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HomeMy WebLinkAbout94-05997 receipt of which is hereby acknowledged by each of the Parties hereto, Husband and Wife, each intendina to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT PREDICATED UPON DIVORCE: It is specifically understood and agreed by and between the Parties hrreto, and each of the Parties does hereby warrant and represent to th= other that the execution and delivery of this Agreement is not predicated upon nor made subject to any Agreement for the institution, prosecution, defense or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the Parties hereto from commencing, instituting or prosecuting any action or actions. for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other Party, or Crom making any just or proper defense thereto. 2. EFFECT OF DIVORCE DECREE: The Parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the Parties. 3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE: The Parties agree that the terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to them. 4. ADVICE OF COUNSEL: The provisions of this Agreement are intended to be a legally binding property settlement between the parties. Husband has been represented by Taylor Andrews, Esquire. and Wife has been represented by Keith B. DeArmond, Esquire. Each party acknowledges that he or she fully understands the facts and has been fully informed as to his or 2 '0 her lellal ripts and oblillations, IIld each party acknowledllcs and accepts that this Aareement is fair and equitable, that it is beinll entered into freely IIld voluntarily IIld that this Aareement IIld the execution thereof is not the result of lilY duress. undue influence or collusion. S. INTERFERENCE: Each party shall be free from all control, restraint, interference or authority. direct or indirect, by the other in all respects as fully.., if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benelit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband and Wife of the lawfulness of the causes which led to, or resulted in, the continuation of their living apm. Husband and Wife shall not molest, harass, distw'b or malian each other or the respective families of each other, nor in luIY way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by luIY melUls or in luIY manner what,oever with him or her; each of the parties understands and agrees that he or she shall notlUld will not do or say lUIythins to the child, atlUlY time, which might in any way influence the child adversely against the other party. 6. M1[IUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit claim, and forever discharge the other and the estate of such other, for all time to come, and for all pwposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruins) of the other or a8ainst the estate of such other, of whatever nature and whatsoever situate, which he or she now has or at any time hereafter may have asainst such other, the estate of such other, or luIY part 3 '. thereof, whether arising out of any fonner acts, contracts, engagements or liabilities of such other, or by way of dower or courtesy, or widows or widowers rights, funily exemptions or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country, or any right which Wife may have or at any time hereafter have for past, present or future support of maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations ofwhatsocver nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire. except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 7. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have divided the marital property as of the date of this Agreement, including, but v.ithout limitation, jewelry. clothes, furniture and other personalty and hereafter Husband agrees that all the property in the possession of Wife on the date of this Agreement shall be the sole, separate property of the Wife; and Wife agrees that all of the property in the possession of the Husband on the date of this Aireement shall be the sole. separate property of Husband. 4 '. '. 8. AFI'ER.ACOUlRED PERSONAL PROPERTY: Each of the PartiClS shall hereinafter own and eqjoy, independently of any claim or right of the other, all items of penonal property, tangible or intangible, acquired by him or her after the date of this Agreement, with full poMlr in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 9. DIVISION OF VEIDCLES: With respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived from any prior sale or trade-in thereof, they agree as follows: The 1988 Plymouth Voyager shall be the sole and exclusive property of Wife. The titles or lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement II11d said executed titles shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power ofattomey" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien or encwnbrance the party receiving said vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other part harmless from said lien or encwnbrance. Each of the parties hereto does specifically waive. release. renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Puagraph. s ',. " Wife agrees to maintain required liability irulurance on the 1988 Plymouth Voyqer 10 long as Husband's name remains on the registration. Wife indemnifies and holds Husbeud harmless from any loss associated with the operation or ownership of the 1988 Plymouth Voyqer, specifically including any loss sustained by Husband as . result of Husband's 1011 of irulurance coverage due to Wife's failure to maintain required insurance on the 1988 Plymouth Voyager. Wife shall be responsible for preparation of any necessary power of attorney to transfer Husband's ownership of the 1988 Plymouth Voyager, and Wife shall bear all c;:osts of transfer. 