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HomeMy WebLinkAbout92-3885TAMMY SCHMIEDEL, Plaintiff V. TODD T. NEALY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 92-3885 CIVIL TERM IN CUSTODY PRIOR JUDGE: J. WESLEY OLER, JR. CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between Tammy Schmiedel (hereinafter referred to as "Mother") and Todd T. Nealy (hereinafter referred to as "Father") WHEREAS, the parties are the natural parents of two children, namely Courtney Nicole Nealy, born May 21, 1999, and Hannah Elizabeth Nealy, born November 7, 1994 (hereinafter referred to as "Children"); WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Children. WHEREAS, the parties had previously entered into an agreement relative to custody, which was a separate provision in the parties' Marriage Settlement Agreement dated January 27, 1999; WHEREAS, the parties have a subsequent Order denying a modification of those custody arrangements by Order dated August 23, 2000; and WHEREAS, the parties wish to set forth new terms and arrangements relative to custody of the children. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: I . The parties shall share legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children on the following basis: *3 -.W F&\ a.) Every other weekend from Friday evening at 16-.m- until Monday morning when Father will see that the children are delivered to school or, in the event there is a Monday without school, the children shall be returned to Mother by 9:00 a.m.; and b.) At other times as the parties may agree. 4. Each party shall be entitled to take two (2) one-week periods of vacation during the summer vacation months by giving the other party no less than sixty (60) days written notice of the desired vacation time. It is contemplated that the one week of vacation will extend from Friday to Friday to include that parent's weekend of physical custody, although nothing shall prohibit either parent from requesting of the other that they be granted an additional two days so that they can extend their vacation period for a period from Friday evening until the following Sunday evening. 5. The parties shall share physical custody of the children on the following holidays: Easter, Memorial Day, 4th of July, Labor Day, Thanksgiving Day and Christmas Day. These shared custody arrangement on said holidays may be implemented by alternating the holidays or by dividing the holidays in equivalent times and shall be agreed upon by the parties, at least, one week prior to each holiday. 6. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the children is protected. During such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 7. Neither parent shall do anything which may estrange the children from the other party, injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love and affection for the other party. 8. It is affirmed that the Court of Common Pleas of Cumberland County, Pennsylvania, had jurisdiction over the issue of custody of the children in this case at the time the proceedings were initiated and the Court has retained jurisdiction over these matters so that it is appropriate for the Court to enter an Order of Court. Further, the parties request that the Court of Common Pleas of the Cumberland County, Pennsylvania, enter this as an Order of Court. 9. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of , 2008, before me, the undersigned officer, personally appeared TAMMY SCHMIEDEL, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NOW AL sE&I PAUL 5EMDER Notnrv Public BRAITO N T f, MIFFLIN COUNTY/ My Commusion Expires Jun 13, 2009 COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of , 2008, before me, the undersigned officer, personally appeared TODD T. NEALY, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public PAUIL SEMDER Notary Public 6RATrON TWP, MIFFLIN COUNTY , My Commrssjcr Expires Jun 13, 200?D 10. 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 any duress or undue influence. 11. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 12. All prior Orders in this matter are hereby vacated. 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 hereinafter mentioned. WITNESSETH: j\1! ?/ q) ? / ?? f Da TAMMY SCHIV'IEDEL Date ODD T. ALY ?_? ' :;:? C_ . ? -; ? __? yy ??.) ? ? ?? ? ?? + ~ t.. n? 1 .FARM 2 9 2008 r? TAMMY SCHMIEDEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 92-3885 CIVIL TERM TODD T. NEALY, IN CUSTODY Defendant PRIOR JUDGE: J. WESLEY OLER, JR. ORDER OF COURT AND NOW this ?s day of J 2_T)_ , 2008, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, cc: Bradley L. Griffie, Esquire Attorney for Plaintiff Todd T. Nealy Pro Se ViNrJF1`1ASNN3d 9 £ s I I WV 1- 933 BOOZ AWIG v BOdd 3Hl dO 301140-0311