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HomeMy WebLinkAbout02-0981IN THE INTEREST OF KELLY JO ERLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- q g'/ CIVIL TERM : CIVIL ACTION--LAW : IN CUSTODY CUSTODY STIPULATION AND AGREEMENT ~ THIS AGREEMENT AND STIPULATION entered into on the day and year hereinafter set forth, by and between BETH FESLER and GREG D. ERLER, hereinafter referred to as "Mother" and "Father" respectively, and JAMIE BOWERS and PAUL BOWERS, hereinafter referred to as "Aunt" and "Uncle" respectively. WHEREAS, Mother is an adult individual who currently resides at 437 Rich Valley Road, Carlisle, Cumberland County, Pennsylvania; and WHEREAS, Father is an adult individual who currently resides at 113 Poplar Street, Mt. Alto, Franklin County, Pennsylvania; and WHEREAS, Aunt and Uncle are adult individuals who currently reside at 3396 Lorraine Circle, Salt Lake City, Utah; and WHEREAS, Mother and Father are the natural parents of Kelly Jo Erler, born August 16, 1986, aged 15 years, hereinafter referred to as "Child;" and WHEREAS, it has come to the parties' attention that minor Child is involved in an intimate relationship with an adult, and that despite Mother and Father's numerous attempts to ter~finate said relationship, Child and paramour continue to engage in the relationship, which is grossly detrimental to the moral welfare and well-being of Child; and 2 WHEREAS, Mother and Father have reached a consensus that evidencing Child's willful actions to perpetuate said relationship, Child must be temporarily removed from the immediate environment to protect her from continued relations with Child's adult paramour; and WHEREAS, Aunt and Uncle have agreed to provide temporary shelter of Child in an effort to protect Child and to see that Child's educational and emotional welfare are fostered while Child is in their custody; and WHEREAS, the parties wish to enter into a temporary agreement relative to custody and partial custody of Child. NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties agree as follows: 1. Mother, Father, Aunt and Uncle shall have shared legal custody of Child until this Order of Court terminates on June 10, 2002. 2. Mother shall maintain primary physical custody of Child with a period of consecutive temporary physical custody belonging to the Aunt and Uncle, commencing on January 27, 2002 and terminating on June 10, 2002. 3. Mother shall enjoy periods of partial physical custody during Aunt and Uncle's extended period of temporary physical custody at any such time as Mother desires. 4. Father shall enjoy periods of partial physical custody during Aunt and Uncle's extended period of temporary physical custody at such times as mutually agreed to by Mother. 5. While Child is in the temporary physical custody of Aunt and Uncle, Child shall be enrolled in high school on a full-time basis. 6. While Child is in the temporary physical custody of Aunt and Uncle, they shall be authorized to make any emergency medical decisions with regards to the Child on behalf of Mother and Father. 7. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning Child, and shall take any necessary steps to ensure that the health and well-being of Child are protected. During such illness or medical emergency, all parties shall have the right to visit Child as often as he or she desires consistent with the proper medical care of Child. 8. 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. 9. The parties desire that this Stipulation and Agreement be made an Order of the Court of 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 parties' minor Child who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 10. 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. 11. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Father, Aunt, and Uncle herein specifically acknowledges that they have chosen to proceed in this matter without legal counsel, and furthermore specifically acknowledge that they are aware of their right to consult with counsel before signing the within Agreement, and have voluntarily and freely chosen not to exercise that right. Each party regards the terms of this Agreemem as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the te~ms hereof set forth their signatures the day and year herein mentioned. ~~ D~ehl, ~squire~ (D~E ~'~ C~ ~' DATE Bow P,S, Aunt DATE COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS : On this,~fag_~.~day of ~.~,~4'/' -' 2002, before me, the undersigned officer, personally appeared BETH FEgL~R kno~qn to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEAL.,TJ)I OF PENNSYLVANIA : COUNTY O~-"/6/-~a'~'e"~'c'~'y : SS : On this ~.Z~aY of ~9--~~o -' 2002, before me, the undersigned officer, personally appeared GREG ERLER lcgo~ me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal I Kimberly L. DiehFHough, Notary Public Carlisle Boro, Cumberland County l My Com~mi~si._on~E?.p.?e.~s M~ay~5, 2003 STATE OF UTAH : SS COUNTY OF ~____~_dr&--~-- ~ - : · ~R~ day of . }M4~'0/a'F~q' , 2002, before me, the undersigned officer, On th~s ~ 7s~IE B~oWERS k~own to ~ne (or satisfactorily proven) to be the person personally appearcu o,~.~ whose name is subscribed to the within Agreement and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. STATE OF UTAH : SS cOUNTY OF _.~__~r_~-- ~ - : O,n this ~day of ,./zg,z~.4~,e-~,/ _, 2002, before me, the undersigned officer, .... a--~ed ~AUL B~TM knowfi to me (or satisfactorily proven) to be the person the same personany whose name is subscribed to the within Agreement and acknowledge that he executed for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. - ~' Notary PulSlic ~' ~r"~- --NoI'ta"'~ P"'~bli"'c-- JULIE STRINGHAM 1355 East 5360 South Salt Lake City, Utah 8411/' I .y ~ission Exp~. O~m~r 3, 2002 l ..... IN THE INTEREST OF KELLY JO ERLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- q ~ / CIVIL TERM CIVIL ACTION--LAW IN CUSTODY AND NOW, this ,2002, upon presentation and consideration of the attached Custody Stipulation and Agreement it is hereby ordered and directed that it be entered as an Order of Court. BY THECOURT, JAMES cOSTOPOULOS VS. DORIS J- LYNCH No. In the Court of Common Pleas of Cumberland County, Pennsylvania 2003 0981 Civil.~__~ PLEASE SATISFY JUDGMENT To MARCH 19,2004 Prothonotary No. ~ Term, 19 __ VS. Filed PRAECIPE 19 , Atty.