10. REAL PROPERTY: Husband and Wife hereby agree that all right, title and interest in the real estate situate and located at 60 Mowltain Lane, Hopewell Township, Cumberland County, Pennsylvania shall become the sole and separate property of Wife. Wife agrees to pay the mortgage to Fleet Mortgage Group and to repay Leon Allen and Nell D. Allen, and to indemnify and hold harmless Husband from any liability thereon. Husband agrees that he will execute the documents required to transfer title to the property and will cooperate fully in the transfer of such title. Wife shall be resporulible for document preparation. II. LIABILITIES. Wife hereby agrees to be solely liable for the following liabilities: a. Mortgage to Fleet Mortgage Group on the residential real estate; b. Patriot Federal Credit Union loan secured by 1988 Plymouth Voyager; and c. All obligations to Leon Allen and Nell D. Allen. 12. WARRANTY AS TO EXISTING OBLIGATIONS.. Each Party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which estate of the other Party may be responsible or liable except II may be provided for in this 6 '. Aarcement. Each Party asrees to indemnify or hold the other Party harmless from and asalnst any and all such debts, liabilities or oblillations of every kind which may have heretofore been incurred by them, includins those for necessities, except for the oblisations arisinS out of this Asreement. Wife accepts and shall not contest the order of the Bankruptcy Court for the Middle District of Pennsylvania at 1-9S-0 11 SO entered September 21, 1995, which detennined that Wife's claim for equitable distribution was dischazlleable. 13. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each covel1ant, warrant, represent and allree that each will now and at all times hereafter save hannIess and keep the other indemnified from all debts, charses and liabilities incurred by the other after the date of this Asreement, except as may be otherwise specifically provided for by the tenns of this Asreement and that neither of them shall hereafter incur any liability whatsoever of which the estale of the other may be liable. 14. lVAIVER OF ALIMONY. SUPPORT AND MAINTENANCE: Husband and Wife do hereby waive, release, and give up any rights they may respectfully have against the other for alimony, support, or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to ~ustain themselves without seeking any support from the other party, The parties hereby acknowledge that by this Agreement each has respectfully secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support in the ltation of life to wJojcb they are accustomed. 7 GREGORY D. BURKETT, 1'1aintiff IN nlE roJRT OF CQotoDl PLEAS OF CLMBERLAND ca.Jm'Y, PENNSYLVANIA NO. 94-5997 CIVIL 19 vs. DANETTE BURKETT, Defendllnt PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record. together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ~~~~ of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: October24, 1994, by certified mail return receipt r..quested, restricted delivery 3. Ccmplete either Paragraph A. or B. and wiaver of Notice A. Date of execution of the aft idavi t of consent ~equired by Section 3301 (c) of the Divorce Code: by the plaintiff April 9, 1996 by the defendant Aoril 10. 1996 B. (1) Date of execution of the plaintiff's affidavit requixed by Section 3301 (d) of the Divorce Code: N/A (2) Date of service of the plaintiff's affidavit upon the defendant: N/A 4. Related claims pending: None 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code N/A orney for Plaintiff/W"".~ Taylor P. Andrews " ',< " .' ' " ~,: IT"" I,[') ~-',; .. i",-~ {' - -';;:..'1 - ) ~"~~~ ..- ., to.;': ~. F- :~--! ,.L. ",J ' I~(J N ! ~~'~ ct'.,: ' c-" :l~n (.;- , : :;1.' I~ ...:.: j H. ,,., () Gl ';'M) , . ~ 1 ff . "\ a; ,,~ ," ~~l ~ - ~ . '~, . M \;; :c ., rtI "- ~ 0 c:) t' "" ~ CV'I - ~ .~ ~ ~M l;, , ~ "" :\ ~~~ .~ ~ (",';'l --.. -- - ""'" - "'" ..., = z @l i +J ~ .., ~ i ! 3 ~"I . .., .... ..., i .~: -] . ;: i i~ J I~ I i!l . 005 i~J @l~,U I ~~a6; . Cl ~c ~ !I~~~ ; > I < i!l ~!ii!l .1- ., .. -, I . . .." .. , . .. ~ % 1 { Ocr 26 I 26 PH '9~ ~ '"" ~ ~ \~ " "'I .~ ~ , IH FH~~ ';!. .' l'lo~:!\r.~ J l J ~, I '.' /4 .', /' t \. I .' "" r-"li. _, I ... .'.., . l ,-.l-i':, rI. \\U'f, ~ .. t;' @l ... i I !. ::t ] i ~ !f~: l1. Z.. ! . I ~ := j 1'1 o - . ~~ g~t: I ~~ fQj . oo~ iN i;lh 0 g ; ~ S ~ >> I :: I I ~<C ex> ~ ~i~ ,.. < ~. '" ... . . , - . - " . ~; ,.~ ~ -, 5J . '. 6. plaintiff seeks custody of the following child: NAME RESIDENCE DOB AGE 12/17/91 2 yrs.10 mo. Cody Dale Burkett Unknown The child was not born out of wedlock. The child is presently in the custody of Defendant, DANETTE BURKETT. During his life, the child has resided with the following persons and at the following addresses: Gregory D. & Lot 183, Shippensburg DOB-12/17/91 to Danette Burkett Mobile Estates 11/30/92 Shippensburg, PA 17257 Gregory D, & 60 Mountain Lane 11/30/92 to Danette Burkett Newburg, FA 17240 10/21/94 Danette Burkett Unknown 10/21/94 to Present The mother of the child is DANETTE BURKETT, whose current residence is unknown to Plaintiff, She is ma.ried. The father of the child is GREGORY D. BURKETT, currently residing at 60 Mountain Lane, Newburg, PA, 17240. He is married. I. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: Noone, 8. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: Unknown. 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. " Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. plaintiff does not know of a person not a party to the proceediags who has physical custody of thE! child or claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: A. Plaintiff has undertaken and performed the primary parental responsibilities for the child; and B. Plaintiff is best able to provide the care and nurture which the child needs for healthy development. C. plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. D. Defendant is erratic and her verbally abusive behavior poses a threat of harm to the child. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as a parties to this action. WH.R.'OR::I:, Plaintiff requests your Honorable Court to award primary physical custody of CODY DALE BURKETT to Plaintiff, GREGORY O. BURKETT, subject to partial custody rights of the Defendant, OANETTE BURKETT, as determined by the Court. , , ... 0) - fr; c." Mil, ,..~ of; J '"'~ ("I , 1"52 , " ,-..... !:C- ':_i Il'r (), .-:;:.:) ~ '''l , C" ",J! .",1 4.;..,,; Cl:.:', r:' Jru c., j.Jl..1... I ~,;~'. I' ".:r} .) C: 1;..; I ) i, ,',I : ~ " .., " , I . .' . , . GREGORY D. BURKE'rT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff v. NO. 94-5997 CIVIL TERM IN DIVORCE OANBTTE BURKETT, Defendant I SlnTInCAT. or nIlVl:CI I hereby certify that on this date, october 18, 1994, I mailed a certified copy of plaintiff's complaint in Divorce to the following person at the following address by U.S. Mail, certified mail, postage prepaid, return receipt requested, delivered to addressee only: Danette Burkett 60 Mountain Lane Newburg, PA 17240 ... .d . .... . .... '" , , ,.- .,,:,. c- ~r; j~:- ~" , .. T~ 0,1,1 I"J j_. " : ,~ 1;;;' I .J 2.)' ,.." ';,.. ,'.!1 u <\J ~ rJ",~, (,', Ii) , " ..~ : '- '-'. f~ ., , o. >:.1 . . . " i ,', 'I , " , ,... tn CJ~ 1.1'"": r1~:; - '~.l .~j'. , '--,J 0' -,-, .,00, 'C ,: r. " ,,:::; ~r (~(.1 r:') fi)ld , C-,.,', 1-," ,'4- fff,I, l':: 'J!)? 1'-, 0._ , " -:::.: tl.. to _' (.) r";-'\ :-J " , . . , . lit- . . . ~ . . ... I." '-'- .' f; "J'J ';-'; , , . l~: .. 1-'5...,. ~f - j 'J .: . .. );_. ~-', ;,l~J SO, ''-' .le) ~:, ,\I , ;:'A ' \: 'r~ "'FE ; C._ .! F ";.:: " or, .:5 (.J ,. , () \ ", r C1\ rf - {:;j ~~ ( :~~ lC ;!Il. 1':' ""' r~:~ ~ - ;;....0 ..'1<1; ::::- ~~ ~ ocr. -) ~ .~ 'ID 0" .0' o , " ~" (J(~ &: Q)" C;(tI"~",, ATTOIINIYS AT \.AW 2100 MAII"IT ST"UT CAAW HILL.. ftlNNSYI,.VANIA 1 '01' 17171 ,>>~.. ...,. . 0...._ Jecll' J DiAl""'" , ' ...-... iff ., ... '-':' or .. , ,;"1' ..::.. :jE'PI ,- ~. ,\ ." '::..' > I.Ir=, "-" , '~. i:' It:.. ", ., N t.." :.t-" N :1. ./ ,; - , ," a - ~t J... .- ,r ~ . . , , GREGORY D. BUI~KE'IT, Plaintirf v. : IN THE COURT or COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . : CIVIL ACTION - LAW : NO. 5997 CIVIL 1994 : IN CUSTODY DANElTE BURKE'IT, Defendallt ~-r~{ (y 1995, in consideration of the attached Stipulation Regarding Custody and Visitation, it is ORDER Ar.;u NO;M,', .his / {'1.l/l ,.ay 01 hereby ordered that: (I) Shared legal custody of CODY DALE BURKElT as contemplated by the Act of November 5, 1984, P.S. 11001, et seq., is awarded to Mother and Father. (2) Physical custody of the Child, CODY DALE BURKEIT shall be shared on a week-by-week basis. Mother shall have physical custody for one week, IInd Father shall have physical custody for the next week Bnd the parties shall proceed alternating physical custody week-by.week with each custody exchange to occur on Monday afternoon when the parent starting his or her week of custody shall pick up the Child from the babysitter. (3) Notwithstanding the terms of shared physical custody set forth immediately above, the parties agree to the following with reaard to holidays, and tbese terms shall control over the alternatina weekly schedule: (a) Mother shall have physical custody of Cody Dale Burkett each Mother'. Day. If Mother's Day falls on a week which would otherwise have been durlna F..ther'~ week ~~ physical custody. the commer.ce!l1lll1t of lVt)ther'~ r.llcce.,dl"~ wf!elo: shall be accelerated to S:lIlday mornln. lit 9:00 a.m. (b) father shall have physical custody of Cody Dale Burkett each Father's Day. If Father's Day falls on II week which would otberwise bave been durina Mother's week of physical custody, the commencement of Father'slucceedinl week shall be accelerated to Sunday morn in, at 9:00 a.m. (c) Mother shall have physical custody tach Thankslivinl Day from 9:00 a.m. until 2:30 p.",!. Father shall have physical custody on each Thanks,ivinl Day from 2:30 p.m. until 8:30 p.m. . " v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . : CIVIL ACfION . LAW : NO. 5997 CIVIL 1994 : IN CUSTODY GREGORY D. BURKETr, Plaintiff DANETIE BURKElT, Defendant ~T!~lil.A Tlcr I :~E~ARD.i..G ':U.i'r\..,l),";."~Sl'l'j,.a'lor~ Plaintiff, GREGORY D. BURKETT, hereinafter referenced as Father, and Defendant, DANETrE BURKETr, hereinafter referenced as Mother, herebyaaree to the entry by the Honorable Georae E. Horrer or the followina terms in a Court Order defiDina custody and partial custody rights and responsibilities in relation to the parties' minor child: I CODY DALE BURKETr, born December 17, 1991, hereinafter referenced as Child: (1) Shared leBal custody of CODY DALE BURKETI as contemplated by the Act of November 5, 1984, P.S. 11001, et seq., is awarded to Mother and Father. (2) Physic 11 custody of the Child, CODY DALE BURKETI shan be shared on a week.by.week basis. Mother shall have physical custody for OOe week, and Father shall have physical custody for the next week and the parties shall proceed IIhernatina physical custody week.by.week with '-'lIch custody exchnoae to occur on Monday afternoon when the parent startina his or her week of custody shan pick up the Cbild from the babysitter. (3) Notwithstandina the tenn. of shllred physical custody set forth immediately above, the parties "aree to the followina with reaard to bolidays, and these tenn. sball control over the IIlternatina weekly :schedule: (a) Mother shllll have physicIII custody of Cody Dale Burkett .ach Motber's Day. If Mother's OilY flllls on II week which would otherwise hllve been durin, l!R ,. .. ,;.. ,;+ ::Ir.: ..\" ;tiJ "'I;, ';., 1.'1) 1,1,>' r.n ; . (:.~ ".' , ,0') " . .- . " tD .Jif " " 0;:,'., , ... ... I .... ., . .~ :z: -!~ ~~ ... i~J ~ ~~~ . ~j ~~ I ci sa~j"; U~I j ..,~ ~ I > , !II~~ o2ei ~<~ .. " . . ' I , .. . , . GREGORY D. BURKE"., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . v. : CIVIL ACTION - LAW DANETfE BURKE"., : NO. 5997 CIVIL 1994 Defendant : IN CUSTODY ~ ORDER "Nfl ...