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HomeMy WebLinkAbout98-01202 I I f I~ I ~ 17 I , IJ I I I I I I I { I~ I jql,.",. Ul : I I <0 I 101 (6'1 -I I I ~l THIS AGREEMENT, made this j;d day of '}J{tit ' 2001. by and between TERRY A. BEAM., of 1 Liberty Drive. Mount Holly Springs. Cumberland County, Pennsylvania, party of the !irst part, hereinafter ret~rred to as "HI/sballd", AND CATHERINE 11;[. BEAL'rl, of Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on June 2, 1990, in Carlisle, Cumberland County, Pennsylvania. WHEREAS, the parties are the natural parents of two (2) children namely, Abigail Rebecca Beam, born October 16, 1990, and Tyler Ray Beam, born October 7, 1993, whose custody has been established by a Custody Stipulation and Agreement filed by the parties resulting in an Order of Court being entered on September 21, 1999, to case number 98-1202 Civil Term, in the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, diverse unhappy differences. disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective !inancial rights and obligations as between each other, and to fmally and for all time to settle and determine their respective property and other rights growing Ollt of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; WHEREAS. both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the exccution hereof; WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree. and extent of the estate and incomc of Husband and Husband acknowledges that hc has had the oppoltunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; and NOW, THEREFORE. in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto. Wife and Husband. each intending to be legally bound hereby, covenants and agree as follows: 1. Advise '1f COl/nse!: The provisions of this Agreement and their legal effect have been fully explained to the parties by thcir respective counsel, Bradley L. Griffie, Esquire, for Husband and Lindsay Dare Baird. Esquire. for Wife. The parties acknowledge that they have received independent legal advice from counsel of their own selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties 2 hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealmcnt, overreaching, imposition, coercion, of other unfair dealing on the part of the other, or on the part of the other's counsel.. 2, lfil/'/'anl.v Qi'DiscloslI/'e,: Thc parties warrant and rcprcsent that they have made a f\lll disclosure of all assets and thcir valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 3. Personal Righls and Senaralion: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried, They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each otber or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means 01' in any manner whatsoever with him or her. 4. ~Bar 10 Divorce Proceeding!: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to 3 condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the party of the other party which may have occasioned the disputes or unhappy differences whieh have occurred prior to or which may occur subsequent to thc date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of93301(c) of the Divorce Code of 1980, 5. Ag/'eemenl 10 be [nco[J2Q/'aled in Divorce Dec/'ee: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time, 6. Dale Qf Execlllion: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. Personal P/'oDertv: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal propeiiy and hereinafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the 4 possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce ano forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with tidl power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried, 8, IHarital Debt: The parties agree that they each have individual debt that does not exist as an encumbrance, lien, or debt against the other party. Each party shall be responsible for repayment of their own personal debt at the time of execution of this Agreement. There is no joint debt in existence other than the mortgage to the palties' real estate as hereinafter dcscribed, Neither party will take any action to incur additional debt from this time fOl'Ward that would create an encumbrance, lien, or debt for the other party, 9. Bank Aceoullts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by rquitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds, 10. After-Acquired Perwnal ProperlJl.: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried, 5 11. Motor Vehicles: The parties each have a motor vehicle in their possession that is titled in their name alone. Neither party shall make any claim to any vehicle or vehicles in the other parties' possession and ownership from this time forward. Each party shall be solely and exclusively responsible for the repayment of any d(~bt or encumbrance due and owing on the vehicle or vehicles that they have retained. 