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Home My WebLink About04-3051CATHY R. BAILEY, Plaintiff v. ANDREW M. BAILEY, Defendant COMPLAINT FOR CUSTODY Plaintiff is Cathy R. Bailey, an adult individual currently residing at 1797 Cessna Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Andrew M. Bailey, an adult individual currently residing at 504 Third Street, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of four (4) children, namely, Anthony Michael Bailey, born November 21, 1990, Tiffany Renee Bailey, born September 6, 1996, Jon Thomas Bailey, born September 6, 1996, and Samuel Robert Bailey, born September 20, 1997 (hereinafter referred to as "Children"). The children were not born out of wedlock. 4. For the past five (5) years, or since the children's birth, the children have resided with IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. ~ ~' 3®.S~/ CIVIL TERM IN CUSTODY the following persons at the following addresses for the following periods of time: NAME ADDRESS DATES Cathy R. Bailey 1797 Cessna Street Carlisle, PA 17013 October 2003 to Present Cathy R. Bailey 1797 Cessna Street Birth to Andrew M. Bailey Carlisle, PA 17013 October 2003 The natural mother of the children is Cathy R. Bailey who resides as aforesaid, She is married. The natural father of the children is Andrew M. Bailey who resides as aforesaid. He is married. 5. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides alone with the children. 6. The relationship of the Defendant to the children is that of natural father. Defendant currently resides alone. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children. 8. Plaintiff has no information of any custody proceedings concerning the children pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the children to grant the relief requested because: a) Plaintiff has been and continues to be the primary caregiver for the parties' children from the time of their birth through present; b) Defendant has shown an inability to provide for the financial, physical, or emotional needs of the children; c) Defendant has insufficient space in which to care for the children, which results in detriment to the children's well-being; d) Plaintiff is better able to provide for the financial, physical, and emotional needs of the children. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to schedule a Custody Conciliation Conference followed by a hearing at which time she should be granted primary physical custody of the children. Respectfully submitted, l- Brian C. Bornman, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: ~j _ a S"~ ~ ~ ~ ~ CATHY R. B EY, Plaintiff ~,' 1 ~ U, ~~ ~ ~~ U ~ ~, `~_ v ~ ~ ~. R; ` -~ ~~ ~~ ~ _. CATHY R. BAILEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-3051 CIVIL AC"TION LAW ANDREW M. BAILEY IN CUSTODY DEFF.,NDANT ORDER OF COURT AND NOW, Tuesday July 13, 2004 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, aY 4th Floor Cumberlaud Couuty Courthouse, Carlisle on Fridaa, July 30, 2004 at 8:30 AM for aPre-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. A11 children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby 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 hearing. FOR THE COURT, By: /s/ Hubert X. Gilrov F~q,_ mhc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information abocrt accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TI3IS PAPER TO YOUR ATTORNE'Y' AT ONCE. IF YOU DO NOT HAVE AN A'TTORNEl' OR CANNOT' AFFORD ONE, GO TO OR TELEPHONE T'HE OFFICE SE'T FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 ~~~~tiFE~F', 1; ~~~;'I~~~ti'C-I ^in S 0 .~ ~~ E B x;11' h001 n ,~ -rri ~i ~ .Je11LJ~~~~ CATHY R. BAILEY, 1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v :CIVIL ACTION -LAW ANDREW M. BAILEY, : NO. 04-3051 CIVIL TERM Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Andrew C. Spears, Esquire, acknowledge that on July ~~, 2004, I received a true and attested copy of the Order of Court date July 13, 2004, and related Complaint for Custody in the above captioned action and further acknowledge that I am authorized to do so on behalf of my client, Defendant, Andrew M. Bailey. Date:_ ~ , ~ ~~ Sworn and subscribed to before me this day of , 2004 ~~--- Andrew C. Spears, Esquire Metzger, Wickersham, Knauss & Erb, PC P.O. Box 5300 Harrisburg, PA 17110 NOTARY PUBLIC ~ na i'... o~x~o (~ ,-rr 3:' ~~~~~~~ tom. i7 ~T: C.3 C3 ~~ ~' f ) ` _ d. J --~ .. ~ '~ Y.S.y '~.a ~ CATHY R BAILEY, AUG 1 0 2004 IN THE CCIURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION -LAW ANDRE W M. BAILEY, : NO. 2004 -• 3051 Defendant IN CUSTOIIY COUR- T ORDER AND NOW, this ~ day of August, 2004, u ;Pon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1• The parties shall submit themselves and the minor children to a custody evaluation to be performed by an evaluator selected by legal counsel for the mother. The evaluator shall be an independent evaluator in performing the evaluation and shall share the results of the evaluation with legal counsel for both parties. Cost of the evaluation shall bye paid for by the mother subject, however, to the mother having the ability to request the Court to assess father a portion of the cost of the evaluation once the evaluation is complete and a final custody order is entered. 