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HomeMy WebLinkAbout96-02923 I' , , , , i , I', I,' , , I , ' I ~ I I I I\( I I ..... ~ 1 c:l I ~ \ ' " '~ ) , ' /, I ,/, II /'" \i ., /' , " '\ . " I' , , ", , I, I, , I '.'1' , ", , , 'I" " r; \, ij! " ''': .r if ,'C II , r, I, ,( \. ,~ " it I,' "t ./ " ~ . .. ~ .- I' 'I ", !,t ~ , , , , , " ") i , I I .. I ~( ~l ~ ~I I ,\ " '" 1" IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY H. SWARTZ, CIVIL ACTION - LAW PETITIONER V. NO. 96- .J. 'lJJ CIVIL TERM JOHN E. GSELL, III, RESPONDENT CUSTODY ,,f~ THIS STIPULATION AND AGREEMENT is made this 0 day of May, 1996, by llnd between KIMBERLY M. SWARTZ, of 247 Carlisle Road, Newville, PA, hereinafter referred to as "PETITION~R," and JOHN E. GSELL, III, of 1026 Centerville Road, Newville, PA, hereinafter referred to as "RESPONDENT." 1. PETITIONER and RESPONDENT are the natural parents of GAGE EDWARD SWARTZ, born September 1, 1995. 2. PETITIONER and RESPONDENT were not married at the time of the hirth of the child, nor at any time subsequent thereto. 3. With the exception of this Bction, neither party has participated as a party in other litigation concerning the custody of the child in this or any other court. 4. None of the parties proceeding concerning the child outside this Commonwealth. has information of a custody pending in a court within or 5. None of the parties knows of any person the proceedin~s who has physical custody of the to have cuatody 01' visitation rights with respect not a pprty to child or claims to the child. 6. Since birth, the child has resided with persons and at the following addresses: the follOWing MME Al2.I1.R.~ DAtE Kimberly M. Swartz 247 Carlisle Road Newville, PA 17241 September I, 1995 to pre.ent 7. The parties have reached an agreement with respect to the custody of their minor child and desire to reduce and incorporate their agreement to an order of court. " , 8. The parties agree that the terms of their agreement are in the best interest of the child. 9. The parties further agree that, in procuring thla Agreement, there has been no fraud. concealment, overreaching. c:oercion or other unfair dealing on the part of the other. NOW, THEREFORE, the parties Intend to be legally bound and waiving their right to be present when this Agreement and Order are presented and executed. hereby stipulate and agree that the Court may enter the following Order of Court in the above capt loned case: ORDER OF COURT NOW, consideration of the it is hereby ordered . within Stipulation and as follows: 1996, upon Agreement, 1. PETITIONER shall have legal custody of the minor child, GAGE EDWARD SWARTZ. 2, PETITIONER shall exercise primary physical custody of said minor child. 3. RESPONDENT shall exercise visitation as can be agreed by the parties. PETITIONER shall not unreason- ably withhold her consent to visitation. as the purpose of this Agreement is to allow each party to maintain strong and meaningful relationsh\ps with the child. 4. On holidays, RESPONDENT shall exercise visitation as can be agreed between the parties. 5. Neithe~ party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. By the Court. J. ' '". "---"'-"-'- " ! IN WITNESS WHEREOF. the partiu hereto, intendin. to be le.ally bound hereby, do execute this Stipulation and Alreement. WITNESS: '-- k:...~ Q c;- L.l~.u.t.- ItkUbtl-P'-IJ d.,J~ /11 d1h@ jl~ y . .SWARTZ ~ ~' .J;f ";.)OHN E. GSELL, II I " , I '. , I , , t1 . \ 0.. ~~ ~ \).,." .'1.. ('('\'<;;) -.II, c:J-'~ \l>" - .~ I" .......M fj , ~ ~ ~ 1\, ......... q ~ . v ~ I.,) j. ~.~ 1 ~ ~ ~ ~ ~ " " " ',' " ,. . .. I. " , " ", " !'