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HomeMy WebLinkAbout01-1082ZANED. FURRY, TRACEY FURRY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- /o~- CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Tracey Furry (hereinafter referred to as "Mother") and Zane D. Furry (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Nicholas E. Furry, born February 1, 1990 and Andrew D. Furry, born April 2, 1998 (hereinafter referred to as "children"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the children. NOW, THEREFORE, in consideration of the mutual covenants, premises and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: The parties shall have joint legal custody of the children. 2. Father shall have primary physical custody of the children. 3. Mother shall have partial physical custody of the children at such times as the parties from time to time shall agree. 4. The parties will share physical custody of the children during the following holidays, on a schedule to be determined by them after consultation: Easter, Thanksgiving and Christmas. Mother shall have the children each Mother's Day, and Father shall have the children each Father's Day. In addition, the parties shall share time with the children on their birthdays. 5. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 6. Neither parent shall do anything which may estrange the child from the other party, or injury the opinion of the child as to the other party or which may hamper the free and development of the child's love or affection for the other party. 7. The parties agree to use appropriate language and conduct when in the presence of the minor child. 8. Any modification or waiver 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. 9. The parties desire that this Stipulation and Agreement be made an Order of Court to 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 and the parties's minor child and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 10 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. 11. The parties acknowledge that they have read and understand the provisions of this Agreement. 12. 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 their hands and seal the day and year written below. WITNESS: Zane D. Furry rnas.dirldomesflcJcustodylfurry.stp ZANE d. FURRY, TRACEY FURRY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this ~-% {'b-'day of ~e_~,l' ~,z.,-1 , 2001, the attached Stipulation and Agreement is hereby made an Order of Court and all prior Orders on this matter are hereby vacated. BY THE COURT, ZANE D. FURRY, Plaintiff/Petitioner TRACEY FURRY, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1082 CIVIL TERM CIVIL ACTiON-LAW IN CUSTODY PETITION TO MODIFY CUSTODY 1. The Petitioner is the Plaintiff, Zane D. Furry, (hereinafter referred to as "father"), an adult individual who resides at 104 Cleversburg Road, Shippensburg, Cumberland County, Pennsylvania. 2. The Respondent is the Defendant, Tracey Furry, (hereinafter referred to as "mother"), an adult individual who resides at 308 Newburg Road, Newburg, Cumberland County, Pennsylvania. 3. The parties are natural parents of Nicholas E. Furry, born February 1, 1990 and Andrew D. Furry, born April 2, 1998 (hereinafter referred to as "children"). 4. The parties entered into a Custody Stipulation and Agreement which was adopted as an Order of Court on February 28, 2001. The Order and Stipulation are attached hereto as "Exhibit A." 5. Since the time of the Custody Stipulation, Father has learned of several matters which concern him regarding Mother's lifestyle. 6. Cumberland County Children and Youth Services has been involved in this case and has suggested that Father require Mother to have supervised visits with the children and to impose other terms and conditions in a modified custody order. 7. Mother is unwilling to agree to certain terms which Father seeks to impose in a modified custody order. WHEREFORE, Father respectfully requests this Honorable Court enter a modified custody order which, among other things, requires Mother to have supervised partial physical custody of the children and require Mother to allow the children to have no contact with her present boyfriend. Date: .?. 2 7, o I Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domesticlcustodylfurry, pet VERIFICATION ..... PekitiQrk ~pM. Dd~fy Custody I verify that the statements made ~n me roregomg ~]omi:Kam[~:~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. ZANE D. FURRY, TRACEY FURRY, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- CIVIL TERM CIVIL ACTION-LAW IN CUSTODY - ORDER OF COURT ANDNOW, this ,4~%dayof ~)I'LLO.~...~, 2001,theattachedStipulation and Agreement is hereby made an Order of Court and all prior Orders on this matter are hereby vacated. BY THE COURT, "EXHIBIT A" TRU~ COPY F~OM RECORD In T~timony whera~f, I here unto set ri~y hancJ and J, lile seal of sa~V Court ~rJis~e, Pa. ZANE D. FURRY, Vo TRACEY FURRY, Plaintiff Defendant : -IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- CIVIL ACTION-LAW IN CUSTODY CIVIL TERM CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and y/ear_ ~'~' hereinafter set forth, by and between Tracey Furry (hereinafter referred to ~?_Mother') and Zane D. Furry (hereinafter referred to as "Father"). ~ WHEREAS, the parties are the natural parents of Nicholas E. Furry, born February 1, 1990 and Andrew D. Furry, born April 2, 1998 (hereinafter referred to as "children"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 1. The parties shall have joint legal custody of the children. 2. Father shall have primary physical custody of the children. 3. Mother shall have partial physical custody of the children at such times as the parties from time to time shall agree. 4. The parties will share physical custody of the children during the following holidays, on a schedule to be determined by them after consultation: Easter, Thanksgiving and Christmas. Mother shall have the children each. Mother's Day, and Father shall have the children each Father's Day. In addition, the parties shall share time with the children on their birthdays. 5. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 6. Neither parent shall do anything which may estrange the child from the other party, or injury the opinion of the child as to the other party or which may hamper the free and development of the child's love or affection for the other party. 7. The parties agree to use appropriate language and conduct when in the presence of the minor child. 8. Any modification or waiver 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. 9. The parties desire that this Stipulation and Agreement be made an Order of Court to 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 and the parties's minor child and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 10 The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coemion or other unfair dealing on the part of the other, 11. The parties acknowledge that they have read and understand the provisions of this Agreement. 12. 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 their hands and seal the day and year written below. WITNESS: ~OJ-Z]'/t.-4~L~ B ate: 0 61//UF/Ol Zane D. Furry ~,-~-~~~ Date:O~/'--6/OI ~ ~ Trac~--CFurry mas.dirldomestlclcustodylfurry,stp CERTIFICATE OF SERVICE I hereby certify that on March ~(~ ,2001, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Petition To Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Tracey Furry 308 Newburg Road Newburg, Pennsylvania 17240 ZANE D. FURRY PLAINTIFF V. TRACEY FURRY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1082 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 05, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 27, 2001 at 10:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effbrt will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the contbrence. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ Hubert X. Gilroy, FaqJ~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATFORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 0 1. ZANE D. FURRY, Plaintiff V TRACEY FURRY, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 01 - 1082 CIVIL IN CUSTODY COURT ORDER AND NOW, this 2.~ _ day of ~ 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: This Court's prior Order of custody in the above matter dated February 28, 2001 is reaffirmed and ratified subject to the following modifications: When the Mother has custody of the minor children, she shall not expose the children to contact with David Vamer. Mother's periods of temporary physical custody with the children shall be on alternating weekends at times to be agreed and at such other times as agreed upon by the parties. Mother shall ensure that she spends time with the minor children when she has custody except those periods when she must work. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the court to have the matter again scheduled before the Custody Conciliator. CCl Michael A. Scherer, Esquire Tracey Furry 28 South Washington Street Shippensburg, PA 17257 BY THE COURT, esley Oler, Jr. ZANE D. FURRY, Plaintiff V TRACEY FURRY, Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW NO. 01 - 1082 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the children wbo are the subject of th/s litigation is as follows: Nicholas E. Furry, bom February 1, 1990; and Andrew D. Furry, bom April 2, 1998. 2. A Conciliation Conference was held on April 27, 2001, with the following individuals in attendance: The Father, Zane D. Furry, with his counsel, Michael A. Scherer, Esquire; and the Mother, Tracey Furry, who appeared without counsel. 3. The parties agree to the entry of an order in the form as attached. DATE Hubert X. G~uire Custody Con~ator