<"1..../, ,his ..ay oi 1995, in consideration of the attached Stipulation Regarding hereby ordered that: (1) Shared legal custody of CODY DALE BURKE". as contemplated by the Act of November 5, 1984, P.S. Uool, et seq., is awarded to Mother and Father. (2) Physica! custody of the Child, CODY DALE BURKE". shall be shared on a week.by.week basis. Mother shall have physical custody for one week. and Father shall have physical custody for the next week and the parties shall proceed alternating physical custody week.by.week with each custody exchange to occur on Monday afternoon when the parent starting his or her week of custody shall pick up the Child from tbe babysitter. y and Visitation, it is (3) Notwithstanding the terms of shared physical custody set forth immediately above, the parties agree to the following with regard to holidays, and these terms shall control over the alternating weekly schedule: (a) Mother shall have physical custody of Cody Dale Burkett each Mother's Day. It Mother's Day falls on a week which would otherwise have been during Father'~ \'leek ('~ Dhvs:ca1 cllstodv. the commerce"1rlrl Q! Ynther'~ r.llc'w'Il!i"" wl'lelc . . . ~ shall be accelerated to S:lOday morning at 9:00 a.m. (b) Father shall have physical custody of Cody Dale Burkett each Father's Day. It father's Day falls on a week which would otberwise have been during Motber's week of physical custody, the commencement of Father's succeeding week shall be accelerated to Sunday morning at 9:00 a.m. (c) Mother shall ha.ve physical custody each Thanksgi.ving Day from 9:00 a.m. until 2:30 p.~. Father shall have physical custody on each Thaukslivlnl Day from 2:30 p.m. until 8:30 p.m. .. . . . . . GREGORY D. BUR KElT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 5997 CIVIL 1994 : IN CUSTODY v. DANE'ITE BURKElT. Defendant "T'''''' . "'( ~r I ".. 'A ~;}" 'Co "'U ..- - ny V'SiT 'a'ION oj .a ~1....J"a.. li ,.L'.u .'i 11.. . '", ",IV . I A. Plaintiff, GREGORY D. BURKETI, hereinafter referenced as Father, and Defendant, DANETIE BURKETI, hereinafter referenced as Mother, hereby agree to the entry by the Honorable George E. Hoffer of the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the parties' minor child: CODY DALE BURKETI, born December 17, 1991, hereinafter referenced as Child: (1) Shared legal custody of CODY DALE BURKETI as contemplated by the Act of November 5, 1984, P.S. A1001, et seq., is. awarded to Mother and Father. (2) Physical custody of the Child, CODY DALE BURKE1T shall be shared on a week.by.week basis. Mother shall have physical custody for one week, and Father shall have physical custody for the next week and the parties shall proceed alternating physical custody week.by.week with ~ach custody exch~n8e to occur on Monday afternoon when the parent starting his or her week of custody shall pick up the Child from the babysitter. (3) Notwithstanding the terms of shared physical custody set forth immediately above, the parties agree to the following with regard to holidays, and these terms shall control over the alternating weekly schedule: (a) Mother shall have physical custody of Cody Dale Burkett each Mother's Day. If Mother's Day falls on a " eek which would otherwise have been durin, .. ~ JAN 17 1995d~ GUGOlIY D. BURUT'l, Pla1ntiU 'IN 'lHB COUR'l 01' COIUION PLUS 0' ,CUIUIBRLAND COUN'lr, PBNNSYLVANIA , ,NO. 5997 - CIVIL - 1994 , , ,CIVIL AC'lION - CUSTODY v DANBT'lB A. BURU'l'l, Defendant . M:" CC>URT ORDJ:R AND NO~, th1s day of January, 1995, upon con.iderat10n of the attach.d Cuato Concl11at10n Report, 1t is ordered and directed a. follow., 1. 'lhe 'ather, Gregory D. Burkett, and the Mother, nanette A. Burkett, .hall enjoy shared legal and physical custody of Cody Dal. Burkett, born December 17, 1991. Physical custody .hall be alternated on a week to week basis with the partiea .~changing custody on Sunday ev.ning at 7 P.M. or at such other times as agreed upon by the parties. Th1s cu.tody arrangement ahall be in the nature of a temporary Ord.r .ubject to further modification of the Court as set forth below. The part1e. shall aubmit them.elve. and the minor child to a ouatody evaluation performed by Guidance As.oc1atea. Guidance Aasociates shall act as an independent evaluator in th1a case, and shall share the results of thia evaluation with counael for the parties. Costs of the eV61uation shall be split equally between the parties. In the event that Guidance As.ociates requests psychiatric records of the Mother d..ling with her prior psychiatr1c treatment and the Moth.r i. unwilling to release those r.cord., counsel for the 'ather .hall flle a Petition with the Court reque.ting a Court Order to relea.e those records at which t1me the Court will entertain argument in chambers from legal counsel on that 1aaue. 2. 3. Upon conclu.ion of the independent custody evaluat10n and in the event at that time the pHrties are unable to reach an agre.ment on a permanent Custody Order, e1ther party may contact the Custody Conciliator to hedule another au.tody conference in th1s matter. BY T St. ' Rebecca Jl. Hughea, Esquire 'laylor P. Andrew., B.quire co, ,fy.,r ..14_ " , , , ~i .... I ~ ; ~I ~ ~I ~ j ~ ! Po. i.~ I . ! . ;; ~IJ ~~I~ I ~~ ~~ oo~ ~N . !I~U . Cl ~ I - F: I . I ~ ~ ~ S Ej :> ~ CIO ~ ~i~ ~ r- . . . . OCT.2 S 1994";' ,. # . GREGORY D. BURKETT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. DANETTE BURKETT, Defendant NO. 94-5997 CIVIL TERM IN DIVORCE ORD.. OJ' COURT AND NON, r\lQII ;;>.. / c'<'I'f , upon consideration of the . attached Complaint, it is hereby directed that the parties and their respective counsel appear before ~.....~,.,'tj..&I'/f<A/6..,. , the con::iliator, at Ji:t h. f/Ot)r ("'Wlb, ~o",ri h(;I.U'~ on the ,st~ day of J~V1V1..