2• Pending further order of this Court, the following temporary custody order is entered: a. The mother, Cathy R. Bailey, and the father, Andrew M. Bailey, shall enjoy shared legal and shared physical custody of Anthony Michael Bailey, born November 21, 1990, Tiffany Renee liailey, born September 6, 1996, Jon Thomas Bailey, born September 6, 15196, and Samuel Robert Bailey, born September 20, 1997. b. Physical custody shall be handled on a 4 day on/4 day off basis with the parties alternating custody in accordance with father's work schedule and in accordance with the custodial schedule the parties have implemented over the past year, c. The parties will work with each other to ensure that all the children have consistent bed times and other consistent parenting rules. 3. Pending the conclusion of the evaluation aind in the event any custody issues arise relative to holidays or other matters„ legal counsel for the parties may contact the Conciliator directly to schedule a telephone conference call to address those issues. BY THE Judge -~ ` .. cc: -•Brian C. Bornman, Esquire Andrew C. Spears, Esquire `,~ Dg-12-0~ CATHY R BAILEY, AUG ~ ~ POO4 IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW ANDREW M. BAILEY, : NO. 2004 - 3051 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Anthony Michael Bailey, born November 21, 1!)90, Tiffany Renee Bailey, born September 6, 1996, Jon Thomas Bailey, born September 6, 1996, and Samuel Robert Bailey, born September 20, 1997. 2. A Conciliation Conference was held on July 30, 2004, with the following individuals in attendance: The mother Cathy R. Bailey, with her attorney, Brian C. Bornman, Esquire, and the father, Andrew M. Bailey, with his attorney, Andrew C. Spears, Esquire. 3. The parties have been separated for approldmatel;y one year and have an existing custodial arrangement of 4 days on/4 days off wluch is dictated by fathers work schedule. Mother is now seeking primary custody. Mother is prepared to have a custody evaluation performed, but father is unwiilling to contribute towards the evaluation. Mother asked that the Court consider at a later date whether father should be compelled to contribute to the cost of the evaluation. 4• The Conciliator recommends an order in the form as attached ~t ° y DATE ~~ Hubert X. Gilroy„ E Custody Conciliator ~1J ,~t,(~ „ ~~ ~ :1'i. a CATHY R. BAILEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v :CIVIL ACTION -LAW ANDREW M. BAILEY, NO. 2004-3051 CIVIL TERM Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes Petitioner, Cathy R. Bailey, by and through her counsel of record, Brian C. Bornman, Esquire, and the law firm of Griffie and Associates and petitions the Court as follows: 1. Petitioner is the above named Plaintiff, Cathy R. Bailey, an adult individual currently residing at 1797 Cessna Street, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is the above named Defendant, Andrew Bailey, an adult individual currently residing at 504 Third Street, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of four (4) children, namely, Anthony Michael Bailey, born November 21, 1990, Tiffany Renee Bailey, born September 6, 1996, Jon Thomas Bailey, born September 6, 1996, and Samuel Robert Bailey, born September 20, 1997. 4. Plaintiff/ Petitioner filed a custody complaint on July 1, 2004 to address the issues surrounding custody of the children. 5. A custody conciliation conference was held with Hubert Gilroy, Esquire on July 30, 2004. A copy of the Order arising from this conciliation is attached hereto and incorporated herein by reference as Exhibit "A". 6. On Saturday October 16, 2004, one of the children, Anthony Michael Bailey, became very distraught while in the caze of a babysitter during his Father's period of custody. After repeated attempts to contact his Father by telephone, Anthony called his Mother and informed her that he was thinking about stabbing himself. 7. Due to statements made by the child, Mother determined that, in his current emotional state, he needed to be in the caze of one of his parents. As the Father could not be reached, Mother picked up the child from Father's house to care for him. 8. Anthony expressed great distress and concern over a number of issues that were occurring with his Father. 