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HomeMy WebLinkAbout01-1641 FX ,;;;-~- . v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001, I (Pl+t CIVIL TERM JULIE WEIBLEY HENDERSON, Plaintiff ROBERT A HENDERSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into on the day and year hereinafter set forth, by and between JULIE WEIBLEY HENDERSON, hereinafter referred to as "Mother" and ROBERT A. HENDERSON, hereinafter referred to as "Father." WHEREAS, the parties are the natural parents of Carl Shea Henderson, born January 17, 1996; and WHEREAS, the parties wish to enter into an agreement relative to custody and partial custody of the child. NOW THEREFORE, m consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties agree as follows: 1. The Mother and Father shall have shared legal custody of the child. 2. Mother shall maintain primary physical custody of the child with periods of temporary physical custody belonging to the Father on alternating weeks, from 4:00 p.m. Friday through 5:00 p.m. Sunday. 1 3. Father shall enjoy two consecutive weeks of custody of the child during the summer, so long as reasonable, prior notice is provided to the Mother. 4. The parties shall have alternating physical custody of the child during the holidays, such that Mother shall have the holidays of Independence Day, and Thanksgiving Day in each odd,numbered year; and the holidays of Memorial Day, Labor Day, and Christmas in each even,numbered year. Father shall have the holidays of Independence Day, and Thanksgiving Day in each even,numbered year; and the holidays of Memorial Day, Labor Day, and Christmas in each odd, numbered year. 5. Mother shall enjoy custody of the children on Mother's Day, and Father shall enjoy custody of the children on Father's Day. 6. The parties shall have alternating physical custody of the child on the child's individual birthdays at such mutually agreed times as the parties deem proper. 7. Transportation of the child shall be shared by the parties, such that the party obtaining custody shall provide transportation. 8. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well,being of the child are protected. During such illness or medical 2 '~~~"7'" ,,",' "0' ':~'F,'-':':'~~-' ~, - "-"I''''!\f'',!",,,"'';,.;-,~,^,,!_,~-,> ':'., " - .',- > ~-':--"_~'. .'. 1-" " 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. The parties shall not do anything that may estrange the child from the other party, or lllJure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party. 10. The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the child. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 11. 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. 12. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Franklin 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 parties' minor child who has resided in Cumberland County for more than six 3 li"^d'- - '-, e,"',_ ~1''')'-'~!''-,<;\'-''-'':::'''~ --'i--- "',7""~ . -1 "'I'-~'" .. ,- '! '''7+1- -, - . -.., j--'. -~, 1"'"_1 ,"'" "."C' months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 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 duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms atures the day and year herein mentioned. Thomas S. Diehl, squire j n) ()\ Date (~\J\ _)~_~ Julie Weibley Hende , Mother 1J4U ~bert A. Henderson, Father !;,~l/lO6 t- Dite I AND NOW, this ORDER OF COURT ~ ~ day of f/l~ ,2001, upon presentation and consideration of the above Custody Stipulation and Agreement it is hereby ordered and directed that it be entered as an Order of Court. ~~ 03'~ 1. 4 H,~" - .__,""'"',,_ ,'I'_,,_~ -0',,"__"'" . ,,'~o,,_'___"._"'_~'e'.. " ___". J!l VINlf!\lASNN3d N.NnO;J or\!\f?~3~]VlJnO 8'1:2;,;,.1 q? ');"1 I~ ll'-'i j (" :. wi' 1,3 I f./\-i,'!'\." ',,"'1: ,AcJ\,'_(lj'.'\.,,-. :Vij """-'I, "- , ~ '" ".~ J ~ ~.!: 1l.,.1!!I'J= _ ,_~ "',c ~_,' . " ~ "., . ". ~ ..-, -~ -'" '-'0,. ,~ ,_'" "'~~- ,-"~,~,~~~ =-,< .~ "~~-~''''~~" _,il~'1!'!!Hl!j!ti'!5!E''>'fflff'fill!;'!'l!i'ji~'~l!\!~;!!ll;~~!1illm1iM'~~~!I!~t1lIlM!!h-_"..~",'4'; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS On this n day of fYbfr h , 2001, before me, the undersigned officer, personally appeared JULIE WEIBLEY HENDERSON known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ lu:iiJ{{ 11M tuJ Notary PublIc - - - ~ - r COMMONWEALTH OF PENNSYLVANIA COUNTY OF C..HmD.e f 10J'(j : SS On this /1 day of fY7a/lcJJ , 2001, before me, the undersigned officer, personally appeared ROBERT A. HENDERSON known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. , ~,," 5 ,'1' ~"""~',-,-''''-'--~< ,~, ~-,:'7'"-.t~ ,F'l'!'!"'t"'~_,;,-,,- ,,_1_"~ ,- .~=- ,- no' ,.,,-,.^<.