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GERALD E. TENNY, 11/, .
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO.DI--I..SQJ"CIVIL TERM
ESTHER L. TENNY,
Defendant
: CUSTODY
AND NOW THIS
O't~Ef.PJ ~URT
~day o~~ upon the Stipulation of the parties, and
their agreement as to the best interest and welfare of their minor children, TYLER DREW
TENNY, born January 1, 1995, presently 6 years of age, and TRAVIS GERALD TENNY, born
February 25, 1998, presently 3 years of age, it is Ordered and Decreed as follows:;
1. The parties will share legal custody of the children.
2. Mother shall have primary physical custody of the children and they shall
maintain their primary residence in her home.
3. Father shall enjoy partial physical custody on a regular schedule to include
weekend visitation as follows:
a. Weekend visitation - during the summer school break: On alternate weekends
from Friday at 6:00 p.m. to Monday at 8:30 a.m.
b. Weekend visitation - during the school year: Except as modified by holiday
visitation, every other weekend, from Friday afternoon at 6:00 p.m. through Sunday
evening at 6:00 p.m. beginning with the weekend of September 14 -16,2001.
c. In addition to alternate weekends, for 2001: October 5 -7, Friday afternoon at
6:00 p.m. - Sunday evening at 6:00 p.m.
4. The parties shall share physical custody of the children for holiday and vacation
visitation as follows:
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a. In odd years, Gerald will have custody of the children from the end of work on
Christmas Eve through 2:00 p.m. on Christmas Day, and in even years from 2:00 p.m.
on Christmas Day through 12 noon on December 26. In even years, Esther will have
custody of the children from the end of work on Christmas Eve through 2:00 p.m. on
Christmas Day, and in odd years from 2:00 p.m. on Christmas Day through 12 noon on
December 26.
b. In odd years, Gerald will have custody of the children from 6:00 p.m. the night
before Thanksgiving Day until 2:00 p.m. of the holiday, and in even years will have them
from 2:00 p.m. on Thanksgiving until 8:30 a.m. the next morning. In even years, Esther
will have the children on Thanksgiving day until 2:00 p.m. and in odd years she will have
them from 2:00 p.m. on Thanksgiving Day, according to the usual schedule.
c. In odd years Gerald will have custody of the children on Easter Sunday, from
9:00 a.m. to 6:00 p.m and on Memorial Day and Labor Day from 6:00 p.m. the afternoon
before the holiday until 6:00 p.m. on the holiday. Esther will have custody of the children
on the same schedule in even years.
d. In even years Gerald will have the children for the Fourth of July holiday from
6:00 p.m. the evening before the holiday until 6:00 p.m. the day of the holiday. Esther
will have custody of the children for the Fourth of July in odd years.
e. The parties will share New Years Eve through New Years Day (Tyler's
birthday) with one parent having custody from end of work on New Year's Eve through
2:00 p.m. on New Year's Day one year, and the other having from 2:00 p.m. on New
Year's Day through the next morning. Gerald will have custody for New Year's Eve in
odd years and Esther will have New Years Eve in even years.
f. The parties will each be entitled to some time on or near February 25 (Travis's
birthday) -to allow each parent to celebrate the birthday with Travis.
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g. Gerald will have the children each year on Father's Day - at least from 9:00
a.m. to 6:00 p.m.
h. Esther will have the children each year on Mother's Day - at least from 9:00
a.m. to 6:00 p.m.
5. Gerald may, upon 30 days prior notice to Esther, exercise the right to additional
periods of custody of the children for an extended vacation period during summer school break,
to include up to one week each June, after school ends, two one week periods in July, and two
one week periods in August, before school begins. Such weeks of visitation shall not be
scheduled during regular scheduled weekends, or holidays of Esther, or during periods for
which prior vacation plans of Esther were known to Gerald. Esther shall not schedule vacation
plans during Gerald's regular scheduled weekends.
6. Each party shall try to coordinate his or her vacation plans with the plans of the other
party and give the other party the maximum notice possible of his or her vacation schedule.
7. The transfer of custody shall occur on Monday mornings with Gerald delivering the
children to Esther in the parking lot of Hardee's Restaurant on Paxton Street in Harrisburg, or at
such other place as may be agreed by the parties to be convenient to their places of work.
