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Home My WebLink About96-01395 ~ 4 ',,-. ') J J ~ "'1 I ~ \" c-- , N").. ; "'.~ , " Jt 0".. ~IJI..'C I'," ,': II:.. i.1 , filil,I'il,I!"I!1 '1+li-/:;. ;ij, I- .ll.l (r:' ','/' 1:11'1 V~L!CIA ANN UAKEH, TII THE COURT OF COMMON PLEAS CUHBERLM1D COUNTY, PENNSYLVANIA 1"<1intln v, NO. 9,;- 1.11)5 3, RANDALL UA;:~H, no fcnd,lnt C I V I L ,\C'!' LON - (:USTOLlV STIPULATION OF_P^RTIE~ THIS STIPULATION, f.'llt"Cl'd (nt.o by ,lnrl h"t",,,,,," 1'lallltit'(, Fnli(~i,l Ann R.1K(,r, <1ncll)efendilnt, ,J. U"ndilllllilkp.r. WIl~l<~A).i, thn pd,'tit,,, h"r'ot,o art'! hU,1bnnd ,lnd ",iff> hav.i.n<:/ been marrh,ct on .Jllly 12, 1ynn ill Cd"'P Hill, Clllllhf!f'l'H1d County, Penlluylvdllia, WHERF.An, tilt'! p.)rt.if'n hQt'l~~t.I") !H:p.'ll"r'"ltl.:d on ,1r1llu_...ry fl, 19!16 and h..lVc b'-'~'r, Ilvin<J S<'P,U'dt... ...nd dE'-u't. 91n<.:", that t1m...; WHL-;I'([':AS, duritl<J tJIf'! COUr-tifJ of tJu: md:rrliiql~ t.he parties h"ct two (2) children, ,J"Y9on Kyle Eaker, date of birth December 21, 1986, ilnd COllrtn,.y Ann;l a"ko;or, dat,-, of bi rth .January 21, I <J<J J : II I I I ; , H.I.-.:.f-.l':r'{,' IT: :1' , Ill.J Ii!;' ,IIHI \ ,I .H- r! I, I f II' , .' thu trdflUIHH"t..11.jon ut t.h~ pi.lrties' minor childnHI .cOl. pl.lrpOSG:D of vinit....t.ion with tho? D..t..ncl,)nt In t.lll! Commonw,",alth 01 PlHU1~iV 1 Vi.1rd,d. ',. 'l'h", Plaintitt t!.lrther "'Jrao!: th,1t ,;lIn will pay lor all lon') distanr:e telephone ch<lrq.~~ i nellr n'e1 hy llll: Defendant in calling the. p,1rtic!;' two en minor <:ltil'.lr...n in Brickfield, Wi!;C01H:iin, or altl:rn/tlivl:ly, t.h(~ CO!;l.!i of Ionr) cJistance telephonn call..: made by t.I.., p"rt.i('!.~' two (2) minor childrfln t.o Lhe Defcnthtnt in the Commonwealth of Pennsylvani,1. 6. 'I'he parti,.'" her.~to u'lr<:!e th~lt this Stipu!.1tiun shall bn filml wit.h t.h!., COlld of Common ph..!:.; of CIJmberland County, and be entered dS d sub:.;cqucnt Order at COUI"t. IN W CTNESS WHEREOF. the p.1rt ins IIt,t"et.o lh1V'.' pli:H:ed I , ttwir hands 'H.d >a,...I" Lo t.his stipulation thi$ of" August, 1997. ~~~;)~ \-- ~,~,~~ I :At -f 't., WI'l'NESS: ,1 t-, ; , I I I ! j , I I I I ! I I I I j EXHIBrT A ", 'r~." , . \ " , I '1' ',' , " : } I. " , '; I 1/ , For purposes of exercising these periods of partial custody and visitation, it is specifically understood that the Father may pick IJp the children at any day care provider, school, or other place where the children are located for purposes of exercising this schedule and this provision will supersede any previous order prohibiting Father from picking up the children at either the day care, school, or other place where they are located. This alternating weekend schedule will commence with Father having the children on Friday, 26 April 1996, 3. The parties shall alternate the major holidays, the major holidays being defined as Easter. Memorial Day, Fourth of July, labor Day, and Thanksgiving. In the event that these holidays ocrur on a Monday, these periods of visitation will include the entire weekend, This alternating schedule will commence with Father having Memorial Day in 1996, and the schedule will alternate thereafter. These periods of visitation will occur from 9:00 a.m. until 5:00 p.m., unless they include the weekend. when the schedule will start from Friday at 5:00 p.m. until Monday at 5:00 p.m. 4. The parties shall share the Christmas holiday, The Christmas holiday will be broken into two segments. Segment A shall occur from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day. Segment B shall occur from 12:00 noon on Christmas Day until 26 December at 12:00 noon. Father shall have Segment A in all even-numbered years and Segment B in all odd-numbered years. Mother shall have Segment A in all odd-numbered years and Segment B in all even-numbered years. 5. Mother shall have the children on Mother's Day and Father shall have the children on Father's Day, These periods of visitation shall occur from 8:00 a.m. until 5:00 p.m. 6. Each party shall be entitled to two non.consecutive weeks of vacation with the children over the summer months. Father shall have the right to choose his weeks by 1 April of each year. In the event that Father does not choose his weeks by 1 April, then either party may provide the other with thirty (30) days written notice as to which weeks they intend to exercise this period of vacation with the children, 7, The parties agree that they will provide each other with a minimum of 48 hours notice in the event that they cannot exercise these periods of visitation. 8. The parties agree that they shall share transportation. 9. The parties agree that in the event that they need to place the children with a day care provider for an extended period of time while the chiidren are in their custody, that they will call the other party to give them the right of first refusal to provide the day care For purposes of exereising th.s. p.riods of partial eustody and visitation, it i. speeifieally understood that the Fathe.. may piek up the children at any day eare provid.r. school, or other place where the children .re loeated for purpos.. of .xerciaing this sehedule and thl. provision will superaad. sny previous order prohibiting Fath.r from picking up the ehildren at either the day care, school, or other place where they are located, This alternating weekend schedule will commence with Father having the children on Friday, 26 April 1996, 3. The parties shall alternate the major hOlidays, the major holidays being defined as Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, In the event that these holidays occur on a Monday. the.e period. of visitation will include the entire weekend, This alternating .ehedule will commence with Father having Memorial Day in 1996, and the schedule will alternate thereafter, These periods of visitation will occur from 9:00 a.m, until 5:00 p.m., unless they include the weekend, when the schedule will start from Friday at 5:00 p,m. until Monday at 5:00 p.m. 4. The parties shall shars the Christmas holiday. The Christmas holiday will be broken into two segments. Segment A shall occur from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day. Segment B shall occur from 12:00 noon on Christmas Day until 26 December at 12:00 noon, Father ehall have Segment A In all even-numbered years and Segment B in all odd-numbered years, Mother shall have Segment A In all odd.numbered year. and Segment B In all even-numbered years, 6. Mother ahall heve the children on Mother'. Day and Fether shall have the children on Father's Day. These periods of visitation shall occur from 8:00 a.m. until 5:00 p,m. 6, Each party shall be entitled to two non-consecutive weeks of vacation with the children over the summer months, Father shall have the right to chooae his weeks by 1 April of each year, In the svent that Father dOBs not choose his weeks by 1 April, then either party may provide the other with thirty (301 days written notice as to which weeks they Intend to exercise this period of vacation with the children. 7, The parties agree that they will provide each other with a minimum of 48 hours notice In the event that they cannot exercise these periods of visitation, 8. The parties agree that they shallshar~ transportation. g, The parties agree that in the event that they need to place the children with a day care provider for an extended period of time while the children are in thoir custody. that they will call the othsr party to give them the right of first refusal to provide the day care FELICIA ANN BAKER. Plaintiff vs. ) ) ) ) ) ) ) ) CIVIL ACTION - LAW NO. 96-1395 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA JAY RANDALL BAKER, Defendant JUDGE PREVIOUSLY ASSIGNED: The Honorabale Edgar B. Bayley CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b). the undersigned Custody Conciliator submits the following report: 1, The pertinent information concerning the childlren) who islare) the subject of this litigation is as follows: NAME BIRTHDATE CURRENTlY IN CUSTODY OF Jayson Kyle Baker Courtney Anna Baker 21 December 19f:l6 21 January 1991 Plaintiff/Mother Plaintiff/Mother 2. A Conciliation Conference was held on 25 April 1996, and the following individuals were present: the Plaintiff and her attorney, Debra A. Denison, Esquire; the Defendant appeared with his attorney, John R. Kachur, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order, 1 BAGI. , ADLII., 1'C BY' DBBRA A. DINISON, ISQUIRI Attorney I.D. NO. 66378 2331 Market street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff FELICIA ANN BAKER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. r~- 13:i,S-' (ILULL JiAAvo-- JAY RANDALL BAKER, Defendant ORDER OF COURT AND NOW, f'f)... I ,h t'1, 1'1 it b , 1996, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear b~8!e . I, \, (J ,) '~' ./ ,jj, "(rj", Esquire, the conciliator, at - /. 1.< t~ " iJ f . n ~ p, <f'i I 1 '11 , Pennsylvania, on Th'^, ',<1,,- 'I th~ ::) ,- /.... day of 11 1"(, , ,1996, at LJ o'clock ~.m., for a Pre-Hearing Custody Conference. At such conterence, an effort will be made to resolve the issues in dispute; or it this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the children who are the subjects of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds tor entry of a temporary or permanent order. FOR THE COURT, By ;; t.~ "" 0/../1 g nh ustody Conciliator YOU SBOllLD TAD THIS PAPER TO YOUR LAWYER AT ONCE. IJ' YOU 00 NOT BAVI A LAWYIR OR CANHOT AJ'I'ORO ONE, GO TO OR TELEPHONE THE OI'I'ICI SIT I'ORTH BELOW TO FINO OUT WHERE YOU CAN GET LIGAL HELP. OFI'ICE 01' THE COURT ADMINISTRATOR COURTHOUSB, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 "~ ,. ." -, -... , , . 380$ w- &/'}' /,<,:#.,/;/;-4 o..~.... J ~.f& 7;'Hb~ p!adl~ ?~ 3 ..>> ytf. ~ /A<'~.d'...... /J/. &~ -r& . I I. I , intormation of a custody ~roceeding concerning the children pending in a court of this Commonwealth, 9. Plaintitf does not know of a person not a party to the proceeding who has physical custody ot the children or claims to have cus~ody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the children will be served by granting the relief requested because it is in the best interest of the children to maintain a close relationship with their mother who has served as the primary care giver since their birth and, therefore, Plaintiff seeks primary physical custody and shared legal custody. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff, Felicia Ann Baker, requests this Honorable Court to grant her primary physical custody and shared legal custody of the children. Respectfully submitted, REASBR , ADLBR, PC Datel Xarch 13, 1996 ON, ESQUIRE 3 .... Ch i ...J , ~.j fl! ( ) , ( . '- ,. lJ ~ , F' C;.~ .: .. f/I .. i :.:. < l' t::- 0 "". .J " g- ... ::; " ~ :: :'J "'" = " " " ~ ;"2 ~ 8 .s;. " c ~ - '- JI 'j :.2":) - " ;;0-.:: ': '- -;::-:; " = 'J .~ ~ - .s;. :: " - t ~ -=-:: , I I 12 I", i~ ,~ i~ !< , o . ... l.! ... II; po. tt~i i~~1 0 walll GS!IN "i~~ 5' ,~ t:. z:;) III u x .' . 3. The Petitioner seeks to modify the existing Orders for CUstody which were entered by this Honorable Court on May 1, 1996 and May 28, 1996 at Docket No. 96-1395 to provide that Petitioner will have primary physical and legal custody, and to provide that Respondent shall have periods of supervised visitation with the following children: ~ PRESENT RESIDENCE Milt Jayson Kyle Baker 12 B Richland Lane 10 Camp Hill, PA 17011 Courtney Anna Baker 12 B Richland Lane 6 Camp Hill, PA 17011 The children were not born out of wedlock. II II I The children are presently in the custody of Felicia Ann Baker who resides at 12 B Richland Lane, Camp Hill, Cumberland County, Pennsylvania. During the past five {51 years, the children have resided with the following persons and at the following addresses: II II I I I' ., i: Ii " 'I 2 . . ~- - .....",~ , , (LIST ALL PERSONS) (LIST ALL ADDRESSES) (DATES) Jay Baker 1101 Yvedon Drive 1986 - Felicia Baker Camp Hill, PA 17011 1987 Jay Baker 386 Pinoak Lane 1987 - Felicia Baker Carlisle, PA 17013 1994 Jay Baker 152 Faith Circle 1994 - Felicia Baker Carlisle, PA 17013 1995 Felicia Baker 6 North Chestnut Street 1995 Dillsburq, PA 17019 1996 Felicia BakElr 12 B Richland Lane 1996 - Camp Hill, PA 17011 Present Ii ;, Ii :j " :1 i: I; , :i I' II II I' I I The mother of the children is Petitioner, Felicia Ann Baker, currently residing at 12 B Richland Lane, camp Hill, Cumberland County, Pennsylvania. separated, She is married, but The father of the children is Respondent, Jay Randall Baker, who is currently residing in Lemoyne, Cumberland County, Pennsylvania at an unknown residential. address but having a mailing address located at P.O. Box 76, New Cumberland, Cumberland County, Pennsylvania. He is married, but separated. 