HomeMy WebLinkAbout00-01439
,
KATHY J. LEAR,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY - PENNSYL VANIA
vs.
CIVIL ACTION - CUSTODY
: NO. 2000 - 14-~9 CIVIL TERM
: IN CUSTODY
KIRK D. STIMELING,
Defendant
ORDER OF COURT
AND NOW, this
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, 2000, the attached
Stipulation and Agreement is hereby made an Order of Court and all prior Orders on this
matter are hereby vacated.
BY THE COURT,
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KATHY J. LEAR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY - PENNSYL VANIA
vs.
: CIVIL ACTION - CUSTODY
: NO. 2000 - /1/31 CIVIL TERM
: IN CUSTODY
KIRK D. STIMELING,
Defendant
CUSTODY STIPULATION AND AGREEMENT
TillS AGREEMENT AND STIPULATION entered into the day and year
hereinafter set forth, by and between Kathy J. Lear, (hereinafter referred to. as "Mother")
and Kirk D. Stimeling, (hereinafter referred to as "Father").
WHEREAS, the parties are the natural parents ofNicohole Lynn Stimeling, born
April 1 0, 1992 (hereinafter referred to as "child"); and
WHEREAS, the parties do not reside together and, therefore, it is necessary to
establish a custodial arrangement for the child; and
WHEREAS, the parties wish to enter into an agreement relative to custody and
partial custody of the child; and
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth, the parties agree as follows:
1. Mother shall have primary physical and legal custody of the child.
2. Father shall have periods of temporary or partial physical custody with the
child on the following schedule:
(a) Every week for a period of at least four (4) hours on one of the two days
when Father is not required to work and with Father giving Mother no less
than seven (7) days notice of his intended desire to exercise this four-hour
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period, giving the day and time that he wishes to spend with the child in
his custody; and
(b) During a four-hour period on Christmas Day, Easter Day and
Thanksgiving Day at a time to be agreed upon by the parties with Father
providing Mother with no less than two weeks notice of his intended
periods of physical custody; and
(c) At other times as the parties may agree.
3. Father shall also be entitled to provide transportation for the child to and from
school on a daily basis. In the event he is unable to provide transportation for
the child at the beginning or end of her school day, he must give Mother no
less than three (3) days notice in order to permit her to find other
accommodations.
4. The parties will keep each other advised immediately in the event of serious
illness or medical emergency concerning the child and shall further take any
necessary steps to ensure that the health and well-being of the child is
protected. During such illness or medical emergency, both parties shall have
the right to visit the child as often as he or she desires consistent with the
proper medical care of the child.
5. The parties shall not do anything which may estrange the child from the other
party, or injure the opinion of the child as to the other party, or which may
hamper the free and natural development of the child's love and affection for
the other party.
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6. Any modification or waiver of any of the provisions of this Agreement shall
be effective only if made in writing and only if executed with the same
formality as this Stipulation and Agreement.
7. The parties desire that this Stipulation and Agreement be made an Order of
Court to the Court of Common Pleas of Cumberland County, and further
acknowledge that the Court of Common Pleas of Cumberland County does,
in fact, have jurisdiction over the issue of custody of the minor child who has
resided in Cumberland County and shall retain such jurisdiction should
circumstances change and either party desire or require modification of said
Order.
8. The parties agree that in making this Agreement, there has been no fraud,
concealment, overreaching, coercion, or other unfair dealing on the part of the
other.
9. The parties acknowledge that they have read and understand the provisions of
this Agreement. Each party acknowledges that the Agreement is fair and
equitable and that it is not the result of duress or undue influence.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the
terms hereof, set forth their hands and seals the day and year herein mentioned.
WITNESSES:
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DATE THY . L AR
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DATE KIRK D. STIMELING
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