8. The transfer of custody shall occur at other times with Gerald delivering the children
to Esther in the parking lot of Arby's Restaurant at the Camp Hill Mall, in Camp Hill, or at such
other place as may be agreed to by the parties to be convenient.
9. The parties shall cooperate to the maximum extent possible to facilitate their joint
legal custody and shared physical custody in the best interest of their children. They shall
refrain from speaking ill of the other party in front of the children. They shall cooperate as
necessary to facilitate the custody and visitation schedule set forth herein to promote the best
interest of their children, and shall provide each other with the maximum notice possible of any
request for modification of the above schedule.
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1 O. This Order is entered upon the consent of the parties and their agreement that in the
event that either party seeks to request a modification of this Order, this Order shall be
considered as a temporary Order, subject to modification upon request. Nonetheless, it shall
remain in full force and effect until modified by further Court Order.
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GERALD E. TENNY, III,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO.61~Wi:l,)" CIVIL TERM
ESTHER L. TENNY,
Defendant
: CUSTODY
STIPULATION FOR CUSTODY
GERALD E. TENNY, III, (Father) and ESTHER L. TENNY, (Mother) parties to the
above action, and their respective counsel agree as follows:
WHEREAS, the parties are the parents of two minor children born to their marriage,
TYLER DREW TENNY, born January 1, 1995, presently 6 years of age, and TRAVIS GERALD
TENNY, born February 25, 1998, presently 3 years of age; and
WHEREAS, an Order of Court dated May 20, 1999, related to the custody of their
children was entered on the parties' stipulation and agreement; and
WHEREAS, since the time of such Order of Court, there have been changes in
circumstances of the parties, and the parties wish to amend the custody Order to reflect their
current circumstances and the revised agreement which they have reached regarding the
present custody and best interests of their minor children.
NOW THEREFORE, the parties hereto do stipulate and agree that the best interests
and welfare of their said children will be served by the following:
1. The parties will continue to share legal custody of the children.
2. Mother shall have primary physical custody of the children and they shall maintain
their primary residence in her home.
3. Father shall enjoy partial physical custody on a regular schedule to include weekend
visitation as follows:
a. Weekend visitation - during the summer school break:
For 2001:
August 3 - 5, Friday afternoon at 6:00 p.m. - Sunday evening at 6:00 p.m. If scheduled
court hearing is cancelled, then through Monday morning at 8:30 a.m.
August 10- 12, Friday afternoon at 6:00 p.m. - Monday morning at 8:30 a.m.
August 17 - 20, Friday afternoon at 6:00 p.m. - Monday morning at 8:30 a.m.
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AuguS! 24 - 2,7, Friday afternoon at 6:00 p.m. - Monday morning at 8:30 a.m.
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September 3, 2001, 9:00 am to 6:00 p.m. - Monday afternoon, labor Day, at 6:00 p.m.
For future summer school break periods, on alternate weekends from Friday at 6:00
p.m. to Monday at 8:30 a.m.
b. Weekend visitation - during the school year:
Except as modified by holiday visitation, every other weekend, from Friday afternoon at
6:00 p.m. through Sunday evening at 6:00 p.m. beginning with the weekend of September 14 -
16,2001.
In addition to alternate weekends, for 2001:
September 7 - 9, Friday afternoon at 6:00 p.m. - Sunday evening at 6:00 p.m.,
October 5 - 7, Friday afternoon at 6:00 p.m. - Sunday evening at 6:00 p.m.
4. The parties shall share physical custody of the children for holiday and vacation
visitation as follows:
a. In odd years, Gerald will have custody of the children from the end of work on
Christmas Eve through 2:00 p.m. on Christmas Day, and in even years from 2:00 p.m. on
Christmas Day through 12 noon on December 26. In even years, Esther will have custody of
the children from the end of work on Christmas Eve through 2:00 p.m. on Christmas Day, and
in odd years from 2:00 p.m. on Christmas Day through 12 noon on December 26.
b. In odd years, Gerald will have custody of the children from 6:00 p.m. the night before
Thanksgiving Day until 2:00 p.m. of the holiday, and in even years will have them from 2:00
p.m. on Thanksgiving until 8:30 a.m. the next morning. In even years, Esther will have the
children on Thanksgiving day until 2:00 p.m. and in odd years she will have them from 2:00
p.m. on Thanksgiving Day, according to the usual schedule.
c. In odd years Gerald will have custody of the children on Easter Sunday, from 9:00
a.m. to 6:00 p.m and on Memorial Day and labor Day from 6:00 p.m. the afternoon before the
holiday until 6:00 p.m. on the holiday. Esther will have custody of the children on the same
schedule in even years.