3 4. The relationship of Petitioner to the children is natural mother. The Petitioner currently resides with the following persons I HAlfii RELATIONSHIP Jayson Kyle Baker Courtney Anne Baker Son Daughter 5. The relationship of Respondent to the children is that of natural father. The Respondent currently resides with the following person: HAlfii RELATIONSHIP Himself 6. Petitioner has participated as a party or witness, or in another capacity, in other 1 i tigation concerning the custody of the children in this Court, specifically, this Honorable Court has entered Custody Orders on May 1, 1996 and May 28, 1996 at Docket No. 96-1395 CIVIL TERM. True and correct copies of said custody Orders are attached hereto and cOllectively marked as Exhibit "A". 4 made by Respondent that the child was afraid to sleep in his bedroom for several nights because Re.pondent had told him that he would "be cursed by the devil" if he had any contact with anything associated with "Space Jam"; c. In April of 1997, the Petitioner requested that Respondent return the parties' minor son to her from his period of visitation at her place of work, Kokomo' s Restaurant in Camp Hill, Pennsylvania. When the child arrived at Kokomo's to meet his mother, the child was visibly upset and informed petitioner that "Daddy says you work at a very terrible place and he is very disappointed that I want to come and see you here". Up to this time, the Petitioner and the parties' minor children had enjoyed several pleasant evenings and afternoons at Kokomo' shaving "l{okomo wings and fries", and playing various sports trivia games; d. Recently, Respondent has requested that Petitioner allow him to take the children to Pittsburgh to see his grandmother who allegedly is very ill. The most recent request for this excursion to Pittsburgh was made for the weekend of 8 Day until 26 December at 12:00 noon. Father shall have Segment A in all even-numbered Y&d. s and Segment B in all odd-numbered years. Mother shall have Segment A in all odd-numbered years and Segment B in all even-numbered years. 5. Mother shall have the children on Mother's Day and Father shall have the children on Father's Day. These periods of visitation shall occur from 8:00 a.m. until 5:00 p.m. 6. Each party shall be entitled to two non-consecutive weeks of vacation with the children over the summer months, Father shall have the right to choose his weeks by 1 April of each year. In the event that Father does not choose his we.eks by 1 April, then either party may provide the other with thirty (301 days written notice as to which weeks they intend to exerciss this period of vacation with the children. 7. The parties agree that they will provide each other with a minimum of 48 hours notice in the event that they cannot eMrcise th6se periods of visitation. S. The parties agree that they shall share transportation, 9. The parties agree that in the event that they need to place the children with a day care provider for an extended period of time while the children are in their custody, that they will call the other party to give them the right of first refusal to provide the day care I, :1 FELICIA ANN BAKER, Plaintiff IN THE COURT Of' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1395 Civil Term v. , i: !! i: 'I JAY RANDALL BAKER, Defendant CIVIL ACTION - Custody ii !I I, .1 I' !! PRAECIP~ TO DI8HI88 PETITiON WO~ MODIWICATION OW CUSTODY oaDsa .. Ii ,I I I TO THE PROTHONOTAR~: Please withdraw Plaintiff's Petition for Modification of Custody Order as filed May 21, 1997, in the above-captioned matter. I II ,I II I I Ii I I i I I I! I: 11 II II I II Ii I Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. /.' _.' ~>/ ~.~. Edwin A.D. Schwartz,,- quire 1.0. '75902 . 2320 North Second Street P.O. BolC 60457 Harrisburg, PA 17106-0457 (717) 238-6570 By: Date: 7-;.>-.27__ ;~ r- ~ (I'l , N 3$ ~ x: ()~ 5 ~ ,:};:J o:l -"0- ~ - i~~ UI --l ~. l' -c ~ C'J F a ~ ~ . . If} FELICIA N. BEIGHOFF, f.K.A. FELICIA N. BAKER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA PlaintJff vs. NO 96-1395 Defendant CIVIL ACTION - LAW CUSTODY J. RANDALL BAKER, ORDER OF COURT AND NOW, this l" If.. day of March. 2001, upon consideration of the attached Custody Conciliation Summary Report, It is hereby ordered and directed as follows: 1. Legal Cuslody The parties, Felicia N. Beighoff and J. Randall Baker, shall have shared legal of the minor Children. Jason Kyle Baker, born December 21, 1986, and Courtney Anna Baker, born January 21, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent. to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa C. S.~5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited tc/, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. A. Mother shall accompany Courtney to Wisconsin to see her Father the weekend of March 23. 2001 through March 25, 2001. Mother shall have partial physical custody of Jason the morning of March 25, 2001, prior to her flight departing for Harrisburg. Mother shall notify Father of the flight time, airline and arrival so that he can arrange to meet Courtney at the airport. B. Prior to Father's relocation to Pennsylvania. when Father has a trip planned to Pennsylvania that would occur more than one weekend per month, Father may have custodial periods from after school until 7:30 p.m, Father shall select a custodial weekend for April 2001 by March 19. 2001. Father may choose a weekend and bring Jason to Pennsylvania so that Mother shall be able to enjoy partial custody of Jason. The parties shall exchange school schedules within seven days to coordinate a weekend in April. Mother will go to Wisconsin for one weekend in May when she is not required to work. Mother will notify Father of the date in the month of May when she will be coming to Wisconsin no later than April 19. 2001. .- No. 96-1395 C. Mother shall escort Courtney to Wisconsin for the weekend of June 15, 2001 through June 17,2001. Father's custodial time with Courtney during this weekend shall run from Friday, through Sunday morning. Mother shall be entitled to partial custody of Jason the morning of June 17, 2001, if by June 151h, 2001 Father and Jason have not relocated to Pennsylvania. D. Father shall have the following periods of partial custody with Courtney: March 6, 2001, from 6:00 p.m. until 7:30 p.m.; March 7, 2001, from 400 p.m. until he takes the Child to school on March 8, 2001; March 8, 2001, after school until 7;30 p.m.; March 9, 2001, from 4:00 p.m. until March 10, 2001, at 10:00 a.m. 3. E-Mails/Communication. The parties shall share, through e-mail, each Child's weekend plans in advance so that Father can plan his weekend visits to Pennsylvania. The parties shall endeavor towards scheduling activities for the Children during the other parent's custodial weekends. 4. In the event that Father is not exercising more than one custodial weekend per month prior to his return to Pennsylvania, it shall be permissible for the paternal grandfather, Tom Baker, to have one weekend day for partial custody of Courtney. 5. Summer. Each party is entitled to up to three non-consecutive weeks for the purpose of summer vacation. Beyond that vacation time, is the intent of the parties to provide the summer equally between the parties without regard to any camp schedule which the parties may agree upon for the minor Daughter. During the summer vacation time the parties shall arrange for reasonable telephone contact between the minor Children and the non- vacationing parent. 6. It is the Father's intention to return with the parties' Son to reside in the greater Harrisburg, Pennsylvania area. Therefore, the parties intend to have an alternate weekend schedule during the school year from Friday after school until Sunday at 6:00 p.m. The first weekend of the 2001-2002 school year shall be deemed to be Father's weekend which shall be the weekend of Friday, September 7, 2001, through Sunday, September 9, 2001. 7. In the event that either party is unable to exercise a period of custody, prior to contacting a third-party caregiver, that party shall contact the other parent to ascertain their availability to provide for care of the Children. Matthc:w J. Eshc:lman, Esq. 2108 MarkC:1 StrC:CI Aztec Building Camp Hill. PA 170 II Attorney tor Plaintitl' Diane G. Radcliff, Esq. 3448 Trindlc Road Camp Hill, PA 17011 Attorney tor Defendant Court Administrator /,. J '(1. ,,, /1,-' Il 1-; (. I .... I :rc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FELICIA ANN BEIGHOFF, FORMERLY FELICIA ANN BAKER Plaintiff NO. 96-1395 V. J. RANDALL BAKER, Defendant CIVIL ACTION - LAW IN CUSTODY AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities Act of 1990. For information accessible facilities and reasonable about accommodations available to disabled individuals having business before the court, plegse 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, .4. who has filed a Petition for Modification of the existing Custody Order dated August 25, 1997, upon which a conciliation conference has been scheduled for February 8, 2001 at 1: 00 o'clock p.m. before the conciliator, Melissa Greevy, Esquire. 7. The last judge that has been involved in this case is the Honorable J. Wesley Oler, Jr., Judge of the Court of Common Pleas of Cumberland County, Pennsylvania who entered prior custody orders in this case. 8. Father's legal counsel, Diane G. Radcliff, Esquire has contacted Mother's legal counsel, Matthew Eshelman, Esquire of the filing of this Pet it ion and has been advised that Mother will not agree to the relief requested in this Petition. 9. The parties are the parents of two Children: Jayson Kyle Baker, born on December 21, 1986, age 14 and Courtney Anna Baker, born on January 21, 1991, age 9. 10. On August 25, 1997, an Order of Court was entered by Judge Oler pertaining to custody of the Children: A true and correct copy of said Order is attached hereto, marked Exhibit "AU and made a part hereof. In that Order the parties share legal custody of the Children and Mother had primary physical custody of the Children 11. The August 25, 1997 Order was a modification of the Order entered on May 1, 1996, a true and correct copy of which is -6 - attached hereto, marked Exhibit "8" and made a part hereof. 12. An emergency exists that requires the immediate attention of the Court and/or the Order of Court dated August 27, 1997 should be modified because: a. Mother originally moved to Wisconsin with both of the Children in September of 1997; b. Father moved to Wisconsin to be Children in November of 1997 and his approximately 15 miles from Mother's Wisconsin; with and near the residence there was former residence in c. Father has started a new business in Wisconsin and lives with his girlfriend at his aforementioned address; d. Custody of the son and oldest Child, Jayson Kyle Baker, was transferred to Father in September of 1998, who continues to retain custody of that Child to the present date; e. Mother remarried and has two Children from her second marriage but separated from her husband in the later part of the year 2000 and a divorce action is pending between them in Wisconsin. It is believed that she has an agreement with her current Husband to return their children to his residence at least one time per month. It is pointed out, however, that those children are only age one (1) and two (2) and therefore there are no concerns about schooling; f. The parties orally agreed that Father would have partial custody of the daughter on alternating weekends and alternating holidays during the summer. In the beginning of November of 2000 his weekend time was expanded to almost every weekend and Father had been exercising until - 7- Mother left Wisconsin; g. In September of 2000 Mother informed Father of her desire to re locate to Pennsylvania and Father responded that while he had no problem with a relocation, given his new business and relationship he could not immediately relocate and thdt he wanted her to remain in Wisconsin until the end of the school year when both paren~s could relocate to Pennsylvania. In the alternative, Father suggested that Mother leave both Children with him until the end of the school year and Mother could then relocate immediately; h. On December 25, 2000, Christmas Day, without and against the wishes of Father, without any prior notice or warning to him or any family member, and in violation of the shared legal custody provisions of the August 25, 1997 Order, Mother left Wisconsin and relocated to Pennsylvania without telling Father or anyone else that she was leaving and has since concealed the whereabouts of herself and the parties' Child, Courtney Anna Baker and has not provided Father with his regularly exercised partial custody r.ights; i. Mother did not secure the permission of Father or of the court to relocate back to Pennsylvania from Wisconsin; j , Before relocating to Pennsylvania, Mother made no attempt to look for employment or other means which would permit the Child, Courtney Anna Baker, to continue to live in Wisconsin and maintain close contact with Father. k. Before relocating to Pennsylvania, Mother ~.de no effort to establish alternate partial custody rights for father given the distance involved. 