12. Resll Estate: The parties arc the joint owners of real estate located at 1 Liberty Drive. Mount Holly Springs, Cumberland County. Pennsylvania. The parties have listed this property for sale with Roger Diehl, of Ebener Real Estate for purposes of sale of the real estate to a third party purchaser for value. The parties shall abide by the guidance and recommendations of the selected realtor in selling the property to any prospective purchaser, At the time of settlement on the sale of the aforesaid real estate, the net proceeds of sale shall be divided equally between the parties alter payment of their outstanding mortgage obligation and payment of routine settlement expenses and costs. The settlement agent conducting the settlement on the sale of the property shall issue two checks at the time of the settlement in equal amounts to Husband and Wife equally dividing the net proceeds of sale, Both parties shall cooperate in finalizing the sale of the property to a third party purchaser for value under these tenns. " , Upon final settlement on sale of the property to the third party purchaser for value, neither party shall make any claim of any nature whatsoever against the other relative to any additional benefits or proceeds from the aforesaid real estate. 'i 6 dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all olhe.. rights of a surviving spouse to participate in a deceased spouse's estate, whether arising und,'r the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United Stales, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 17. I2b!.Qn:s:.: Wife has commenced an action for divorce against Husband pursuant to ~3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce docketed to No. 98-1202 Civil Term, in the Court of Common Pleas of Cumberland County, Pennsylvania, Both parties shall, at the time of execution of this Agreement, furnish Wife's counsel with signed Affidavits of Consent and a Waivers of Notice of 8 Intention to request the Entry of a Decree in Divorce. It is understood and agreed that the Decree in Divorce issuing from this malleI' shall incorporate this Agreement. a. Each of the parties agree that this Agreement represents a complete ,md final agreemcnt as to lhcir respective properly rights which arose from the marital relation and therefore mutually waive any and all rights they may have under ~3502, ct. seq. b. This Agreement may be offered in evidencc in the action for divorce and may be incorporated by refercnce in the decrce to be granted therein. Notwithslanding such incorporation, this Agreemcnt shall not bc merged in the dccree, but shall survive the same and shall be binding and conclusive to thc rights of all parties. 18, Le'fal Fees: In thc review and preparation of this Agreement each party shall bear his or her own legal fees. 19. Remaly far Breach: If either party breaches any provision of this Agreement, thc other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment of legal fees and costs incurred by the othcr in enforcing their rights hcreunder, whether through formal court action or negotiations, or to seck such other remedies or relief as may be available to him or her. 20. &iI/lIable Dlslrlbwloll: It is specifically understood and agrecd that this Agreement constitutes and equilable distribution of property, both real and personal, which was 9 legally and benefidally acquired by HllClband and Wife or either of them during the marriage as contemplated by The Act of April 2, 19RO (P.L. No. 63, No. 26) known as "The Divorce Codc," 23 P,S. 10 I et seq, of the Commonwcalth of Pennsylvania, and as amended. 