HomeMy WebLinkAbout01-04981DIANNA S. DIVELY, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
CEP 4 ~ 2941
vs.
CIVIL ACTION - LAWI
DIANE J. CHRISTY NO. O/- ~(4~/c~ v~ l
Defendant, : IN CUSTODY
ORDER OFrCOURT
AND NOW, this ~ day of _ ~\_, 2001, IT IS HEREBY
ORDERED AND DECREED that the within Custody Stipulation and Agreement shall be
made an Order of Court.
cc: Marylou Matas, Esquire, ~ in-u.-z~~ q.io_ n i
Attorney for Plaintiff
Diane J. Christy, pro se
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DIANNA S. DIVELY,
Plaintiff
vs.
DIANE 7. CHRISTY
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND- COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. o1~y~g~
IN CUSTODY
CUSTODY STIPULATION AND AGREEMENT
THIS AGREEMENT AND STIPULATION entered into the day and year
hereinafter set forth, by and between DIANNA S. DIVELY, (hereinafter referred to as
"Dively") and DIANE J. CIIRIS7Y (hereinafter referred to as "Mother").
WHEREAS, Mother is the natural parent of one child, namely, Jasmyn Joy
Christy, born July 3, 1995, (hereinafter referred to as "Child"); and
WHEREAS, the natural father of the child is unknown; and
WHEREAS, Dively is a party unrelated to the Child, but with whom the child
presently resides;
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements as hereinafter set forth, the parties agree as follows:
1. Dively shaIl have primary physical and legal razstody of the child.
2. Mother shall have periods of partial physical custody or visitation with the
child as the parties may mutually agree, provided that:
a) Mother must remain sober during all periods of partial custody or
visitation;
b) There shall be no consumption of alcohol or illegal drugs by any party
while in the child's presence; and
c) Mother shall not expose the child to criminal or illegal activity or behavior
of any kind during her periods of partial custody or visitation.
d) Mother shall provide an exact location with address and telephone number,
if available, of where she will exercise her periods of partial custody or
visitation to Dively.
3. For tax purposes, the parties agree that Dively will claim the child as a
dependent for the year 2001 and all years thereafter unless the parties agree
otherwise.
4. The parties will keep each other advised immediately in the event of serious
illness or medical emergency concerning the child and further shall take any
necessary steps to ensure that the health and welfl-being of the child is
protected. During such illness or medical emergency, all parties shall have the
right to visit the child as often as she desires consistent with the proper medical
care of the child.
5. The parties agree that Dively will provide medical insurance coverage for the
child, and that Mother will pay fifty percent (50%) of all unreimbursed medical
expenses for the child within thirty (30) days of being requested to do so by
Dively.
6. 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.
7. The parties desire that this Stipulation and agreement be made an Order of
Court to the Court of Common Pleas of Cumberland County, and further
acknowledge that the Court of Common Pleas of Cumberland County does, ui
fact, have jurisdiction over the issue of custody of the minor child, who has
resided for her entire life in Cumberland County, and shall retain such
jurisdiction should circumstances change and either party desire or require
modification of said Order.
8. 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.
9. 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 hereof, set forth their hands and seals the day and year herein mentioned.
WITNESSES:
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Date
Date
a~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this the /, j ~ day of 1;~ , 2001, before me, the undersigned
officer, personally appeared Dianna 5. Dively, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within Agreement and acknowledged that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seat.
Notadal Seal
Robin'J. Goshom, Notary public
Carlisle Boro, Cumberland CortrNy
My Commission Expivas Apr. 17, 2Q03
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this the ~ ~~ day of~ , 2001, before me, the undersigned
officer, personally appeared Diane J. Christy, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within Agreement and acknowledged that he
executed the same for the purposes therein comained.
IN WITNESS WHEREOF, I hereunto setyn~y hand and official seal.
NOTARIAL SEAL
b'Vendy M. Burkholder, Notary Public
Carlisle, Cumberland County
rommiaaictt Expires June 7, 2003
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DIANNA S. DIVELY,
Plaintiff/Respondent
v.
DIANE J. CHRISTY,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
IN CUSTODY
NO. 01-4981 CIVIL TERM
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the Family Law Clinic on behalf of the Defendant, Diane J.
Christy, in the above captioned matter.
February 6, 2003 ~~
Leah M. avenport
Certified Legal Intern
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THOM S LACE
ROBER .RAINS
LUCY JOHNSTON-WALSH
Supervising Attorneys
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
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DIANNA S. DIVELY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. :CIVIL ACTION -LAW
DIANE J. CHRISTY, NO. 01-4981 CIVIL TERM
Defendant : IN CUSTODY
ACCEPTANCE OF SERVICE
I, DIANE J. CHRISTY, Defendant, acknowledge that I received a certified and true copy
of a Custody Stipulation and Agreement and related Order of Court dated September 10, 2001,
in the above captioned action by first class mail, postage prepaid, on or about November
~, 2001.
Date: ~ L~~ "I ~ ~
DIANE J. CHRISTY efendant
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h1AR 1 4 2003 ~f
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DIANNA S. DIVELY, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
IN CUSTODY
DIANE J. CHRISTY,
Defendant/Petitioner : NO. 01-4981 CIVIL TERM
ORDER
AND NOW this ~., day of , 2003, the attached Custody
Agreement, which vacates the prior Custody Order, dated September 10, 2001, is approved
and entered as an Order of Court.
cc: Family Law Clinic, Attorneys for Petitioner _
Dianna S. Dively, Respondent '~"f'~~° ~~~`°^-~~ ~-~~' ~~
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DIANNA S. DIVELY, IN THE COURT OF COMMON PLEAS OF
PlaintifffRespondent :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
IN CUSTODY
DIANE J. CHRISTY,
Defendant/Petitioner : NO. 01-4981 CIVIL TERM
CUSTODY AGREEMENT
THIS AGREEMENT, made this t l°~iday of March 2003, between petitioner, Diane J.
Christy, by and through her attorneys, the Family Law Clinic, and respondent, Diana S. Dively,
concerns the custody of the child, 7asmyn Joy Christy (hereinafter "Child"), born 3uly 3, 1995.
Petitioner is the Mother of the Child. Respondent is a family friend. Petitioner and
respondent entered into a Custody Agreement that gave respondent custody of the Child. This
agreement was made an Order of Court on September 10, 2001.
2. On or about Mazch 1, 2003, respondent returned the Child to petifioner.
Petifioner and respondent agree that the Custody Order, dated September 10,
2001, be vacated.
4. Respondent now represents herself, and is no longer represented by her attorney
of record, Marylou Matas, Esquire.
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The parties intend to be bound by the terms of this Agreement and intend for
this Agreement to be made an Order of Court.
Diana S. Dively
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Diane J. Christy
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Leah M.D venport
Certified Legal Intern
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HOM ~~~ .PLACE
ROBERT E. RAINS
LUCY JOHNSTON-WALSH
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717)243-2968
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