HomeMy WebLinkAbout00-02589
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LEON R. BAILEY, III
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
CATHERINE M. BAILEY
Defendant
: NO. 00-2589 CIVIL TERM
: IN CUSTODY
ORDER OF COURT
AND NOW, this I\~ day of
~lL1
2000, upon
consideration of the attached Complaint, it is hereby directed that the parties and their
respective counsel appear before \\Jee5l ~ y.., G\ \ ,<>-{ \ E'SA.. '
at-h.l.\~ f'\C()( S~\(J'\d.Co, COJ(~Y<tumberland
Q:30
on the ~ day of ~ ~. 2000, at 0' clock
the conciliator,
County, Pennsylvania,
q .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 defme 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
subject of this custody action to the conference, but the children's attendance is not
mandatory. Failure to appear at the conference may provide grounds for entry of a
temporary or permanent Order.
BY THE COURT:
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Custo y Conciliator (~ )
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
CARLISLE, PA 17013
(717) 240-3166
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LEON R. BAILEY, 1lI
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
vs.
CIVIL ACTION - LAW
CATHERINE M. BAILEY
Defendant
: NO. 00-2589 CIVIL TERM
: IN CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is Leon R. Bailey, 1lI, an adult individual currently residing at 203-A
Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is Catherine M. Bailey, an adult individual currently residing at 620 Anna
Jarvis Drive, Grafton~ West Virginia.
3. The parties are the natural parents of Brandon Michael Bailey, born March 31, 1995.
The child was not born out of wedlock.
For the past five years, the child has resided with the following persons at the
following addresses:
NAME
ADDRESS
DATE
Leon R. Bailey, 1lI
Sandra Cado
Britney L.N. Bailey
203-A Mulberry Drive
Mechanicsburg, P A
9/99-Present
Leon R. Bailey, 1lI
Britney L.N. Bailey
203-A Mulberry Drive
Mechanicsburg, P A
9/98-9/99
Leon R. Bailey, 1lI
Britney L.N. Bailey
100-A South First St.
Lemoyne, P A
6/98-9/98
Leon R. Bailey, 1lI
Catherine M. Bailey
Britney L.N. Bailey
1028 Brinker Drive
Apt. 302
Hagerstown, MD
6/96-6/98
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Leon R. Bailey, III
Catherine M. Bailey
Britney L.N. Bailey
Frederick, MD
7/95-6/96
Leon R. Bailey, III
Catherine M. Bailey
Britney L.N. Bailey
Germantown, MD
Birth - 7/95
,
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4. The natural mother of the child is Catherine M. Bailey, who resides as aforesaid.
She is married.
The natural father of the child is Leon R. Bailey, III, who resides as aforesaid. He
is married.
5. The relationship of the Plaintiff to the child is that of natural father. Plaintiff currently
resides with his girlfriend, Sandra Cado, his daughter, Britney L.N. Bailey, and the child.
6. The relationship of the Defendant to the child is that of natural mother. The
individuals with whom Defendant resides are unknown.
7. Plaintiff has not participated as a party or witness, or in any other capacity in other
litigation, concerning custody of the child.
8. Plaintiff has no information of a custody proceeding concerning the child pending in
any Court of this Commonwealth or any other jurisdiction except for a claim made
recently by Defendant in her divorce complaint filed in the Circuit Court of Taylor County,
West Virginia, wherein she claimed the child was residing with her, which information is
incorrect and inaccurate.
9. The best interest and permanent welfare of the child will be served by granting
Plaintiff primary physical custody of the child for the following reasons:
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(a) The parties entered into a comprehensive Marital Settlement Agreement, dated
May 19, 1999, which is attached hereto and incorporated herein as Exhibit
"A", which provided in paragraph "VII" for Father to have primary physical
custody.
(b) The child has been in Plaintiff's primary physical care for approximately two
years and Plaintiff was the primary caretaker of the child prior to the parties'
separation.
( c) The child is registered to begin attending school from his home in Cumberland
County, Pennsylvania, effective the fall of the year 2000.
(d) Plaintiff has provided the primary care, custody and control for the child since
his birth and, more particularly, since he has had primary custody by the
parties' agreement since approximately June 1998.
(e) Over the past two years the child has been in Defendant's physical care for
visitation or partial custody purposes for approximately 90 days total in the
two-year period.
10. At present, the child is visiting with Defendant with an agreed upon return date of July
3, 2000.
11. Plaintiff has recently been provided with a copy of a Complaint for Divorce, filed by
the Plaintiff in the Circuit Court of Taylor County, West Virginia, wherein Defendant
claims that the child, Brandon, is currently living with her, when, in fact, the child is
and has been living with the Plaintiff for two years and has only had limited periods of
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partial custody or visitation with Defendant. A copy of the aforesaid Complaint for
Divorce and related documents wherein Defendant requests custody is attached hereto
and incorporated herein by reference as Exhibit "B".
12. Plaintiff has filed an Answer, pro se, to the Complaint in Divorce in the Circuit Court
of Taylor County, West Virginia, wherein he has denied that the Circuit Court of
Taylor County, West Virginia has jurisdiction over the issue of custody of the child.
13. Based upon the limited documents received by Plaintiff from Defendant, Plaintiff is
under the impression that while Defendant has filed a pro se action in divorce claiming
the right to custody, no additional proceedings have been initiated such as any
conferences or hearings relative to custody in the Circuit Court of Taylor County,
West Virginia.
14. Plaintiff does not know of any person not a party to the proceedings who claims to
have custody or visitation rights with respect to the child.
WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for
a hearing at which Plaintiff requests the Court grant him primary physical and legal
custody of the child.
Respectfully submitted,
GRIFFIE & ASSOCIATES
, Esquire
aintiff
200 North over Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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I veriJy that the statements made in the foregoing document are true and COITect. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
DATE: 5-9~ 00
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LEON R. BAILEY, III.
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EXIllBIT "A"
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT made and entered into this the 19th day of May, 1999, between
LEON RUDOLPH BAILEY, III residing at 203-A Mulberry Drive; Mechanicsburg,
Pennsylvania and CATHERINE MARIE BAILEY who resides at 620 Anna Jarvis
Drive; Grafton, West Virginia.
WITNESSETH:
WHEREAS the parties were married to each other in Hagerstown, Maryland on
December 24, 1995 and lived as husband and wife until such time as they separated on
May 4, 1998; and
WHEREAS a permanent breakdown of this marriage has arisen between the parties
and they are now and have been living separate and apart from each other since May
4,1998; and
WHEREAS the following child was born to the parties of this marriage:
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BRANDON MICHAEL BAILEY
Birthdate
March 31, 1995
Age
4 YEARS
WHEREAS parties now intend, by this agreement, to make a fmal and complete
settlement of all of their rights and obligations concerning spousal support, division of
property and debts, the care, custody, control, access to and support of their child; and
WHEREAS the parties hereto warrant and declare under penalty of perjury that the
assets and liabilities divided in this agreernent constitute all their marital assets and
liabilities, and further that in the event that the division of their assets and debts is
unequal, the parties do hereby declare that they knowingly and intelligently waive an
equal division of their marital estate; and
WHEREAS inconsideration of the premises and mutual promises and undertakings
herein contained, and for other good and valuable consideration, the parties agree to-the
following:
I.THE PARTIES AGREE to live separate and apart from each other, free from any
control, restraint or interference, either direct or indirect by the other party, and in all
respects to live as if he or she were sole and unmarried.
Exhibit "A"
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II. DIVISION OF PROPERTY
The parties agree to divide the property of their marital estate as follows:
l.CATHERTh"E MARIE BAILEY transfers to LEON RUDOLPH BAILEY, III as
sole and separate property and CATHERINE MARIE BAlLEY is divested of all right,
title, and interest in and to the following property:
a. Household Furniture- All household furniture, furnishings, fixtures, goods,
appliances, and equipment in the possession of or subject to the sole control of LEON
RUDOLPH BAlLEY, ill.
b. Clothing- All clothing, jewelry, and other personal effects in the possession of or
subject to the sole control of LEON RUDOLPH BAlLEY, ill.
c. Casb- All cash in the possession of or subject to the sole control of LEON
RUDOLPH BAlLEY, ill.
d. Cbecking Accounts- All checking accounts at all banks or other fmancial
institutions which stand in LEON RUDOLPH BAlLEY, ill's sole name or from
which LEON RUDOLPH BAILEY, ill has the sole right to withdraw funds.
e. Credit Union Accounts- All credit union accounts at all credit unions which stand
in the sole name of LEON RUDOLPH BAlLEY, ill or from which LEON
RTJDOLPH BAlLEY, ill has the sole right to withdraw funds:
f. Certificates of Deposit- All certificates of deposit at all banks or other fmancial
institutions which stand in the sole name of LEON RUDOLPH BAlLEY, ill or from
which LEON RUDOLPH BAlLEY, ill has the sole right to withdraw funds.
g. Life Insurance- All policies of life insurance insuring the life of LEON
RUDOLPH BAlLEY, ill.
h. Employment Benefits- All sums and all rights related to any profit sharing plan, -
retirement plan, pension plan, or like benefit program existing by reason of LEON
, RUDOLPH BAlLEY, ill's past, present, or future employment and not otherwise
awarded to CATHERINE MARIE BAlLEY in this decree.