21. SlIlIIl/la/'v Qr fe/eel Qf'llgl'eelllel/l: It is spccifically undcrstood and agreed by and between the parties hcreto , and each party accepts the provisions hcrein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and futurc clams on account of support, maintenance, alimony, alimony pendentc lite, counsel fees, costs and expenses, equitable distribution of marital property and any olhcr claims of each party, including all claims raised by them in the divorcc action pending bctween thc parties, 22. ~ol/selJlIenees: By this Agreement, the parties have intended to effectuate and by this Agreement have equally divided their marital property, The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is no, except as may be otherwise expressly provided herein, intcnded by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds oJ' other property not constituting a party of the marital estate, 23. MlIIlIal CooDe/'alion/DII(~' /0 E;,llecllIale Allreelllenl: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and 10 deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purposc of giving full force and effect to the provisions of this Agreement, 24. RecoflcilimiJ2n.: The parties shall only effectualc a legal rcconciliation which supersedcs this Agn:ement by their signed agreement cOlltaining a specific statement that they have reconciled and that this Agrcement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, thc parties may attempt a reconciliation, which action, i I' not consummated by the aforesaid agreement, shall not affcct in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 25. Severahilitv: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term condition, clause 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 her or his obligations under any one or more of the paragraphs herein. with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 26. No Waiver Qf D.dillJll: This Agrcement shall remain in full force and effect unless and until terminated undcr and pursuant to the terms of this Agreement. The failure of either party to insist upon strict pcrformance of any of thc provisions of this 11 Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waivcr of any breach of any provision hereof be constmcd as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any othcr obligations herein. 27. f.l.u.e.gt:I11km: This Agreement constitutes lhc entire undcrstdnding of the parties and supersedes any and all prior agreements and negotiations between them. Thcre are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 28, F.,Cfecl Qf Diwm;e Decrs:.e.: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the panies. 29. Waiver or Modiflca/ion 10 be in Wd1i.t1~: No modification or waiver of any of the terms hereof shall be valid unless ill writing and signed by both parties and no waiver of any breach hereof or defaull hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 30. Cap/ions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way defied, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 12 . . LINDSAY DAFU;: BAIAD, I':8QUIFtE ATroll"'." ATL.A.W .., MouTH' "'''Nc:W." ........., OAOIUel.lC, "OCNNIIYI.,VAN'A 17013 ,?,." .41'''''lla f"''')( a"...uo '''i; -- _.;~~'~~"'""-""""'''''''i~..,,~.-,,,,.,. _t......-...~--. ~ CATHERINE M. BEAM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v TERRY A BEAM. : 98- Dt:tJ : IN DIVORCE CIVIL TERM Defendant NOTIC~~AND CLAIM RIGH1'$ You have been sued In Court, If you wish to defend against the claims Get forth In the fol/owlng pages, you must take prompt action. You are warned that If you fall to do so. the case may proceed without you and a decree of divorce or annulment may be entered against you by the Courl. A Judgment may also be entered against you for any other claim or relief requested In these papers by the Plaintiff, You may lose money or property or other rights Important to you. including custody or visitation of your children, When the grounds for divorce Is indignities or Irretriel/able breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse. Carlisle, Pennsylvania. IF YOU 00 NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEf.S OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LdsE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAwYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINO OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE. PENNSYLVANIA 17013 TELEPHONE: (717) 249.3166 \j 'I .....' '.- r' , . o'J I . . , " ; , .j '.J . i; ~_~ I ;- ~) , I (i'.l .1 Lt. . .. ,. .') !,.! (,) ,> " i ... J"l ,.