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HomeMy WebLinkAbout00-03650 ~J , -. __ i +,~." ",,~ , ';~- " . "-' -~-. V'" "ij ~ '" fl\cust\bailey.ord\6-00 JON 2 7 2lIII~ BRENDA L. BAILEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00- 3&.50 THOMAS F. BAILEY, Defendant CIVIL ACTION - IN CUSTODY o R D E R AND NOW, this ~ day of "3'...,('-1 \ consideration of the foregoing motion, the Custody Agreement for Minor , 2000, upon Children between the parties dated "J1.ll) c.. 2.1 2-0 eJO, and attached hereto is hereby incorporated into the above captioned action and made an Order of Court. BY THE COURT: J. "', " I: ,I ~ ~ Ii r-~ - ,~,."~,, 0:11 cn ")"R~- '-' " ,-, 1"/, ~ t"',r: -"',!.-,:"'~~::::..v v~ u, !'" "", lj"i.1'0/\ln'r.r>y -", 1"",IVfhH 00 clUL -3 AN fa: 42 CUMBE4i.!;!vD COUNTy PENNSYLVANIA " ~ .. eO'" .- " ,~,' .." , -'''"''~'",,,,-,_. " , '... ".,,,-,-,,'" ,,~.--- ,;-;, , -', ,~ - _" , n, ~,," ,__~' _ 'po, ,J], .,.._r" '" ~ .... , l..... 'i ~ l <::J __ "_., ";;<,"';WI ,- " , ~. "o,~.,~t -., ,,-- , ,---,'--b.' ---.'~,,- - ,-,<-:<" ~:, <L',,"':" "-"-_~ > __, . ~ ......."'j;(;,\ fl\c~st\bail~y,mot\6-00 BRENDA L. BAILEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. THOMAS F. BAILEY, Defendant CIVIL ACTION IN CUSTODY MOTION TO MAKE CUSTODY AGREEMENT AN ORDER OF COURT BRENDA L. BAILEY, plaintiff in the above action, by and through her attorneys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court make the attached Custody Agreement for Minor Children dated , in the above captioned action as an Order of Court. STONE LaFAVER & SHEKLETSKI By Attorneys for Plaintiff I! ti -<I." , . fl\c"st\bailey,agm\4-00 CUSTODY AGREEMENT FOR MINOR CHILDREN THIS AGREEMENT, made this ~ day of Tun F _ 2000, by and between BRENDA L. BAILEY, of 604 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter referred to as "Mother") and THOMAS F. BAILEY, of 106B Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter referred to as "Father"). WIT N E SSE T H: WHEREAS. Mother and Father are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, Mother and Father were divorced January 20, 2000 (Cameron County, Pennsylvania Docket No. 99-5602); and WHEREAS, Mother and Father had two children during the marriage, RYAN THOMAS BAILEY, born on November 28, 1989, and JOSHUA TYLER BAILEY, born on April 15, 1993; and WHEREAS, the parties hereto have mutually agreed to enter into an agreement for the custody and visitation of RYAN THOMAS BAILEY and JOSHUA TYLER BAILEY and the parties now wish to have that agreement reduced to writing. -1- - , , ~ ~% , . NOW, THEREFORE, the parties hereto, in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, hereby covenant, promise, and agree as follows: 1. CUSTODY. Except as provided herein, Mother shall have primary physical custody of RYAN THOMAS BAILEY and JOSHUA TYLER BAILEY subject to such reasonable partial custody and visitation rights of Father as are agreed to by Mother and Father from time to time. The parties shall share legal custody of RYAN THOMAS BAILEY and JOSHUA TYLER BAILEY. Each party agrees to keep the other apprised of important matters relating to the children's health, education, welfare, and activities. The parties further agree that each shall have the equal access to information concerning the children. 2. Miscellaneous. A. No waiver or modification of any of the terms of this agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of -2- "' I . the same or similar nature. This agreement may be modified by court order. B. This agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this agreement. Moreover, the parties hereby agree that the provisions of this agreement shall be entered as a custody order in the Court of Common Pleas of Cumberland County, Pennsylvania, or in such other appropriate court. C. This agreement constitutes the entire understanding of the parties regarding custody and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties regarding custody other than those expressly set forth herein. D. If any term, condition, clause, section, or provision of this agreement shall be determined or declared to be void or invalid in law by a court of competent jurisdiction, only that term, condition, clause, section, or provision shall be stricken from this agreement, and in all other respects, this agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the articles and sections -3- u......._o , , ""","- iilJJ'llWl, , . herein shall in no way void or alter the remaining obligations of the parties. E. In the event either party to this agreement shall breach any term, covenant or other obligation herein, the nonbreaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the nonbreaching party may incur including, but not limited to, filing fees and reasonable attorney's fees, in any action or proceeding to enforce the terms of this agreement. F. This agreement shall forever be binding upon the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this agreement by either Father or Mother until it shall have been fully satisfied and performed. The consideration for this agreement is the mutual benefits to be obtain by both of the parties hereto in the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties and the parties intend to be legally bound hereby. -4- ,~ --,' ., IN WITNESS WHEREOF, Mother and Father have set their hands and seals the day and year first above written. ISEAL) ~f:{;~- ISEAL) -5- ~ ,1 " ~, " -- ,~ . '!\llIIIIIr," ~. ," _~~__ _ M """"""~"'" ~~~~ ~~ ~~ "% F~- a --J r ~ (") ~;; uG ~~L Z'C. ~",-=:. '- ~~: ~~ -, -< c:) (:.:) L-=- s~ . (T\ _<C,l ""-;'. "'- ...J ~r'; _c ~ " ._~~~~,~,~~!lil".,_~~"..,~~Jl'lI'~ "' \,~ ~,:IT!'!