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HomeMy WebLinkAbout94-04990 c, I , " , I " " I ~ ~ -; " l <( ,I., , i I \ \ , , \ "" ,/''''~' , , () ()- CT ,:::r I -:r- CJ/ tl . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNty, PENNSYLVANIA CIVIL ACTION - LAW 1994- L/99o CIVIL TERM IN CUSTODY ELIZABETH J. ANDERSON, Plaintitt JOHN E. ANDERSON, Defenc:iant CUSTODY 5l1PULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Elizabeth J. Anderson, (hereinafter referred to as "Mother") and John E. Anderson, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Benjamin E. Anderson, born April 23, 1985, and Julie K. Anderson, born June 30, 1987 (hereinafter the "children"); and WHEREAS, the parties are presently separating and will be living in separate residences; and WHEREAS, the parties wish to enter into an agreement relative to custody and partial custody of the children; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties will have shared legal custody of the children. 2. Physical or residential custody will be divided as follows: (a) Father will have physical custody of the children from every Friday evening or afternoon through the following Tuesday morning. (b) Notwithstanding the above period that Father has physical or residential custody of the children, Mother will have the children every sunday alternating the times each week wherein ahe will have the children one sunday from 9~30 a.m. until 6130 p.m. and the following sunday from 9130 a.m. until le30 p.m. and so on, alternating these periods each sunday. (c) Father may make arrangements to have periods of visitation with the children with prior notification to Mother. (d) Except for the periods set forth in (a) and (c) above, Mother shall have physical or residential custody of the children at all other times. 3. The parties agree that they will share holidays by either dividing the day or alternating the holidays so that the parties shall have equivalent periods of time on each holiday. Further, the parties shall equivalently divide the Christmas/New Years break when the children are not in school so as to provide as extensive contact with the children and each parent as is possible. 4. Each party shall be entitled to two one week periods of visitation or vacation with the children each summer. 5. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical car.e of the children. 6. Neither parent shall do anything which may estrange the ohildren from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. 7. 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. B. The parties desire that this stipulation and Agreement he 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 parties' minor children and shall retain such jurisdiction should circumstances ch.:mge and either party desire or require modification of said Order. 9. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, ~oercion, or other unfair dealing on the part ot the other. 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 any duress ~r undue influence. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this the 'l.7t~ ~ SS ) a'11.L~1- personally day of , 1994, before appeared Elizabeth J. me, the undersigned officer, Anderson, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, r hereunto set my hand anc:i official se~) r{]iv4U ir~?'(frI I': Nolilnnl'1eal EatfW Alldmom NOIa1yMIc Hampde" T"Il ClImQeflard CountY MyCOmml5E':>"E~~,I't~'Ja" 22.,gge (.~ C <"..1tct-lg, 1J-rJ-tw./t-'-J - () COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) nt/I 0 (- On this the 2" day of k1'L.t-1 , 1994, before me, the undersigned officer, personally appearec:i John E. Anderson, 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 contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ /) /~ ()J \Lf,t~HC.~) 9~~ c C. . " {;...~..- "'Jr',"'>' .:;eal , EM W O1....",orl1 NolaJy Ptdc H'1'i'C,(tl!lp r\Alp (;'lmbef18ndCc:luntY ~ '. \,m'lV~"",,:,. ~JJ)reaJan. 22, 1998