2. LEON RUDOLPH BAILEY, III transfers to CATHERINE MARIE BAILEY as
sole and separate property, and LEON RUDOLPH BAlLEY, ill is divested of all
right, title, and interest in and to the following property:
a. Household Furniture- All household furniture, furnishings, fixtures, goods,
appliances, and equipment in the possession of or subject to the control of
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CATHERINE MARIE BAILEY everything not otherwise awarded to the spouse to
include all tools.
b. Clothing- All clothing, jewelry, and other personal effects in the possession of or
subject to the control of CATHERINE MARIE BAILEY.
c. Cash- All cash in the possession of or subject to the sole control of CATHERINE
MARIE BAILEY.
d. Checking Accounts- All checking accounts at all banks or other financial
institutions which stand in the sole name of CATHERINE MARIE BAILEY or from
which CATHERINE MARIE BAILEY has the sole right to withdraw funds.
e. Credit Union Accounts- All credit union accounts at all credit unions which stand
in the sole name of CATHERINE MARIE BAILEY or from which CATHERINE
MARIE BAILEY has the sole right to withdraw funds.
f. Certificates of Deposit- All certificates of deposit at all banks or other financial
institutions which stand in the sole name of CATHERINE MARIE BAILEY or from
which CATHERINE MARIE BAILEY has the sole right to withdraw funds.
g. Life Insurance. All policies of life insurance insuring the life of CATHERINE
MARIE BAILEY.
h. Employment Benefits- All sums and all rights related to any profit sharing plan,
retirement plan, pension plan, or like benefit program existing by reason of
CATHERINE MARIE BAILEY's past, present, or future employment and not
otherwise awarded to LEON RUDOLPH BAILEY, III in this decree.
m. DEBTS
1. LEON RUDOLPH BAILEY, m shall pay, as a part of the division of the estate of
the parties, the following and shall indemnify and hold CATHERINE MARIE
BAILEY and CATHERINE MARIE BAILEY's property harmless from any failure to
so discharge these items: Any and all debts, charges, liabilities, and other obligations
incurred solely by LEON RUDOLPH BAILEY, III from and after May 4,1998 unless
express provision is made in this decree to the contrary. All debts associated with any
property awarded to LEON RUDOLPH BAILEY, III.
2. CATHERINE MARIE BAILEY shall pay, as a part of the division of the estate of
the parties, the following and shall indemnify and hold LEON RUDOLPH BAILEY,
III and LEON RUDOLPH BAILEY, Ill's property hatmIess from any failure to so
discharge these items: Any and all debts, charges, liabilities, and other obligations
incurred solely by CATHERINE MARIE BAILEY from and after May 4, 1998 unless
express provision is made in this decree to the contrary. All debt associated with any
property awarded to CATHERINE MARIE BAILEY.
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IV. NOTICE
Each party shall send to the other party, within three days of its receipt, a copy of any
correspondence from creditor or taxing authority concerning any potential liability of
the other party.
V. ALIMONY - MAINTENANCE
Both parties agree to waive any rights or claims that either may now have or in the
future to receive alimony, maintenance, or spousal support from each other. Both parties
understand the full import of this provision.
VI. NECESSARY DOCUMENTS
The parties agree to execute and deliver to the other party any documents that may be
reasonably required to accomplish the intention of this instrument and shall do all other
necessary things to this end,
vn. PARENTING PLAN (JOINT LEGAL CUSTODY WITH PRIMARY
PHYSICAL CUSTODY)
Our parenting relationship shall be guided by the following terms and conditions:
1. Father and Mother shall share joint legal custody and care of their child.
Father shall have primary physical custody of their child.
2. Both parents shall have all the rights and duties of a parent at all times,
including:
a. The right to receive information fro m the other parent concerning the health,
education and welfare of the child.
b. The right to confer with the other parent to the extent possible before making
decisions concerning the health, education and welfare of the child.
c. The right of access to medical, dental, psychological and educational records of
the child.
d. The right to consult with a physician, dentist or psychologist of the child.
e. The right to consult with school officials concerning the child's welfare and
educational status, including school activities.
f. The right to attend school activities.
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g. The right to be designated on any records as a person to be notified in case of an
emergency.
h. The right to manage the estate of the child to the extent the estate has been created
by the parent or the parent's family.
3. Both Parents shall confer with each other on all important matters concerning
the health, education and welfare of the child. If matters arise that they are unable to
agree upon, the issue shall be submitted to a professional for dispute resolution or
arbitration.
4. Both parents will encourage a positive relationship between the child and the
other parent.
5. Both Parents shall share jointly the following rights, duties, privileges, and
powers at all times, including;
a. The right to direct the moral and religious training of the child during periods of
possessIOn.
b. The duty of care, control, protection and reasonable discipline of the child,
including providing the child with clothing, food, shelter, and medical and dental care
not involving an invasive procedure.
c.The power to consent to medical, dental and surgical treatment during an
emergency involving an immediate danger to the health and safety of the child.
6. Father shall be the primary custodial parent and shall have the sole right to
establish the primary residence of the child, and further shall have the following
exclusive rights and duties:
a. The power to consent to marriage, to medical, dental, and surgical treatment
involving invasive procedures, and to psychiatric and psychological treatrnent.
b. The power to represent the child in legal action and make other decisions of
substantial legal significance concerning the child, except when a guardian of the
child's estate or a guardian or attorney ad litem has been appointed for the child, a
power as an agent of the child to act in relations to the child's estate if the child's
action is required by a state, the United States, or a foreign government.
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7. Neither parent shall conceal a child's whereabouts from the other parent at any
time.
8. The non-custodial parent must have written permission to remove the child
from the custodial parent's state of residence.
9. The following grandparents, shall succeed the non-custodial parent in their rights
of visitation and temporary possession of the child in the event the non-custodial
parent dies before each child is eighteen years of age: Kenneth and Mary Lipscomb.
vm. SCHEDULE FOR POSSESSION OF MINOR CHILD
1. MUTUAL AGREEMENT
Any parent may have possession of the child at any and all times mutually agreed
to in advance, and in the absence of mutual agreement, shall have possession of the
child under the specified terms set out below.
2. GENERAL TERMS AND CONDmONS
a. The Father is ordered to surrender the child to the Mother at the beginning of
each period of the Mother's possession at the residence of the Father.
b. If the Mother elects to begin a period of possession at the time the child's school is
regularly dismissed, the Father is ORDERED to surrender the child to the Mother
at the beginning of each such period of possession at the school in which the child is
enrolled.
c. The Mother is hereby ORDERED to surrender the child to the Father at the end
of each period of possession at the residence of the Father.
d. Each parent is ORDERED to return with the child the personal effects that the
child brought at the beginning of the period of possession.
e. Each parent may designate any competent adult to pick up and return the child, as
applicable, and a parent or designated competent adult is ordered to be present when
the child is picked up or returned.
f. If a parent will be unable to exercise the parent's right to possession for any
specified period they must notify the other parent at least seven (7) days in advance.
Repeated failure of a parent to give notice of an inability to exercise possessory rights
may be considered as a factor in a modification of those possessory rights.
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g. Written notice shall be deemed to have been timely made if received or postmarked
before or at the time that notice is due.
h. If a parent's time of possession of the child ends at the time school resumes and
for any reason the child will not be returned to school, the parent in possession
of the child shall immediately notify the school and the other parent that the
child will not or has not been returned to school.
L Each parent is ORDERED to give written notice of change of address to the other
parent, stating the intended date of change and the address of new residence, and it
shall be given at least sixty (60) days before the intended change or on the first day
the parent knows or should know of the change, whichever occurs first.
j. School means the primary or secondary school in which the child is enrolled, or if
the child is not enrolled in primary or secondary school, the public school district in
which the child resides.
3. REGULAR MONTHLY SCHEDULE
The Mother shall have the right to possession ofthe child as follows: One weekend
per month of the Mother's choice beginning at 6 PM on the day school recesses for
the weekend and ending at 6 PM on the day before school resumes after that weekend,
provided that the Mother gives the Father seven (7) days written or telephone notice
preceding a designated weekend, and further provided that the weekend possession
does not interfere with the vacation and holiday possession of Father in Section 5
below.
4.WEEKENDS EXTENDED BY HOLIDAY
If a weekend period of possession of the Mother coincides with a school holiday
during the regular school term, or with a federal state or local holiday during the
summer months when school is not in session the weekend possession shall end at
6 PM on a Monday holiday or school holiday, as applicable.
5.VACATIONS AND HOLIDAYS
The following periods of possession supersedes any conflicting weekend period of
possession provided by subsections 3 and 4 above. The parents shall have rights of
possession of the child as follows:
a. CHRISTMAS
(1) The Mother shall have possession of the child in odd numbered years beginning
at 6 PM on the day that the child is dismissed from school for Christmas vacation
and ending at 12 PM on December 26. The Father shall have possession of the
same period in even numbered years.
(2) The Mother shall have possession of the child in even numbered years beginning
at 12 PM on December 26th and ending at 6 PM on the day before school resumes.
The Father shall have possession of the same period in odd numbered years.
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b.THANKSGIVING
The Mother shall have possession of the child in even numbered years beginning at
6 PM on the day the child is dismissed from school for Thanksgiving vacation and
ending at 6 PM on the following Sunday. The Father shall have possession of the
child for the same period in odd numbered years.
c.SPRING VACATION
The Mother shall have possession of the child beginning at 6 PM on the day the child
is dismissed from school for spring vacation and ending at 6 PM on the day before
school resumes from spring vacation.
d. SUMMER VACATION
If the Mother gives the Father written notice by May I of each year specifying an
extended period or periods of summer possession, the Mother shall have possession
of the child for fourty-two (42) days beginning no earlier than the day after the child's
school is dismissed from the summer vacation and ending no later than seven days
prior to school resuming at the end of the summer vacation, to be exercised in no
more than two separate periods of at least seven (7) consecutive days each. If the
Mother does not give the Father such notice, the Mother shall have possession of the
child for fourty-two (42) consecutive days beginning at 6 PM on June 15 and ending
at 6 PM on July 27.
e. SUMMER VACATION EXEMPTION
If the Father gives the Mother written notice by June I of each year the Father shall
have possession of the child on anyone weekend beginning Friday at 6 PM and
ending the following Sunday at 6 PM during anyone period of possession of the
Mother under section 4 provided that the Father picks up the child from the Mother
and returns the child to that same place and further provided that if the Mother shall
have possession of the child for more than thirty (30) days the Father shall have
possession on any two non-consecutive weekends.
f. CHILD'S BIRTHDAY
The Mother shall have possession of the child on the weekend immediately preceding
the child's birthday beginning at 6 PM on Friday and ending at 6 PM on Sunday
provided that the Mother picks up the child from the residence of the Father and
returns the child to that same place.
g. FATHER'S DAY
The Father shall have possession of the child on Father's Day.
h. MOTHER'S DAY
The Mother shall have possession of the child beginning at 6 PM on the Friday
preceding Mother's Day and ending at 6 PM on Mother's Day provided that she picks
up the child from the residence of the Father and returns the child to that same place.
