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HomeMy WebLinkAbout01-1511LARRY R. KENNEDY and PATRICIA L. KENNEDY, Plaintiffs VS. EDWARD R. KENNEDY, Defendant CIVIL ACTION - LAW : : NO. 01- /d'// CIVIL TERM : CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETITION AND NOW, comes Larry R. Kennedy and Patricia L. Kennedy, Plaintiff herein, by and through his attorneys, Frey & Tiley, and makes the following statement: 1. Plaintiffs are Larry R. Kennedy and Patricia L. Kennedy of the Borough of Carlisle, County of Cumberland, Coinmonwealth Pennsylvania (mailing address: 247 "F" Street,' Carlisle, Pennsylvania) 2. Defendant is Edward R. Kennedy of 2071 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are the natural parents of Alyssa Lorraine Kennedy, bom December 26, 1989, currently residing at 247 "F" Street, Carlisle, Pennsylvania. 4. Plaintiff and Defendant have entered into an agreement concerning the custody and visitation of the aforesaid child, which agreement is attached hereto as Exhibit "A". 5. Plaintiff now desires to have this agreement entered as an Order of Court as it is believed that the terms of the agreement will best serve the interests of the aforesaid child. WHEREFORE, Plaintiff respectfully requests that the Court grant shared legal custody to the parties herein and primary physical custody to Plaintiff with visitation to Defendant as agreed to by the parties in Exhibit "A". by: Respectfully submitted, Frey & Tiley Attorney for Plaintiffs 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 CUSTODY AGREEMENT ENTERED INTO this ,.?~th day of ~,~ ,2001 BETWEEN, Edward R. Kennedy of 2071 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Father", AND Larry R. Kennedy and Patricia L. Kennedy of the Borough of Carlisle, County of Cumberland, Commonwealth Pennsylvania (mailing address: 247 "F" Street, Carlisle, Pennsylvania), hereinafter referred to as "Grandparents", WHEREAS, Father is sole surviving the parent of Alyssa Lorraine Kennedy, born December 26, 1989, a minor, hereinafter referred to as "the child"; WHEREAS, the mother of the child, Tina Kennedy, died January 26, 2001; WHEREAS, Grandparents have agreed with Father to assume the responsibilities of caring for and raising the child; WHEREAS, Father and Grandparents acknowledge that the child is now living with Grandparents, has been living with Grandparents since December 18, 200~ and has been attending school in Grandparents district since Dcccmber 18, 2001; WHEREAS, Father and Grandparents believe that the best interests of the child is served by the present custodial arrangement; WHEREAS, Father and Grandparents believe that it is in the best interests of the child to reach an agreement as to the relative custody, partial custody, and visitation of the child; WHEREAS, Father and Grandparents desire to have said agreement entered as an Order of Court having jurisdiction over the child NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties agree as follows: 1. Grandparents shall have joint legal custody of the child. 2. Grandparents shall have primary physical custody of the child. 3. Father shall have reasonable periods of partial or temporary custody with the child, as reasonably agreed to by the parties. 4. Grandparents and Father agree that they will work to the best interests of child. 5. Grandparents and Father agree that they will each notify the other immediately in cases of medical emergencies that occur while the child is in their custody. 6. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing executed with the same formality as this Agreement. 7. Neither party shall do anything which may estrange the child 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 child's love or affection for the other party. 9. Grandparents and Father each 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. It is understood by Grandparents and Father that this Agreement shall be submitted for incorporation into an Order of Court and may be modified by the Court of Common Pleas of Cumberland County or any other Court having proper jurisdiction based on the laws in effect in the jurisdiction. INTENDING to be legally bound, witness our hand and seal the day and year first above written. ennedy Larry R.~ennedy Patricia L. Kennedy I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unsworn falsification to authorities. Dated: -~{o9o ~w'-7 ~"-, 2001 LARRY R. KENNEDY and PATRICIA L. KENNEDY, Plaintiffs VS. EDWARD R. KENNEDY, Defendant MAR 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-/~/,/ CIVIL TERM CUSTODY ORDER OF COURT AND NOW, this day of ~,..~, 2001, upon consideration of the within Petition and upon Agreement of the parties attached to the within Petition as Exhibit "A", it is ordered and decreed that legal custody and primary custody of Alyssa Lorraine Kennedy and be granted to Larry R. Kennedy and Patricia L. Kennedy, with partial physical custody to Edward R. Kennedy, as more specifically set forth in the Agreement of the parties.