6. The parties have reached an agreement with regard to custody of the minor child and desire that the Court enter an order. The parties agree that the Court may enter the following order: ORDER OF COURT ,200_, the within Stipulation having been presented, read, considered and ordered to be filed, it is hereby ordered that John W. Sharpe, II, hereinafter Father, and Tammy R. Sharpe, hereinafter Mother, are awarded joint legal custody of Cameron Rhea Sharpe, born April 24, 1999. Mother and Father agree to discuss important issues regarding the child's educational, social, spiritual, emotional and material needs. Each parent will receive all pertinent information and reports concerning the child's welfare as may be generated by educational, medical, psychological and other professionals who may work with the child or with either parent on behalf of the child. Each parent, as any report or record is received, shall provide a copy to the other within five (5) days of receipt of said report or record. Mother and Father shall have shared residential custody which shall be exercised as follows: 1. Mother shall have primary residential custody of the child, subject nevertheless to Father's partial custody on two evenings every week from 5:00 P.M. to 8:00 A.M. the following morning. The evenings of Father's partial custody shall coincide with evening that Mother's working second shift. Mother shall notify Father of two evenings that she will be working at least one week in advance for the following week. 2. Commencing Friday, June 1, 2001, at 7:00 P.M., Father shall have the child until Sunday, June 3, 2001, at 7:00 P.M. and alternate weekends thereafter. Mother shall have the child on the opposite weekend. 3. The parent who is going to commence custody shall be responsible for the transportation at that time unless the child would otherwise need to be delivered to a child care provider, which shall be the responsibility of the parent then having the child. 4. Holiday Custody. The parents shall share holidays by mutual agreement. The parties intend to equally divide the holiday itself with alternating the first half or second half of the day. 5. The specific schedule for Thanksgiving, Christmas Eve, Christmas Day, New Years, 4th of July and Easter is as follows: A. Commencing with Thanksgiving, 2001, the child will be with Mother from 8:00 A.M. on Thanksgiving until 3:00 P,M., with Father from 3:00 P.M. until 11 :00 P.M. and every odd year thereafter. In even years the schedule will be reversed. B. Mother shall have the child from 8:00 A.M. on Christmas Eve, 2001 until 5:00 P.M.; Father shall have the child from 5:00 P.M. On Christmas Eve until 3:00 P.M. on Christmas Day. Mother shall have the child from 3:00 P.M. on Christmas Day until 11 :00 P.M. on Christmas and every odd year thereafter. In even years, the schedule shall be reversed. New Years and New Year's Eve will follow the exact same schedule, beginning, however, with Father exercising the 8:00 A.M. to 5:00 P.M. in odd years on New Years Eve. C. Father shall have the child from 8:00 A.M. on Easter until 3:00 P.M. and every even year thereafter. Mother shall have the child from 3:00 P.M. until 11 :00 P.M. On Easter Sunday. This schedule will be reversed in odd years. D. Father shall always have the child on Father's Day from 8:00 A.M. until 8:00 P.M. Mother shall always have the child on Mother's Day from 8:00 A.M. until 8:00 P.M. E. The parents shall endeavor to work out a suitable schedule so that each parent shall have the child from 8:00 A.M. until 8:00 P.M. on their birthdays. F. The parents shall endeavor to work out a suitable schedule so that each parent shall have the child not less than three hours on her birthday. G. Father shall have the child from 8:00 A.M. on the 4th of July until 3:00 P.M. and every odd year thereafter. Mother shall have the child from 3:00 P.M. until 11 :00 P.M. on the 4th of July. This schedule will be reversed in even years. H. Holiday custody shall take precedence over regular custody as set forth above. 6. During the school summer vacation, said school summer vacation being deemed to commence with the first Friday following the last day the child is required to attend school and ending the Friday prior to school starting, Mother and Father shall alternate custody every two weeks. Commencing June 8,2001 at 8:00 A.M. until June 22, 2001 at 8:00 A.M. Mother shall have custody of the child and alternate two week periods thereafter. Commencing June 22,2001 at 8:00 A.M. until July 6,2001 Father shall have custody of the child and alternate two weeks periods thereafter. 7. At any time Mother or Father are to be exercising custody of the child and the party is required to work or a prior engagement, that party will offer the Mother or Father that time with the child before obtaining a babysitter. 8. Father shall exercise such other partial custody as both the parties agree from time to time. 9. Both parties shall provide each other with current addresses and phone numbers for emergency purposes. During any period of travel, each parent shall notify the other parent of the prospective trip and time of leaving and returning, and emergency numbers where the parent can be reached in the event of the necessity of contacting that parent for emergency purposes. 10. Mother and Father shall assure the child of the love of each parent and refrain from any negative comments in front of the child and to communicate with one another directly instead of using the child for communication. They further shall provide a reasonable and predictable daily routine for meals, sleep and play activities. They further shall require that all extended family members support this agreement and respect and support each parent in the presence or hearing of the child. By the Court, J. 7. Commencing in 2001, and every odd year thereafter that the child is eligible, Mother shall be entitled to claim the child as a federal income tax deduction. Father shall be entitled to claim the child in even years. Both parties shall promptly cooperate, within five (5) days, with signing any forms or documents requested by the other parent's tax preparer to evidence this agreement. Failure of a party to fully cooperate with the other to timely implement this agreement will subject the party breaching the agreement to full compensation of the aggrieved party, including any necessary attorney fees. 8. Both of the parties waive their right to be present when the foregoing is incorporated into an Order of Court. WITNESS: L ~. ~M1MnQ^-- ~w ;i ~pwm~ '--- .. COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF FRANKLIN On this, the ..3D day of e ' 200L, before me, the undersigned officer, personally appeared Tammy R. Sharp ,known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ JJIJAd J Notarial Seal . Teressa Bard, Notary P.ubhc Chambersburg Bora,. Frankhn County My Commission Expires Mar. 3, 2003 Notary Public COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF FRANKLIN On this, the...3D day of 1/l12t I I 200l, before me, the undersigned officer, personally appeared John W. Sharpe, M, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. '- ~ I L1/J1 13111d.J Notary Public Notarial Seal Teressa Bard, Notary Public Chambersburg Boro. Franklin County My Commission Expires Mar. 3, 2003 ..{,o.. 7Ot1~ \f:- ~ "0 __ -J \) 1:3 6 -cJ ~lJ \S::. t \ ' \ E ~ ~ ,-) c:..' ':: c, Q ..- 0' ~, t~ --- 'Ot':~.}, .~ 1""\ \ ' d 7--:J~ ~ ~ 7<:'. "Z. u; ::<~ "-r} i<> CC -:;: ex> ~;S '_.'? -pS. c ~ t? ~ UJ k' a JO .~