1. By Mother's relocation back to Pennsylvania, Father has been effectively denied any contact with his daughter and - 8 . EXHIBIT "A" AUGUST 25, 1997 CUSTODY ORDER - 13 - JAN-10-81 02:~0 PM 7Za742~ 3 ~2837 ~7 7177634247 I II I 3. PhintHt shall he entitled to r..I""lI~e wlth the parti..' two (~l minor children to erloktield. wlsconsin: 4. Plaint.itf shall be ,.equlrfld t:t! "/IV fnr ..11 cost. as.ociated with transportation of the p~tt:ie.' t.wo (2) minor chlldnn tor visitation Ifit.h t.he O.tendant. in the Conunonwelllth ot Pennsylvania, and Plalnt.ift will aho be responsible tor payment ot all 10n9 dist,ncG phone cha/l'qu incurred as II result of the Oefendant havinq telephone contact with the part.i.e' t.wo (2) minor childr..n. IT IS FURTHER OROERI::O that all oth'lt pt'ovbion:J ut forth in the previous Custody orders of COU1't dated May I, 1996 and May 28, 1996 shall rllmain in tull forcll and aftoct, BY THE COURT: . .~~OltlJ 2 p.12 I . ~AH-&e~01 0JtJ4 PM '~9r4Z~ J ~295' ~7 717763"'4/4" ".24 For purpol" of eXllclllng the.. perlodl of pertil' cUltody and vl,I"tlon, it I, ,peciflcllly understood th.t the Flther may pick up the children It Iny dlY cere provider, Ichool. or other pl.c. where the chlld,.n Irl locltld for purpo"l of ullclllng thi. Ichedule end thil provillon will luperlldl Iny prevloue order prolliblting Fetlle, from picking up thl children .t either tile dlY Clre. Icllool. or other pl.c. where thlY are located. Thl. eltern.tln9 weekend Ichldule will comm.nce with Fltller hiving the children on Friday, 28 April 1998. 3. The pertl.. Ihen 8ltlrnat. the mljor holldlYl, thl meJor holid&Ys bllng deflnld II Ellter, M.mo,le' Dey. Fourth of July, Lebor Day, Ind Th.nklglving. In the .vent thlt the.. holiday. occur on , Mondev, tll.se perlodl of vlsltetion will includl thl In tire wlekend. Thll altern.tin9 Icll.dule will commence with Fatll,r having Memorial Day in 1998, and tha Ichedulo will.lterna" therllfter. Thes. periods CJf visitation will occur from 9;00 a.m. until 6:00 p.m., unle.. they Include thl w.ekend, whan the Ichldule will stlrt from Friday et 5:?O p.m. until Monday et 5;00 p.m. 4. Thl partlo, shell Ihare tha Christmes holiday. The Chrlllmas holiday will b. brokan into two IIgments. Segment A ehall occur from 12:00 noon on Chrlstmlll Eve until 12:00 noon on Christmas Oay. Segment B shall occur from 12;00 noon on Christmu JAH-10-01 02:~4 ~M '~e74~~ J ~2e57 ~7 7& '-'6~"24' D.V until 28 Oeclmber.t t 2:00 noon. F.ther 11'1,,, hive S.gmlnt A In ," .ven-numb.red Vllrl and S.gment 8 In I" odd-numb.red Vllr.. Mother Iha" h.ve SllImlnt A In allocld-numbe'ed Vllre Ind Segment 8 in .11 Iven-numbered VII,.. 6. Mother Ih,lI h.vI thl chlld'en on Moth,,', OIY and Father Iha" h.ve the chl/dran on F.the,', Diy. The.. Plr/Ods 0' vllltetlon ,hall occu, from 8:00 I.m. until 11:00 p.m, e. Etch p.rty .1'1.11 b. entitlld to two non-con'lcutiv. w..ks 0' \lacation with the children Ov.r the .ummer month,. Father Ihall h.v. the right to ChOOle I'll, walk. by 1 April of each VII'. In the eVlnt thet Father do.e not choose hie weak, by 1 April, th.n lither party mev provide the other with thlrtv (30) day, written notice II to which weeks th.y Intlnd to .xercisl thl. PI,lod of vlc.tion with the childrln. 7, Th. parti.. 'g", th.t they will provldl tach oth., with a minimum 0' 48 hOUri notice in the event th.t thlY c.nnot exercisl t""1 periode of vl'/tltlon. 8, The Plrtil. ag'.. thlt they Ihall Ihare tranlportation. 9. The Plrti.. agrea th't In the event that thlY need to plac. the children with a day c.re provider for In extended PI,iod of t/ml while thl Childran are in thei, cu.tody. thlt thlV will ca/l the oth., perty to givI them thl ,ight of firat 'efusa').o provide the dav care ".2'5 FELICIA ANN BAKER, (now Felicia Beihoff), Plaintiff/Petitioner I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I I I I ri II II 1 J. RANDALL BAKER, I Defendant/Respondent , 'I I' il ~ I I! II Ii ,I il II ji 'I I I II /, I: Ii I! II " Ii i1 ;1 :j " I! No. 96 - 1395 Civil Term vs. CIVIL ACTION - AT LAW CUSTODY PREVIOUSLY ASSIGNED TO J. OLER ORDER OF COURT AND NOW, this , upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at , on the day of 2001, at .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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: j; , By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOHTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Ii II 'I Ii Ii II I FELICIA ANN BAKER, (now Felicia Beihoffl, Plaintiff/Petitioner vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : : : No. 96 - 1395 Civil Term J. RANDALL BAKER, Defendant/Respondent CIVIL ACTION - AT LAW CUSTODY PREVIOUSLY ASSIGNED TO J. OLER PETITION FOR MODIFICATION OF A CUSTODY ORDER The Petitioner, Felicia A. Baker (now Felicia A. Beihoff), through her attorneys, The Law Offices of Patrick r. Lauer, Jr., files this Petition for Modification of II Custody Order against the Respondent, and in support thereof, avers the following: 1. The petition of Felicia A. Beihoff respectfully represents that on August 25, 1997, an Order of Court was entered for Partial Custody, a copy of which is attached. 2. This Order should be modified because: a. Mother desires to return to Pennsylvania1 b. It is in the best interest of the children for her to do s01 and Mother believes that Father is both willing and able to return to Pennsylvania in the immediate future al wel11 In either event, a schedule needs to be obtained WhiCh1j will allow both parents meaningful contact with the children. I , I WHEREFORE, Petitioner requests that the Court modify the! be in the best! c. d. Date: V/)Q/c0 / Custo~~r~~s~_ it will I(;/d-' )) '~-_ RJspectfully submitted, Matthew J. Eshelman, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID' 72655 Tel. (717) 763-1800 existing Order for Partial interest of the child. \ tlttr I\. i'" ..., I, Felicia Ann Baker, verify that the statements made in the foregoing Petition for Emergency Cuslody Order are true and correct to the best of knowledge, infonnation arA belier. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904. relaling 10 unsworn falsification to authorities. {iJA>~ ~ Felicia Ann Baker Date: May 28, 1996 I I I "1 5 . .-.-. . " For purposes of exercising these periods of partial custody and visitation, it is specifically understood that the Father may pick up the children at any day care provider, school, or other plac. where the children are locatad for purposes of exercising this schedule and this provi.lon will supersede any previous order prohibiting Father from picking up the children at either the day care, school, or other place where they are located. This alternating weekend schedule will commence with Father having the children on Friday, 26 April 1996. 3. The parties shall alternate the major holidays, the major holidays being defined as Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. In the event that these holidays occur on a Monday, these periods of visitation will Include the entire weekend. This alternating schedule will commence with Father having Memorial Day in 1996, and the schedule will alternate thereaher. These periods ot visitation will occur from 9:00 a.m. until 5:00 p.m., unless they include the weekend, when the schedule will start from Friday at 5:?0 p.m. until Monday at 5:00 p.m. 4. The parties shall share the Christmas holiday. The Christmas holiday will be broken into two segments. Segment A shall occur from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day. Segment B shall occur from 12:00 noon on Christmas . Day until 26 December at 12:00 noon, Father shall have Segment A in all even-numbered years and Segment B in all odd-numbered years. Mother ahall ha"e Segment A In all odd-numbered years and Segment B in all e"en-numbllred years. 6. Mother Ihall have the children on Mother's Day and Father shall have the children on Father's Day. Thesa periods of "isitation shall Occur from 8:00 '.m. until 6;00 p.m. 6. Each party shall be entitled to two non-consecuti"e weeks of vacation with the children over the summer months. Father shall have the right to choose his weeks by 1 April of each year. In the event that Father does r.ot chOOse his weeks by 1 April, then either party may provide the other with thirty (30) days written notice as to which weeks they intend to exercise this periOd of vacation with the children. 7. The parties agree that they will provide each other with a minimum of 48 hours notice in the event that they cannot exercise these periOds of "isitation. 8. The parties agree that they shall share transportation. 9. The parties agree that in the event that they need to place the children with a day care provider for an extended period of time while the children are in their custody, that they will call the other party to gi"e them the right of first refusal to provide the day care . " FELICIA ANN BAKER, Plaintiff ) I I ) I ) ) I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VI. CIVIL ACTION - LAW NO. 96-1395 CIVIL TERM JA Y RANDALL BAKER, Defendant JUDGE PREVIOUSLY ASSIGNED: The Honorabale Edgar B, Bayley CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the childlren) who is(are) the subject of this litigation is as follows: NAME BIRTHDA TE CURRENTLY IN CUSTODY OF Jayson Kyle Baker Courtney Anna Baker 21 December 1986 21 January 1 991 Plaintiff/Mother Plaintiff/Mother 2. A Conciliation Conference was held on 25 April 1996, and the fOlloWing Individuals were present: the Plaintiff and her attorney. Debra A. Denison, Esquire; the Defendant appeared with his attorney. John R. Kachur, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. . 1 . , . . 5. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody Is as follows: See attllched Order. 7. Need for separate counsel to represent children: Neither party requested and the Conciliator does not believe any is necessary, 8. Need for independent psychological eVl.lluatlon or counseling: None rlquested and the Conciliator does not believe any Is necessary. Date: 30 April 1996 t1LJrt Michael L. Bangs e:r- Custody Conciliator . 2 FELICIA ANN BAKER I IN THE COURT OF COMMON PLEAS OF (now Felicia Beihoff), I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner I I No. 96 - 1395 Civil Term VS. I I CIVIL ACTION - LAW J. RANDALL BAKER, I CUSTODY Defendant/Respondent I PREVIOUSLY ASSIGNED TO J. OLBR AND ROW, this ORDBR day of , this 20 Court acknowledges that jurisdiction over the above-captioned matter remains with Cumberlllnd County, pennsylania, pending a recommended order of the custody conciliator or other further order of this court. The matter is referred to conciliation pursuant to Local Rule. BY THE COURT I J. I, VS. . IN THE COURT OF COMMON PLEAS OF j : CUMBERLAND COUNTY, PENNSYLVANIA I . No. 96 - 1395 Civil Term I . . . . CIVIL ACTION - LAW CUSTODY PREVIOUSLY ASSIGNED TO J. OLBR FELICIA ANN BAKER (now Felicia Beihoff), Plaintiff/Petitioner J. RANDALL BAKER, Defendant/Respondent PBTITION FOR SPECIAL RELIBP The Plaintiff, Felicia A. Baker (now Felicia A. BeihoUI, through her attorneys, The Law Offices of Patrick F. Lauer, Jr., files this Petition for Special Relief against the Defendant, J. Randall Baker, and in support thereof, avers the following. I. The most recent order of court concerning custody of the children in the above-referenced matter was issued by this court on August 25, 1997, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 2. Pureuant to that order, Mother relocated to Wisconsin. 3. Some four months later, Father relocated to Wisconsin as well. 4. The basic arrangement followed by the parties in Wisconsin was for the parties' 14 year old son, Jayson, to live primarily with Father; and for the parties' 9 year old daughter, Courtney, to live primarily with Mother and their half-brother and half-sister. 5. In September 2000, Mother approached Father and indicated her desire to relocate back to Pennsylvania in order to be closer to the support of both of the parties' extended families. ~ : and .xpr....d hb i i 6. Father indicated hie concurrence, ii intention to relocate back to Pennsylvania as well. I II 7. Mother lea..d an apartment, made provilionl for ,Chool,,1 II and lined up job interviews to b.gin in January, in reliance uponl Ii I 'I I 8. I I II 9. I, II t Father's expressed concurrence. Father now objects to the relocation. Father has threatened to abduct the daughter. 10. Father has threatened to harm, and even kill, Mother. 11. Father has threatened bring to legal action in Wieconsin. 12. However, Father also continues to indicate that it remains his intention to relocate to Pennsylvania himself in May 2001. 13. Additional, substantial contacts with Cumberland County includel the child is here; the child's family is here, including her mother, half-brother, half-sister, maternal grandparents, four maternal I II maternal II !I fi II 'I l! il I I. I[ :1 Ii 11 II I: aunts, four maternal uncles, four cousins, her paternal grandfather, paternal aunt and uncle, and two paternal cousins; Courtney has excellent child- care avaUable with her maternal grandmother who is a nurse; the. , child has relationships with her best friends, who had come outl to Wisconsin to see Courtney once per year for the past three I I girl scout I i years; she has reentered the same dancing school and troop and reenrolled in the same elementary school. I , 14. It ie in the best interest of the child that this court! decide the matter because the child and at least I one party (really both) have significant connection with Cumberland County and there is available with the county substantial evidence concerning the child's present lInd future care, protection, training and personal relationshipe. 