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HomeMy WebLinkAbout99-02251 ,-.,c. '. \;) r, '" }~ :" , ;".,"""' :.~ ,,~~:t:" . ~II';,::, w;~ ",':j:,,~ :;'W',<i.-.r" ~";;;""""".'" hJ~>?~~~:jj:~ Holly Sauer Slipulallon of Parties Aprll1( 1899 . t A~& V IN Re: MARIE A. BAUER, A MINOR CHILD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999. .).ls-t &vu 7".u.-- IN CUSTODY STIPULATION OF THE PARTIES 1, The parties hereto are Holly C. Hoffman Bauer hereinafter WIFE and Harrison Bauer hereinafter HUSBAND. 2. The parties are parents of the child Marie A. Bauer born May 17, 1995. 3, The parties have executed a Marital Settlement Agreement contemporaneously with the execution of this Stipulation and wish to incorporate the terms of the Marital Settlement Agreement as they relate to custody of the child into a separate Court Order. The parties shall have shared legal custody of their minor daughter Marie A. Bauer. The parties shall have shared physical custody of said child in accordance with the schedule hereinafter set forth. HUSBAND need not seek employment but rather may remain out of the work force and provide full time care for Marie while WIFE is working or on call. Both parties agree and understand that there will be numerous occasions when the child Is with the mother during the daytime hours and the child is with the father during the nighttime hours. Both parties agree and understand that it is important that each serve in all roles as parent consistent with their shared custody arrangement. Based upon the foregoing general agreement of the parties, HUSBAND shall have custody of the child during the hours that WIFE is at work or on call. WIFE shall provide HUSBAND with a copy of her schedule within five (5) days after she receives it. On weekdays r'3f/8 Holly Bauer SUpulation 01 Parties April 14: 1999 ' when WIFE works, she will deliver the child to HUSBAND'S residence at 7:45 a,m. When the WIFE retums home from work, generally between 5:30/6:00 p.m., HUSBAND will deliver the child to WIFE'S residence. On weekdays and weekends when WIFE is not required to work, the child shall be in the custody of WIFE. On WIFE'S on call weekends, HUSBAND shall have custody of the child from 7:45 a.m. Saturday until Monday morning. On weekends when WIFE is on part. time duty, HUSBAND shall have the child from 7:45 a.m. until 11:00 - 11:30 a,m. Saturday and from noon to 3:00 p.m. on Sunday; provided, however, that HUSBAND shall have custody of Marie for at least seven (7) overnights every five (5) weeks, in addition to holidays and vacations as set out below. WIFE will not take on additional work hours. However, she may elect to work fewer hours and therefore have custody Marie for an additional four to eight daytime hours per week. Marie shall spend Fathers Day with father and Mothers Day with mother. Each parent will have custody of Marie for half of each Christmas Day. In odd numbered years, Marie will be with HUSBAND Christmas Eve night at 8:30 p.m. till Christmas Day at 3:00 p.m. at which time HUSBAND shall deliver her to WIFE'S residence. In even numbered years, the child will be with mother on Christmas Eve night at 8:30 p,m. until Christmas Day until 3:00 p.m. at which lime WIFE shall deliver the child to HUSBAND'S residence. Each parent shall have an equal share of holidays with the child. On odd numbered years, the child will be with HUSBAND on Easter, Independence Day, and Halloween. The child will be with WIFE on these holidays in even numbered years. On even numbered years, the child will be with HUSBAND on Memorial Day, Labor Day and Thanksgiving. The child will be with WIFE on these holidays in odd numbered years. 2 tI6 ffrJ Holly Bauer SlipuraUon of PMles April 14: 1999 . Each parent shall have an equal number of vacation days not to exceed four weeks per year with the child which shall include up to twelve (12) days for the purpose of visillng grandparents. Out of state visits or vacations shall be arranged with reasonable advanced nollce to the other parent. When either the maternal or paternal grandparent(s)visit Cumberland County, Pennsylvania, said grandparent(s) shall have liberal access to the child regardless in whose custody she is during such time, up to twenty.one (21) days per year. The child will remain resident with the parent with whom she would normally have resided during those visits, unless both parents agree otherwise. Both parties agree that they will obtain the approval of the other party to any proposed short term or long term child care arrangement with the third party, other than with a grandparent or other relative over eighteen years of age. The parties agree that the child shall attend South Middleton schools unless they mutually agree to a different school district. Further, both parties agree to reside within a thirty-mile radius of the Borough of Carlisle. The fOlegoing custody arrangement shall continue in force and effect until child enters first grade, at which time HUSBAND plans to return to the work force and the custody schedule of the<:.';0;~ parties will be adjusted to one which serves the best interests of the child at that time. BOlt1').t~i ;:':""',_">':,:,'j/r!.~~! parties are aware that child custody arrangements are always subject to modification based upon;;'};';:;'!, ,,:,-,;'::';,;.,;:-?/.~~ the change of circumstances and/or the best interests of the minor child. In the event thaftti~';it,Rf\l proposed arrangement requires modification in the best interests of the minor child, both parties'>"';!i~~'W '.......'>'.'!.., , . "_""r.; will cooperate with each other in revising the agreement to one which suits Marie's best interests>"}tt; ,",:...,.\;. ',,";',"':."-":.' .. -..:_ :', Co _~.:.....,.~ Both parties have been advised by counsel that in the absence of their ability to agree, eith~~,;:q. 3 fI/3 ~ Holly Bauer Stlpulallon of Parties April 14. 1999 . party has the right to have the issue of child custody decided by the Court of Common Pleas of Cumberland County, Pennsylvania. When Marie enters first grade, the HUSBAND plans to return to the work force, and the custody schedule of the parties shall be adjusted to one which serves the best interests of Marie at that time. Provided, further, that any modification or waiver of any of the provisions of this Custody Agreement shall be effective if only made In writing and only fully executed with the same formality as this Agreement, and this Custody Agreement, and its accompanying Order shall remain in full force and effective unless or until so amended by the parties or by further Order of Court. Notwithstanding the above, nothing shall prohibit the parties from voluntarily adjusting the schedules set out herein to accommodate one or the other of them or to make necessary alterations on Marie's behalf without a writing, so long as the parties are In agreement. / The parties desire that this Agreement be made an Order of Court in the Court of Common Pleas of Cumberland County, Pennsylvania, and further acknowledge that the Court of Common Pleas of Cumberland County, Pennsylvania, does, in fact, have jurisdiction over the Issue of the custody of the parties' minor child and shall retain such jurisdiction should circumstances change ., and either party requests a modification of said Order. II z::iL, This Stipulation Is made this /7 day, of April 1999. ~ e(l !Jc:' H~ Hoffman Bauer ~~]J~ Harrison Bauer 4 t'~ ...' '1,,' ~<~ ;t ; '-f k l'o! I, , L F f:; f-, (: ,. "; r: I': c .. ~" ": !. .' I' ~ ~ ~ 'V) ----- f'-J ,~ '" >- ~ \J) t: \t' c: >-' .. .' 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