~r y 199 !i", at -10: ~ o'clock, /.l-...m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: -?i~t;;t k~:L~ t"-~ Custody Cono{liator ~~~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Cumberland County Court House, Fourth Floor Carlisle, PA 17013 (717) 240-6200 . . V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-5997 CIVIL TERM IN DIVORCE GREGORY D. BURKETT, Plaintiff DANETTE BURKETT, Defendant SUPPLZMBNT TO PIVORCB COMPLAINT ~SS.RTING R.LATID CLAIMS Plaintiff, GREGORY D. BURKETT, through his counsel, Taylor P. Andrews, Esquire, of Andrews & Johnson, respectfully represents: 1. Paragraphs 1, and 3 through 8 of Plaintiff's Complaint are incorporated herein by reference. 2. Defendant is DANETTE BURKETT, whose last known address waa 60 Mountain Lane, Newburg, Cumberland County, pennsylvania. 17240, but who left said address on October 21, 1994, to an address unknown by the ~laintiff. 3. befendant, DANETTE BURKETT, is employed as a secretary in the productio~ control office at Ingersol-Rand, Shippensburg, Pennsylvania, phone number 532-9181, Extension 283. COUN'l' I CUSTODY COMPLAINT 4. The Plaintiff is GREGORY D. BURKETT residing at 60 Mountain Lane, Newburg, Cumberland County, Pennsylvania, 17:240. 5. The Defendant is OANETTE BURKETT residing at an address unknown to Plaintiff (See paragraph 2 aloo"e) . . . 6. Plaintiff seeks custody of the following child: NAME RESIDENCE DOB AGE 12/17/91 2 yrs.10 mo. Cody Dale Burkett Unknown The child was not born out of wedlock. The child is presently in the custody of Defendant, DANETTE BURKETT. During his life. the child has resided .with the following persons and at the following addresses: Gregory D. & Lot 183, Shippensburg DOB-12/17/91 to Danette Burkett Mobile Estates 11/30/92 Shippensburg, PA 17257 Gregory D. & 60 Mountain Lane 11/30/92 to Danette Burkett Newburg, PA 17240 10/21/94 Danette Burkett Unknown 10/21/94 to Present The mother of the child is DANETTE BURKETT, whose current residence. is unknown to Plaintiff. She is married. The father of the child is GREGORY D. BURKETT, currently residing at 60 Mountain Lane, Newburg, PA, 17240. He is married. 7. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: None. 8. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: Unknown. 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of th6 child in this or another ~ourt. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: A. PlaJntiff has undertaken and performed the primary parental responsibilities for the child; and B. Plaintiff is best able to provide the care and nurture which the child needs for healthy development. C. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. ,D. Defendant is erratic and her verbally abusive behavior poses a threat of harm to the child. 11. Each parent whose parental rights to the child have not been terminated and the person who ~as physical custody of the child have been named as a parties to this action. wa...rOR., Plaintiff requests your Honorable CO\lrt to award primary physical custody of CODY DALE BURKETT to Plaintiff, GREGORY D. BURKETT, subject to partial custody rights of the Defendant, DANETTE BURKETT, as determined by the Court. " , , - ..::, .. - :c c.. ~ .:>> ('I a:~ z; ~ ~ M Q) of . . . .....1 .--'-~, . .' ,. . . . " , , ~ " , ' ~I i!ll E~aa I-Iee lee .. !II- ~ ~ I ! ~ ~~ ~II!II ~ ;~ee 3 !~~i '. ' 'I.' , , , I", . JUN20~>>- , , ' ~ " ~ 'lr. ?: ~ ~ N - ~ f ..a ~l ~ ~ .. - <l'" ;.i.; ,). ~" ~ ~ ,~ B ........ ~.:. .-. ~ 0 ~~p ~ N It'" ~ ~ F ~ S I" GREGORY D. BUllKl!TI' PLAINTIFF IN HIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 94-5997 CIVIL ACTION LAW DANBTI'E BURKETT, NOW BBRT DEFENDANT IN CUSTODY ORDER OF C01!.BI AND NOW, Tuesday, June 1~L~003 . upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear belore _ _ Hubert ~. Gilroy. ~~__, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ Friday. July 18,1003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference. an ellort will be made to resolve the issues in dispute; or if this cannot be accomplished. to define and narrow the issues to be heard by the court, and to ent,er into a temporary order. All children a~e five or older may also be present at the conference. Failure to appear at the conference may provide grounds lor entry of a temporary or permanent order. Tbe court bereby directs the parties to furnish any and all existing Protection from Abuse orders. Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearlnll. FOR THE COURT. By: Isl Hubert X. GilrQy., E!fl. Custody Conciliator l The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For inll1rmation about accessible facilities and reasonable accommodations available to disabled individuals havinll1 business before the court. please contact our ollice. All arrangements must be made at least 72 hours prior to any hearing or business belore the court. You must allend the scheduled conference or hearing. YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU 00 NOT tlA VE AN ATTORNEY OR CANNOT AFFORD ONE GO TO OR TEl.EPHONE THE OFFICE SET FOltTlI BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HEl.P, Cumberland County Har Association 32 Suuth i1edt<mi Street Carlisle. Pennsylvania 170\3 'rclocphone (717) 24')..1 166 GREGORY D. BURKETI, Plaintiff v. : IN THE COURT Of COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 5997 CIVIL 1994 : IN CUSTODY DANETfE BURKE1T, Defendant ~ ORDER ~Nu NC,;-,", liJis ..ay oi 1995, in consideration of the attached Stipulation Regarding hereby ordered that: (I) Shared legal custody of CODY DALE BURKETI as contemplated by the Act of November 5, 1984, P.S. ~1001, et seq., is awarded to Mother and Father. (2) Physical custody of the Child, CODY DALE BURKETI shaH be shared on a week-by-week basis. Mother shall have physical cU3tody for one week, and Father shall have physical custody for the next week and the parties shall proceed alternating physical custody week-by-week with each custody exchange to occur on Monday afternoon when the parent starting his or her week of custody shall pick up the Child from the b"bysitter. (3) Notwithstanding the terms of shared physical custody set forth immediately above. the parties agree to the following with regard to holidays, and these terms shall control ,)ver the alternating weekly schedule: (a) Mother shall have physical custody of Cody Dale Burkett each MOlher's Day. If Mother's Day falls on a week which would otherwise have been during Father'~ week ",' ohvsical custody. the commerce"1~r! o~ Yt)lher',~ r.uc"~~rlj..o wr.e\; " ~ shall be accelerated to S:mday morning at 9:00 a.m. (b) Father shall have physical cllstody of Cody Dale Burkett each Father's Day. If Father's Day falls on a week which would otherwise have been during Mother's week of physical custody, the commencement of Father's succeeding week shall be accelerated to Sunday morning at 9:00 a.m. (c) Mother shall have physical custody each Thanksgiving Day from 9:00 a.m. until 2:30 p.n~. Father shall have physical custody on each Thanksgiving Day from 2:30 p.m. unlll 8:30 p,m. t.'