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6. CHILD SUPPORT
The basis of the agreed support for the benefit of our children established by this
agreement is based on the following facts; The parties make this agreement freely
without coercion, threat or duress. The parties declare that this agreement is in the best
interest of their child and that the needs of the child will be adequately met by the
agreed amount. The parties are fully informed of their rights concerning child support
and of the guidelines for establishing child support put forth by the state and presumed
to be in the best interest of the child. The right to support has not been assigned to the
office of the Attorney general in consideration for the receipt of payments from the
state for the support of the child and no public assistance application is pending. As for
child support, the parties are capable of supporting their minor child and neither
parent shall pay child support to the other parent.
7. MEDICAL AND DENTAL INSURANCE
The Father shall carry and maintain medical and dental insurance for the benefit of said
child. The reasonable medical and dental costs not covered by any policy of the
medical or dental insurance shall be paid by the Father. Exception: Mother shall pay
any medical or dental deductible during her periods of possession of the child.
8. CHILD CARE
The Father shall pay for child care expenses during his possession period of the child
and the Mother shall pay for child care expenses during her possession period of the
child.
9. LIFE INSURANCE
To ensure the availability of funds to support the parties' minor child in the event of the
Father's death, the Father agrees to carry and maintain a policy of life insurance in
the amount of at least $100,000 dollars and shall name Scott Anthony Bailey (Paternal
Uncle) beneficiary, with said insurance proceeds to be used to ensure the support of the
child.
10. DEPENDENT CffiLD EXEMPTION
The Father shall have the right to claim the dependency exemption on Federal Tax
Returns for the child.
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IX. AGREEMENT DESIGNED TO FACILITATE A DIVORCE OR
DISSOLUTION OF THE PARTIES' MARRIAGE
This Agreement is entered into with the express intent to facilitate encourage, aid,
and in any other manner lead to a divorce and or dissolution of the marriage
between the parties hereto.
X. SUBSEQUENT DISSOLUTION OF MARRIAGE
Defendant herein, acknowledges receipt of a copy of the documents to be filed herein
with this agreement of the parties attached as Exhibit" A", and states that she has
read and understands the same. It is agreed that this Agreement shall be offered into
evidence by either party in any dissolution of marriage proceeding, and if acceptable to
the Court, this Agreement shall be incorporated by reference in any Final Judgment that
may be rendered, and the parties shall be ordered to comply with all its provisions, and
all warranties and remedies provided in this agreement shall be preserved. However,
notwithstanding incorporation in the Final Judgment, this Agreement shall not be
merged in but shall survive the Final Judgement and be binding on the parties for all
times.
XI. REPRESENTATION
The parties represent to each other:
1. Each had the right to independent counsel. Each party fully understands their legal
rights and each is singing this Agreement freely and voluntarily, intending to be bound
by it.
2. Each has made a full disclosure to the other of his or her current financial condition.
3. Each understands and agrees that this Agreement is intended to be the full and entire
contract of the parties.
4. Each agrees that this Agreement and each provision of it is expressly made binding
upon the heirs, assigns, executors, administrators, successors in interest and
representatives of each party.
XII. WAIVER OF BREACH
No waiver of any breach by any party of the terms of this Agreement shall be deemed a
waiver of any subsequent breach.
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XIII. E!\'FORCEMENT OF THE AGREEMENT
Both parties agree that the Court granting the divorce, at the request of either party,
insert in the Final Judgment a reservation of jurisdiction for the purpose of compelling
either party to perform this Agreement, or any part thereof. The prevailing party shall be
entitled to attorney's fees in connection with such proceeding.
XIV; GOVERNING LAW
This Agreement shall be interpreted and governed by the laws of the Commonwealth of
Pennsylvania.
XV. WAIVER OF SERVICE OF PROCESS AND FILING AN ANSWER
Defendant herein, acknowledges receipt of a copy of the documents to be filed herein,
and states that he/she has read and understands the same, hereby waives the issuance,
service, and return of process upon hirn/her in this action enters a voluntary appearance
in this cause, waiving all time and right to plead, answer or appear in this action, and
consents that the same may be set down for trial and heard by the court at any time
hereafter without notice to, and in the absence of, this Defendant.
XVI. WAIVER OF EMPLOYEE AND/OR MILITARY RETAINER OR
RETIREMENT BENEFITS
Both parties agree to waive any rights, interests, or claims, that either may now have or
in the future to receive employee and/or military retainer or retirement benefits resulting
from the past, present or future employment and/or service of the other party in the
Armed Forces of the United States. Both parties understand the full import of this
provision.
~l<,
LEON RUDOLPH BAILEY,
Husband
c- ;(, -x1.. . /\ , : .....p'J ...{)!U.......
CATHERINE MARIE BAll...EY \l
Wife
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COMMONWEALTH OF PENNSYL V ANW COUNTY OF CUMBERLAND ss.
Before me, the undersigned, a Notary Public within and for the State of Pennsylvania
on this 19th day of May, 1999, personally appeared the above named LEON
RUDOLPH BAILEY, ill to me known to be the identical person who executed the
above and foregoing entry of appearance and waiver and personally acknowledged to
me that he read, understood and signed the same; and that he executed the same
as his free and voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto affIxed m signature and official seal
the day and date heretofore stat d. Notarial Seal !
~ Julie D. Shannon. Notary Public :
. Silver Spring Twp., Cumberiand County
My Commission Expires June 14. 2001 ;
Memher. Penns:"' '"!nla AssociatIOn 01 Nc!ar'l'-~
Notary Public
srG D ON TIllS THE 19th day of May, 1999.
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COMMONWEALTH OF PENNSYL V ANW COUNTY OF CUMBERLAND ss.
Before me, the undersigned, a Notary Public within and for the State of Pennsylvania
on this 19th day of May, 1999, personally appeared the above named CATHERINE
MARIE BAILEY to me known to be the identical person who executed the above and
foregoing entry of appearance and waiver and personally acknowledged to me that she
read, understood and signed the same; and that she executed the same as her free and
voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto affIxed my signature and official seal
the day and date heretofore stated.
Notarial Seal
Julie D. Shennon. Notary PUblic
Silver Spring Twp.. Cumberland Ceunt.
My Commission Expires June 14. 2(~f)!
Notary Public
NED ON THIS THE 19th day of May, 1999.
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StlllMONS
CIRCUIT COURT OF TAYLOR COUNTY, WEST VIRGINIA
CATHERINE BAILEY
Plaintiff
v.
LEON R. BAILEY, III
Civil Action No. 00-D-42
Defendant
To: LEON R. BAILEY, III
203-A MOLBERRY DRIVE
MECHANICSBURG, PA 1.7055
IN THE NAME OF THE STATE OF WEST VIRGINIA, you are hereby Summoned and
required to serve upon ELANE M BENNETT, Circuit Clerk, whose address
is 21.4 W MAIN ST ROOM 1.04, GRAFTON, WV, 26354, an answer including any
related counterclaim you may have to the complaint filed against you
in the above styled civil action, a true copy of which is herewith
delivered to you. You are required to serve your answer within 30
days after service of this summons upon you, exclusive of the day of
service. If you fail to do so, judgment by default will be taken
against you for the relief demanded in the complaint and you will be
thereafter barred from asserting in another action any claim you may
have which musl be .asserted by counterclaim in the above styled civil
action.
Dated April 25, 2000
ELANE M BENNETT
c
.Circuit Clerk
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Exhibit "B"
04/28/00 11:33 FAX 717 60~ lb14
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IN THE CIRCUIT COURT OF
la:Jlor
COtlNrY, WEST VIRGINIA .
r n~g'dlo
PLAINTIFF
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CIVIL ACI'1.0N NO. ~ -h -~.2.
. .~-,(' ?. ?not." \\\
DEFENDANT ~
. COMPLAINT FOil DIVOllCE
Comes DDW the pl.inliff who states that the foRowing fads and allcpticms ate believed to be
true:
1. Pursuant to West Virginia Code ~48-2-7. tfUs Court bas jurisdiction to hear tbis case.
(CBECXAlL THAT APPLY)
l..-rThe PlaiJltif'f bas been a bona tide ~ of West. Virginia for
~ than one (1) year prior'to the inlititlltiull of tfUs "emu.
[ 1 The Def....vt,." has been a bona ~ .~id"tt of West VugiDia for
more than one (1) year prior to tbe ~on of tfUs action.
[ I The parties were mmied in West)TJrginia.
CIRCUIT COURT"
TAYLOR COUNTY
FiLED
APR ? 4 znnu
SANE M.BENNEiT
G!RCUIT ClZt'l(
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wbich is the county wheJ:e:
(CBECIC AlL THAT APPLY)
[ ] The parties last lived togetber as husbaDd. ami wife.
r ] The Def"'nfflI1W teSida.