~; t,INDSAY r)AR~ ~"'J\Q A'I'tOllNEY ATUW , 3.7 So\J1'H lIAl'lOVEK $111l1&'\', .... CN!l.l$L'l, PENNSYLVANIA 170~3'3af>'l (717) 243.578:.1 FAX (717) 1I4l1.SpO i .L "JUL 14199rJP';; . .- . . '-,,~--.... CATHERINE M. IlEAM Plaintiff : IN THE CovIn OF COMMON PLEAS OF : CVMIJEltLAND COUNTY, I)ENNSYLVANIA v. : No. 98. 1202 CIVIL TERM TERRY A. BEAM, Defendllnt IN CUSTODY ORDER AND NQTI~ -J I;:;' \ \9(( AND NOW, 1999, Upon eonslderntlon of the attached complCllnt, it Is he~eb)'.difected that !he parties nnd their respective counselnppear before ~ ~)\J::::~~\ \ t.'.C\, , -.-)},he conclllutor. ." at ~ \ .li::Cili.&,ur "".-+lL.'\....._______ on the _~_ !lny of) c, ,1999, at '," ~~n., for a Prt!.Henrlng Custody Conferelwe. At such confere ce, an effort will be mnde to resolve the Issues in dlsputt.: or If this cannot be accomplished, to define nnd narrow the Issues to be henrd by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appem' at the conference may provide grounds for entry of a temporary or permanent order, I'OR THE COURT, ny:-d Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabllltles Act of 1990. For information about accessible facilities IInd reasonable accommodations available to disabled individuals having business before the court, please contllct our office. Allnrrangements Illllst be made at least 72 hours prior to any hearing or business before the cOllrt. You IIlIISt altend the scheduled conference or hearing. YOU SHOULD TAI(E THIS I'APER TO YOUR LAWYER AT ONCF.. II' YOU DO NOT HAVE A LAWYER OR CANNOT AFfORD ONE, GO TO OR TELEl'HONE THE OFFICE SET FORTH BELOW 1'0 FIND OUT WHERE YOU CAN (lET LEGAL HEll'. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 n;t:.:) -/-, u ........., - >- ('1\ ~ - ~ o~ '>. "'t C:;. (-. '" 1--. (". .. " 1.1.1".,1 ~..- ~ D ( I', -. ;-)<-r (' ,.):"~ 0 .~ ~:( "- C).' "- - ~~ 0 6.: (r') i'-);::j ~ ). Ii) -';,' {i; () t~!! I -./ !)!:~ ~ f-~ :..:;.. lii.-:.... ~ ..J -, jq~U 11- "." .L, Cl (;/\ ~~ """ \j 0' <oJ U I' I' [i I I I { t I I. t,: ',. (' , ~;.-, lr: ...;'1 l '~; ';;1, ,c,_, 1-' .. ~':l C ~--. 1..', tU ~,:,' , , H.' f.~! ~: en " L":\ I L! n (.1 (., \: ", q~ en C.l u) '0 CATHERINE M. BEAM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. 98.1202 CIVIL TERM TERRY A. BEAM, Defcndant CIVIL ACTION - CUSTODY CUSTODY STlPULA T10KAlW AGRE;EMENt THIS STIPULATION AND AGREEMENT cntcred into thc day and ycar hereinafter written by and bctwecn CATHERINE M, BEAM, (hcreinafter referred to as "Mother") and TERRY A. BEAM, (hereinaftcr rcfcrred to as "Father"), WHEREAS, thc parties are thc liatural parents of two childrcn, namely, ABIGAIL REBECCA BEAM, born OClobcr 16, 1990, and TYLER RA Y BEAM, born OClober 7, 1993, (hereinafter refcrred to as "children"); and WHEREAS, the parties arc, at prcsent, living separate and apal1; and WHEREAS, thc partics wish to enter into an agrecl11cnt establishing arrangements relativc to custody, temporary custody, and visitation of the childrcn; NOW, THEREFORE, in consideration of thc mutual covcnants, promises and agreements as hereinaftcr set forth, the parties stipulate and agree as follows: I. The partics shall have shared legal custody of the children. 2. Fathcr shall have primary physical custody ofthc children. 3. Mothcr shall have periods of temporary or partial physical custody with the children on the following schcdule: a.) every other weckend frolll Thursday evcning between 4:30 and 5:00 p.m. until Saturday morning at 10:00 a.Ill.; and b.) (wery Monday evening from between 4:30 and 5:00 p.lll. until no latcr than 8:30 p.lll. (Thc partics understand that this day may changc bascd upon thc childrcn's activities); and c.) at other times as the partics Illay agrec, 4. The childrcn shall always be with thc Father on Father's Day and shall always bc with Mother on Mothcr's Day. In thc cvent that lhosc days lIrc not days whcn the parent indicated would otherwise have physical custody, the childrcn shall bc with that parcnt from 9:00 a.m. until 8:00 p.m. 5. During the Thanksgiving holiday season thc parties will share the Thanksgiving holiday by altcrnating bctwecn the following two periods: a.) From 5:00 p.m. on thc last day of school prior to Thanksgiving until 12:00 noon on the Saturday immcdiately following Thanksgiving; and b.) The pcriod from 12:00 noon on the Saturday following Thanksgiving until 5:00 p.m. on thc last day of thc school vacation prior to the children returning to school. Father shail havc the first period for Thanksgiving 1999 and Mothcr shall have thc second period. This shall alternate for Thanksgiving 2000 and continue so altcrnating in this fashion. 