., , , I, ., " I, " ' ~ , ~ ~ .# .j \ ()<l ~ ~ - .. ('( f - ',;J! ~ .., er- e! :c ...} ~ {. .:.. ',J ~ (l'! .' ~ ~ ~.;.... 0 i:l~ ~ ~ 1.I__ N ft'~J ~ .l.' ~ (-: ~~ ~ C"J a a " ," GREGORY D. BUllKETT PLAINTIFF IN nm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 94-5997 CIVil, ACTION LAW DANETTE BURKETT, NOW BERT DEFENDANT IN CUSTODY ORDER OF COlIRT AND NOW, Thursday, July 03, 1003., upon consideration of the allached Complaint, it is hercby dircctcd that partie$ and thcir respective counsel appear belorc _ _!"u_bert X. Gilroy, Esq. , the conciliator. at 4th Floor, Cumberland County Courth.c!use, Carlisle on Friday, July 11',1003 at 10:30 AM for a Prc-Hearing Custody Conference. At such conference, an eftort will be made to resolve the issues in dispute: or if this cannot be accomplished, to define and narrow the issues to he heard by the court, and to enter into a temporary order. All children a~e live or older may also be prcscnl at the conference. Failure to appear at the conference may provide grounds lor entry of a temporary or permanent urder. Tbe court bereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relleforders, and Custody orders to the conciliator 48 hours prior to scheduled hearlDIl. FOR THE COURT. By:. Is! ..HJJbert x. Gilroy. EJ4. ('ustody Conciliator L Thc Court of Common Pleas of Cumberland County is required by law to comply with the Ameri~ans with Disabilites Act of 1990. Fur information about accessible facilities and reasonable accommodations available to disablcd individuals having business before the court. please contact our ollice. All arrangements must be made at least 72 hours priur to any hearing or business before the court. You must attcnd the scheduled confcrence or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATrORNEY AT ONCE. I~' YOU 00 NOT HAVE AN ATTORNEY OR CANNOT AH'DRl> ONE. (jO TO OR TELEPHONE TIlE OFFICE SET FORTH BEl.OW TO FIND our WHERE YOlJ CAN GET I.EGAI. liEU'. Cumberland County liar ASSOCIation 32 South lIedtilrd Street Carlisle. Pennsylvania 170\3 Telocphone (717)24')-3166 GREGORY D. BURKElT, PlainlitTIPetitioner v. : IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY. PENNSYL V A7 : CIV:L ACTION - LAW Y ~ NO. S997 CIVIL 1994 ff 0 Z ZOID : IN CUSTODY if DANElTE BlIRKETI, NOW BERT. Defendant/Respondent AND NOW this _. day of .2003, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilrov. ESQuire. the Custody Conciliator, at 4,1h Floor. Cumberland County Courthouse. Carlisle. Pennsylvania, on Fridav. Julv 18. 2003 at 10:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be .Iccomplished, to define and narrow the issue to be heard by the Court, and to enter into a temporary Order. All children age five (S) or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanenl Order. FOR THE COllRT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business ',efore the Court, please contacl our office. All arrangements must be made at least 72 hours prior to any hearing or busineu hefore the Court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT If A VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle. Pennsylvania 17013 Telephone (717) 249-)166 6. Admitted in part and denied in part. It is denied that in the summer of 2002 Respondent refused to provide the child to Petition on every weekend. It is admitted thaI at times in the summer of 2002 there were three weeks between visits. 7. Denied. It is denied that Respondent threatens to remove the child from the Commonwealth without the benefit of a hearing required by Plowman v. Plowman, 597 A.2d 701 (1991). WHEREFORE, Respondent requests your Honorable Court to deny Petitioner's request for the entry of an Order awarding him custody of the child on every weekend and setting out a holiday and summer schedule. (:9UNTI:R.PETITIQN FOR MOlliFICATION QJ CUSlODY 8. Paragraphs I - 7 are incorporated herein as if restated in full. 9. Contemporaneously with filing this Petition for Modification of Custody, Petitioner has filed a Petition for Special Relief requesting primary physical custody of the child at issue and permission to relocate. 10. The parties are subject to an Order of Court, dated June 10, 1995, which provides fer the parties to share custody of the child on an altemating weekly basis. 11. Since the entry of the aforesaid Order, the parties' circumstances have changed so that Respondent believes, and therefore avers, that it is in the best interest of the child for her to ClIercise primary physical custody of thl: child. 20. Respondent vOluntarily did not have conlact with the child for a period of four conseculive months from August 2002 through November 2002. 21. Respondent requests periods of custody of the child approximately one weekend per month. 22. Respondent does not main lain regular or consistent phone conlacl with the child. 23. Respondent has indicated to Petitioner that his work schedule keeps him too busy to visit with the child on a regular basis. 24. Respondent does not have contact with Ihe child during the week, and has nol had conlacl or visitation with the child during the week since the parties agreed to stop the altemating weekly custody schedule. 