County. West VIrginia,
[-..r-The plaintiff' resides ami the Def....ti:onr does not reside in this sure.
3. The pl,,;nt;ff \.lUrc.atl.y resides in \Cu.. \r,<L
VJrginia. . ~
County, West
4. The Def....vt..... x=idcs: (CHBCX f!NB)
r 1 In Coumy, WestV~
[ 1 Ai an addIess UIlknown totbe pl..inrifl',
[ J Out of state whete the last Jmown addrclss is ,(J03 - A m u \ '0. PP q\ \::2.
('''.(..d-"nl''\'\\:...~'al'ro... ?A. iJOS5'
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04/28/00 11:33 FAX 71+ 605 4044
DIllCIllECHNETWbRK~!3d" .
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S. The pt,,;nrifl' ami Defenmnf weal duly ami legally married in ~.~ 17S\-')u,("'\
Coumy, I>.r..s.h;h~{,\) MO. (Slate), oa ~ ~ day of "\)>,.-ILrr\.b p .
19.9.5:.
6. The pl,,;nnff'aDd Defendant last lived together as husband aDd wifcin ~r~ V'~"U:;("\
" . 1?t'
County. h'''''s\-,;~^ I \"1'\.\'\. (State). onorabout..JDo,~. \ . .19.91....
when tbey separated a1ld such sepu:ation bas been C01Ilinuous ami ....;..lb..lI{Ircd siD:e that
date.
7. The parties are the p'aIlmtS of:
(CHECK AU mAT APPLl')
( ] No children were bom to the parties aDd oone are expcctl:d. .
7
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cllild(Rn), whose !18Dlll(S) and date(s) of birth are:
DATE 9F BJR1'R
NAME
~n....a....,^ 7-r..~ I ,. ~
3-3\-'15'
.'
[ ] A cbi1d is cuacndy ~, with an antic:ipated date of delivery on
[ ] Adult childreI1 wbo 110 loDger requin: support..
8. Thc child(rcn) listed above a...~ 1ive with:
[v( MotIIer
[ ] Faibl:r
( ] Otbcr.. Gi~ Da:IDe and addms :
04/28/00 11:33 YAX 71~ 605 4044
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9. The Pl"mnft' does not know of any P'""";llg CUSUldy proc-tll1g or any person
not a party to tllis action who bas physical <:1's\X)d.y or visitation rights with
any minor cbild(ten) ftlImM above.
10. Neitbcr of the patties is a member of the mmtio". services of the United States. a minor.
incan::erated pe:,SOD. or iIlcQf[lp;.teDt as detImDined by a court of law.
The plaintiff states as grounds for gr2Mng the divorce:
11. li:IecoDci1able differences have arlsen ~~..Q. the PbintifF md the 1)ofiooM.....t
12. If the Deft-I"nt does lIDt legally admit that ~,..hlA ~rd:\;;> exist, thePI..mtiff
states the additional ground(s} for the divorce:
(CllllCK ALL mAT APPU)
f...-f'" TbI: parties in 1i1is action have lived separate and apart in separate places of abode
witb.out any cobabitatiou. and without ~k'dol1 for one year prior to the institution
of Ibis action. and such ""'l"'nMD was the orol11~ = of 0IlC of the paIties or was
by mutII8I. COUlleIIl: of thc patties. -
( ] TbI: DefemIam has been guilty of cmel ami ;"In"""n ~~I..l~.d toward the Pl"intiff
which put the PJaimiff in reasouable ~~nocioJi or fear of bcdily barm., or conduct
wbich teIIds to desIroy the ru...m.1 or pb.ysii:al w~-being. bappim:ss. and welfare of
the pt..;nnff'; md to reDder ~"""""~ c:ablIbitatioA UJIlla!e or .......p1"8ble.
WHEREFORE. the PI"intiI'f' zequesu that tbe Comt grant the parties an ab.so1utlt divorce
aud such other telief as the Court may see fit to grant. iDc:luding those matreIs specifically
stated below:
[J A. That the Court grant custDdy of the minor clilldIclJi1dreD of the maniage to
W,...fioo 1n"\Q'~'
[] B. TbattheCourtgrautvisitationasfollowsto Len.,.,..~. Q-.:lt , r
; set foEth any reasons to !\;Strict or set conditicIIs OIl .
vioril>lmo. II 0 n ~ .
[1 C. That the Court otderl9<V'\ 1, 7).. : 1 .. t?Vto pay a reasouable sum, for !be
support of the chi1dJchi1dren of till: parties;
3
U4/Z~/UU 11:a4 FAX 717 605 4U!4
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r-.1 D. That tbe Court order tbe plaintifflDcfcDd to m9;rnlfl ~ical iDsurance on the
childIchildren. if reasrnlably available, ,ami to assist with reasonable medical, demal
and optical ~ not covexed by insurance or other mr.dicaJ. C3Id;
[] E. That be awarded alimony;
[] F. That the Coun mair:e an equitable distribution of !be P40PCI1;1 of tbeparties;
[] G. That the PJ"intiffbe grantl:d exclusive use, possession and QWne(lOhip of the following
marital pCIJpen:y:
PROPERTY VALUE
(] H. That the Dec....dlmt be grauted exclusive use, possession and ownership of the
following marital pI.~:
PROPERTY
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VALUE
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DMC Q6n'i\lff.~ ,,~~m.' .
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[1 L. That the P1~inriff' be held respoosible for the following debm:
DEBTS
AMOUNT
[] M. That the Defendant be held responsible for the following debts:
DEBTS
AMOUNT
name of
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[] N. That
be granred the rigbt to te$UIIle the prior
[] O. That the Def....dlllt be enjoined aDd restrained from annoying, .tbrealPfting ami.
imerfering with the perscmal!iberty and safety of the Plaintiff;
[] P. That the plaintiff be granted the fOl1owiDg ~ddttin1lll1 telief:.
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(AddMss)
(Phone)
b4/~ll/db H:3ll flU m llO~ 40fl
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STATE OF WEST VIRGINIA
COtJNTY OF
7aj 10('
, TO-WIT:
VERIFICATION
I' \\ n' n \ . ...- ptlrinriff m' ..... -....;""
.\....:o...~.Q..,,\-(\<> ~,.\ ...~ W<i --- ..... .....w6w-o
Complaint for Divon:e, after being duly sworn. says that the facts and allegaticns ~int'!d in
the Complaint ate tme. ~ insofar as they ate therein stw:d to be upon iDfos:mati.on and
belief. ~ that insofar as they ate theIein stated. they axe belicyed to be tme.
C:IC. i::hJo. ' : . ~(;&.: tS
Plaintiff
Taken. sworn to ami subscribed before me this ..<.I/"1y of anA" I
.J!t .1 00 () . . .
My commi~n expires 9'4
7 ,2{J() 7
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~ OFFlCIAl;SEAl.
. ~ S'T: NOTAFlY F'UBUQ
." >\TE: OF wear VIRGIN
. CRYSTAL Fl. BFlAKE IA
S:... _. ';#'.'oi' Fbu.l. Baa- 295
My~~",~ 26347
July 7. 2lO7
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Notary .
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FORM 1.
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. IN THE CIRCUIT COURT OF
002/002
h,
. co
CotJNTY, WEs1 VIRGINIA ..
PLAINI'IFF
v.
Civil Action No.
,DEFENDANT
ANSWER
Now comes the ])P.fP.nrfomt for answer to the Complaint ami says as foUows:
1. '!'he Defendant "rfmm. all of the allegaticms exceptparagmph
2. That ineconcilable diff.....~ exist between the parties.
r] Waives notice of the hearing.
[] Waives the ten day period for filing exccptiollS.
WHEREfORE. the Dew.d"n. asks that the Court grant tbe parties an absolute divorce.
rJ The
be graIItl:d'use oftbe prior name
Defendam
STATE OF WEST VIRGIN!.-'\.
COUNTY OF
VElUFICA~
, TO-WIT
. the Def"'lrf"nt in this divorce case. being duly sworn.
says tbat the AxIswers are ttuc, aIId whete tbey are'based on iDfO"""tjt'l'1, the ~"nt believes them
to be IrUe_ '
DefPntlll1lf'
T.ala:n, sworn to ami subscribed before me this
My CC'......;.siou expires
day of
, 19
,19
. Notary Public
~CATE 9F SERVIs;E
I have mailed a ttuc copy of the foregoing Amwer to the P1aimiff by first class mail to hisIber
lastkDownaddresstt:
on the day of
. ,19 .
-
Def-rl"nr
FODM 1
Adc1ress
Pbom:
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LEON R. BAILEY, III,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA .
: CIVIL ACTION - LAW
v.
CATHERINE M. BAILEY,
Defendant
: NO. ()~-d58'1 CIVIL TERM
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are wamed that if you fail to do so, the
case will proceed without you and a decree of divorce or annulment may be entered against
you for any claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland
County, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOUDO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Two Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
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LEON R. BAILEY, III,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
; NO. tJ-6. .;( 51'9 CNIL TERM
: IN DIVORCE
CATHERINE M. BAILEY,
Defendant
COMPLAINT IN DIVORCE
NO FAULT
I. Plaintiff is Leon R. Bailey, III, an adult individual currently residing at 203-A
Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania, since September 1998.
2. Defendant is Catherine M. Bailey, an adult individual currently residing at 620
Anna Jarvis Drive, Grafton, West Virginia.
3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has
been so for at least six months immediately previous to the filing ofthis Complaint.
4. Plaintiff and Defendant were married on December 24, 1995, in Washington
County, Maryland.
5. There have been no other prior actions for divorce or annulment between the
parties.