15. Mother has filed a Petition for Modification of Custody Order to ensure continued meaningful contact between the children and both parents is settled as quickly as possible, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference. WHEREFORE, the Mother, Felicia A. Beihoff, respectfully requests this Honorable Court to acknowledge that jurisdiction over the above-captioned matter remains with Cumberland County, Pennsylvania, and to refer the matter to conciliation pureuant to Local Rule; or, in the alternative, to issue a Rule upon the ReBpondent to show cause why the relief requested by the I I I i I II II il II DlIte: Petitioner should not be granted, perhaps in the form of a relocation hearing. Respectfully eubmitted, ~}m~ ~! \LI)1 kl...~ Matthew J. Eehelman, Esqu re Law Office of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Buildiny Camp Hill, Pennsylvania 17011-4706 10' 72655 Tel. (717) 763-1800 ,...! REAGER &: ADLER, PC BY; DEBRA A. DENISON, ESQUIRE Allorney 1.0. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Allomeys for Plaintiff FELICIA ANN BAKER, : IN TIlE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYL V ANJA NO. 89~39~ ~"'-13c,s Plaintiff v. JAY RANDALL BAKER, CIVll. ACTION - LAW Defendant CUSTODY PETITION FOR EMERGENCY CUSTODY ORDER AND NOW COMES. Felicia Ann Baker, by and through her allomeys Reager & Adler, PC, and avers the following: I. Plaintiff is Felicia Ann Baker, an adult individual residing at 6 North Chestnut Street, Dillsburg, York County, Pennsylvania 11019. 2. Defendant is Jay Randall Baker, an adult individual with a last known residence of 152 Faith Circle. Carlisle, Cumberland County, Pennsylvania 17013. It is believed, and therefore averred. that Defendant now actually resides in Grand Cayman, West Indies. 3. The parties have two (2) children, Jayson Kyle Baker and Courtney Anna Bak~r. " \ ~",Ur l\ {\; ,... , ._ "'" B"",, ,"""...... ..-..... ,.... ~",,,,.. ..,,,,,. ~, -.."" c'- 0"," .. "'" ... _.. .. ... '''' ,r "".kd". "",....,on ... bdkf. I..."'.... ".. ... .u"""" "",in...... ...... .n .. ,....... of" hCO Section 4904. relating to unsworn falsification to authorities. ~A-" b" I,,,^-- Felicia Ann Baker Date: May 28. 1996 \ \ , ..\ \ 5 , -..-" " For purposes of exercising these periods of partial custody and visitation. it Is specifically understood that the Father may pick up the children at any day care provider, school, or other place where the children erl located for purpoa81 of exercising this .chedull and this pro'/ilion will luper..de any previous order prohibiting Father from picking up the children at either the day cara. school, or other place where they are located. This alternating waekend schedule will commence with Father having the children on Friday, 26 April 1996. 3. The parti.. shall alternate the major holidays, the major holidays being defined as Easter, Memorial Day, Fourth of July, Labor Day, snd Thanksgiving, In the event that these holidays occur on a Monday, these periods 0' visitation will include the entire weekend. This alternating schedule will commence with Father having Memorial Day in 1996, and the schedule will alternate thereafter, These periods of visitation will occur from 9:00 a.m. until 5:00 p,m., unless they include the weekend, when the schedule will start from Friday at 5:?0 p,m. until Monday at 5:00 p.m. 4. The parties shall share the Christmas holiday. The Christmas holiday will be broklln into two segments. Segment A shall occur from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day. Segment B shall occur from 12:00 noon on Christmas . , Day until 26 December at 12:00 noon. Father shall have Segment A in all even-numbered years and Segment B In all odd-numbered years. Mother .hall have Segment A In all odd-numbered y.a,. and Segmant B In all even-numbered Yllrl. 6. Mother Ihall h.ve the children on Mother'. Day and Father .hall hay. the children on Father's Day. Thes. periods of vialtation shall occur from 8:00 I,m. until 5:00 p.m. 6. Each party shall be entitled 10 two non-consecutive weeks of vacation with the children over the summer months. Father ahall have the right to choose his weeks by 1 April of each year. In the event that Father does not choose his weeks by 1 April, then either party may provide the other with thirty (30) days written notice as to which weeks they intend to exercise this period of vacation with the children. 7. The parties agree that they will provide each other with a minimum of 4S hours notice in the event that they cannot exercise these periods of visitation. S. The parties agree that they shall share transportation. 9. The parties agree that in the event that they need to piace the children with a day care provider for an extended period of time while the children are in their custody. that they will call the other party to give them the right of first refusal ,to provide the day care '" FELICIA ANN BAKER, Plaintiff vs. ) ) I ) ) ) I ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JA Y RANDALL BAKER, Defendant CIVIL ACTION - LAW NO. 96-1395 CIVIL TERM JUDGE PREVIOUSLY ASSIGNED: The Honorabale Edgar B, BaYley CUSTODY CONCILIATION CONFERENCE SUMMARY REPORt IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the fOlloWing report: 1. The pertinent information concerning the child(renl who is(arel the subject of this litigation is as follows: NAME; BIRTHDATI; CURRENTLY IN CUSTODY OJ: Jayson Kyle Baker Courtney Anna Baker 21 December 1986 21 January 1991 Plaintiff/Mother Plaintiff/Mother 2. A Conciliation Conference was held on 25 April 1996, and the f""owing individuals were present: the Plaintiff and her attorney, Debra A, Denison, EsqUire; the Defendant appeared with his attorney, John R. Kachur, Esquire. 3. Items resolved by agreement: See attached Order. . 4, Issues yet to be resolved: See attached Order. 1 5, The Plaintiff's position on custody is as follows: See attached Order. 6, The Defendant's position on custody Is as follows: See attached Order. 7. Need for separate counsel to represent children: Neither party requested and the Conciliator does not believe any is necessary. 8. Need for Independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Dete: 30 April 1996 &1";. .) (L"j Michael L. Bangs Custody Conciliator . 2 t ~. . I I II :1 vs. I IN THB COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I I I I No. 96 - 1395 Civil Term FELICIA ~ BAKER (now Felicia Beihoff), Plaintiff/Petitioner RANDALL BAKER, Defendant/Respondent CIVIL ACTION - LAW CUSTODY PREVIOUSLY ASSIGNED TO J. OLER J. Ii I' II (1 II , " I VERIFICATION I, Felicia A. Beihoff, formerly Felicia A. Baker, etate that am the Plaintiff in the above-captioned case lInd that the facts ,set forth in the attached Petition for Modification of Custody Order are true and correct to the best of my knowledge, I I information, lInd belief. i , i laKe subject to the penalties , I realize that false statements herein for unsworn falsification to authorities under 18 PlI. " IIDate, II I'z/ZI/aJ ( C.S. S 4940. ~ 1>h4- " 1, , FBLICIA ANN BAKER (now Felicia Beihoff), Plaintiff/Petitioner vs. I IN TUB COURT or COMMON PLEAS OF I CUMBERLAND COUNTY, PBNNSYLVANIA I I I I I I No. 96 - 1395 Civil Term I J. RANDALL BAKER, Defendant/Respondent CIVIL ACTION - ~W CUSTODY PREVIOUSLY ASSIGIED TO J. OLER II The : I through PETITION FOR SPBCIAL RELIBP Plaintiff, Felicia A. Baker (now Felicia A. BeihoU), her attorneys, The Law Offices of Patrick r. LaUer, Jr., ;' files this Petition for Special Relief against the Defendant, J. . Randall Baker, and in support thereof, avers the following I !i it 1. The most recent order of court concerning custody of the III children in the above-referenced matter was issued by this court on I August 25, 1997, a copy of which is attached hereto as Exhibit "A" , I !iand incorporated herein by reference. I! II I' 2. Pursuant to that order, Mother relocated to Wisconsin. 3. Some four mo~ths later, Father relocated to Wisconsin as well. 4. The basic arrllngement followed by the parties in Wisconsin was for the parties' 14 year old son, Jayson, to live primarily with Father; and for the parties' 9 year old daughter, .. .!Courtney, to live primarily with Mother and their half-brother and half-sister. 5. In September 2000, Mother approached Father and indicated her desire to relocate back to Pennsylvania in order to be closer to the support of both of the parties' extended families. I, , Ii 6. Father indicated hie concurrence, and .xprelled hie, 11 :: int.ntion to relocate back to Penneylvania ae well. 7. Mother lealed an apartment, mad. provieion. for echool, II and lined up job interviewe to begin in January, in reliance upon' rather'e expr....d concurr.nc.. II 8. Fath.r now obj.cte to the relocation. I, " I 9. Fath.r haa threatened to abduct the daught.r. 1 10. Father hae threatened to harm, and even kill, Mother. 11. Father has threatened to bring legal action in i' Wisconsin. I! Ii I: 12. However, Father also continues to indi~ate that it i, remllins his intention to relocate !i Ii to Penneylvania himself in May i' 2001. I It I! " 13. Additional, substantial contacts with Cumberland County include: II I , the child is here; the child's family is here, including her mother, half-brother, half-sister, maternal grandparents, four maternal lIunte, four maternal uncles, four maternal cousins, her paternal grandfather, paternal aunt and uncle, lInd two paternal cousins; Courtney has excellent child- care available with her maternal grandmother who is a nurse; the child has relationships with her best friends, who had come out to Wisconsin to see Courtney once per year for the past three years; she has reentered the same dancing school and girl scout . troop and reenrolled in the same elementary school. 14. It is in the best interest of the child that this court decide the matter because the child and at least one party . , , r , , !i I! ,I ,. " 'I Ii :' (really both) have eignificant and there is available with I connection with Cumberland County: I the county substantial evidsnce , concerning the child's present and future care, protection, i !I training and personal relationships. 15. Mother has filed a Petition for Modification of Custody Order to ensure continued meaningful contllct between the childrsn I. , ii and Ii II i ~ il j! I! Ii both parents is settled as quickly as possible, a copy of. which is attached hereto as Exhibit "B" lInd incorporated herein: by reference. the Mother, A. Beihoff, respectfully' Felicia WHEREFORE, requests this to acknowledge that jurisdiction Honorable Court over the above-captioned matter remains with Cumberland County, Pennsylvania, and to refer the matter to conciliation pursuant to , Local alternative, to issue a Rule upon the Rule; or, in the Respondent to show cause why the relief requested by the Petitioner should not be granted, perhaps in the form of a . I relocation hearing. " Respectfully submitted, I ~~ - il Datel \l-111~ I Matthew J. Eshelman, Esqu re . Law Office of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID' 72655 Tel. (717) 763-1800 . . . . . , n 1'" -I. r.::.:_ , , ~.,. - -,.. ....~... ..' '.'. .. , the transportation ot the parties' minor childr..n for purpose. ot visitation with the Defendant in the COlMlonwealth of pennsvlvania, s. The Plaintiff further agrll8s that she will pav for all long distance telephone chat"qe~ I nC':urt'l'!c1 hV the' Detendant in calling the parties' two (2) minur childrt'n .l.n Brickfillld, Wisconsin, or alternatively, the co!<t... of lonC) disCance telephone cails made by the parties' two (2) minor childrsn to the Defendant in the Commonwealth of pennsylvania. 6. The parties hereto agree that this StipUlation shall be tiled with the Court of Common Pleas of cumb..i'"iand county, and be entered as a $ubsequent Order at Court. IN WITNESS WHEREOF, the parties hereto have placed their hands and seals to this Stipulation this August. 1997. WITNESS: ~)A1 FELICIA ANN #; o{l-ff{A .}JOALL BAKER , 4 --..---.-. or . . 9. On May 27, 1996, Defendant again Ctlntac:ted PlaintilT and informed her !hit be wu returning to Ihe Commonwealth this week Ind intended to remove th, children 10 t " Ii tl ., . ; i Gr.nd Cayman. 10. In addition, on May 27, 1996, the childrens' paternal srandmother conlac:ted Plaintill' and informed her that Defendant was loing to return to the Commonwealth to finalize some last minute issues and remove the children to Grand Cayman. The grandmother limher stated that due to her coMec:tions in Grand Cayman, the children could, and would be kept in Grand Cayman indeflnit(;ly. II. PlaintilT is concerned for the welfare of her children. PlaintilT kept her children out of school and day care to prevent Deftndant's threats from becoming a reality. 