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PATRICK WAYNE GALLAGHER,
Plaintiff
v.
JANA MARGARET GALLAGHER,
Defendant
AND NOW, to wit this
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. OJ - ?7J.,
Ciu ;1/02YYI
CUSTODY ACTION
ORDER
lG''''day of
pJ,v.
4
, 2001,
the attached Custody Agreement is hereby entered as a Court
Order.
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CUSTODY AGREEMENT
THIS AGREEMENT, made this
day of
2000 between PATRICK WAYNE GALLAGHER of Halifax, Pennsylvania
(hereinafter referred to as "Father"), and JANA MARGARET
GALLAGHER of Enola, pennsylvania (hereinafter referred to as
"Mother") .
WIT N ESE T H
WHEREAS, the parties are the parents of one minor child,
namely KYLE ANDREW GALLAGHER, born November 25, 1991 (hereinafter
referred to as "the Child"); and
WHEREAS, the parties hereto desire to enter into an
agreement as to primary custody and partial custody of the Child.
NOW THEREFORE, the parties hereto intending to be legally
bound hereby, do covenant and agree as follows:
1. Father shall have primary legal custody of the child.
2. Father have primary physical custody, care and control
of the child.
3. Mother shall have partial custody with the child at the
following times:
a. Every other weekend beginning Friday at 5:00 p.m.
until Sunday at 6:00 p.m.
b. The parties agree to the following concerning
holidays:
1. Mother shall be entitled .to all of the
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holidays in the even numbered years and
father shall be entitled to all of the
holidays in the odd numbered years;
The holidays are defined as follows:
Thanksgiving, the child's birthday, Christmas
Day, New Years Day, Easter, Memorial Day,
Fourth of July, and Labor Day;
Each holiday shall last for the purpose of
this Agreement from 5:00 p.m. the evening
before the holiday to 6:00 p.m. on the date
of the holiday. If the holiday falls on a
Friday, the holiday shall last from 5:00 p.m.
Thursday evening to 6:00 p.m. Sunday evening.
If the holiday falls on a Saturday or Sunday,
the holiday shall last from 5:00 p.m. Friday
to 6:00 p.m. Sunday. If the holiday falls on
a Monday, the holiday shall last from 5:00
p.m. Friday to 6:00 p.m. Monday.
Thanksgiving, for purposes of this Agreement,
shall last from 5:00 p.m. Wednesday evening
to 6:00 p.m. Sunday evening. Accordingly,
the Mother's Day holiday shall last from 5:00
p.m. Friday to 6:00 p.m. Sunday and the
Father's Day holiday shall last from 5:00
p.m. Friday to 6:00 p.m. Sunday.
4. The party picking up the child at any particular time
shall provide the transportation for the child.
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3.
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5. During the respective periods of custody, both Mother
and Father shall keep the other parent fully informed of the
location of the child and the phone numbers and places of any
temporary residence. Each parent shall permit and encourage
reasonable mail and telephone contact between the child and the
parent who is out of custody for any particular period.
6. Neither Father nor Mother shall use any controlled
substances in the presence of the child nor shall they consume
alcohol to the point of intoxication in the presence of the child
during any period of visitation.
7. Neither Father nor Mother shall do anything to estrange
the child from the other parent and both shall encourage the
child's relationship with the other parent. Specifically,
neither parent shall make, or permit any other person in the
household to make any remarks or do anything which in any way
could be construed as derogatory or uncomplimentary to the other
parent. It shall be the express duty of each parent to uphold
the other as one whom the child shall respect and love.
Additionally, neither parent shall make any derogatory or
uncomplimentary remarks about the friends, companions and
relatives of the other parent in the presence of the child.
8. With regard to any emergency decision which must be
made, the parent with whom the child is physically residing at
the time shall be permitted to make the decision necessitated by
the emergency without consulting the other parent in advance.
However, that parent shall inform the other of the emergency and
consult with him/her as soon as possible. Day to day decisions
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of a routine nature will be the responsibility of the parent
,
f having physical custody at the time.
9. Both parents shall have liberal rights to place phone
calls to the child when the child is in the custody of the other
parent.
10. It is the intention of the parties hereto that the
Court adopt this agreement and incorporated it into a Court
Order.
11. This agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
12. This agreement constitutes the entire understanding
between the parties, and there are no,covenants, representations,
or agreement, oral or written of any nature whatsoever, other
than those herein contained.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
WITNESS:
~~
witness
PATRICK WAYNE GALLAGHER
witness
JAN
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