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HomeMy WebLinkAbout04-0683STEPHANIE OLLESTAD, Plaintiff CHRISTOPHER OLLESTAD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- 6,~3 ~ CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your fight to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 1701'3 Telephone (717) 249-3166 STEPHANIE OLLESTAD, Plaintiff CHRISTOPHER OLLESTAD, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- (,~$ ~ '~z,~ CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiffis Stephanie Ollestad, who currently resides at 631 Factory Street, Carlisle, Pennsylvania 17013. 2. Defendant is Christopher Ollestad, who currently resides at 2501 9th Street North, Apartment 1, Fargo, North Dakota 58102. 3. Plaintiff has been a bonafide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 24, 2000, in Carlisle, Pennsylvania 17013. 5. 6. 7. right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff may have the MARTSON DEARDORFF WILLIAMS & OTTO Steven J. Shanahan, Esquire Attorney ID No. 90917 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: February 17, 2004 VERIFICATION I verify that the statements contained herein are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Stephanie Ollestad STEPHANIE OLLESTAD, Plaintiff CHRISTOPHER OLLESTAD, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-683 CIVIL ACTION - LAW 1N DIVORCE PRAECIPE TO THE PROTHONOTARY: Please reinstate the attached Complaint and return to counsel for service. Respectfully submitted MARTSON DEARDORFF WILLIAMS & OTTO Date: March 19, 2004 By..~/~/~-~ Steven J. S~ana~an, Esquire Attorney I.D. No. 90917 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff STEPHANIE OLLESTAD, Plaintiff CHRISTOPHER OLLESTAD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-683 CIVIL ACTION - LAW IN DiVORCE AFFIDAVIT OF SERVICE OF COMPLAINT IN DIVORCE COMMON~VE~TH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Christopher Ollestad at 2501 9th Street North, Apartment 1, Fargo, North Dakota 58102, on April 2, 2004, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Christopher Ollestad" and dated April 6, 2004. MARTSON DEAR2DORFF W1LLIAMS & OTTO Attorney ID No. !90917 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscribed before me this/~3th day of April, 2004. Notary Public CMy '" NOTARIAL SEAL VICTORIA L OTTO, NOTARY PUBLIC ARLISLE 60RO. CUMBERLAND COUNTY COMMISS ON EXPIRES DEC. 2, 2006 CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent ofMartson iDeardorffWilliams & Otto, hereby certify that a copy of the foregoing Affidavit of Service of Complaint in Divorce was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Harold S. Irwin, III, Esquire LAW OFFICE OF HAROLD S. IRWIN, iii 64 South Pitt Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO nueJ~ A. Decker n E{tit High Street Carlisle, PA 17013 (717) 243-3341 Dated: April/,fl, 2004 STEPHANIE OLLESTAD, Plaintiff CHRISTOPHER OLLESTAD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-683 CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in December of 2001 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Date: 6',~ ¢?0 5,/ .~:J~i9~-~'-°~/4'~- · Stephanie Ollestad, Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Harold S. Irwin, 11I, Esquire LAW OFFICE OF HAROLD S. IRWIN, III 64 South Pitt Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO ~ffn~cia D. Eckefiroad ~J [ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 28, 2004 STEPHANIE OLLESTAD, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER OLLESTAD, DEFENDANT : 04-683 CIVIL TERM ORDER OF COURT AND NOW, this "~'~-- day of June, :2004, plaintiff's praecipe for the entry of a final decree in divorce, IS DENIED at this time.~ By the Cou~,,~ ,,~teven J. Shanahan, Esquire For Plaintiff :saJ Ob-03 ~ Plaintiff has not filed or served a notice of intention to request entry of a Section 3301(d) Divorce Decree. C I :t Y~ S- H~? ~l~OZ STEPHANIE OLLESTAD, Plaintiff CHRISTOPHER OLLESTAD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-683 CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REOUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: CHRISTOPHER OLLESTAD, Defendant, and his attorney, HAROLD IRWIN, ESQUIRE You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or a!~ter June 28, 2004, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of thc court an answer with your signature notarized or verified or a counter-affidavit by the above date, the cour~ can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone docs not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17012; Telephone (717) 249-3166 Date: June 7, 2004 MARTSON DEARDORFF WILLIAMS & OTTO By Steven J. Sh~tahan, Esqu Attorney I.D. No. 90917 Ten East High. Street Carlisle, PA 17013-3093 (717) 243-334.1 Attorneys for Plaintiff STEPHANIE OLLESTAD, Plaintiff CHRISTOPHER OLLESTAD, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-683 CIVIL ACTION - LAW 1N DIVORCE COUNTER-AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree,~ the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: Plaintiff/Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT- CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Notice of Intent was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Harold S. Irwin, IH, Esquire 64 South Pitt Street Carlisle, PA 17013 Mr. Christopher Ollestad 2501 9th Street North Apartment 1 Fargo, ND 58102 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High :Street Carlisle, PA 17013 (717) 243-3341 Dated: June 7, 2004 STEPHANIE OLLESTAD, Plaintiff CHRISTOPHER OLLESTAD, Defendant TO THE PROTHONOTARY: 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04~683 CIVIL ACTION - LAW IN DIVORCE PRAECIPE Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divome: irretrievable breakdown under Section 3301 (d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: via certified mail, restricted delivery, return receipt requested on April 6, 2004. Affidavit of Service filed on April 15, 2004. 