12. PlaintilT believes and further avers that Defendant is currently on WeUburtan, In anti-depressant, and Zantec:, an anti-anxiety medication. 13. Plaintiff believes that Defendant has not been engaging in a regular course of treatment in conjunction with the use of his medical ion. PlaintilTbelieves this may be the reason for these threals. . . 3 " C1RT1FICA-TI: Of sr.aVlct; I \ \ \ \ AND NOW, this 28th day of MaY, 1996,1 herebY verift that 1 have caused IlNe and __ "'... __.. '" ~"",... U.S. ..... "'" "'" _............ addressed IS followS: John 1\. Kachur, Esquirl$ Eckert seamans Chenn & Mellott 1 S. Market Square Building Harrisburg, P A 11101 REAGER" ADLER. PC By: . NlSON. ESQUIRE G'j .D. No. 66318 2331 Markel Sueet Camp Hill, PA 11011-4642 Telephone No. (111) 163-1383, AttomG'js for Plaintiff ..... . . . -.-" " For purposes of exerciling these periods of partial custody and visitation, it is specifically understood that the Father may pick up the children at any day care provider, Ichool, or other pille. where the children are located for purposo. of exorcising this Ichedulo and this provi.ion will lupersede ony previous order prohibiting Father from picking up the children at either the day care, school, or other place whera they are located. This alternating weekend schedule will commence with Father having the children on Friday, 26 April 1996. 3. The parties shall alternate the major holidays, the major holidays being defined as Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. In the event that these holidays occur on a Monday, these periods of visitation will include the entire weekend. This alternating schedule will commence with Father having Memorial Day In 1996, and the schedule will alternate thereafter. These periods of visitation will occur from 9:00 a.m. until 5:00 p.m., unless they include the weekend. when the schedule will start from Friday at 5:~0 p.m. until Monday at 5:00 p.m. 4. The parties shall share the Christmas holiday. The Christmas holiday will be broken into two segments. Segment A shall occur 'rom 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day. Segment B shall occur 'rom 12:00 noon on Christmas . , Oay until 26 Oecember at '2:00 noon. Father shall have Segment A In all even-numbered year. and Segment B in all odd-numbered year.. Mother Ihall have Segment A In all Odd-numbered yea,. and Segment B in all even-numbered Vears. 6. Mother .hall have the children on Mother'. Day and Father .hall have the children on Father'. Dav. Theae periOd. of visitation shall OCCur from 8;00 a.m. until 5;00 p.m. 6. Each party shall be entitled to two non-consecutive weeks of vacation with the children over the summer month.. Father ahall have tha right to choose his weeks by 1 April of each year, In the event that Father does not choose his weeks bv , April, then either party may provide the other with thirty (30) days written notice as to which weeks they intend to exercise this period of vacation with the children. 7. The parties agree that they will provide each other with a minimum of 48 hours notice in the event that they cannot exercise these periOds of visitation. 8. The parties agree that they shall share tranSportation. 9. The parties agree that in the event that they need to place the children with a day care provider for an extended periOd of time while the children are in their Custody, that they will call the other party to give them the right of first refusa/,to provide the day care . .. vs. i I I IN THE COURT OP COMMON PLlAS Opl I CUMBERLAND COUNTY, PINNSYLVANIA' I I I I I I No. 96 - 1395 Civil Term PELICIA ANN SAXER, (now Pelicia Seihoff), Plaintiff/Petitioner J. RANDALL SAXER, Defendant/Respondent CIVIL ACTION - AT LAW CUSTODY PREVIOUSLY ASSIGNED TO J. OLER PITITION POR MODIFICATION OF A CUSTODY ORDIR , through I i, The Peti~ioner, Felicia A. Baker (now Felicia A. Beihoff), her attorneys, The Law Offices of Patrick F. Lauer, Jr., files this Petition for Modification of a Custody Order against the Respondent, and in support thereof, avers the following I 1. The petition of Pelicia A. Seihoff respectfully represents that on August 25, 1997, an Order of Court was entered for Partial Custody, a copy of which is attached. 1\ 2. This Order should be modified because I a. Mother desires to return to Pennsylvania; b. It is in the best interest of the children for her to do so; and II II I Ii !; existing Order for Partial I: d. In either event, will allow both children. Mother believes that Pather is both willing and able to return to Pennsylvania in the immediate future as well; a schedule needs to be obtained which parents meaningful contact with the I: c. WHEREPORE, Petitioner requests that the Court modify the " interest of the child. II , Custo~y~e;~se i~will be in the best Ri~.tgI:.Qr~. · Matthew J. Eshelman, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID' 72655 Tel. (717) 763-1800 I: I Datel O;laftb " <II ~ g ~ ... w S : < Q " Z < . z .. -(, ~ " = " 5 :il ~ ...l ~ .. .. w 0 '/l o.l <oj ~ = " z ~ '" ... ill " d <oj :.J 0 " ;,; Il. ~ ... " <oj' ... 0 -< < " z 'Il ~ .. " 0 ~ x .. .. 'lIJV Ij l:l 2001 f FELICIA N, BEIHOFF. Plaintift vs. I ) I ) I ) I ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW J. RANDALL BAKER, Defendant NO. 96-1395 CIVIL ACTION PETITION TO CLARIFY AND MODIFY CUSTODY ORDER I' !' AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes II " the following Petition to Clarify and Modify this Court's Order of 26 March 2001, all based upon " L the following: II 1. The Petitioner herein is the Plaintiff, Felicia N. Beihoff, an adult individual who resides at i: Ii 23 East Portland Street in Mechanicsburg, Cumberland County, Pennsylvania. 'i 2. The Respondent herein is the Defendant, J. Randall Baker, an adult individual who I resides in either Wisconsin or Pennsylvania and for whom the Plaintiff does not have a precise illawful address. Plaintiff believes he may be contacted through his father, Thomas Baker, who II resides at 130 Wesley Drive in Mechanicsburg, Cumberland County, Pennsylvania. II 3. Plaintiff and Defendant are the parents of two minor children, Jason Kyle Baker, age 14, ! born 21 December 1986, and Courtney Ann Baker, age 10, born 21 January 1991. Both of the I I I said children are the subject of prior orders entered in this matter and both currently reside with r Plaintiff. 4. On 26 March 200 I, following a conciliation conference, the Court entered an order awarding shared legal custody and setting a partial schedule for physical custody of the two minor children. A copy of that order is attached hereto and marked as Exhibit A. 5. The order dated 26 March 2001 never made clear which parent was to have primary physical custody of the children and, as a result, the said order needs clarification. 6. Since the order of 26 March 2001 was entered, the circumstances of the parties and the children have changed, which mandate a modification of that order. The changes in the parties' circumstances include: '..'1" , " if.. , ': I' y...I FELICIA N. BErGHOFF, F.K.A. FELICIA N. BAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 96-1395 J. RANDALL BAKER, Defendant CIVIL ACTION. LAW CUSTODY QBO~R OF COURT AND NOW, this J /. th day of March, 2001, upon consideration of the allached Custody Conciliation Summary Report, it is hereby orderad and directed as tallows: 1. Legal Custody, The parties, Felicia N. Beighoff and J Randall Baker, shall have shared legal of the minor Children, Jason Kyle Baker, born December 21, 1986, and Courtney Anna Baker, born January 21. 1991. Each parent shall have an equal right. to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa, C. S.~5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. A. Mother shalt accompany Courtney to Wisconsin to see her Father the weekend of March 23, 2001 through March 25, 2001. Mother shall have partial physical custody of Jason the morning of March 25, 2001, prior to her flight departing for Harrisburg, Mother shall notify Father of the flight time, airline and arrival so that he can arrange to meet Courtney at the airport. B. Prior to Father's relocation to Pennsylvania, when Father has a trip planned to Pennsylvania that would occur more than one weekend per month, Father may have custodial periods from atter school until 7:30 p.m. Father shall select a custodial weekend for April 2001 by March 19, 2001. Father may choose a weeker'ld and bring Jason to Pennsylvania so that Mother shall be able to enjoy partial custody of Jason, The parties shall exchange school schedules within seven days to coordinate a weekend in April. Mother will go to Wisconsin for one weekend in May when she is not required to work, Mother will notify Father of the date in the month of May when she will be coming to Wisconsin no later than April 19, 2001. No, 96-1395 C, Mother shall escort Courtney to Wisconsin for the weekend of June 15, 2001 through June 17, 2001. Father's custodial time with Courtney during this weekend shall run from Friday, through Sunday morning, Mother shall be entitled to partial custody of Jason the morning of June 17, 2001, if by June 15"', 2001 Father and Jason have not relocated to Pennsylvania. D, F ather shall have the following periods of partial custody with Courtney: March 6, 2001, from 6:00 p,m. until 7:30 p,m.; March 7, 2001, from 4:00 p.m. until he takes the Child to school on March 8, 2001; March 8, 2001, after school until 7:30 p,m.: March 9. 2001, from 4:00 p.m. until March 10, 2001, at 10:00 a.m. 3. E-Mails/ClJmmunication. 1:.6 p<:lrtics shall share, through e-mail, eac.h Child's weekend plans in advance so that Father can plan his weekend visits to Pennsylvania. The parties shall endeavor towards SCheduling activities for the Children during the other parenl's cuslodial weekends. 4. In the event that Father is not exercising more than one custodial weekend per month prior to his return to Pennsylvania, it shall be permissible for the paternal grandfather, Tom Baker, to have one weekend day for partial custody of Courtney. 5. Summer. Each party is entitled to up to twee non-consecutive weeks for the purpose of summer vacation. Beyond that vacation time, is the intent of the parties to provide the summer equally between the parties without regard to any camp schedule which the parties may agree upon for the minor Daughter. During the summer vacation time the parties shall arrange for reasonable telephone contact between the minor Children and the non- vacationing parent. 6. It is the Father's intention to return with the parties' Son to reside in the greater Harrisburg, Pennsylvania area. Therefore, the parties intend to have an alternate weekend schedule during the school year from Friday after school until Sunday at 6:00 p.m. The first weekend ofthe 2001-2002 school year shall be deemed to be Father's weekend which shall be the weekend of Friday, September 7,2001, through Sunday, September 9,2001. 7. In the event that either party is unable to exercise a period of custody, prior to contacting a third-party caregiver, that party shall contact the other parent to ascertain their availability to provide for care of the Children, No. 96-1395 8. HolidaY/l. The fol/owing hOlidays shall be alternated: 1. Easter 2. Memorial Day 3. Labor Day 4. Thanksgiving 5. Christmas CM"m.. .hon be pm,,,,,,, '",0 Iwo "gmo",.. Segm", A ,'''" '", fmm Oe,emb" 23. Ibm..,,, Oeoembe, 2,.. Segm", B "'all '", fmm lleoembe, 27'" Ibm"'h Ibe day befo" school starts. In Odd-numbered years, Mother shall have the even-numbered holidays and Sagm", B of Ch'"Im.. "oak; F"he, .hall ha"'lb. ""'..um..", holiday. ao' Sog"",", A of Ch'"Im.. 'm"". " e"""um""d Yo.". MoIh" 'hall ha", ""d"umbe,,,,, holida" 00' So,moo, A of C",,'Im.. bmak; Fath" 'hall h.... e""',umb"", hOIi'a" ood Segme,' B of Christmas break. BY THE COURT, Dlsl: Diane G. Radcliff, Esquire, 3448 Trlndle Road, Camp Hill, PA 17011 Gerald Robinson, Esquire, 4407 N, Fronl Slreer, Harrisburg, PA 17110 TRUE COpy FROM RECORD In T eSlimony whereof, I here Unto sel my Iland and I seal of Sili Court at Carlisle Pa .:I~ , . Thl, ...........v... tfIjy-J" f.. ~.n ftj/) l ...k:!lr. ,~..:,/id.r...." !..-!.. '. ... ..~~~ ... ~. ~ ~ ~ ~ ,~ \k ~' '" ~ "" ~. ~ ~ ~ ~) J -..A- , rES I 9 2002 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1395 CIVIL ACTION - LAW CUSTODY FELICIA N. BEIHOFF, Plaintiff vs, J. RANDALL BAKER, Oler, J. - TEMPORARY ORDER OF COURT AND NOW, this "} 7 .-. ,J day of ~ (' L I " . ~ ' 2002, upon consideration of the attached Custody Conciliation Summary R port, it is hereby ordered and directed as follows: 1. Legal Custody, The Mother, Felicia N. Beihoff, shall have primary legal custody of the minor Children, Jason Kyle Baker, born December 21, 1986, and Courtney Ann Baker, born January 21, 1991. Mother shall endeavor to consult with Father with regard to all major decisions affecting the Children's general well being, including but not limited to, all decisions regarding their health, education and religion, if she is able to locate him. However, in the event that Father is not reasonably available, Mother shall assume the responsibility of decision making pursuant to her rights as the parent with primary legal custody of these Children. 