9. Petitioner took Anthony to his psychologist, Deborah L. Snelson, M.A., Licensed Psychologist, on October 18, 2004 to address the issues he had expressed to her. His psychologist directed that Anthony should not have contact with his Father at this time and for the immediate future. A copy of this letter is attached hereto and incorporated herein by reference as Exhibit "B". 10. Petitioner is unable to gather sufficient funds to pay for the custody evaluation and to move this forward toward a custody hearing. Defendant/ Respondent is unwilling to voluntarily contribute to the payment of a custody evaluation although this would be beneficial to the court in addressing the issue of custody and is particularly important in light of the recent breakdown of the relationship between the children and their Father. 11. Petitioner is fearful that forcing Anthony to continue to visit with his Father in contravention to his psychologist's recommendations and her best judgment would cause immediate harm to Anthony. 12. Defendant/ Respondent has, in the past, and continues to transport Anthony in the cargo area of a sport utility vehicle, despite repeated requests by Petitioner to secure the child in a seat. 13. Anthony does not have any privacy or personal space while in Father's custody due to Father having only a two bedroom apartment. 14. Anthony has expressed that he is extremely afraid of his Father and that he believes his Father is always humiliating him in front of other people. He also expressed that he has been threatened by his Father with physical abuse. 15. Anthony expressed that he does not trust his Father and believes that he may try to harm him. 16. Attorney for Defendant/ Respondent has been provided with a copy of this petition on October 19, 2004 and does not concur in the filing. WHEREFORE, Petitioner requests your Honorable Court to enter an Order modifying the Custody Order dated August 11, 2004 to provide that Anthony Bailey shall have no unsupervised visitation with his Father until further Order of Court, and that visitation shall occur only upon recommendation of the child's treating psychologist. Respectfully submitted, ~/ ;/ Brian C. Bornman, squire Attorney for Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: l~l - -d CATHY E CATHY R. BAILEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW ANDREW M. BAILEY, NO. 2004-3051 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Brian C. Bornman, Esquire, hereby certify that I did, the ~~SVday of October, 2004 cause a copy of Plaintiff/Petitioner's Petition for Special Relief to be served upon Defendant by first class mail, postage prepaid and by certified mail, restricted delivery at the following address: Andrew Spears, Esquire Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 DATE: D ~ - D -(r`_. Brian C. Bormnan, Esquire Attorney for Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 AUG 1 0t0oa CATHY R BAILEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW ANDREW M. BAILEY, NO. 2004 - 3051 Defendant IN CUSTODY COURT ORDER AND NOW, this ~ day of August, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The parties shall submit themselves and the minor children to a custody evaluation to be performed by an evaluator selected by legal counsel for the mother. The evaluator shall be an independent evaluator in performing the evaluation and shall share the results of the evaluation with legal counsel for both parties. Cost of the evaluation shall be paid for by the mother subject, however, to the mother having the ability to request the Court to assess father a portion of the cost of the evaluation once the evaluation is complete and a final custody order is entered. 2. Pending further order of this Court, the following temporary custody order is entered: a. The mother, Cathy R. Bailey, and the father, Andrew M. Bailey, shall enjoy shared legal and shared physical custody of Anthony Michael Bailey, born November 21, 1990, Tiffany Renee Bailey, born September 6, 1996, Jon Thomas Bailey, born September 6, 1996, and Samuel Robert Bailey, born September 20, 1997. b. Physical custody shall be handled on a 4 day on/4 day off basis with the parties alternating custody in accordance with father's work schedule and in accordance with the custodial schedule the parties have implemented over the past year. c. The parties will work with each other to ensure that all the children have consistent bed times and other consistent parenting rules. 