3. Date of execution of the Plaintiff's affidavit required by § 3301(d) of the Divorce code: April 26, 2004. Date of filing and service of the Plaintiff's affidavit upon the respondent: Filed April 28, 2004, and served upon Defendant's counsel on or about April 28, 2004. 4. Related claims pending: None. 5. Defendant failed to file a counter-affidavit. Therefore, pursuant to Pa. R.C.P. 1920.42 (a) (2), Plaintiff has filed this Praecipe to Transmit the record. Date: Respectfully sub:mitted MARTSON DE)dLDORFF WILLIAMS & OTTO By Steven J. Sht{nafi~n, Esquire Attorney I.D. No. 90917 Ten East Hi~t Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Mart$on DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 MARTSON DEARDORFF WiLLIAMS & OTTO Carlisle, PA 17013 (717) 243-334.1 Dated: ~j.,,fl~ //Z/d2~ STEPHANIE OLLESTAD, Plaintiff V. CHRISTOPHER OLLESTAD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-683 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divome: irretrievable breakdown under Section 3301 (d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: via certified mail, restricted delivery, return receipt requested on April 6, 2004. Affidavit of Service filed on April 15, 2004. 3. Date of execution of the Plaintiff's affidavit required by § 3301(d) of the Divorce code: April 26, 2004. Date of filing and service of the Plaintiff's affidavit upon the respondent: Filed April 28, 2004, and served upon Defendant's counsel on or about April 28, 2004. 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d)(1)(i) of the Divome Code: June 7, 2004, via first class mail to Defendant's attorney, Harold S. Irwin, Esquire. Respectfully submitted By (~ ~-i~ . Attorney I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: June 28, 2004 STEPHANIE OLLESTAD, Plaintiff CHRISTOPHER OLLESTAD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-683 CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: CHRISTOPHER OLLESTAD, Defendant, and his al~torney, HAROLD IRWIN, ESQUIRE You have been sued in an action for divorce. You have failed to answer the com~lain[Or a counter-affidawt to the § 3301(d) affidawt. Therefore on or after June 28, 2004~ the ot .h~r: p_ar~ can request the court to enter a final decree in divorce.. If you do not file with the prothonotary of the court tm answer w~th your s!gnature~tanzfiW or verified or a counter-affidavit by the above date, the court can enter a final decree in (iiyorce;5~ counter-affidavit which you may file with the prothonotary of the court is attache~to tl~ notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavi~I alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 ~[ 66 Date: June 7, 2004 MARTSON DEARDORFF WILLIAMS & OTTO Steven J. Shatlahan, Esquire Attorney I.D. No. 90917 Ten East I-ligh Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff STEPHANIE OLLESTAD, Plaintiff CHRISTOPHER OLLESTAD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-683 CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fi~es or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Plaintiff/Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE, ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Notice of Intent was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 Mr. Christopher Ollestad 2501 9th Street North Apartment 1 Fargo, ND 58102 MARTSON DEARDORFF WILLIAMS & OTTO Yfic~a-D. E-cite 3rl'~ff Ten East High Street Carlisle, PA 17013 (717) 243 -3 :t41 Dated: June 7, 2004 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO em'o~d Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 28, 2004 1N THE COURT OF COMMON PleAS OF CUMBERLAND COUNTY STATE OF PEN NA. STEPP~_NT E OLLESTAD VERSUS CHRISTOPHER OLLESTAD N O. __o4-68~' DECrEe IN DIVORCE DECREEd That STEPHANIE OLLESTAD , PLAI NTI ff, AND CHRISTOPHER OLLEST/~D , deFENdaNt, ARE DIVORCED FROM THE BONDS Of MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None, ~ '--'"""""~ ~::~ ROTH 0 N OTA RY STEPHANIE OLLESTAD, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-683 CIVIL ACTION - LAW : CHRISTOPHER OLLESTAD, : Defendant : 1N DIVORCE CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between STEPHANIE OLLESTAD (hereinafter referred to as "MOTHER") and CHRISTOPHER OLLESTAD (hereinafter referred to as "FATHER"). WHEREAS, the parties wish to enter into an agreement relative to custody and visitation of the children, Jordan L. Ollestad, bom June 28, 2001, and Noah C. Ollestad, born June 24, 2002; NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. MOTHER and FATHER shall have joint legal custody of the children, meaning that MOTHER and FATHER shall decide on all matters of importance relating to the child's health, welfare, maintenance and education. 