HomeMy WebLinkAbout95-04570
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parents jointly, after discussion and consultation with each other
and with a view towards obtaining and following a harmonious policy
in the child's best interest.
(b) Each party agrees to keep the other informed of the
progress of the child's education and social adjustments. Each
party agrees not to impair the other party's right to shared legal
or physical custody of the child. Each party agrees to give
support to the other in the role as parent and to take into account
the concerns of the other for the physical and emotional well-being
of the child.
(c) While in the presence of the child, neither parent
shall make or permit any other person to make any remarks or do
anything which could in any way be construed as derogatory or
uncomplimentary to the other parent. It shall be the express duty
of each parent to uphold the other parent as one whom the child
should respect and love.
(d) It shall be the obligation of each parent to make
the child available to the other in accordance with the physical
custody schedule and to encourage her to participate in the plan
hereby agreed and ordered.
(e) Each parent shall have the duty to notify the other
of any event or activity that could reasonably be expected to be of
significant concern to the other parent.
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(f) The parente shall communicate directly with one
another concerning any parenting issue requiring consultation and
agreement and regarding any proposed modifications to the physical
custody schedule, which may from time to time become necessary, and
shall specifically not use the child as a messenger. Furthermore,
until the child attains the age of ten (10) neither parent shall
discuss with the child any proposed changes to the physical custody
schedule, or any other issue requiring consultation and agreement,
prior to discussing the matter and reaching an agreement with the
other parent.
(g) With regard to any emergency decisions which must be
made, the parent with physical custody of the child at the time
shall be permitted to make the decision necessitated by the
emergency without consulting the other parent in advance. However,
the parent with physical custody making an emergenc.y decision shall
inform the other of the emergency and consult with him/her as soon
as possible. Day-to-day decisions of a routine nature including
those relating to medical care shall be the responsibility of the
parent having physical custody at the time.
(h) Each parent shall be entitled to complete and full
information from any doctor, dentist, teacher or authority and have
copies of any reports given to them as a parent. Such documents
include, but are not limited to, medical reports, academic and
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school report cards, birth certificates, etc. Both parents may and
are encouraged to attend school conferences and activities. The
Father's name shall be listed with the school as the alternative
parent to be contacted in the event of an emergency and to be
notified regarding school events. However, it will be Mother's
primary responsibility to provide Father with copies of report
cards and all notifications of major school events.
(i) Neither parent shall ,schedule activities or
appointments for the child which would require their attendance or
participation at said activity or appointment during a time when
they are scheduled to be in the physical custody of the other
parent without that parent's express prior approval.
(j) The parties hereby acknowledge that they have
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discussed and jointly made the following decisions:
1. The parties agree that Jones Daley
Caldron, et al, will be the child's pediatrician and
accordingly, will provide medical treatment to the child
when necessary.
2. The parties acknowledge that the child's
legal name is Paige Lorraine Zembower and that she shall be
known by this name for all purposes. The parties agree that they
will instruct their respective families and friends that the child
should not be referred to by any other name.
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3. The parents acknowledge that they each expect
the child to attend college and if they are a good student
with a high probability of gaining entrance and succeeding
in college. The parties agree that they shall each be
actively involved in the selection of an appropriate
post-high school education for the child and that the
choice of any college or institution shall be mutually agreed
upon by Father, Mother and the child, taking into
consideration the parents' then financial ability and economic
circumstances, and the child's needs, desires, talents and
aptitudes for post-high school education.
II. PHYSICAL CUSTODY
The parents shall share physical custody of the child.
Father shall have
Mother shall have primary physical custody.
visitation and partial custody as periodically determined by mutual
agreement. The parties may by mutual agreement provide for periodic
visitation.
Failing mutual agreement to the contrary, the
following schedule shall apply:
a) On alternating weekends with Father from
Friday at 4:00 p.m. until Saturday at
5:00 p.m.
b) One mid-week visitation with Father on
Wednesday or Thursday from 4:00 p.m.
until 7:00 p.m.
c) On alternating holidays with Father, the
holidays being Easter, Memorial Day,
Fourth of July, Labor Day and Thanksgiving.
The holidays that include Memorial Day,
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Fourth of July and Labor Day will extend
from 5:00 p.m. the preceding day until
5:00 p.m. on the holiday itself. Easter
and Thanksgiving Day will commence from
10:00 a.m. to 5:00 p.m. Father will have
Thanksgiving Day in 1995 and the holidays
will alternate thereafter.
d) Christmas will be split into two segments.
The first beginning at 12:00 noon on
Christmas Eve until 12:00 noon on Christmas
Day; and the second at 12:00 noon on
Christmas Day until 12:00 noon on December
26th. The parties will alternate these two
segments with Mother having the first segment
in 1995.
h)
Father's Day from the day preceding Father's
Day at 5:00 p.m. until Father's Day at
5:00 p.m.
Mother's Day weekend with Mother.
Each parent shall have physical custody
of the child for attendance at family
funerals and weddings with reasonable
notice to the other parent.
The parties understand that the physical
custody arrangement was entered into by
mutual agreement. Either party may petition
the Court for a modification of this physical
custody arrangement without the necessity of
showing a change in circumstances.
e)
f)
g)
III. TELEPHONE PRIVILEGES
The parties agree that there shall be reasonable telephone
The parents are
access between the child and both parents.
encouraged to place telephone calls to the child between 5:00 p.m.
and 7:00 p.m. so as not to interfere with dinner or bedtime. The
child shall be permitted free access to place calls to her parents
at any time she desires.
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VI. RELOCATION
The parties have negotiated the custody and partial custody
portions of this Agreement based upon existing circumstances, and
in particular, based upon Wife'S and Husband's current residences
in Cumberland County, Pennsylvania. If either parent desires to
establish a residence more than twenty-five (25) miles from his or
her present residence, he or she shall give the other parent at
least ninety (90) days written notice in advance of the proposed
move, in order to give the parties the opportunity to confer, prior
to the relocation, and to establish a mutually satisfactory
arrangement as to custody and partial custody in light of the
changed circumstances. In the event that the parties are unable to
reach an agreement, then the Court of Common Pleas of Cumberland
County shall have jurisdiction over them to fashion an appropriate
custody/partial custody.
V. TRANSPORTATION
For all visits contemplated hereunder, the receiving
parent shall be responsible for picking up the child at the
designated time at the residence of the other parent, or at such
other location as they shall mutually agreed.
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