2. Physical Custody. The Mother shall have primary physical custody of the Children subject to periods of partial custody with the Father as the parties may agree. 3. In the event that Father is aggrieved by the terms of this Order, Father may Petition the Court for Modification and the Custody Conciliation Conference will reconvene in due course. 4. Plaintiffs counsel will make reasonable efforts to serve a copy of this Order upon the Defendant at the last known address for the Defendant and any subsequent address that shall become known to Plaintiffs counsel. However, this Order shall remain in full force and effect pending further Order of Court or an agreement of the parties. BY THE COURT, J. ~ Oisl: Samuel L, Andes. Esquire. 525 N 12" Street. Lema e. PA 17043 J Randall Baker cia Thomas Baker 130 Wesley On.e, Mechanlcsburg. PA 17055 L...r rrvw.M .J. 1 ~'_ o,/..; q. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA FELICIA N. BEIHOFF. liS, NO 96-1395 Defendant CIVIL ACTION. LAW CUSTODY J. RANDALL BAKER, CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jason Kyle Baker Courtney Ann Baker December 21. 1986 January 21, 1991 Mother Mother 2. A Custody Conciliation Conference was held on January 22, 2002, with the following indilliduals in attendance: the Mother, Felicia N. Beihoff, and her counsel, Samuel L. Andes, Esquire. The Father did not attend, nor did counsel on his behalf. 3. The Conference was scheduled pursuant to Mother's Petition to Modify filed on NOllember 8, 2001. The Conference had been rescheduled from December 17, 2001, due to the illness of the parties' daughter and serious illness of the Defendant's Mother. At that time counsel for the Plaintiff represented that the Defendant concurred with the Continuance. Subsequent to the Continuance being granted, on or about January 7, 2002, Plaintiff's counsel mailed a copy of the Order scheduling a Conference for January 22, 2002, to the Defendant at the last address prollided to Plaintiff's counsel in December 2001, by first class United States mail. That mail had not been returned as of the date of the Conciliation Conference. 4. The Conciliator met with Plaintiffs counsel and Plaintiff for approximately twenty- fille minutes, prolliding some time for Father to arrille in the ellent that he was running late. Howeller, Father did not arrille. Mother reports that the parties' younger Child is undergoing serious and complicated medical interventions at the Milton S. Hershey Medical Center. Therefore, she feels that it is particularly important to halle an Order confirming that she is the responsible decision maker on behalf of this Child, Accordingly, the Conciliator recommends a Temporary Order of Court as attached which shall be subject to modification upon Petition by the DefendanUFather. The Order also requires Plaintiffs counsel to make reasonable efforts to serve the DefendanUFather with a copy of the Order in the ellent that a new address would be made allailable for Father. Plaintiff represents that she has had only two telephone No, 96-1395 - Civil Term calls since December 26, 2001, Plaintiff reports that at that time the Defendant claimed to have been in Wisconsin and planned to stay there. ,2/to/tJ]" Melissa Peel Greevy, Esqul Custody Conciliator Date Plaintiff I ) ) ) ) I ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 96-1395 CIVIL ACTION JAY R. BAKER, vs. FELICIA A. BEl HOFF Defendant PETITION TO MODIFY CUSTODY ORDER AND NOW comes the above-named Plaintiff, and makes the following Petillon to Clarify and Modify this Court's Order of 22 February. 2002, all based upon the following: 1. The Petitioner herein Is the Plaintiff, Jay R. Baker. an adult individual who resides at 1743 Kettle Cove Court, Hartland. Waukesha County, Wisconsin. 2. The Respondent herein Is the Defendant. Felicia A. Beihoff, an adult Individual who resides at 23 E. Portland Street. Mechanlcsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are the parents of two minor children, Jason Kyle Baker, age 15. born 22 December 1986, and Courtney Ann Baker. age 11, born 21 January 1991. Both of the said children are the subject of prior orders entered In this matter and both currently reside with Defendant. 4. On 22 February 2002, following a concilialion conference, the Court entered an order awarding Primary Legal Custody of both minor children. A copy of that order Is attached hereto as exhibit A. 5. The Defendant had Pelitioned the Court to Clarify and Modify the Court's Order of 26 March 2001. A copy Is attached hereto as Exhibit B. 6. The Plalnliff was not given notice of conciliation conference held 22 February 2002. 7. The Defendant has always known of Plaintiff's precise lawful address. 8. The Plaintiff has had primary physical custody of the parlies' son for the past five years, and repeatedly Interrupted partial physical custody of the daughter. 9. The Defendant has agreed with Plaintiff to return the parlies' son to Plaintiff's primary custody and return to Wisconsin, and partial custody of the parties' daughter for summer, holidays and establish 'If::; mOL Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 96-1395 CIVIL ACTION - LAW CUSTODY FELICIA N. BEIHOFF, vs. J. RANDALL BAKER, Defendant Oler, J. - TEMPORARY ORDER OF COURT AND NOW, this .2;2 """ day of 1...,1...."'*'4- ,2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. LeQal Custody. The Mother, Felicia N. Beihoff, shall have primary legal custody of the minor Children, Jason Kyle Baker, born December 21,1986, and Courtney Ann Baker, born January 21,15191. Mother shall endeavor to consult with Father with regard to all major decisions affecting the Children's general well being, including but not limited to, all decisions regarding their health, education and religion, if she is able to locate him. However, in the event that Father is not reasonably available, Mother shall assume the responsibility of decision mak!ng pursuant to her rights as the parent with primary legal custody of these Children. 2. Phvsical Custody. The Mother shall have primary physical custody of the Children subject to periods of partial custody with the Father as the parties may agree. 3. In the event that Father is aggrieved by the terms of this Order, Father may Petition the Court for Modification and the Custody Conciliation Conference will reconvene in due course. 4. Plaintiffs counsel will make reasonable efforts to serve a copy of this Order upon the Defendant at the last known address for the Defendant and any subsequent address that shall become known to Plaintiffs counsel. However, this Order shall remain in full force and effect pending further Order of Court or an agreement of the parties. I; ':. ." ,,' j BY THE COURT, r ,- . ,.' . j:~ ' . "' . .., .. ", ill:.1Jq' ;1-H.L- , rJJ'~L,. 'U',! .u;~ - ,!J1.J{!._ " A ~""1 p-... r~- '." - ~ .. ,'... '.- ...~....'. i j;/ Q, t..JUP'1. (i'll'_" 9 ~./Wesley Oler,:!. . Disl: Samuel L. Andel, Esquire, 525 N, 12~ Slreet. Lemoyne, PA 17043 J, Randall Baker r:)o Thomas Baker 130 Wesley Dnve, Mechanicsburg. PA 17055 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1395 CIVIL ACTION - LAW CUSTODY FELICIA N. BEl HOFF, vs. J. RANDALL BAKER, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jason Kyle Baker Courtney Ann Baker December 21,1986 January 21, 1991 Mother Mother 2. A Custody Conciliation Conference was held on January 22, 2002, with the following individuals in attendance: the Mother, Felicia N. Beihoff, and her counsel, Samuel L. Andes, Esquire. The Father did not attend, nor did counsel on his behalf. 3. The Conference was scheduled pursuant to Mother's Petition to Modify filed on November B, 2001. The Conference had been rescheduled from December 17, 2001, due to the illness of the parties' daughter and serious illness of the Defendant's Mother. At that time counsel for the Plaintiff represented that the Defendant concurred with the Continuance. Subsequent to the Continuance being granted, on or about January 7, 2002, Plaintiffs counsel mailed a copy of the Order scheduling a Conference for January 22, 2002, to the Defendant at the last address provided to Plaintiffs counsel in December 2001, by first class United States mail. That mail had not been returned as of the date of the Conciliation Conference. 4. The Conciliator met with Plaintiffs counsel and Plaintiff for approximately twenty- five minutes, providing some time for Father to arrive In the event that he was running late. However, Father did not arrive. Mother reports that the parties' younger Child is undergoing serious and complicated medical interventions at the Milton S. Hershey Medical Center. Therefore, she feels that it is particularly important to have an Order confirming that she is the responsible decision maker on behalf of this Child. Accordingly, the Conciliator recommends a Temporary Order of Court as attached which shall be subject to modification upon Petition by the DefendantlFather. The Order also requires Plaintiffs counsel to make reasonable efforts to serve the Defendant/Father with a copy of the Order In the event that a new address would be made available for Father. Plaintiff represents that she has had only two telephone No. 96-1395 - Civil Term calls since December 26, 2001. Plaintiff reports that at that time the Defendant claimed to have been In Wisconsin and planned to stay there. Date c2/;O/OJ,- l / ellssa Peel Greevy; Esqui Custody Conciliator (7(7) 7,,/- '(5'/0 I"Cd '!. 2 >001 t;l' FELICIA N. BEIGHOFF, F.K.A. FELICIA N. BAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1395 vs, J. RANDALL BAKER, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this JJ d~ day of March, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Felicia N. Beighoff and J. Randall Baker, shall have shared legal of the minor Children, Jason Kyle Baker, born December 21, 1986, and Courtney Anna Baker, born January 21, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S.~5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or Information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. A. Mother shall accompany Courtney to Wisconsin to see her Father the weekend of March 23, 2001 through March 25, 2001. Mother shall have partial physical custody of Jason the morning of March 25, 2001, prior to her flight departing for Harrisburg. Mother shall notify Father of the flight time, airline and arrival so that he can arrange to meet Courtney at the airport. B. Prior to Father's relocation to Pennsylvania, when Father has a trip planned to Pennsylvania that would occur more than one weekend per month, Father may have custodial periods from after school until 7:30 p.m. Father shall select a custodial weekend for April 2001 by March 19, 2001. Father may choose a weekend and bring Jason to Pennsylvania so that Mother shall be able to enjoy partial custody of Jason. The parties shall exchange school schedules within seven days to coordinate a weekend in April. Mother will go to Wisconsin for one weekend in May when she is not required to work. Mother will notify Father of the date in the month of May when she will be coming to Wisconsin no later than April 19, 2001. No. 96-1395 C. Mother shall escort Courtney to Wisconsin for the weekend of June 15, 2001 through June 17, 2001. Father's custodial time with Courtney during this weekend shall run from Friday, through Sunday morning. Mother shall be entitled to partial custody of Jason the morning of June 17, 2001, if by June 15th, 2001 Father and Jason have not relocated to Pennsylvania. D. Father shall have the following periods of partial custody with Courtney: March 6,2001, from 6:00 p.m. until 7:30 p.m.; March 7, 2001, from 4:00 p.m. until he takes the Child to school on March 8, 2001; March 8, 2001, after school until 7:30 p.m.; March 9, 2001, from 4:00 p.m. until March 10, 2001, at 10:00 a.m. 3. E-Mails/Communication. The parties shall share, through e-mail. each Child's weekend plans in advance so that Father can plan his weekend visits to Pennsylvania. The parties shall end~avor towards scheduling activities for the Children during the other parent's custodial weekends. 4. In the event that Father is not exercising more than one custodial weekend per month prior to his return to Pennsylvania, it shall be permissible for the paternal grandfather, Tom Baker, to have one weekend day for partial custody of Courtney. 5. Summer. Each party Is entitled to up to three non-consecutive weeks for the purpose of summer vacation. Beyond that vacation time, is the intent of the parties to provide the summer equally between the parties without regard to any camp schedule which the parties may agree upon for the minor Daughter. During the summer vacation time the parties shall arrange for reasonable telephone contact between the minor Children and the non- vacationing parent. 