25. Respondent is not involved in the child's education, in so far as he does not participate in school meelings and does not request copies of schOOl work. 26. Petitioner has not refused Respondent any requested periods of lime with the child. 27. Respondenl has had many oPPOrtunities to spend time with the child, but Chooul not to do so. 28. Petilioner, her husband and the child have the oPPOrtunity to move 10 Colorado on or about July I. 2003, and desire to do 10. . . 29. The child is excited about the possibility of a move and desires to do 10. 30. Petitioner is willing 10 enter inlo an arrangement with Respondent to allow him to continue 10 exercise custody of the child after the move and has advised him of such, and, in fact, has forwarded a proposed custody Stipulation and Agreement to Respondent through his counsel on June 3, 2003. 31. It is in the best interesl and pennanent welfare of the child to allow Petitioner to relocate with the child. 32. It is in the be.t interest and pennanent welfare of the child to provide Petitioner with primary physical or residential custody of the child. WHEREFORE, Respondenl requests your Honorable Court 10 schedule a Custody Conciliation Conference, at which time an Order should be entered providing her with primary physical or residential custody of the child. Respectfully submitted, I ( II' i, ) I \'\, ,,, ."l \. ,(, ~,~) Mary ou tas, Esquirc GRIFFIE ASSOCIATES 200 N. Hanover Street Carlislc, PA 17013 (717) 243.~~~ I 4. Admilled in part and denied in part. It is admilled that Respondent did not file a Petition prior to this filing. It is denied that a petition in this mailer is required by Plowman v. plowman, 597 A.2d 701 (1991). By way of further response, Respondent notitied Petitioner of her intended move approximately six months ago and has continued to discuss the move with Petitioner, who did not lodge an objection until Respondent was unavailable to respond, as she was out of state. Because Petitioner appeared to be cooperating with Respondent's intended move, Respondent did not believe that Court approval would be necessary prior to her move with the child. S. Denied. After reasonable investigation, Respondent is without sufficient information or knowledge to form a belief as to the allegations contained in this paragraph. 6. Admitted. WHEREFORE, Respondent requests your Honorable Court to deny Petitioner's request for emersency relief. 7. Paragraphs 1-6 are incorporated herein by reference as if restated in full. 8. Contemporaneously with tilins this Petition for Special Relief, Petitioner has tiled a Petition for Modi tication of Custody requestins primary physical custody of the child at issue. 9. Petitioner has exercised primary physical custody of the child since approximately November 1995, when Respondent voluntarily relinquished his periods of partial custody as outlined in the prior Order, after informing Petitioner that he was moving to Mechanicsburg. 10. Respondent continued to exercise some weekly periods of custody after his move to Mechanicsburg, but did not do so consistently. II. Respondent began exercising weekend periods of custody, and no longer exercised any weekly periods of custody, when the child began kindergarten in the fan of 1997. 12. The change in custody was discussed and agreed u,Jon by the parties prior to any change. 13, Petitioner and the child moved to Chambel'sburg in July 1999, after discussion with Respondent. 14. The parties agreed that the child would continue his education in a Christian school in Chambenburg. I S. Respondent continued to exercise weekend periods of custody until approximately the summer of 2000. 16. At that time, the child displayed hesitation and a lack of desire to go with his father on weekends. 17. During the 2000-2001 school year, the child indicated a strong desire not to go with his father on weekends, but Petitioner encouraged him to do so. 18. Respondent did not exercise every weekend period during tl'tat time, but exercised custody of the child approximately two to three weekends per month. 19. In Ihe summer of 2002, the child began to refuse to go with his father, allhouah Pelitioner continued to encourage the visits. 20. Respondentlold the child thai ifhe did not want 10 visit with his falher, he would not push him to do so. 21. Respondent has not exercised consistent periods of cuslody or visitalion with Ihe child since the summer of 2002. 22. Respondent voluntarily did not have contact wilh the child for a period of four consecutive months from August 2002 through Novemb.:r 2002. 23. Respondent requests periods of custody of the child approximalely one weekend per month. 24. Respondent does not maintain regular or consistent phone contact with the child. 25. Respondent has indicated to Petitioner that his work schedule keeps him too busy to visit with the child on a regular basis. 26. Respondent does not have contact with the child during Ihe week,and has not '.ad contact or visitation with tl:~ child during the week since the parties agreed to stop the alternating weekly custody schedule. 27. Respondent is not involved in the child's education, in so far as he does not participate in school meetings and does not request copies of school work. 28. Petitioner has not refused Respondent any requested periods of time wilh Ihe child. 29. Respondent has had many opportunities to spend time with the child, but chooses nolto do so. JO. Respondent's circumstances have changed so that Petitioner believes, and therefore avers, that it is in the beSI interesl of the child (or her to exercise primary physical cu.,tody of the child. 31, Petitioner, her husband and the child have the opportunity to move to Colorado on or about July 1,2003, and desire to do so. 32. Petitioner informed Respondent of her desire to relocate with the child as early as January 2003. 33. Petitioner's extended family reside!! in Colorado. 