3. Pending the conclusion of the evaluation and in the event any custody issues arise relative to holidays or other matters, legal counsel for the parties may contact the Conciliator directly to schedule a telephone conference call to address those issues. BY THE COURT, cc: Brian C. Bornman, Esquire Andrew C. Spears, Esquire TRUE COPY FRAM In Testimony whet.. f, I here ~ and a soal of sad'~~C c t ~n~....,,1,1..., v RECbRD ao set my hand Aisle. Pa. , i AUG 1 0 2D04 CATHY R BAILEY, Plaintiff v ANDREW M. BAILEY, Defendant IN THE COURT OF COMMON PLEAS OP' CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2004 - 3051 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Anthony Michael Bailey, born November 21, 1990, Tiffany Renee Bailey, born September 6, 1996, Jon Thomas Bailey, born September 6, 1996, and Samuel Robert Bailey, born September 20, 1997. 2. A Conciliation Conference was held on July 30, 2004, with the following individuals in attendance: The mother Cathy R. Bailey, with her attorney, Brian C. Bornman, Esquire, and the father, Andrew M. Bailey, with his attorney, Andrew C. Spears, Esquire. 3. The parties have been separated for approximately one year and have an existing custodial arrangement of 4 days on/4 days off which is dictated by fathers work schedule. Mother is now seeking primary custody. Mother is prepared to have a custody evaluation performed, but father is unwilling to contribute towards the evaluation. Mother asked that the Court consider at a later date whether father should be compelled to contribute to the cost of Lhe evaluation. 4. The Conciliator recommends an order in the form as attached. 8~~1a y DATE-~ Hubert X. Gilroy, E Custody Conciliator Deborah L. Snelson, M.A. LICENSED PSYCHOLOGIST 2 Tyler Court Carlisle, PA 17013 717-249-1033 Fax # 717-245-9036 ~~ ~ ~,~ ~ .~~~, ~~~~ ~~ ~ °~`~ O e d ~ -~ RAJ \_~ O ' (J _~ _ .1 ., 1 i rl i ~ (J 1 J r.~ ;. s i C~ ii v , bC~ 2 ~ 2004 CATHY R. BAILEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ANDREW M. BAILEY, Defendant CIVIL ACTION -LAW NO. 2004-3051 CIVIL TERM IN CUSTODY ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW this ~_~day of U ~ , 2004, upon presentation an consideration of the within Petition, it is hereby ORDERED and DECREED thatD.. N~1 ~, ~,Q~e„6~2.eJ~ ~ Ol.~+`I }Fri i~ S •CeT /•'oo~ •M . -~._n a... • ...1 n r,Pnilinrt Fa}hPr~c nn.in.lc of nAl'tlal p , er shall ~y.~y~pp~nnc of rn 4 ~7f.18~lt~l tip '^ ^~`•~a-_" • ~16bYY{ Roilay ~nt-I h-ld's gi a ora L. neson. l nE'issn~'ofeereerge~c~ndi~catiun.at'.cuctecl3-Fe~ee rhP rncYc of a ea~g'eo[~'iiiateeir:rrna~e-r}:aerle~ Ljntil,PPll 4},P T AY}1PC 1C hPTPh'! rPfPrr~rl t~t`~ v t , , , z rat~r,C2nciliata~ :~ ,,,,ahiP rn rParh an aPreement on this matter, this matter shall be ~5 cc: /Brian C. Bornman, Esquire Attorney for Plaintiff/Petitioner drew Spears, Esquire Attorney for Defendant/ Respondent Co.;Z~' ~~~.-.~~.~s~c~a.~t~ ~~S C~-~;'c~ 7 ~5 ~a-a~-oy J. CATHY R. BAILEY, IN THE COURT DF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION - LAW ANDREW M, BAILEY, N0. 2004-3051 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this 28th day of October, 2004, we enter the following temporary order: Judge Baiely's order of August 2004 is amended to provide that Anthony Michael Bailey shall not be required to visit with his father until further order of court. Dad is directed to participate with the child in counseling sessions with Miss Snelson. Once the child is prepared to resume visitation, Judge Bailey's order shall then go back into effect as it relates to Anthony Michael Bailey. We will review the status of this matter upon petition of either party after at least one counseling session with Miss S on as been completed. By e Court, wara ~. Uuiao, ~. ~ian C. Bornman, Esquire For Plaintiff/Petitioner drew C. Spears, Esquire For Defendant/Respondent mlc J op"`' 09 i~"~9 t ~~ r~:_: -_ ,. ~.~Af I~ 9Z ~ 1 ~~s~ 6~ .~~Q h~Gl nt~~1r~~i~F-~~}~d ~~-t~..~~~ F \FILESIDATAFILE\General\Curtenft11371 13 praecipecustody Created. 9!20!04 0~06PM Revised 11110/04 3.O4PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CATHY R. BAILEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. v. ANDREW M. BAILEY, Defendant TO THE PROTHONOTARY: NO. 04-3051 CIVIL ACTION -LAW IN CUSTODY PRAECIPE Please withdraw the appearance of Metzger Wickersham Knauss & Erb on behalf of Defendant in the above matter. METZGER WICKERSHAM KNAUSS & ERB By: Andrew C. Spears, Esquire I.D. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 (717) 238-8187 Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. Date: Novembe~~, 2004 MARTSON DEARDORFF WILLIAMS & OTTO B ~ " ~~~lN' Y Jennifer =~. Spears, Esquire I.D. No. 87445 Ten East High Street Carlisle, PA 17013 (717} 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Brian C. Bornman, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO Y cia D. Eckenroa Ten East High Street Carlisle, PA 17013 (717) 243-3341 ~~~~~~ Dated: November ~~ , 2004 L ~ ~~ ~,y ;; a ~ ,,. ' r - ,. ~ _', ' ~ ; _, c'.;i , , ~ _,~ ~.., I .:' w:' . ',;; CATHY R. BAILEY, Plaintiff v. ANDREW M. BAILEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-3051 Civil Action -Law In Custody STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between CATHY R. BAILEY (hereinafter referred to as "Mother") and ANDREW M. BAILEY (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of the following four (4) children: Anthony Michael Bailey (born 11/21/90); Tiffany Renee Bailey (born 09/06/96); Jon Thomas Bailey (born 09/06/96); and Samuel Robert Bailey (born 09/20/97); WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their children; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: 1. Mother and Father shall exercise shared legal custody of the children. FLOWER ~ LIlVDSAY errowvEVS.,~:uw 26 West High Street Carlisle, PA 2. Mother shalt exercise primary physical custody of the children. 3. Father shall have contact with the minor child, Anthony, once the child is prepared to resume visitation. In that event, Mother will not prevent contact. 4. Father shall exercise partial physical custody of the other minor children Tiffany, John and Samuel on alternating weekends from Friday after school through Sunday at 5:30 p.m. 5. Father shall be responsible for transportation to begin his periods of custody on Friday afternoons. The parties shall share transportation on Sundays with custody exchanges occurring at Nell's Grocery Store. 6. The parties shall alternate the holidays of Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving, so that in odd numbered years, Mother shall exercise custody of the children for Easter, Fourth of July and Thanksgiving and Father shall exercise custody of the children on Memorial day and Labor Day. In even numbered years, Mother shall exercise custody of the children on Memorial Day and Labor Day and Father shall exercise custody of the children on Easter, Fourth of July and Thanksgiving. The times for these holidays shall be from 9:00 a.m. to 8:00 p.m. on the day of the holiday. 7. The Christmas holiday shall be shared so that the Mother shall exercise FiAWERIS ~ LINDSAY . ~,, 26 West High Street Carlisle, PA custody of the children on December 24 at 3:00 p.m. through December 25 at 3:00 p.m. Father shall exercise custody of the children from December 25 at 3:00 p.m. through December 26 at 3:00 p.m. 8. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both 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. 9. 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. 10. 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. 11. The parties desire that this Stipulation and Agreement be made an Order of 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. 12. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 13. 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 or undue influence. 14. Pursuant to local rule 208.3(a), this matter has been previously ruled upon by Judge Bayley. SAIDIS, ~7~OWER ~ LIlVDS~AY n'nntavE'YS.,v:uw 26 West High Street Carlisle, PA IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: ~0 y'/6 ~ 7 ~. ~° o ew M. ey Cathy alley FLOWERIS,~ LIlVDSAY 26 West High Street Carlisle, PA COMMONWEALT OF PENNSYLVANIA SS COUNTY OF 1~.,~ On this ~~` day of 2007, before me, the undersigned officer, personally appeared HY R. BAILEY, known to me (or satisfactorily proven} to be the person wh se name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary COMMONWEALT OF PENNSYLVANIA : { ~T ~,v""""'a~'~" ~`-^~~ """` SS COUNTY OF :V~ ~. al t~ On this (~~ day of ~IUhl~ 2007, before me, the undersigned officer, personally appeared ANDREW M. BAILEY, 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 purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Pu TARML SFaL ~a Mr car sae oars ~ so,o SAIDIS, FIAVVER ~ LINDSAY 26 West High Street Carlisle, PA S- try; ~t ." '. "~ ~ ° ~ "~. ~ ~ ;~ ,. r ~ ,~. ~ ~ `' , .. ... sl r ...`"y :..~ ... 1 _~1.~ ...., ri _ .. ~~ ~ _ ~ ~ i~~ ~ W , ~ a . ~, _.~ _ 1 ~•~ ... ~`~! ~~ ~ <.~ a .. ~~ a --^'~ ~~ })i'fs' ,rs;°~~`;i .~ :.,.nw,...~.e.~».n.~.Ww~,a+..r. r......m. ...., .. ..,M.w~,......... ......., MAY E 4 2007(r°Y CATHY R. BAILEY, v. Plaintiff ANDREW M. BAILEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-3051 Civil Action -Law In Custody ORDER OF COURT AND NOW, this~ay of , 2007, the attached Stipulation and Agreement for Custody is hereby made an Order of Court. SAIDIS, ]FIAWER ~ LINDSAY 26 West High Street Carlisle, PA cc: rKllary Matas, Esqu~r~ Attorney for PI ndrew M. Bailey, pn ~~ co c~J .~:: t- : --~; ~':: ' - r" ' " ~ C`.~ _` i ~ ~~ ~ r--- 4i_ G ~ t.~