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HomeMy WebLinkAbout01-4981DIANNA S. DIVELY, Plaintiff VS. DIANE J. CHRISTY Defendant, IN THE COLrKT OF COlvllvlON PLEAS OF CLrlViB~ COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. ol- q t IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between DIANNA S. DIVELY, (herein~er referred to as "Direly") and DIANE J. CHRISTY (hereinat'~er referred to as "Mother"). WHEREAS, Mother is the natural parent of one child, namely, Jasmyn Joy Christy, bom July 3, 1995, (hereinafter referred to as "Child"); and WHEREAS, the natural father of the child is unknown; and WHEREAS, Direly is a party unrelated to the Child, but with whom the child presently resides; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth, the parties agree as follows: !. Dively shall have primary physical and legal custody of the child. 2. Mother shall have periods of partial physical custody or visitation with the child as the parties may mutually agree, provided that: a) Mother must remain sober during all periods of partial custody or visitation; b) There shall be no consumption of alcohol or illegal drugs by any party wh/le in the child's presence; and c) Mother shall not expose the child to criminal or illegal activity or behavior of any kind during her periods of partial custody or visitation. d) Mother shall provide an exact location with address and telephone number, if available, of where she will exercise her periods of partial custody or visitation to Dively. 3. For tax purposes, the parties agree that Dively will claim the child as a dependent for the year 2001 and all years thereafter unless the parties agree otherwise. 4. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the child and further shall take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, all panics shah have the right to visit the child as oi~en as she desires consistent with the proper medical care of the child. 5. The parties agree that Dively will provide medical insurance coverage for the child, and that Mother will pay fifty percent (50%) of ah unreimbursed medical expenses for the child within thirty (30) days of being requested to do so by Dively. 6. 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. 7. 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 of the minor child, who has resided for her entke life in Cumberland County, and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 8. The parties agree that in making this Agreement, there has been no fi-aud, concealment, overreaching coercion, or other unfair dealing on the part of the other. 9. 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 duress or undue influence. IN WITNESS WHI~REOF, the parties hereto intending to be legally bound by the t~mis hereof, set forth their hands and seals the day and year herein mentioned. WITNESSES: Date~t.~u~l,l S. DI~L Date DIANE J. CHRIS~'Y COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this the /~-~ day of ~~TL , 2001, before me, the undersigned officer, personally appeared Dianna S. Direly, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within A~reement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : Onthisthe It-I dayof.~ ,2001, beforeme, the undersigned officer, personally appeared Diane I. Christy, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein comained. NOTARIAL SEAL ,Nendy M. Burkholder, Notary Public Carlisle, Cumberland County r"~,,'n-ni~sion Expires June 7, 2003 DIANNA S. DIVELY, Plaintiff VS. DIANE J. CHRISTY Defendant, n~ Tm COtaT OX CO~ON Pt~aS OX CUm~ CotwrY, PE~SY~V ~,~p° ~ CIVIL ACTION- Lfi. W~ NO. 01-- t-/%~lc, ~/I IN CUSTODY ORDER OF _COURT AND NOW, this /~ day of ~ 2001, IT IS HEREBY ORDERED AND DECREED that the within Custody Stipulation and A~'eement shall be made an Order of Court. Marylou Mat. aa, Esquire, Attorney for Plaintiff Diane J. Christy, pro se DIANNA S. DIVELY, Plaintiff DIANE J. CHRISTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 01-4981 CIVILTERM : 1N CUSTODY ACCEPTANCE OF SERVICE I, DIANE J. CHRISTY, Defendant, acknowledge that I received a certified and tree copy of a Custody Stipulation and Agreement and related Order of Court dated September 10, 2001, in the above captioned action by first class mail, postage prepaid, on or about November 2q ,2OOl. Date: DIANE J. CHRISTY~/Defendant / DIANNA S. DIVELY, Plaintiff/Respondent DIANE J. CHRISTY, Defendant/Petitioner · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION -. LAW · IN CUSTODY · NO. 01-4981 C. IVIL TERM PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the Family Law Clinic on behalf of the Defendant, Diane J. Christy, in the above captioned matter· February 6, 2003 Leah ~I. IJax~e~p~ Certified Legal Intern TI-~ OM~k~]IVI./fiLACE ROBERT'E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (;717) 243-2968 rlAR 1 4 ZOO3 ~ DIANNA S. DiVELY, Plaintiff/Respondent Vo DIANE J. CHRISTY, Defendant/Petitioner · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · IN CUSTODY · NO. 01-4981 CIVIL TERM ORDER AND NOW this [~ day of~~._.~ 2003, the attached Custody Agreement, which vacates the prior Custody Order, dated Sept~nber 10, 2001, is approved and entered as an Order of Court. ~. ~~~ ~ Judge · v., ,.~ ~.~ / cc: Family Law Clinic, Attorneys for Petitioner Dianna S. Dively, Respondent