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HomeMy WebLinkAbout02-0121RICHARD D. ZINK, ERiN K. ZINK, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : mo.{~,~ }c~l CIVIL TERM : : CIVIL ACTION - LAW : STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this 2nd day of January, 2002, by and between ERIN K. ZINK, mother of Jakob D. Zink, (hereinafter referred to as "Mother") and RICHARD D. ZINK, maternal grandfather of Jakob D. Zink, hereinafter referred to as "Grandfather"); WITNESSETH: WHEREAS, MOTHER and GRANDFATHER have reached an agreement relative to the future care, custody, and visitation of JAKOB D. ZINK, (hereinafter referred to as "Child"), the terms of which agreement both parties desire to set forth in the present Custody Agreement, and; NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. ~ Grandfather currently has and shall continue to have primary physical custody of the child. Mother is in agreement that the child shall continue to reside with Grandfather and remain in his custody. Mother shall have liberal rights of visitation with the child as the parties deem appropriate, according to the child's age and best interest, including but not limited to periods during holidays, weekends, and summer vacation. 2. l~ Legal custody means the right to control and make decisions of importance in the life of their child, including educational, medical, and religious decisions. Grandfather shall have legal custody and shall be empowered to make decisions of importance in the life of the child. Grandfather shall be entitled and authorized to obtain equal access to the child's school, medical, dental, and any other important records. Non-major decisions involving the child's day-to-day living shall be made by the party which has current physical custody consistent with the other provisions of this Agreement and in accordance with the child's best interest. 3. lllll~aa~l~li~ Emergency decisions regarding the child shall be made by the party then having custody. Grandfather shall be pemfitted and authorized to sign medical consents, releases, or any other paperwork or consent pertaining to the child. In the event of any emergency or serious illness of the child at any time, any party then having custody of the child, shall communicate with the other party by telephone or any other means practicable, informing ther other party of the nature of the illness or emergency, so the other party can become involved in the decision making process as soon as possible. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 4. Welfare of the Child to be Considere0- The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. 5. ~[lll]~g. gff~ This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective successors, executors, administrators, heirs, personal representatives, and assigns. 6..C~[IL!5~[IIg. ldI~ This Agreement shall be governed and controlled by the laws of Pennsylvania. Any action regarding this matter shall be brought in Cumberland County, Pennsylvania. 7. ~ Section and paragraph headings in this Agreement are included for the convenience of reference only and shall not constitute part of this Agreement for any other purpose. 8. ~ The parties agree that this Agreement may be adopted as an Order of Court without the necesssity of a Court heating. 9. F. dlllIJr~gr, llffil~ This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. 10. Waiver or Modification to Be in Writing. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: Witness COMMONWEALTH OF ) ):SS COUNTY OF ) appearedOn~-~' '~e~'aY °~6L't~ ~ ~o20meOC~(~orb~sfa~[~fan~)~; ~arodve~nSi)tgnoebde°th~:C;;'rsPoenrS~haol~ey name is subscribed to the within instrument, and acknowledged that be/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (~y Public ! ,- NO'rPJ¢2/~£ 8EA[ / JAN= E. My commission e~i/£. ~.~__t~!~.~,.,;~, COMMONWEALTH OF ) .... ):SS COUNTY OF ) appearedOn~i~,~th~.a _~'f/o~. ,LI.~ t'o2m0e0,~r seaft~sr~arc~oe'ri~hy;t~odv:rnSCtg~o ;de ~hfl2elC;;;sPoenrSw°~oa}leYname is subscribed'to the within instnunent, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~y conu~iJilon expire RICHARD D. ZINK, ERIN K. ZINK, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA i NO. 0~- Iai CIVIL TERM : : CIVIL ACTION - LAW ORDER AND NOW, this [~.~ day of~2~ ~ -~ ,2/ffil, having reviewed the a~eement be~een ~e p~ies ~ted J~u~ 2, 2002, it is hereby O~E~D ~d DEC~ED t ~e a~eement shall be entered ~ ~ O~EK 9f Co~. ~ ~ c~_x ~.~ ff t ~ ~ . ~