2. MOTHER shall have sole physical custody of the children. 3. FATHER shall have supervised visitation of the ,children at such times as the parties mutually agree. All visitation shall occur in MOTHER's presence and at her residence unless the parties otherwise mutually agree. 4. On Father's Day, FATHER shall always have the opportunity to visit the children in MOTHER'S resen · p ce and at her residence unless the parties othem,ise mutually agree. MOTHER shall always have the children on Mother's Day. 5. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. 6. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. Both parties will endeavor to foster a relationship between the children and both parents. 7. Any modification or waiver of any of the provisions ofthis Agreement shall be effective only if made in writing and only if executed with the same formality .as this Stipulation and Agreement. 8. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland 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 children and shall retain such jurisdiction, should circu:mstances change and either party desire or require modification of said Order. 9. 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. 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. 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. WI TNE S S: COMMONWEALTH OF PENNSYLVANIA ) Stepha_nie Ollesta~d, Mother Christopher Ollestad, Father SS. COUNTY OF CUMBERLAND ) / On this, the ~ day of D, a / ~,, ~/~ officer, personally appeared Stephanie ailerons d,~own ~ . , 200~.., before me, the undersigned , to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHFRFOF, I NOTARIAL SEAL TRICIA D. ECKENROAD, Notary Public! ~sle Bor~., C_umbedand County [ · . '. ' .~t, 2.004 ] STATE OF NORTH DAKOTA COUNTy OF _ hereunto set my hand and official seal. ary Public - SS. On this, the <:D{. day of ~..~0~,--~ 2004, before me, the undersigned officer, personally appeared Christopher Ollestad, knoX'~vn to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. 1N WITNESS WHEREOF, I here_unto set my hand and official seal. ¶ State of North Dakota J~ c~otary Public I ~Y-C _°~nm_tssL°n_Ex~ire_s 0__0t_2,__200_7 .[ (SEAL) STEPHANIE OLLESTAD, Plaintiff CHRISTOPHER OLLESTAD, Defendant 1N THE COUI~',T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-683 CIVIL ACTION - LAW IN DIVORCE CUSTODY STIPULATION AND AGI~EEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between STEPHANIE OLLESTAD (hereinafter referred to as "MOTHER") and CHRISTOPHER OLLESTAD (hereinafter referred to as "FATHER"). WHEREAS, the parties wish to enter into an agreement relative to custody and visitation of the children, Jordan L. Ollestad, bom June 28, 2001, and Noah C. Ollestad, born June 24, 2002; NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. MOTHER and FATHER shall have joint legal custody of the children, meaning that MOTHER and FATHER shall decide on all matters of importance relating to the child's health, welfare, maintenance and education. 2. MOTHER shall have sole physical custody of the children. 3. FATHER shall have supervised visitation of the children at such times as the parties mutually agree. All visitation shall occur in MOTHER's presence and at her residence unless the parties otherwise mutually agree. 4. On Father's Day, FATHER shall always have the opportunity to visit the children in MOTHER'S presence and at her residence unless the parties otherwise mutually agree. MOTHER shall always have the children on Mother's Day. 5. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. 6. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. Both parties will endeavor to foster a relationship between the children and both parents. 7. 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. 8. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction ewer the issue of custody of the parties' minor children and shall retain such jurisdiction, should circumstances change and either party desire or require modification of said Order. 9. 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. 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. 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:~2~ Stepha~nie DllestaTd, Mother Christopher Ollestad, Father COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) On this, the ~ day of ~.J~6~ ,2004, before me, the undersigned officer, personally appe~red Stephanie Ollestfld, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHERV, OF, I hereunto set my hand and ofl~icial seal. NOTARIAL SEAL Carlisle Bore., Cumberland County ~ - Notary Pub].ic -/ STATE OF NORTH DAKOTA COUNTy OF 0_ff~r~ SS. On this, the <D [ day of ~.s~ 2004, before me, the undersigned officer, personally appeared Christopher Ollestad, knoXSwn to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and offi[cial seal. ~ Notary Public ~ ~0. /x~ ~ ~l Hate of North Dakota [ Notary Public (.~ ] _My_C _o~-nm_lssl_on_Ex_pire_s O_ct_2,_200_7 [ (SEAL) STEPHANIEOLLESTAD, Pl~ntiff CHRISTOPHER OLLESTAD, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAN[D COUNTY, PENNSYLVANIA NO. 04 -683 CIVIL ACTION - LAW IN CUSTODY ~_ ORDER AND NOW, this ~ ~aY of AuguSt, Z upon contsideration of the within Custody Stipulation and Agreement, the terms o£ said Custody Stipulation and Agreement are hereby made an Order of Court. BY THE COURT,