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d. In ~ven y~ars Gerald will have the children for the Fourth of July holiday from 6:00
p.m. the evening before the holiday until 6:00 p.m. the day of the holiday. Esther will have
custody of the children for the Fourth of July in odd years.
e. The parties will share New Years Eve through New Years Day (Tyler's birthday) with
one parent having custody from end of work on New Year's Eve through 2:00 p.m. on New
Year's Day one year, and the other having from 2:00 p.m. on New Year's Day through the next
morning, Gerald will have custody for New Year's Eve in odd years and Esther will have New
Years Eve in even years.
f. The parties will each be entitled to some time on or near February 25 (Travis's
birthday) -to allow each parent to celebrate the birthday with Travis.
g. Gerald will have the children each year on Father's Day - at least from 9:00 a.m. to
6:00 p.m.
h. Esther will have the children each year on Mother's Day - at least from 9:00 a.m. to
6:00 p.m.
5. Gerald may, upon 30 days prior notice to Esther, exercise the right to additional
periods of custody of the children for an extended vacation period during summer school break,
to include up to one week each June, after school ends, two one week periods in July, and two
one week periods in August, before school begins. Such weeks of visitation shall not be
scheduled during regular scheduled weekends, or holidays of Esther, or during periods for
which prior vacation plans of Esther were known to Gerald. Esther shall not schedule vacation
plans during Gerald's regular scheduled weekends.
6. Each party agrees to try to coordinate his or her vacation plans with the plans of the
other party and give the other party the maximum notice possible of his or her vacation
schedule.
7. The parties agree that the transfer of custody shall occur on Monday mornings with
Gerald delivering the children to Esther in the parking lot of Hardee's Restaurant on Paxton
Street in Harrisburg, or at such other place as may be convenient to both parties places of
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work.
8. The parties agree that the transfer of custody shall occur at other times with Gerald
delivering the children to Esther in the parking lot of Arby's Restaurant at the Camp Hill Mall, in
Camp Hill, or at such other place as may be convenient to both parties.
9. The parties agree to cooperate to the maximum extent possible to facilitate their joint
legal custody and shared physical custody in the best interest of their children. They agree to
refrain from speaking ill of the other party in front of the children. They agree to cooperate as
necessary to facilitate the custody and visitation schedule set forth herein to promote the best
interest of their children, and shall provide each other with the maximum notice possible of any
request for modification of the above schedule.
10. The parties agree that the terms of this Stipulation shall be submitted to the Court
with the request that the matter be settled upon the terms set forth herein and that such terms
be adopted by the Court an made part of an Order of Court for custody in the above-captioned
matter.
11. The parties agree that this Stipulation is entered into for the purpose of obtaining an
Order of Court to protect the present custody rights of both parties. The parties agree that in
the event that either party seeks to request a modification of the Order to be entered at this
time, that such Order and this Agreement shall be considered as a temporary Order, subject to
modification upon request. Nonetheless, it is the intention of the parties that this Stipulation and
the Order of Court to be entered thereon shall remain in full force and effect until modified by
further Court Order or agreement of the parties.
12. The parties acknowledge that they have relocated since the time this action was
originally filed and that Dauphin County is no longer the home county of the children. The
parties agree that this action shall be transferred or refiled in Cumberland County and that they
will seek an Order of Court for Custody upon the terms of this Stipulation.
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The parties do verify that they stipulate as set forth above and that the statements herein
are true and correct to the best of their knowledge
GERALD E. TENNY, III
Plaintiff
ROBERT PETER KLINE, ESQUIRE
Attorney for Plaintiff
S HER L. TENN
Defendant
{lQ
ANDREA . J COBSEN, ESQUIRE
Attorney for efendant
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AUG-02-2001 08'34
JACOBSEN 8. ~I I LKES
717 249 8427 P.06
The parties do verify that they stipulate as set forth above and that the statements
best of their knowle 9
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a d~ and belief.
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