6. Neither the Plaintiff nor the Defendant are members of the United States
Armed Forces or its Allies.
7. Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling. Knowing this, Plaintiff
does not desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens ofthe United States of America.
9. The parties' marriage is irretrievably broken.
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I O. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety
(90) days from the date of the filing ofthis Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to
23 P.S. Section 3301 (c) of the Domestic Relations Code.
COUNT II
II. Paragraphs I through 10 are incorporated herein by reference as if set forth in
their full text.
12. The parties have been living separate and apart since at least May 1998.
WHEREFORE, Plaintiff request your Honorable Court to enter a divorce pursuant to
23 P.S. Section 330l(d) of the Domestic Relations Code.
Respectfully submitted,
[[fie, Esquire
for Plaintiff
FFIE & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
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VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
DATE: 4 -.).0 - 00
~~~~
LEON R. BAILEY, III, al Iff
ai~~~~~n!;j~_@fl:t~~lfoJId'i1trt",,;;'~":i,,(.,,,!~mW&lliehWjdm;;,l!,Wl'''$~\l!);_..illitllllllilllll.l1.i
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LEON R. BAILEY, III,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
CATHERINE M. BAILEY,
Defendant
: NO. CO-d:ifff CIVIL TERM
: IN DIVORCE
NOTICE
If you wish to deny any of the statements set forth in the attached affidavit, you must
file a counter-affidavit within twenty days after this Affidavit has been served on you or the
statements will be admitted.
AFFIDAVIT UNDER ~3301(d) OF THE DIVORCE CODE
I. The parties to this action separated in May 1998 and have continued to live
separate and apart since that time.
2. The marriage is irretrievable broken.
3. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI do not claim them before a divorce is granted.
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsifications to authorities.
DATE: 4-;m-Co
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LEON R. BAILEY, III,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
CIVIL ACTION - LAW
CATHERINE M. BAILEY,
Defendant
: NO. 00-2589 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this 8th day of May, 2000, comes Bradley L. Griffie, Esquire,
Attorney for Plaintiff, and states that he mailed a certified and true copy of a Complaint
for Divorce, an Affidavit Under Section 330l(d) of the Divorce Code, and a Counter-
Affidavit Under Section 330l(d) of the Divorce Code, to the Defendant, Catherine M.
Bailey, to her address of 620 Anna Jarvis Drive, Grafton, West Virginia, by certified mail,
restricted delivery, return receipt requested. A copy of said receipt is attached hereto
indicating service was made on May 1, 2000.
e, Esquire
IE ASSOCIATES
200 Nort Hanover Street
Carlisle, PA 17013
(717) 243-5551
Sworn and subscribed
to before me this ~
day of ~ ' 2000.
fip~tt)J ojJ#maRr
NOTAR PUBLIC
0.. " Notarial Seal
. ,,~l1"..~ J. Lehman, ~ Public
...,......~BCIO, CunlberIanCI County
MlI"GQllllIf~lon Exphee Aug. 25. 2003
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FRIDAY -JULY 7, 2000 - A.M.
BETH LONGO - LAW MASTER PHONED:
SAID THERE WAS NO NEED FOR JUDGE GUIDO TO CALL HER UNLESS
YOU HAVE ANY FURTHER QUESTIONS.
.IN
THE DIVORCE ISSUE WAS TAKEN CARE ORMr' WEST VIRGINIA.
THE CUSTODY IS TO BE TAKEN CARE OF IN PA.
PENNSYLVANIA HAS JURISDICTION.
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07/07/00
.
FRI 13:49 FAX 2406462
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TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
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RESULT
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CUMB/COUNTY COURTS
*********************
*** TX REPORT ***
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07/07 13:48
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TO:
BETH LONGO LAW MASTER
FROM:
JUDGE ED GUIDO
CUMBERLAND COUNTY,
CARLISLE, P A.
717-240-6290
F~ 717-2~6462
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AND NOW, this
ORDER OF COURT
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LEON R. BAILEY, III,
Plaintiff
: IN THE., COURT OF CQ,' MM.; ON PLEAS O~..: ,.: ........0.. '.'.". ....PV
: CUMBERLAND COUNTY, PENNSYLV.:,I r
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vs.
CIVIL ACTION - LAW
: NO. 00"2589 CIVIL TERM
: IN CUSTODY
CATHERINE M. BAILEY,
Defendant,
and consideration ofthe within Petition, IT IS HEREBY ORDEIlliD AND DIRECTED
that Defendant, Catherine M. Bailey, shall appear, together with the child, for the
conciliation conference scheduled in this mat~;er for Pi-ugust 8; 2000 at 9:30 a.m. so that
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the Court of Common Pleas of Cumberland qbunty c~n detef1l1ine the issue of custody of
the parties' child, Brandon Ba.iley, bO!,!. Mar~.~ 31, 199.,5. '..' /.--L"... . .1'..nJ::., l.14-.....
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LEON R. BAILEY, III,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CATHERINE M. BAILEY,
Defendant,
CIVIL ACTION - LAW
NO. 00-2589 CIVIL TERM
: IN CUSTODY
ORDER OF COURT
AND NOW, this 7-tI.. day of ~ ' 2000, upon presentation
and consideration of the within Petition, IT IS HEREBY ORDERED AND DIRECTED
that Defendant, Catherine M. Bailey, shall appear, together with the child, for the
conciliation conference scheduled in this matter for August 8, 2000 at' 9:30 a.m. so that
the Court of Common Pleas of Cumberland County can determine the issue of custody of
the parties' child, Bran.don Bailey, born March 31, 1995. b-.L"t' _...1::. ,/_ 4-
vIL. ~ ~ ~dt ~'37<., .--/) lAP'-<(
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LEON R. BAILEY, III,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CATHERINE M. BAILEY,
Defendant,
CIVIL ACTION - LAW
: NO. 00-2589 CIVIL TERM
: IN CUSTODY
PETITION PURSUANT TO THE UNIFORM
CHILD CUSTODY JURISDICTION ACT
AND NOW, comes Petitioner, Leon R. Bailey, III, by and through his counsel of
record, Bradley L. Griffie, Esquire, and petitions the Court as follows:
I. Your Petitioner is the above named Plaintiff, Leon R. Bailey, III, an adult individual
currently residing at 203A Mulberry Drive, Mechanicsburg, Cumberland County,
Pennsylvania.
2, Your Respondent is the above named Defendant, Catherine M, Bailey, an adult
individual currently residing at 620 Anna Jarvis Drive, Grafton, West Virginia,
3, The parties are the natural parents of one child, namely, Brandon Michael Bailey, born
March 31, 1995.
4. Petitioner filed a Complaint for Custody in the above captioned action on May 9,
2000, which has caused a Conciliation Conference to be scheduled before Custody
Conciliator Hubert X. Gilroy, Esquire, on August 8, 2000 at 9:30 a.m., a copy of said
Complaint and Order being attached hereto and incorporated herein by reference as
Exhibit" N'.
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5. Your Respondent hereto has initiated a divorce action on or about April 24, 2000 in
the Circuit Court of Taylor County, West Virginia, docketed to Civil Action No. 00-
D-42; a copy of the aforesaid Complaint is attached hereto and incorporated herein by
reference as Exhibit "B",
6. As noted in the aforementioned Complaint for Divorce (Exhibit "B"), Respondent has
failed to actually request that she be granted custody of the minor child, by failing to
complete the form Complaint relative to the custody provisions.
7. By Order of Court dated May 14, 2000, the Conciliation Conference was scheduled
for August 8, 2000 at 9:30 a.m. by the Court of Common Pleas of Cumberland
County.
8. Despite the fact that Respondent's request for custody was not accurately or
completely set forth in her Complaint, by Order of Court filed May 15, 2000, the
Farnily Law Master in the Circuit Court of Taylor County, West Virginia, scheduled a
"hearing" on the 5th day of July, 2000 at 1:00 p.m. at the Taylor County Magistrates
Courtroom, Taylor County Courthouse, Grafton, West Virginia.
9. As noted in the Complaint for Divorce, which is attached as Exhibit "B", which was
filed in the Circuit Court of Taylor County, West Virginia, Respondent failed to
appropriate identifY the child's residences in this matter for the past five years and,
therefore, did not provide sufficient information for the Circuit Court of Taylor
County, West Virginia, to be made aware that the child has never resided in West
Virginia.
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10. As alleged in Petitioner's Complaint filed to the above docketed number, the child has
resided in Cumberland County, Pennsylvania, since June 1998 and prior to that
resided in three different locations in Maryland since his birth,
II. The Commonwealth of Pennsylvania is the Home State of the child pursuant to the
Uniform Child Custody Jurisdiction Act (hereinafter "UCCJA").
12. Due to the fact that the child will be attending school in the Fall of 2000, Petitioner
agreed to allow Respondent to have an extended period of visitation with the child
dating from approximately April 19, 2000 until approximately July 3,2000.
13. Upon securing custody of the child for her period of visitation, Respondent then filed
the within referenced and attached Complaint for Divorce and has initiated
proceedings for custody of the child in the Circuit Court of Taylor County, West
Virginia.
14. Petitioner, operating pro se, has filed a Petition with the Circuit Court of Taylor
County, West Virginia, requesting that the custody action be severed from the divorce
action in that County and, further, that the custody proceedings in that County be
stayed pending application of the terms of the UCCJA, a copy of said Petition being
attached hereto and incorporated herein as Exhibit "Coo.
15. Petitioner has requested that the Circuit Court of Taylor County, West Virginia,
communicate with the Court of Common Pleas of Cumberland County, Pennsylvania,
to determine the home State of the child and, further, to determine whether
Petitioner's claim that West Virginia is an inconvenient forum is accurate.
