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HomeMy WebLinkAbout99-05663,,_4 V t1? yr: 3 nI ?. 1 114 mm? 1-f tl ,re g o'H DANIEL L. HENSLEY and : IN THE COURT OF COMMON PLEAS OF ELVA ARLENE GLASS HENSLEY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. KATHY H. TRAYER, Defendant CIVIL ACTION -LAW NO, X19 S? CIVIL TERM IN CUSTODY /ORDER QF COURT AND NOW, this (4 day of SF. , 1999, upon presentation and consideration of the within Custody Stipulation and Agreement said Stipulation and Agreement is hereby made an Order of Court. All prior Orders in this matter are hereby vacated. BY THE COURT, d FILED-OFFICE OF T,,,'= r"-1r )N,10TA9Y 99 SEP 21 Ali I I1 53 CUI'AHR'LiANG G MY PENNSYLVANIA DANIEL L. HENSLEY and : IN THE COURT OF COMMON PLEAS OF ELVA ARLENE GLASS HENSLEY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. CIVIL ACTION - LAW KATHY H. TRAYER, NO.9q'S" CIVIL TERM Defendant IN CUSTODY CUSTODY STIJ!ULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter written, by and between DANIEL L. HENSLEY and ELVA ARLENE GLASS HENSLEY, (hereinafter referred to as "Grandparents") and KATHY H. TRAYER, (hereinafter referred to as "Mother"). WHEREAS, the Grandparents are the natural Grandparents and Mother is the natural parent of the child, namely, Carrie Elizabeth McGee, born August 1, 1982, (hereinafter referred as the "child"); and WHEREAS, the child is a product of rape by the biological Father, (hereinafter referred to as "rapist") and; WHEREAS, the rapist was never known to Mother, never identified, and never prosecuted; and WHEREAS, the rapist is still unknown and has never bad any contact with the child or paid support for the child; and WHEREAS, the parties wish to enter into an Agreement regarding the physical and legal custody of the child based upon the parties' present circumstances. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. The parties shall have shared legal custody of the child. 2. Grandparents shall have primary physical custody of the child. 3. Mother shall independently have periods of partial physical ustody with the child as the parties may agree. 4. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall, further, take any necessary steps to ensure that the health and well being of the child are protected. During such illness or medical emergency, each party shall have the right to visit the child as often as he/she deems consistent with the proper medical care of the child. 5. None of the parties shall do anything which may estrange the child from the other parties, or injure the opinion of the child as to the other parties, or may hamper the free and natural development of the child's love or affection for the other pasties. 6. Any permanent modification or waiver of the provision of this agreement must be in writing and shall be effective only if made in writing and executed with the same formality as this Stipulation and Agreement. This provision is not intended to prohibit the parties from temporarily agreeing upon modifications from time to time to provide for the best interests of the child. 7. The child has resided in Cumberland County, Pennsylvania with her Mother for the past ten (10) years, therefore, the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the child, The parties wish to have the within Stipulation and Agreement entered as an Order of Court in the Court of Common Pleas of Cumberland County which has jurisdiction of this matter and which Court shall retain jurisdiction of this matter should circumstances change and either parties desire or require modification of the Order. g. The parties acknowledge that entering into this Stipulation and Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of either party. 9. The parties acknowledge that they have read and understand the provisions of this Stipulation and Agreement. Each party acknowledges that the Stipulation and 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. WITNESS: Date DANIEL L. HENSLEY Date ELVA ARLENE GLASS HENSLE Date THY H 'RAYER 61 COMMONWEALTH OF 1ENNS: ?..S*6VANi c hu u Ste, SS. COUNTY OF 81 i;kl: ? On this the a 3'J day of 411999, before me, the undersigned officer, personally appeared DANIEL L. HENSLEY, 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 contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. i'i C 61ditS?lOfl -EXPIRE S`?yp ?p COMMONWEALTH OF PENNSYYLVKNIA : XX6*610- : SS. COUNTY OF Ek M8ffttAND On this the 3 rd day of Z -ak 'd E- , 1999, before me, the undersigned officer, personally appeared ELVA ARLENE GLASS HENSLEY, 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 seal. o:1t,n, iJ.d EXPEIL'?,?L3q zo-" STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this the P? day of officer, personally appeared 4&- , 1999, before me, the undersigned KATHY H. TRAYgR Proven) to be the ' known to me (or satisfactorily person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. P e 9d a? w i?