6. It is the Father's intention to return with the parties' Son to reside in the greater Harrisburg. Pennsylvania area. Therefore, the parties intend to have an alternate weekend schedule during the school year from Friday after school until Sunday at 6:00 p.m. The first weekend of the 2001-2002 school year shall be deemed to be Father's weekend which shall be the weekend of Friday, September 7, 2001, through Sunday, September 9, 2001. 7. In the event that either party is unable to exercise a period of custody, prior to contacting a third-party caregiver. that party shall contact the other parent to ascertain their availability to provide for care of the Children. i i I I J I ! i I I \ i ~ . ~ . .... ,Ll ,'. . '"' .. C"-.; F; : ~~~ . ~ ~ ~ i:H , L. ..." ."-' ~:J \.. ...l1 ~ <:::c t,'! ~"- ;r; 00 ~ ~ ,f) '" cr, 'J ,) U " 0 "'* ~ l=} ~ , '. , . (\j :'(l.. <; U . , JU~Ot FELICIA ANN BEIHOFF, formerly FELICIA ANN BAKER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1395 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Plaintiff v. JAY R. BAKER, Defendant OLER, J. --- ORDER OF COURT AND NOW. this '~l H, day of June. 2002, upon consideration of the attached Custody Conciliation Summary Report, it Is hereby ordered and directed as follows: 1. Legal Custody. The Mother, Felicia A. Beihoff, shall have primary legal custody of the minor children, Jason Kyle Baker. born December 21, 1986, and Courtney Ann Baker, born January 21, 1991. Mother shall endeavor to consult with Father with regard to all major non-emergency decisions affecting the children's general well-being, including, but not limited to, all decisions regarding their health, education and religion, if she is able to locate him. However, in the event that Father is not reasonably available, Mother shall assume the responsibility of decision-making pursuant to her right as a parent with primary legal custody of these children. During such times as Father has partial custody of the children, Father shall have the responsibility to make decisions with regard to medical care. He too shall endeavor to consult with Mother with regard to any emergent or non-emergent medical decisions which need to be made, if he is able to locate her. However, in the event that Mother is not reasonably available. and an urgent medical need has arisen, Father shall assume the responsibility of decision-making during his period of partial custody. 2. Physical Custody. The Mother shall have primary physical custody of the children subject to periods of partial custody with the Father arranged as follows: A. June 16 through June 17, 2002 at 8:00 p.m. Mother shall provide transportation by dropping the children off with Father at the home of the paternal grandfather on Father's Day. B. June 20 at 6:00 p.m. through June 21, 2002 at 2:30 p.m. C. June 22 at 9:00 a.m. through June 23, 2002 at 8:00 p.m. PLA(~TIH IN IHE COURT OF COM,\ION Pl.EAS OF n'M/lERL\ND COl 'NTY. PENNSYLVANIA JA Y R. BAKER V, 96-1395 nVIl. ACTION LAW FELICIA BEIHOLT OHENOANT IN CUSTODY ORDF.R (IF COl'RT AND NOW. __,.__.' frid~~pt!.D1ber.0/),-~002_.____. ,__..' upon conSIderatum of Ihe allached Complaint. It is hereby directed that parties and their respcctive counsel appear bethre MeUssa _P..~r!e!y,.!~,___. the conciliator, at 301 Market Street. Lemoyne. PA 17043 on _--.J:'!.e.!.d!,v. ()etober 08.2001 at 8:30 AM for a Pre-Hearing Custody Conlerence,. At such conlercncc. an crt'lrt Will hc madc to resolve the issues In dispute; or if this cannot be accomplished. to deline and narrow the issues to he hcard hy the court, and to enter into a temporary order. All children aile live or older may also be present at the ""nference, Failure to appear at the conference may provide gruund. for entry of a temporary or permanent order. The court hereby directs the parties 10 furnish any and all existing Protection from Abu,,. orders, Special Relief orden, and Custody orden to the conciliator 48 hours prior to scheduled hearlnll. FOR TilE COURT. By:__~"--____MeJissa P. Gret'll)/, Esq. Custody ConcllliltOr \~'-' ... The Court of Common Picas of Cumberland Coumy is required by law to comply with Ihe Americans with Oisabilites Act of 1990. For information about acccssible facilillcs'and reasonable accommodations available to disabled indiViduals having business bel'lre the court, please contact our ofli.e. All alT.mgements must be made at least 72 hours prior 10 any bearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE HilS PAPER TO YOUR A rrORNEY AT ONCE. IF YOU 00 NOT IIA VE AN AHORNEY OR CANNOT AFFORD ONE. no TO OR TEI.EPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN (jET LEGAL /IELP. Cumberland County Bar Association 2 Liberly Avenue Carhsle. Pennsylvama 17U13 T c1ephone (717) 249.3166 Plaintiff I I ) ) ) ) I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA JAY R. BAKER. vs. CIVIL ACTION - LAW FELlCIAA. BEIHOFF Defendant NO. 9~1395 CIVIL ACTION '- -~ ,-', PETITION TO MODIFY CUSTOMER ORDER t, ~ .: : ., '.- , ';"-'. :.. '..) .c, -< tn :"...;, AND NOW comes the above-named plaintiff, and makes the following Petition to Clarify and Modify this Court's Order of 17 June, 2002, all based upon the following: 1. The Petitioner herein is the Plaintiff, Jay R. Baker, an adult Individl,;al who resides at 1743 Kettle Cove Court, Hartland, Waukesha County, Wisconsin and 130 Wesley Dr. Mechanicsburg, Cumberland County, Pennsylvania 2. The Respondent herein Is the Defendant, Felicia A. Beihoff, an adult individual who resides at 1254 Rocky Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are the parents or two minor children, Jason Kyle Baker, age 15, bom 22 December 1986, and Courtney Ann Baker, age 11, born 21 January 1991. Both of the said children are the subject of prior orders entered in this matter and both currently reside with Defendant. 4. On 22 February 2002, following a conciliation conference, the Court entered an order awarding Primary Legal Custody 01 both minor children. A copy of that order is attached hereto as Exhibit A. 5. The Defendant has Petitioned the Court to Clarify and Modify the Court's Order of 26 March 2001. A copy is attached hereto as Exhibit B. 6. The Plaintiff was not given notice of conciliation conference held 22 February 2002. 7. The Defendant has always know of Plaintiff's precise lawful address. 8. The Plaintiff has had primary physical custody of the parties' son for the past five years. and repeatedly interrupted partial physical custody of the daughter. 9. The Defendant has agreed with Plaintiff to return the parties' son to Plaintiff's primary custody and return to Wisconsin, and partial custody of the parties' daughter for the summer, holidays and establish parameters of visitation when plaintiff is in Pennsylvania. 10. On 11 June a custody conciliation conference was held to mostly address issues of custody lor summer. The issues for long term custody of the parties son was not settled and Plaintiff disagrees with current order. Exhibit C 11. Defendant is currently party to custody agreement in Waukesha County Wisconsin. With Bert J. Beihoff. They share two children, Matthew born 8-12-98 and Kristen born 2-24.00. Case no. 00.FA.1275 Divorce-40101. The Defendant is obligated by agreement to return the younger children to the father In WI. Several times a year lor periods 01 visitation. And has stated her inter,t to return to WI at some time. 12. Plaintiff, (being in agreement with Mr. Beihoff), requests that in the best interest 01 all Delendants children, that she return to Waukesha Co. WI so that both fathers would have more Irequent and consistent contact with their children. And maintain current positions. 13. Defendant moved to Wisconsin in fall of 97. On Christmas day 2000 defendant lied the state alter promise of 2 weeks visitation lor Christmas holiday. 14. The best interest 01 the children will be served by awarding Plaintiff legal and physical custody 01 the parties' son, and shared legal and physical custody 01 the parties' daughter. With periods of partial custody lor both. WHEREFORE, the Plaintiff prays this Court to modily its order 0117 June 2002 to make it clear that the parties' son will return to Plaintiff and establish periods 01 partial custody lor both parties. J"~ -f(. ilL 130 Wesley Dr. Mechanicsburg. PA 17055 (717) 795-8094 I verily that the statements made in this document are true and correct. I understc:.nd that any lalse statements In this document are subject to the penalties or 18 PA. C.S. 4904 (unsworn falsification to authorities). DATE: <j, ')..7' 0'2/ JAY R~ f2 -fJ( Plaintiff \,./ , .10;:; 1 '.'\ 7.00, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1395 CIVIL TERM FELICIA ANN BEIHOFF, formerly FELICIA ANN BAKER, v. CIVIL ACTION - LAW IN CUSTODY JAY R. BAKER, Defendant OLER, J. no ORDER OF COURT tZ.- AND NOW, this /1- day of June, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The Mother, Felicia A. Beihoff, shall have primary legal custody of the minor children, Jason Kyle Baker, born December 21, 1986. and Courtney Ann Baker, born January 21, 1991. Mother shall endeavor to consult with Father with regard to all major non-emergency decisions affecting the children's general well-being, Including, but not limited to. all decisions regarding their health, education and religion, if she is able to locate him. However. in the event that Father is not reasonably available, Mother shall assume the responsibility of decision-making pursuant to her right as a parent with primary legal custody of these children. During such times as Father has partial custody of the children, Father shall have the responsibility to make decisions with regard to medical care. He too shall endeavor to consult with Mother with regard to any emergent or non-emergent medical decisions which need to be made, if he is able to locate her. However, in the event that Mother is not reasonably available, and an urgent medical need has arisen, Father shall assume the responsibility of decision-making during his period of partial custody. 2. Physical Custody. The Mother shall have primary physical custody of the children subject to periods of partial custody with the Father arranged as follows: A. June '16 through June 17, 2002 at 8:00 p.m. Mother shall provide transportation by dropping the children off with Father at the home of the paternal grandfather on Father's Day. B. June 20 at 6:00 p.m. through June 21, 2002 at 2:30 p.m. C. June 22 at 9:00 a.m. through June 23, 2002 at 8:00 p.m. No,96-1395 C. Mother :shall escort Courtney to Wisconsin ror the weekend of June 15, 2001 through June 17, 2001. Father's custodial time with Courtney during this weekend shall run from Friday, through Sunday morning. Mother shall be entitled to partial custody of Jason the morning of June 17, 2001, if by June 151/1, 2001 Father and Jason have not relocated to Pennsylvania, D. Father shall have the following periods of partial custody with Courtney: March 6, 2001, from 6;00 p,m. until 7:30 p.m.; March 7, 2001, from 4:00 p.m. until he takes the Child to school on March 8, 2001; March 8,2001, after school until 7:30 p.m,; March 9, 2001, from 4:00 p,m. until March 10, 2001, at 10:00 a.m. 3. E-Mails/Communication. The parties shall share, through e-mail, each Child's weekend plans in advance so that Father can plan his weekend visits to Pennsylvania. The parties shall endeavor towards scheduling activities for the Children during the other parent's custodial weekends. 4. In the event that Father is not exercising more than one custodial weekend per month prior to his return to Pennsylvania, it shall be permissible for the paternal grandfather, Tom Baker, to have ona weekend day for partial custody of Courtney. 5. Summer. Each party is entitled to up to three non-consecutive weeks for the purpose of summer vacation. Beyond that vacation time, is the intent of the parties to provide the summer equally between the parties without regard to any camp schedule which the parties may agree upon for the minor Daughter. During the summer vacation time the parties shall arrange for reasonable telephone contact between the minor Children and the non- vacationing parent. 6. It is the Father's intention to return with the parties' Son to reside in the greater Harrisburg, Pennsylvania area. Therefore, the parties intend to have an alternate weekend schedule during the school year from Friday after school until Sunday at 6:00 p.m. The first weekend of the 2001-2002 school year shall be deemed to be Father's weekend which shall be the weekend of Friday, September 7,2001, through Sunday, September 9,2001. 