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The agreement was superseded by an Order of Court, issued on
December 1, 1997, by the Court of Common Pleas of Somerset
County, Pennsylvania (the order), which provides in relevant
part:
Accordingly, we enter this temporary order to the
effect that * * * [petitioner and Mr. Beeghly] will
have primary physical custody of * * * [Shelby] on a
week-about basis with custody to be exchanged every
Sunday at 12:00 noon * * * which will occur * * * on
Sunday, January 4, 1998.
* * * * * * *
It is further ordered that for the Christmas
Holiday of 1997, * * * [Shelby] shall be in the primary
physical custody of * * * [petitioner] beginning at
8:00 a.m. on December 19, 1997, and continuing until
9:00 p.m. on December 24, 1997. When * * * [Shelby]
shall be delivered to * * * [Mr. Beeghly] by * * *
[petitioner], who shall retain the child in his partial
physical custody from 9:00 p.m. on December 24, 1997,
until 12:00 noon on January 4, 1998, when the first
exchange is scheduled to be made * * *.
The agreement is applicable until December 1, 1997. From that
date throughout 1998, the order applies.
Not counting the holidays specifically referred to in the
agreement (the 1997 holidays), the schedules set forth in the
agreement and order establish that during 1997 petitioner was to
have physical custody of Shelby for specific periods for a total
of 177 days, and Mr. Beeghly was to have physical custody of
Shelby for specific periods for a total of 182 days. The
agreement is silent with respect to which parent was to have
physical custody of Shelby on each of the 1997 holidays.
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