16. It is further alleged that Respondent has failed to appropriately file a Complaint for
Custody in the Circuit Court of Taylor County, West Virginia, in that her form
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Divorce Complaint is not marked as claiming custody of the child, even though that
appears to be one ofthe implications of the filing of her Complaint for Divorce.
17, Respondent has failed to allege in her Complaint for Custody that the child has resided
for any period oftime in West Virginia, but rather simply indicates that "the child(ren)
listed above currently reside with: [ ] Mother.
18. Pursuant to 23 Pa.C.S. ~5347(c), Petitioner believes your Honorable Court must
communicate with the Circuit Court of Taylor County, West Virginia, for purposes of
determining the appropriate Court with jurisdiction for purposes of determining the
custody of the child.
19. Petitioner believes and, therefore, avers that 23 Pa.C.S, ~5348(c) sets forth the listing
off actors to determine jurisdiction, all of which are in favor of the Commonwealth of
Penllsylvania retaining jurisdiction.
20. The conduct of Respondent in taking the child for a period of visitation and
immediately filing for custody is wrongful conduct, which she has taken in order to
benefit her position in this matter in violation of 23 Pa,C.S. ~5349(a).
21. Respondent has failed to provide any information whatsoever to the Circuit Court of
Taylor County, West Virginia, and, more specifically, has not provided affirmed
information that would allow the Circuit Court of Taylor County, West Virginia, to
determine the issue of jurisdiction over custody of the child at issue.
WHEREFORE, Petitioner requests your Honorable Court to enter an Order
requiring Respondent to appear before the Custody Conciliator in the Court of Common
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Pleas of Cumberland County, Pennsylvania, on August 8, 2000 at 9:30 a.m. and, further,
communicate with the Circuit Court of Taylor County, West Virginia, for purposes of
determining the appropriate forum for determination of custody in this matter.
Respectfully submitted,
GRIFFIE & ASSOCIATES
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I verifY that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
DATE: G-d.).-DO
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LEON R. BAILEY, III
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V Ai'lIA
: CIVil.. ACTION - LAW
CATHERINE M. BAILEY
Defendant
: NO. 00-2589 CIVil.. TERM
: IN CUSTODY
ORDER OF COURT
AND NOW, this/hayof ~f 2000, upon
consideration of the attached Complaint, it is hereby directed that the parties and their
respective counsel appear before ~ ~ X. a., ~I &( . the conciliator,
at -/I... ~ 4Y-J... y(. CL.n6, Co u..JL. /
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on thee. . day of ~ 2000, at 'o'clock
Cumberland County, Pennsylvania,
cl-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 children who are the
subject of this custody action to the conference, but the children's attendance is not
mandatory. Failure to appear at the conference may provide grounds for entry of a
temporary or permanent Order.
BY THE COURT:
By: If ~*
eu tody Conciliator
Xc91~'7-
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIA nON
2 Liberty Avenue ... .
CARLISLE, PA 17013 TRUt COPY' FROM RECORD
(717) 240-3166 In Te..~mony whereof, I hare unto set my hane
and the seal of sa~j Court at Carlisle. PI.
ExhibW'A" ~ t~~~
Pro honotary
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LEON R. BA.ll..EY, III
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
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CIVIL ACTION - LAW
CATHERINE M. BA.ll..EY
Defendant
: NO. 00-2589 CIVIL TERM
: IN CUSTODY
COMPLAINT FOR CUSTODY
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I. Plaintiff is Leon R. Bailey, IIL an adult individual currently residing at 203-A
Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is Catherine M. Bailey, an adult individual currently residing at 620 Anna
Jarvis Drive, Grafton, West Virginia.
3, The parties are the natural parents of Brandon Michael Bailey, born March 31, 1995.
The child was not born out of wedlock.
For the past five years, the child has resided with the following persons at the
following addresses:
NAME
ADDRESS
DATE
Leon R. Bailey, III
Sandra Cado
Britney L.N. Bailey
203-A Mulberry Drive
Mechanicsburg, PA
9/99-Present
Leon R. Bailey, III
Britney L.N. Bailey
203-A Mulberry Drive
Mechanicsburg, P A
9/98-9/99
Leon R. Bailey, III
Britney L.N. Bailey
100-A South First St.
Lemoyne, P A
6/98-9/98
Leon R. Bailey, III
Catherine M. Bailey
Britney L.N. Bailey
1028 Brinker Drive
Apt. 302
Hagerstown, MD
6/96-6/98
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Leon R. Bailey, III
Catherine M. Bailey
Britney L.N. Bailey
Frederick, :MD
7/95-6/96
Leon R. Bailey, III
Catherine M. Bailey
Britney L.N. Bailey
Germantown, :MD
Birth - 7/95
4. The natural mother of the child is Catherine M. Bailey, who resides as aforesaid.
She is married.
The natural father of the child is Leon R. Bailey, III, who resides as aforesaid. He
is married.
5. The relationship of the Plaintiff to the child is that of natural father. Plaintiff currently
resides with his girIfiiend, Sandra Cado, his daughter, Britney L.N. Bailey, and the child.
6. The relationship of the Defendant to the child is that of natural mother. The
individuals with whom Defendant resides are unknown.
7. Plaintiff has not participated as a party or witness, or in any.other capacity in other
litigation, concerning custody of the child.
8. Plaintiff has no information of a custody proceeding concerning the child pending in
any Court of this Commonwealth or any other jurisdiction except for a claim made
recently by Defendant in her divorce complaint tiled in the Circuit Court of Taylor County,
West Virginia, wherein she claimed the child was residing with her, which information is
incorrect and inaccurate.
9. The best interest and permanent welfare of the child will be served by granting
Plaintiff primary physical custody of the child for the following reasons:
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(a) The parties entered into a comprehensive Marital Settlement Agreement, dated
May 19, 1999, which is attached hereto and incorporated herein as Exhibit
"A", which provided in paragraph "VIr' for Father to have primary physical
custody.
(b) The child has been in Plaintiff's primary physical care for approximately two
years and Plaintiff was the primary caretaker of the child prior to the parties'
separation.
(c) The child is registered to begin attending school from his home in Cumberland
County, Pennsylvania, effective the fall of the year 2000,
(d) Plaintiff has provided the primary care, custody and control for the child since
his birth and, more particularly, since he has had primary custody by the
parties' agreement since approximately June 1998.
( e) Over the past two years the child has been in Defendant's physical care for
visitation or partial custody purposes for approximately 90 days total in the
two-year period.
10. At present, the child is visiting with Defendant with an agreed upon return date of July
3, 2000.
11. Plaintiff has recently been provided with a copy of a Complaint for Divorce, filed by
the Plaintiff in the Circuit Court of Taylor County, West Virginia, wherein Defendant
claims that the child, Brandon, is currently living with her, when, in fact, the child is
and has been living with the Plaintiff for two years and has only had limited periods of
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partial custody or visitation with Defendant. A copy of the aforesaid Complaint for
Divorce and related documents wherein Defendant requests custody is attached hereto
and incorporated herein by reference as Exhibit "B".
12. Plaintiff has filed an Answer, pro se, to the Complaint in Divorce in the Circuit Court
of Taylor County, West VIrginia, wherein he has denied that the Circuit Court of
Taylor County, West VIrginia has jurisdiction over the issue of custody of the child.
13. Based upon the limited documents received by Plaintiff from Defendant, Plaintiff is
under the impression that while Defendant has filed a pro se action in divorce claiming
the right to custody, no additional proceedings have been initiated such as any
conferences or hearings relative to custody in the Circuit Court of Taylor County,
West VIrginia.
14. Plaintiff does not know of any person not a party to the proceedings who claims to
have custody or visitation rights with respect to the child.
WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for
a hearing at which Plaintiff requests the Court grant him primary physical and legal
custody of the child.
Respectfully submitted,
GRIFFIE & ASSOCIATES
e, squire
tto for Plaintiff
North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
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I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
DATE: 5-9 -00
~ 11. ~;~
LEON R. BAIT..EY, m. ,
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EXHIBIT" A"
MARITAL SETTLEME?,;!' AGREEj\!E~!'
TRIS AGREEMENT made and entered into this the 19th dav ofMav. 1999, between
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LEON RUDOLPH BAILEY, ill residing at 203-A Mulberry Drive; Mechanicsburg,
Pennsvlvania and CATIrERINE MAlliE BAILEY who resides at 620 Anna Jarvis
,
Drive; Grafton., West Virginia.
wrTh'"ESSETH:
WHEREAS the parties were lllllIt'ied to each other in Hagerstown. Maryland on
December 24, 1995 and lived as husband and wife until such time as they separated on
May 4, 1998; and
WHEREAS a permanent breakdown of this marriage has arisen between the parties
and they are now and have been living separate and apart from each other since May
4,1998; and
WHEREAS the following child was born to the parties of this ma:;:,;age:
Name
BRANDON MICHAEL BAILEY
Birthdate
March 31, 1995
Age
4 YEARS
.
'WHEREAS parries now intend. by this agreement., to make a final and complete
settlement of all of their rights and obligations concerning spousal support, division of
properry and debts, the care, custody, controL access to and support of their child: and
WHEREAS the parties hereto warrant and declare under penalty of perjury tha:;: the
assets and liabilities divided in this agreement constitute all their marital assets and
liabilities, and further that in the evem that the division of their assets and debts is
unequal, the parties do hereby declare that they knowingly and intelligently waive an
equal division of their marital estate: and
\VHEREAS in consideration of the oremises and mutual oroIT',ises and under-..akings
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herein contained. and for other good and valuable consideration. the oames agree to-the
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following:
I.THE PARTIES AGREE to live separate aIld apart from each other, free from any
control, restraint or interference. either direct or indirect bv the other party, and in all
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respects to live as if he or she were sole and unmarried.