6. During thc Christmas holiday seuson the parties shall share physical custody during thc Christmas season by altcrnating physical custody betwcen the following two pcriods: a.) The period from 5:00 p.m. on thc last day of school prior to Christmas brcuk until 1 :30 p.m. on Christmas Day; und b.) The period from I :30 p.m. on Christmas Day until 6:00 p.m. on New Ycar's Duy. Father shall havc the first pcriod for Christmas 1999 and Mother shall have thc second period. This shall altcrnatc for Christmas 200 and continue so altemating in this fashion. 7. The partics shall altcrnute physical custody of the children during the following holidays: President's Duy, Easter Sunday, Memorial Day, Fourth of July and Labor Day. In 1999 und all future odd-numbercd years, Mothcr shall have the children on President's Day, Mcmorial Day and Labor Day and Father shall have thc childrcn on Easter Sunday and the FOlllth of July. Thcse duys shall thcn alternate for 2000 and all future odd numbered years. During each holiday, the parent who hus custody shall have the children from 9:00 a.m. to 6:00 p.m. 8. During the summer vacation months, each purty shall be entitled to two one- week periods of vacation with the children. Each party must notify the other, in writing, of their rcquested wceks of vacation with at Icast thiIty (30) days notice. The parent who first designutes their weeks of physical custody shall be entitled to those weeks. A week of vacation is intendcd to include that parent's routine alternuting weekend of physical custody as describcd above and not intcndcd to be in addition to the nomlal altcrnating weekend pcriod of physical custody. It is furthcr undcrstood that the children spend additional weeks in the summcr with thcir parcnlnl grandparcnts and this shall be by mutual agrcemcnt. When this occurs, this parcnt shall allempt to schcdulc some additional duys of physicnl custody with Mothcr to make up time shc loses to thc parcntal grundparcnts. 9. Thc purties will kcep cach other udviscd illlmedintcly re.lativc to any cmergencics concerning thc childrcn and shall further take any nccessary steps to ensure that the hcalth and wcll bcing of thc childrcn are protccted. During such illncss or medical emergcncy, both parents shall havc the right to visit the childrcn us oftcn as he or she dcsires consistent with thc propel' medical care of the chi Idrcn. 10. Neithcr parent shall do unything which may estrangc the children from the other party, or injurc the opinion of the children us to thc other party, or which may hamper the free and natural development of the childrcn's love 01' affection for thc other party. 11. Any modification or waiver of any of the provisions of this Agreemcnt on a permnnent basis shall be effectivc only if madc in writing, and only if executed with thc same formality as this Stipulation and Agrcemcnt. 12. The parties desire that this Stipulation and Agreement bc made an Order of Court of the Court of Common Picas of Cumbcrland County, and furthcr acknowledge that the Court of Common Picas of Cumberland County docs, in fact, have jurisdiction over the issue of custody of the parties' minor children, who have rcsided for their entire lives in Cumberland Counly, Pennsylvania. Thc Court of Common Pleas of Cumberland County shall retain such jurisdiction should circumstanccs change and cither party desirc or require modification ofthc Ordcr resulting from this Agreemcnt. 13. Thc partics agree that in making this Agrcement, thcre has bccn no fraud, conccalment, ovcrrenehing, cocrcion, 01' other unlldr dcnling on the part of thc other party. 14, The partics ncknowledgc that they havc rcnd and undcrstand the provisions of this Agrcemcnt. Each party acknowledgcs that thc Agreement is fair and equitablc and that it is not tho result of any duress or unduc influence. IN WITNESS WHEREOF, the partics hereto intending to be legally bound by tho terms hcrcot~ sct forth their hands and scals tho day and yoar hereinafter mentioned. WITNESSETH: c~E(d(t{ 11tlf{/~(j II CATHERINE M. BEAM 'I / q !9(r::!:;v,,,C;<< ~S6--- DATE .. . / ',J / q!J ;",/ ~ ~ fi.4~ rD~TE ~. /I (~ .~ CI, I~ TERRY A, BEAM