Loading...
HomeMy WebLinkAbout01-6583MARLO D. HEAGY, JAY A. HEAGY, Plaintiff : : : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. O I'C,,.Sg2 CIVIL ACTION - LAW IN CUSTODY CUSTODY AGREEMENT WHEREAS, Marlo D. Heagy, hereinafter referred to as "MOTHER" and Jay A. Heagy, hereinafter referred to as "FATHER" are the natural parents of one minor child, Christian A. Heagy (D.O.B. 9/25/96); and WHEREAS, FATHER and MOTHER desire to make arrangements for the custody and visitation of said child; and WHEREAS, both parties have been advised by counsel or have had the opportunity to so be advised by counsel; and WHEREAS, the parties intend to submit this Custody Agreement to the Court of appropriate jurisdiction for merger into a Court Order approving said Agreement; NOW, THEREFORE, it is hereby stipulated and agreed as follows: 1. MOTHER and FATHER shall have shared legal custody of the minor child and shall consult with one another with respect to major decisions affecting the child , including medical, educational, and religious matters. 2. MOTHER shall have primary physical custody of Christian A. Heagy. 3. FATHER shall have partial physical custody of the minor child during the following times: Document #: 219714.1 (a) Every other weekend from Friday evening at 6:00 p.m. until Sunday evening at 7:00 p.m. with FATHER having the weekend of November 16, 2001. (b) Every Monday and Wednesday evening commencing at 6:00 p.m. through the following morning. FATHER shall drop off the minor child at MOTHER's residence no later than 7:00 a.m. (c) FATHER shall have the child on Father's Day and MOTHER shall have the child on Mother's Day. This visitation shall be from 8:00 a.m. until 8:00 p.m. unless otherwise agreed by the parties. (d) The parties will alternate the following holidays from year to year: New Year's Day, Easter Sunday, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. In odd numbered years FATHER shall have New Year's Day, Memorial Day, and Labor Day, and MOTHER shall have Easter Sunday, Fourth of July, and Thanksgiving. In even numbered years MOTHER shall have New Year's Day, Memorial Day, and Labor Day, and FATHER shall have Easter Sunday, Fourth of July, and Thanksgiving. The visitation on the designated holidays shall run from 8:00 a.m. to 8:00 p.m. unless otherwise agreed by the parties. (e) The Christmas holiday will be divided into two (2) segments. Segment A shall be from 12:00 p.m. (noon) on December 24 through 12:00 p.m. (noon) on December 25. Segment B shall be from 12:00 p.m. (noon) on December 25 through 12:00 p.m. (noon) on December 26. In odd numbered years MOTHER Document il: 219714.1 -2- shall have Segment A and FATHER shall have Segment B. In even numbered years, FATHER shall have Segment A and MOTHER shall have Segment B. 4. FATHER shall have two (2) continuous, but non-consecutive weeks with the child each year. It is anticipated that one of these weeks will be during the summer vacation and the other week shall be at such time during the year as the parties shall agree. Unless agreed to the contrary, the weeks shall begin and end on Friday at 6:00 p.m. FATHER shall provide MOTHER with at least sixty (60) days advance notice of his intention to exercise his weeks of custody pursuant to this paragraph. 5. MOTHER shall have two (2) continuous, but non-consecutive weeks with the child each year. MOTHER shall provide FATHER with at least sixty (60) days advance notice of her intention to exercise these weeks. This paragraph shall supersede the provisions of paragraphs 3(a) and (b) of this Agreement. 6. It is agreed that the minor child shall not be removed from the State of Pennsylvania without agreement of the parties. 7. Both parties agreed to consult and cooperate with the other to facilitate the terms of this Agreement. Furthermore, the parties agree to refrain from any conduct or communication which would disparage the other before or in the eyes of the child. The parties agree that there shall be such modification to this Agreement or such other partial custody/visitation as shall be agreed upon by the parties. 8. During any period of custody or visitation, the parties to this Agreement shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point Document #: 219714.1 -3- of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 9. The holiday schedule set forth herein shall supersede other provisions of this Agreement whenever a conflict exists. 10. Both parties agree to afford the other the first right of refusal in the event child care is needed at any particular time and it is reasonable to do so. 11. This Agreement shall be effective immediately upon signature by both parties and its validity is not contingent upon Court approval. Document #: 219714.1 -4- COMMONWEALTH OF PENNSYLVANIA : COUNTY OF ~)~/'tft~ : SS Personally appeared before me, a notary public, in and for said Commonwealth and County, the undersigned, who being duly sworn according to law, deposes and says that the facts set forth in the foregoing Custody Agreement are tree and correct to the best of her knowledge, information, and belief. Marlo D. Heagy Sworn to and subscribed before me this ,~"~ day of~, 2001. Notary Public NOTARIAL SEAL CAROL A. LYTER, NOTARY PUBLIC Harrisburg, Dauphin County My Commission Expires Dec. 28 2004 Document #: 219714.1 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF -~h,.~.~ : SS Personally appeared before me, a notary public, in and for said Commonwealth and County, the undersigned, who being duly sworn according to law, deposes and says that the facts set forth in the foregoing Custody Agreement are tree and correct to the best of his knowledge, information, and belief. Sworn to and subscribed before me this b~----day of 2~mc&~:~_, 2001. Notary Public NOTARIAL SEAL CAROL A. LYTER, NOTARY PUBLIC Harrisburg, Dauphin County My Commission Expires Dec. 28 20,0..4 Document ii: 219714.1 MARLO D. HEAGY, Plaintiff V. JAY A. HEAGY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01~ 6~1£~ ~ CIVIL ACTION - LAW 1N CUSTODY AND NOW, this~,-l~ day of~ ,2001, upon review and consideration of the Custody Agreement of the parties, a copy of which is attached hereto, said Agreement is hereby approved, adopted, merged, and incorporated herein as the Order of this Court. CCi CC: Karl R. Hildabrand, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 BY THE COURJ/ Jay A. Heagy, Defendant 225 Rear West Coover Street No. 8 Mechanicsburg, PA 17055 Docament #: 219714.1