7. In the event that either party is unable to exercise a period of custody. prior to contacting a third-party caregiver, that party shall contact the other parent to ascertain their availability to provide for care of the Children, W'K '! C 'oa! tf.! FELICIA N. BEIGHOFF, F.K.A. FELICIA N. BAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1395 vs. J. RANDALL BAKER, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this J)tl~ day of March, 2001, upon consideration of the allached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Felicia N. Beighoff and J. Randall Baker, shall have shared legal of the minor Children, Jason Kyle Baker, born December 21, 1986, and Courtney Anna Baker, born January 21, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S.~5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. A. Mother shall accompany Courtney to Wisconsin to see her Father the weekend of March 23,2001 through March 25, 2001. Mother shall have partial physical custody of Jason the morning of March 25, 2001, prior to her flight departing for Harrisburg. Mother shall notify Father of the flight time, airline and arrival so that he can arrange to meet Courtney at the airport. B. Prior to Father's relocation to Pennsylvania, when Father has a trip planned to Pennsylvania that would occur more than one weekend per month. Father may have custodial periods from after school until 7:30 p.m. Father shall select a custodial weekend for April 2001 by March 19, 2001. Father may choose a weekend and bring Jason to Pennsylvania so that Mother shall be able to enjoy partial custody of Jason. The parties shall exchange school schedules within seven days to coordinate a weekend In April. Mother will go to Wisconsin for one weekend in May when she is not required to work. Mother will notify Father of the date In the month of May when she will be coming to Wisconsin no later than April 19, 2001. '.0 'd.J 'I : -;'[/(1;, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 96-1395 FELICIA N. BEIHOFF, vs, Defendant CIVIL ACTION. Lo..W CUSTODY J. RANDALL BAKER, Oler, J. - TEMPORARY ORDER OF COURT AND NOW. this ..l;z ..wi day of 1..dL-<w'"4- ' 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody, The Mother, Felicia N. Beihoff, shall have primary legal custody of the minor Children, Jason Kyle Baker, born December 21, 1986, and Courtney Ann Baker, born January 21, 1991. Mother shall endeavor to consult with Father with regard to all major decisions affecting the Children's general well being, including but not limited to. all decisions regarding their health, education and religion, if she is able to locate him, However, in the event that Father is not reasonably available, Mother shall assume the responsibility of decision making pursuant to her rights as the parent with primary legal custody of these Children. 2. Phvsical Custody. The Mother shall have .,rimary physical custody of the Children subject to periods of partial custody with the Father as the parties may agree. 3. In the event that Father is aggrieved by the terms of this Order, Father may Petition the Court for Modification and the Custody Conciliation Conference will reconvene in due course. 4. Plaintiffs counsel will make reasonable efforts to serve a copy of this Order upon the Defendant at the last known address for the Defendant and any subsequent address that shall become knO'Nn to Plaintiffs counsel. However, this Order shall remain in full force and effect pending further Order of Court or an agreement of the parties, i .'~ . ':. . - '-, j BY THE COURT, I:; 'j~ ~ . .." . " ';~ ~ .....-; , . . ~... ;. .. .-. . J ... " 'II:S 1Jtf. ~ ():L.lw LA ''/ .1(;'..J 111.<M. " "~"'i P:-;:,:;.~';,/,;;'I j;J (). tUL4-P~., (j.'I(/u 9 a.'Wesley Oler,lJ_ . Disl: Samuel L_ Andes, EsqUire, 525 N, 12"' Street. Lemoyne. PA 17043 J, Randall Baker cia Thomas Baker 130 Wesley Onve, Mechanicsburg, PA 17055 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FELICIA N. BEIHOFF, vs. NO. 96-1395 Defendant CIVIL ACTION - LAW CUSTODY J. RANDALL BAKER, CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF. Jason Kyle Baker Courtney Ann Baker December 21, 1986 January 21, 1991 Mother Mother 2. A Custody Conciliation Conference was held on January 22, 2002, with the following individuals in attendance: the Mother, Felicia N. Beihoff, and her counsel, Samuel L. Andes, Esquire. The Father did not attend, nor did counsel on his behalf. 3. The Conference was scheduled pursuant to Mother's Petition to Modify filed on November 8,2001. The Conference had been rescheduled from December 17, 2001, due to the illness of the parties' daughter and serious illness of the Defendant's Mother. At that time counsel for the Plaintiff represented that the Defendant concurred with the Continuance. Subsequent to the Continuance being granted, on or about January 7, 2002, Plaintiffs counsel mailed a copy of the Order scheduling a Conference for January' 22, 2002, to the Defendant at the last address provided to Plaintiffs counsel in December 2001, by first class United States mail. That mail had not been returned as of the date of the Conciliation Conference. 4. The Conciliator met with Plaintiffs counsel and Plaintiff for approximately twenty- five minutes, providing some time for Father to arrive in the event that he was running late. However, 'Father did not arrive. Mother reports that the parties' younger Child is undergoing serious and complicated medical interventions at the Milton S. Hershey Medical Center. Therefore, she feels that it is particularly important to have an Order confirming that she is the responsible decision maker on behalf of this Child. Accordingly, the Conciliator recommends a Temporary Order of Court as attached which shall be subject to modification upon Petition by the DefendanUFather. The Order also requires Plaintiffs counsel to make reasonable efforts to serve the DefendanUFather with a copy of the Order in the event that a new address would be made available for Father. Plaintiff represents that she has had only two telephone . , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1395 CIVIL TERM FELICIA ANN BEIHOFF. formerly FELICIA ANN BAKER. v. CIVIL ACTION - LAW IN CUSTODY JAY R. BAKER, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8. the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Jason Kyle Baker Courtney Ann Baker December 21, 1986 Mother January 21, 1991 Mother 2. A Custody Conciliation Conference was held on October 8, 2002 pursuant to Father's request for a Petition to modify the Customer(sic) Order filed on August 29, 2002. Present for the conference were the Father. Jay R. Baker. pro se; the Mother. Felicia A. Beihoff. and her counsel, Samuell. Andes. Esquire. Father petitioned for a modification of the present Order with his goal as having the Court to require Mother to move to Wisconsin so that the children would have more frequent and consistent contact with their Father and so that the Fathers could maintain their present employment positions. Father alleges that Mother has two other children to another father. These children are also subject to a Custody Order that provides for Mother to take them to Wisconsin to see their father periodically. Father further alleges that Mother has repeatedly interrupted his periods of partial custody and has failed to retum the parties' son to his primary custody at his request despite her purported agreement to do so. 3. The Mother's position on custody is as follows: The Mother does not agree to move to Wisconsin. She is presently enrolled in a Physician's Assistant program at the Harrisburg Area Community College. She reports that she is half-way through this program which she intends to complete through a combination of courses at Penn State Middletown Campus and the Hershey Medical Cl3nter. She is also employed with Health Corp part-time while she is finishing up her credits at HACC. Mother reports that the parties' daughter Courtney is presently receiving specialized medical care through a Pediatric Neurologist. Dr. , . NO. 96-1J95 ~IV[L 1~KM Monroe at Hershey Medical Center. He is apparently treating her for Mastoid Disease and headaches. The children are presently enrolled at school in the Mechanicsburg School District. Jason is presently being evaluated for the presence of a learning disability. For all these reasons, Mother believes that it would not be in the children's best interests to require her to move in order to facilitate Father's periods of partial custody. Additionally, Mother reports that within the last month there was an incident between Father and Jason where Jason was accused by Father of stealing Marijuana from Father. Mother reports that Jason was beaten by his Father and caused a concussion for which he received medical treatment. Jason apparently missed one week of school following this incident. Courtney was also apparently present during this incident. A Children and Youth Report has been made, however, the outcome is not known to the Conciliator or Counsel. As a result of this incident. Mother reports that the children do not want to see the Father. Jason is presently attending Gaudenzia and receiving outpatient, individual and group therapy. The report from the treatment provider at Gaudenzia is that his attitude is positive and that he is actively participating in treatment. Mother also represents that the children have reported to her that Father is using marijuana during their periods of custody and has made comments to them that have led them to believe he may be selling other drugs. Mother requests that until such time as Father has received an evaluation and treatment for anger management. that visits with the children be suspended. 4. Inasmuch s the parties have not reached an agreement for the modification of the Order and counsel for the Mother intends to file a Petition to Modify Custody and suspend Father's periods of partial custody, a Hearing will be scheduled before the Court. In light of the allegations that Father has made in his Petition that he was not given notice of a February 22. 2002 Custody Conciliation Conference and his further allegation that the Defendant has always known his precise lawful address at which to serve him, the Conciliator obtained agreement of all parties that in the absence of notice to the court to the contrary, addresses listed in Father's August 29, 2002 Petition shall be presumptively correct for the purpose of service of process. Father was specifically instructed that if there were to be any need to change his address for purposes of service, he would need to notify the Court. I 0 /1'1 fJ V Date (~ --tffu ~ Melissa Peel Greevy, Esquire Custody Conciliator :163771 f M ., 'Ji ~ 0 " ~ I<l w Q S % < " ;t, < . Z .. -(, ... 5 = " < :il ~ ...l ~ .. .. " 0 III o.l '" ~ " z z " z I<l 0: d '" :.J 0 ;: ;,; Il. - S : ... 0 ",- < " z 'Il ~ .. " 0 ~ :l: '" .. . ~ FELICIA ANN BEIHOFF, formerly FELICIA ANN BAKER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 96-1395 CIVIL TERM JAY R. BAKER, IN CUSTODY Defendant PETITION TO SUSPEND AND MODIFY CUSTODY ORDER AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court to suspend and modify its prior order in this matter, based upon the following: 1. The Petitioner herein is the Mother of the two minor children involved in this action, The Respondent herein is the Father. 2. In June of 2002, following a custody conciliation conference, this court entered an order granting Mother primary physical custody of the children and setting a schedule 01 time for Father to have temporary custody of them. 3. In September of 2002, during one of the Father's periods of temporary custody, he assaulted the older child, Jayson, beating him about the face and head and causing sarious medical injuries, including a concussion, The beating took place in the presence of the younger child, Courtney, who was terrorized, frightened and upset by the experience. 4. Mother believes that the Father uses illegal drugs on a regular and frequent basis and has acknowledged that use to the children. 5. Because of the Father's conduct, Mother believes that his periods of temporary custody with the children should be suspended until the Father obtains some counseling, some anger control therapy, and some drug testing or rehabilitation. 6, Allowing the children in the temporary custody of the Father constitutes a threat to their physical and emotional well-being and safety. I ">- J , .,- c:" 1..::' I-'~ .. .. ' .~ .~.. ,.~~ .. .~:'": , , , /' , i ,I , ,.-':1 '- ! , , , - -,(.) ,~ ...~~ , , ') .:_J ',J 0 FELICIA ANN BEIHOFF, : formerly FELICIA ANN BAKER. Plaintiff (N THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW lA Y R. BAKER. Defendant NO. 96-1395 CIVIL TERM ORDER OF COURT AND NOW. this 21'1 day of February, 2003, upon consideration of the attached letter from Samuel L. Andes. Esq., the hearing previously scheduled in the above matter for February 24, 2003. is rescheduled to Wednesday, March 19. 2003, at 9:30 a.m., in Courtroom No. I. Cumberland County Courthouse. Carlisle, Pennsylvania. BY THE COURT, 1. I Samuel L. Andes. Esq. 525 N. Twelfth Street P.O. Box 168 Lemoyne. PA 17043 Attorney for Plaintill" t"'f_tL,'J ,'Hl..-h~,i~_J ) , .l 'I .OJ Margaret M. Simok. Esq. Mid-Penn Legal Services. Inc. C)". :rc .! 1.""--, " ..' Ii . ~ 0,'.,-, i .i:,'t ,~~.\':". .'..\ \ ~