Exhibit "A"
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II. DIVISION OF PROPERTY
The pa.'1:ies agree to divide the property of their marital estate as follows:
l.CATHERDi"E MARIE BAILEY transfers to LEON RUDOLPH BAILEY, III as
sole and separate property and CATHERTh"E Yl~ BAILEY is divested of all right,
title, and interest in and to the following property:
a. Household Furniture- All household furniture, furnishings, fL..vrures, goods.
appliances, and equipmem in the possession of or subject to the sole control of LEON
RUDOLPH BIJI.EY, ill.
b. Clothing- .aJl. clothing, jewelry, and other personal effects in the possession of or
subject to the sole control of LEON RUDOLPH BAILEY, ill.
c. Cash- All cash in the possession of or subject to the sole contrOl of LEON
RlJDOLPH BIJI.EY, ill.
d. Checking Accounts- .-'ill checking accounts at all banks or other financial
institutions which stand in LEON RUDOLPH BAILEY, ill's sole name or from
which LEON RUDOLPH BIJI.EY, ill has the sole right to withdraw funds.
e. Credit Union Accounts- .-'ill credit union accounts at all credit unions which stand
in the sole name of LEON RtJDOLPH BAILEY, ill Ot from which LEON
RtTDOLPH BIJI.EY, ill has the sole right to withdraw funds:'
f. Certificates of Deposit. .-'ill certificates of deposit at all banks or other financial
institutions which stand in the sole name of LEON RtJDOLPH BAILEY, ill or from
which LEON RUDOLPH BAILEY, ill has the sole right to withdraw funds.
g. Life Insurance- .<lJ1 policies of life insurance insur.ng me life of LEON
RtiDOLPH BAn..EY, ill.
h. Employment Benefits- All sums and all rights related to any profit sharing plan, .
retirement plan, pension plan, or like benefit program existing by reason of LEON
RCDOLPH B/ill..EY, ill's past. present, or future employment and not otherwise
awarded to C:o.,:r:..:rElliJ: MARIE BAlLEY in u'lis decree.
2. LEON RCDOLPH BAILEY, III transfers to CATHERDi'E yL-UUE BAILEY as
sole 2.J."Jd separate property, and LEON R\JDOLPH BAILEY, ill is divested of all
right, title, and interest in and to the following property:
a. Household Furniture- All household furniture, furnishings, f.xmres, goods,
appliances, and equipment in the possession of or subject to the comrol of
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CATHEF.I:N"E MARIE BAILEY everything not otherwise awarded to the spouse to
include all cools.
b. Clothing- All clothing, jewelry, and other personal effects in the possession of or
subject to the control of CA THER.I:-i"E M.AR.IE BAILEY.
c. Cash- All cash in the possession of or subject to the sole control of CATHERD."E
!vL"\.R.IE BAILEY.
d. Checking Accounts- All checking accounts. at all banks or other financial
institutions which stand in the sole name of CATHERINE M.'\RIE BAILEY or from
which CATHERINE MARIE BAILEY has the sole right to withdraw funds.
e. Credit Union Accounts- All credit union accounts at all credit unions which stand
in the sole name of CATHERINE MARIE BAILEY or from which CATHERIN"E
MARIE BAILEY has the sole right to withdraw funds.
f. Certificates of Deposit- All certificates of deposit at all banks or other financial
i.ns!itutions which stand in the sole name of CATHERIN"E MARIE BAILEY or from
which CATHERIN"E .M.-'\RlE BAILEY has the sole right to withdraw funds.
g. Life .Insurance- All policies of life insurance insuring the life of CA'THERIN'E
MARIE BAILEY.
b. Employment Benefits. All sums and all rights related to any profit sharing plan.
retirement plan, pension plan, or like benefIt program existing by reason of
CATHERINE.M.'\RIE BAILEY's past, present, or future employment and noc
otherwise awarded to LEON Rl:JDOLPH BAILEY, ill in this decree.
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IlL DEBTS
1. LEON RUDOLPH BAILEY, ill shall pay, as a part of the division of the estate of
the parJes, the follOwing and shall indemnify and hold CArrlEF.I:N"E NLoi"RIE
BAILEY and CATHERI!'i"E.M.-'\RlE BAILEY's property harmless from any failure to
so discharge these items: .AJ1v and all debts, charges, liabilities, and other obligations
w; .. _ _
incurred solely by LEON RUDOLPH BAILEY, ill from and after May 4,1998 unless
express provision is made in this decree to the contrary. All debts associated with any
property awarded to LEON RUDOLPH BATI.EY, ill.
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1. CA THERINE l'vL~RlE BAUEY shall pay, as a part of the division of the estate of
the Darties, the following and shall indemnifv and hold LEON RCDOLPH BA TT '=y,
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ill and LEON RliDOLPH BAILEY, ill's property harmless from any failure co so
discharge these items: Any and all debts, charges, liabilities, and other obligations
incurred solely by CATHERI!'i"E .M.oi"RIE BAILEY from and after May 4, 1998 unless
express provision is made in this decree to the contrary. All debt associated with any
DrooertV awarded to CATHERI!'i'E .M.oi"RIE BAll.EY,
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IV. NOTICE
Each party shall send to the other pa,,-ry, within three days of its receipt, a copy of any
correspondence from creditor or taxing authority concerning any potemialliability of
the other party.
V. ALIMOl';'Y . MAJ1'II!ENANCE
Both parties a"oree to waive any rights or claims that either may now have or in the
future to receive alimony, maintenance, or spousal support from each other. Both parties
undernand the full import of this provision.
VI. NECESSARY DOCUMENTS
The parties agree to execute and deliver to the otherpany any do=nts that may be
reasonably required to accomplish the intention of this instrument and shall do all other
necessary things to this end.
VII. PAREl'iTING PlAN (JOINT LEGAL CUSTODY WITH PRIl\1ARY
PHYSICAL CUSTODY)
Our parenting relationship shall be guided by the following terms and conditions:
1. Father and Mother shall share joint legal custody and care of their child.
Father shall have primary physical custody of their child.
2. Both parents shall have all the rights and duties of a parent at all times,
including:
a. The rig:ht to receive information from the other oarent concerning: the health,
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education and welfare of the child.
b. The right to confer with the other parent CD the eXLent possible before making
decisions =oncerning the health, education and welfare of ;:he child.
c. The right of access to medical. dental, psychological and educational records of
the =hild.
d. The right to consult with a physician, dentist or psychologist of the child.
e. The rig:ht to consult wiLL"! school officials =onceming: the child's welfare and
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f. The right to attend school activities.
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g. Tbe right to be designated on any records as a person to be notified in case of an
emergency.
h.. The right to manage the estate of the child to the extent the estate has been created
by the parent or the parent's family.
3. Both Parents shall confer with each other on all important matters concerning
the health, education and welfare of the child. If matters arise that they are unable to
agree upon, the issue shall be submitted to a professional for dispute resolution or
arbitration.
4. Both parents will encourage a positive relationship between the child and the
other parent.
S. Both Parents shall share jointly the following rights, duties, privileges, and
powers at all times, including;
a. The right to direct the moral and religious training of the child during periods of
possession.
b. The dury of care, controL protection and reasonable discipline of the child,
including providing the child with clothing, food, shelter, and medical and dental care
not involving an invasive procedure.
c. The power to consent to medical. dental and surgical treatment during an
e=rgency involving an immediate danger to the health and safery of the child.
6. Father shall be the primary custodial parent and shall have the sole right to
establish the primary residence of the child, and further shall have the following
exclusive rights and duties:
a. Tne power to consent to marriage, to medicaL dental. and surgical treatment
involving invasive procedures, and to psychiatric a.c,d psychological treatment.
b.The power co represent the child in legal action and rr,ake other decisions of
substa.c,tial legal significance concerning the child, except when a guardian of the
child's estate or a guardian or attorney ad litem has been appointed for u1e child, a
power as an agent of the child to act in relations to the child's estate if the child's
action is required by a state, the United States, or a foreign government.
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7. Neither parent shall conceal a child's whereabouts from the other parent at any
time.
8. The non-custodial parent must have written permission to remove the child
from the custodial parent's state of residence.
9. The following grandparents, shall succeed the non-custodia! parent in their rights
of visitation and temporary possession of the child in the event the non-cusrodia!
parent dies before each child is eighteen years of age: Kenneth and Mary Lipscomb.
"lIl. SCHEDD"LE FOR POSSESSION OF MINOR CHILD
1. Mt3TUAL AGREEMENT
Any parent may have possession of the child at any and.alI times mntlla!ly agreed
[0 in advance, and in the absence of mutual agreement, shall have possession of the
child under the specified terms set out below.
2. G:&~'"ERU TERMS AND COl'ol"DmONS
a. Tne Father is ordered to surrender the child to the Mother at the beginning of
each period of the Mother's possession at the residence of the Father.
b. If the Mother elects to begin a period of possession at the time the child's school is
regularly dismissed, the Father is ORDERED to surrender the child to the MOu.'1er
ar the beginning of each such period of possession ar the school in which the child is
enrollecL
c. Toe Mother is herebv ORDERED to surrender the child to the Father at the end
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of each period of possession ar the residence of the Father.
d. Each parent is ORDERED to return with the child me personal effects thar the
child Drought at the beginning of che period of possession.
e. Each parent may designate any competent adult to pick up and return the child, as
aoolicable, and a oarent or desiznated comoetent adult is ordered to be oresem when
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the child is ? icked up or returned.
f. If a parent will be unable to exercise the parent's right to possession for any
specified period they must notify the other parent at least seven (7) days in advance.
