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HomeMy WebLinkAbout97-02812 ..C . " . S i ~ J , ? I I } ! , i i ! "->> ,.,a J ~ ~ - /'. . ". <. . , .' . , r>' ' , . . ~ . - .< ' . , " .~. ,- .' . '; ii ,. < -. - -:.' c) For one night per week to be agreed upon by the parties with that period extending from the end of Mother's work day until 7:30 a.m. the following morning when Mother delivers the child to the Father or to the child's baby-sitter. In the event the parties are unable to agree to a specific day per week when this should occur, the child will be with Mother from Thursday at the end of Mother's work day until Friday morning with the child being returned as indicated above; and d) At other times as the parties may mutually agree 4. The parties further agree that they will equally share time with the child on holidays by either alternating the holidays in their entirety or dividing each holiday with each party retaining approximately fifty (50%) percent of the time on the holiday with the child, s. Each party shall be entitled to one full week of vacation which week shall include that parties routine alternating weekend period of physical custody as part of the one week vacation, Father shall give Mother notice of his desired week for vacation by no later than May 15th of each year, 6. The child shall always be with Father during Father's Day and with Mother during Mother's Day from the period from 9:00 a,m, until 8:00 p.m. on those specific days, 7. Mother shall provide transportation for her periods of temporary physical custody as described above, 8. 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 therightto visit the child as often as he or she desires consistent with the proper medical care of the child, 9. Neither parent shall 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 children's love or atrection for the other party, 10, Any modilication 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. II. The parties desire that this Stipulation and Agreement be made an Order of Court by the Court of Common Pleas of Cumberland County, and lunhcr acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child, who has resided in Cumberland County since birth and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 12, The parties agree that in making this Agreement, there has been no fraud, conceahnent, overreaching. coercion, or other unfair dealing on the pan of the other, 13, The parties acknowledge that they have read and understand the provisions of this Agrecment. Each party acknowlcdges Ihatthe Agrccmcnt is lair and equitable and that it is not the result of any durcss or undue inllucncc, j r- ..J '11 ~ ~J .;.r .~ ~ s ~ <<> III \' ') g ;; ., ~ ~ ~ .,.. \11 ,,' ',- .,' 1>". ,.- II I . f"~ '.~ l ')' '. i~~ , " , ., ;"j <. J'. .:.1 , L\ f". I ~., :'1 ,,, .' / I . , ~ .., " , 0 ,- ll' " - . ~ ,~~ ~,' _' I ..::... . '. I. . J'" t . >. >. _' ,: ' ---_.,-,,-~-. --. ,~ ----------.-.. ";";, . . . . uC.l i L~ ~ ,,' t.' .... " '1;' RICKY A. GARMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. PEGGY M. GARMAN, Defendant 97-2812 : IN CUSTODY CUSTODY STIPULATIO. AlII) AORBRIIInI'I' THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between RICKY A. GARMAN, (hereinafter referred to as "Father"), and PEGGY M. GARMAN, (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parties of the minor child, BENJAMIN WILLIAM GARMAN, born July 3, 1990, (hereinafter referred to as "child")i and WHEREAS, the parties previously entered into a Custody Stipulation and Agreement which was entered as an Order of Court dated May 30, 1997. A copy of said Stipulation and Agreement as well as the resulting Order of Court being attached hereto and incorporated herein by reference as Exhibit "A"i WHEREAS, the parties wish to modify the prior Stipulation and Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Paragraph 3 of the parties' prior Custody Stipulation and Agreement providing for Mother's periods of temporary or partial physical custody shall be modified to provide the following schedule: " t' c) For one night per week to be agreed upon by the panies with that period extending from the end of Mother's work day until 7:30 a.m. the following morning when Mother delivers the child to the Father or to the child's baby-siner. In the event the parties are unable to agree to a specific day per week when this should occur, the child will be with Mother from Thursday at the end of Mother's work day until Friday morning with the child being returned as indicated above; and d) At other times as the panies may mutually agree 4. The panies further agree that they will equally share time with the child on holidays by either alternating the holidays in their entirety or dividing each holiday with each party retaining approximately fifty (50%) percent of the time on the holiday with the child. s. Each party shall be entitled to one full week of vacation which week shall include that parties routine alternating weekend period of physical custody as pan of the one week vacation, Father shall give Mother notice of his desired week for vacation by no later than May 15th of each year, 6. The child shall always be with Father during Father's Day and with Mother during Mother's Day from the period from 9:00 a,m, until 8:00 p.m. on those specific days. 7. Mother shall provide transportation for her periods of temporary physical custody as descnbed above, , , , , 8. The parties will keep each other advised immediately in die 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, 9. Neither parent shall 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 children's love or affection for the other party. 10. 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. 11. The parties desire that this Stipulation and Agreement be made an Order of Court by the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child. who has resided in Cumberland County since binh and shall retain such jurisdiction should circumstances change and either pany desires or requires modification of said Order, 12. 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. 13. 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 any duress or undue influence. L:: '" 2:: ':- :','..: c'~ ; .-J. n I.' , .. , ':.'1 j"- ':'. "- ,- . l-~ '..\.. (lr . <:. , ~-") lj! i.' . LI." .- -7 , ..... lltj G,:: ~ c :' !l.L F C -. 1:_ C'": .-) V c..., U