34. Petitioner's husband has secured full time employment in Colorado. 3S, The child is excited about the possibility of a move and desires to do so. 36. On or about May 17, 2003, Respondent agreed to crue for the child while Petitioner and her husband finalized the plans for the move and mad new housing arrangements in Colorado, from June 14, 2003 to June 22, 2003. 37. Petitioner forwarded written correspondence to Respondent on June S, 2003, confirming his intention to care for the child while she was out of state and confirming her intended move date. 38. Respondent contacted Petitioner approximately May 14,2003, and questioned her about the move to Colorado, at which point Petitioner confirmed the move again. 39. Respondent has had discussions about the move with other individuals, including the mother of his other child. 40. Respondent had not, to that point, voiced any opposition to Petitioner's desire to relocate with the child. 41. Petitioner believed the matter of Respondent's periods of partial custody and her relocation was resolved between them. 42. Petitioner is willing to enter into an arrangement with Respondenl to allow him to continue to exercise custody of the child after the move and has advised him of ..$ ~ c:r tV If) ~ Q ~ ~ ~ !Y:" .. .' ~ ~ ..? ;,1.... :r '" (5\' :t': i.,).?t ~ - ~: C4. ,) ... I't) 1I :.:. ~' ",?h & - .t"" ........ (,:! I I 'J ~(J ~ ~ _I re' to.;; ~ " '1;;_ 4.1 ~ ~ I:..lti! ~ r", ~ c.. i3 . . . . . ., " " ~ p, >- C\! ~ ,- .. ("" ~ , Uj' ~ <.. (-- rL' :1:; (.) , -, . "- ,J' Cll, Etl Q '.) " M t.i.: ~_" =I ~&! ," t:, B . . I, " . . GREGORY D. BURKETT, Plainlill7Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW SEP 0 5 2003 \ DANETTE BURKETT, NOW BERT, Defendant/Respondent ; NO. 5997 CIVIL 1994 ; IN CUSTODY AND NOW this ,f l day of (~fl, , 2003, the atlatbed <;:ustody Stipulalion and Agreement is bereby made an Order of Court. BY THE COURT, ~:fcf J. ee: ...cllol J. Lindsay, Esquire Allorneyfor Plaintiff ~:a~"\ ~ ~,.~ V'Marylou Matas, Esquire Q..J _ Allorney for Defendant " I\:) cq.Jl.-(l3 NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and a/Jree as follows; 1. Mother and Falher shall exercise shared legal custody of the child. 2. Mother shall exercise primary physical custody of the child. 3. Father shall exercise periods of partial physical custody of the child at the following times: a.) When the child attends school on a year round basis: i.) for two (2) conseculive weeks during each of the child's spring and fall breaks from school, anticipated to be in approximately March and September each year. Mother will provide Father with a copy of the school schedule for the year as soon as it is available from the school district. Father will identify the weeks during which he will have custody of the child under this sub-heading and under the sub-headings i, ii, iii, iv below and will provide Mother thirty (30) days notice ofthe weeks he intends to exercise; ii.) for four (4) consecutive weeks during the child's summer break from school, anticipated to be in approximately June each year; iii.) for three (3) consecutive weeks during the child's winter break from school during the 2003-2004 school year and alternating years thereafter, anticipated to be in approximately December each year, to include Christmas Day; Iv,,) for four (4) consecutive weeks during the child's winter break from school during the 2004.2005 school year and altemative years thereafter, anticipated to be in opproximately December eoch year, not to include Christmas Day; b.) When the child oltends school lor a typical school year: i.) for eight (8) consecutive weeks during thc child's summer vacation, to end at least one week prior to thc start of the child's ncxt school year; and ii.) ot least half of thc child's Christmas break from school, to include Christmas Day in odd numbered years, with the times to be specified by the parties; ond c.) At other times as the parties may agree. 5. Father shall provide transportation for all of his periods of custody. Father sholl provide airline tickets for the child for transfers of custody and Mother shall delivcr thc child to a Metropolitan airport to initiate the periods of Father's custody and shall pick him up therefrom. It is anticipated that the nearest metropolitan airport would be the Denver airport. 6. Father shall provide appropriate child care accommodations for the child during his periods of partial physical custody. 7. Mother shall terminatc the support action and waive any remaining arrears docketed to Number 1110 S 94, in Ihe Court of Common Please of Cumberland County, Pennsylvania, Domestic Relations Section, as of the day Mother and child move from Pennsylvania. Remaining arrears will be waived on the condition that Father has . . ensure that the health and well-being of the child is protected. During such illness or medical emergency, bolh parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 12. Neither parent shall do anything which may estrange the child from the other party, 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 and affection for the other party. 13. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 14. The parties desire that this Stipulation and Agreement be made an Order ofCourl of the Court of Common Pleas ot' Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County shall, in fact, retain jurisdiction over this custody mailer in consideration of the fact that significant contacts with the child will remain in Cumberland County pursuant to the terms of the Order. 1'. The parties stipulate that in makinlJ this AlJreement, there has been no fraud, concealment, overreaching. coercion, or other unfair dealing on the part of the . other party. ) t i ~ ,... r; 'L.. &1:' " ", ". .. f: ') ,- ~ l;? I.J..} ',' ~,! : ~r:: ' ., .,......" 1- L;o. ',:j .!,I '."'. . .l~ ". 'iI} , , ,~; ., l '" 4, i i;_U I...' ': !I,l~ .... "~, I.'. 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