Repeated failure of a oarent to zive notice of an inabiIitv to exercise possessorY rizhts
miy be considered as 'a factor; a modification of thos~ possessory rights. . -
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g. Written notice shall be deemed to have been timely made if received or postmarked
before or at the time that notice is due.
h. If a parent's time of possession of the child ends at the ti.,..ne school resumes and
for any reason the child will not be returned to school, the parent in possession
of the child shall immediately notify the school and the other parent that the
child will not or has not been returned to schooL
L Each parent is ORDERED to give written notice of change of address to the other
parent, Stating the intended date of change and the address of new residence, and it
shall be given at least sixty (60) days before the intended change or on the fIrst day
the parent knows or should know of the change, whichever occurs first..
j. School means the primary or secondary school in which the child is enrolled, or if
the child is not enrolled in primary or secondary school. the public school district in
which the child resides.
3. REGULAR MONTHLY SCHEDULE
The Mother shall have the right to possession of the child as follows: One weekend
per month of the Mother's choice beginning at 6 PM on the day school recesses for
the weekend and ending at 6 PM on the day before school resumes after that weekend,
provided that the Mother gives the Father seven (7) days written or telephone notice
preceding a designated weekend, and further provided that the weekend possession
does not interfere with the vacation and holiday possession of Father in Section 5
below.
4. WEEKE~l)S EXTE~l)ED BY HOLIDAY
If a weekend period of possession of the MOther coincides with a school holiday
during the regular school term, or with a federal S"..ate or local hoiiday dudng the
su=er months when school is not in session the weekend possession shall end at
6 PM on a Mondav holidav or school hoiidav, as anolicable.
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5.VACATIONS At'\il) HOLIDAYS
The following periods of possession supersedes any conflicting weekend period of
possession provided by subsections 3 and 4 above. The parents shall have rights of
possession of the child as follows:
a. CHRISTMAS
(1) Tne Mother shall have possession of the child in odd numbered years beginning
at 6 PM on the dav that the child is dismissed from school for C1!'istmas vacation
and ending at 12 PM on December 26. The Father shall have possession of the
same period in even numbered years.
(2) The Mother shall have possession of the child in even numbered years beginning
at 12 PM on December 26th qnd ending at 6 PM on the day before schooi resumes.
The Father shall have possession of the same period in odd nllmoered years.
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b.THA.:.'iKSGIV1.'liG
The Mother shall have possession of the child in even numbered vears beg;inning at
6 PM on the day the child is dismissed from school for Thanlcsgi~ing vac;tion ~d
ending; at 6 PM on the following; Sundav. The Father shall have possession of the
child for the same period in odd numbe;ed years. .
c. SPRING VACATION
The Mother shall have possession of the child beginning at 6 PM on the day the child
is dismissed from school for spring vacation and ending at 6 PM on the day before
school resumes from spring vacation.
d. S"GNIMER VACATION
If the Mother gives the Father wrinen notice by May I of each year specifying an
extended period or periods of summer possession, the Mother shall have possession
of the child for founy-two (42) days beginning no earlier than the day after the child's
school is dismissed from the summer vacation and ending no later than seven days
prior to school resuming at the end of the summer vacation, to be exercised in no
more than two separate periods of at least seven (7) consecutive days each. If the
Mother does not give the Father such notice, the Mother shall have possession of the
child for fourty-two (42) consecutive days beginning at 6 PM on June 15 and ending
at 6 PM on July 27.
e.SDNIMER VACATION EXEMPTION
If the Father gives the Mother wrinen notice by June 1 of each year the Father shall
have possession of the child on anyone weekend beginning ~day at 6 PM and
ending the following Sunday at 6 PM during anyone period of possession of the
Mother under section 4 provided that the Father picks up the child from the Mother
and returns the child to that same place and further provided that if the Mother shaH
have possession of the child for more than thirty (30) days the Father shall have
possession on any two non-consecutive weekends.
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f. CHILD'S BrRTHDAY
The Mother shall have possession of the child on the weekend immediately preceding
cb,e child's birthday beginning at 6 PM on Friday and ending at 6 PM on Sunday
provided that the Mother picks up the child from tb.e residence of 1:.:.1e Father and
retuJ.-n5 the child co that same place.
g. FA TEtER'S DAY
The Father shall have Dossession of the child on Father's Dav.
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h. MOTHER'S DAY
The Moc..fJer shall have possession of the child beginning at 6 PM on the Friday
preceding Mother's Day and ending at 6 PM on Mother's Day provided that she picks
up the child from ,he residence of the Father and returns the child to that sa.~e place.
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6. CHILD SUPPORT
The basis of w.'1e agreed support for the benefit of our children established by this
agreement is based on the following facts; The parties make this agreement freely
without coercion. threat or duress. rne parties declare that this agreement is in the best
interest of their child and that the needs of the child will be adequately met by the
agreed amount. The parties are fully informed of their rights conc...'"f!ling child suppOrt
and of the guidelines for establishing child support put forth by the state and presumed
to be in the best interest of the child. The right to support has not been assigned to the
office of the Attorney general in consideration for the receipt of payments from the
srare for the support of the child and no public assistance application is pending. As for
child support, the parties are capable of supporting their minor child and neither
parent shall pay child support to the other parent.
1. MEDICAL A,,"'ID DENTAL INSL"RAJ.~CE
The Father shall carry and maintain medical and dental insurance for the benefit of said
child. The reasonable medical and dental COstS not covered by any policy of the
medical or dental insurance shall be paid by the Father. Exception: Mother shall pay
any medical or dental deductible during her periods of possession of w.'1e child.
8. CHILD CARE
The Father shall pay for child care expenses during his possession period of the child
and the Mother shall pay for child care expenses during her possession period of the
child.
9. LIFE INSli'RAl'lCE
To ensure the availability of funds to support the parties' minor child in the event of the
Father's death. the Father agrees to carry and maintain a po licy 0 f life insurance in
the a.."!lount of at least 5100,000 doUars and shall name Scot[ A.nthony Bailey (Pater.1al
Untie) benericiary, with said insura!lCe proceeds to be used to ensure the support oft.he
child.
10. DEPENDENT CHILD EXEMPTION
The Father shall have the right to claim the deDendencv exemDtion on Federal Tax
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Returns for the child.
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IX. AGREEMEj\'T DESIGl'I"ED TO FACll..ITATE A DIVORCE OR
DISSOLLll0N OF THE PARTIES' MARRIAGE
This Agreement is entered into with the express intent to facilitate encourage, aid.
and in anv other manner lead to a divorce and or dissolution of the rnarriag:e
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between the parties hereto.
X. SD13SEQ(]ENT DISSOLDll0N OF MARRL~GE
Defendant herein, acknowledges receipt of a copy of the documents to be filed herein
with ;:his agreement of the parties attached as Exhibit" A", and states that she has
read and understands the same. It is agreed that this Agreement shall be offered into
evidence by either party in any dissolmion of marriage proceeding, and if acceptable to
the COUl"t. this Agreement shall be incorporated by reference in any Fmal Judgment that
may be rendered. and the parties shall be ordered to comply with all its provisions, and
all warranties and remedies provided in this ag:Te..-ment shall be preserved. However,
notwirhstanding incorporation in the Final Jud"ament, this Agreement shall not be
merged in but shall survive the Final Judgement and be binding on the parties for all
times.
XL REPRESENTATION
The parties represent to each other:
1. Each had the right to independent counsel. Each party fully understands their legal
rights and each is singing this Agreement freely and voluntarily, intending to be bound
by it.
2. Each has made a full disclosure to the other of his or her current fi.nancial condition.
3. Each understands and agrees that this Agreement is intended La be the full and entire
contract of the parties.
4. Each agrees that this Agreement and each provision of it is expressiy made binding
upon the heirs, assigns, executors, administrators, successors in interest and
representatives of each party.
XII. WAf\t"ER OF BREACH
No waiver of anv breach bv anv oanv of the terms of tr.is Agreement shall be deemed a
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waiver of any subsequent breach.
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XIII. EI'i"FORCEMEl't'T OF THE AGREEMEl't'T
Both parties agree that the CoUrt granting the divorce, at the request of either party,
insen in the Final Judgment a reservation of jurisdiction for the pUJ.-p0se of compelling
either party to perform this Agreement, or any part thereof. The prevailing pa.-ry shall be
entitled to anorney's fees in connection with such proceeding.
XIV; GOVEAAlNG LAW
This Agreement shall be interpreted and governed by the laws of the Co=onwealth of
Pennsylvania.
XV. WAIVER OF SERVICE OF PROCESS ~~1) FILING AJ.~ A..."iSWER
Defendant herein, acknowledges receipt of a copy of the documents to be filed herein.
and states that he/she has read and understands the same, hereby waives the issuance.
service, and return of process upon him/her in this action enters a voluntary appearance
in this cause, waiving all time and right to plead, answer or appear in this action. and
consents that the same may be set down for trial and heard by the court at any time
hereafter without notice to, and in the absence of, this Defendant.
X'\I'1. WAIVER. OF EMPLOYEE AND/OR MILITARY RETATh'"ER OR
RETIREMEI'i'T B:&~"EFITS
Both parties agree to waive any rights. interestS, or claims. that either may now have or
in the future to receive employee and/or military retainer or retirement benefIts resultil1g
from the past, present or future employment and/or service of th~ other party in the
Armed Forces of we United Stares. Both parties understand the full impon of this
provision.
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LEON R\.TDOLPH BPill.EY, IiI
Husband
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CATHERIN.t. MAlliE SA iT ;::y
Wife
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COrvTh10NWEAL TH OF PENNSYL V.-\1'f1A/ COu1'tTY OF CliMBERL.~~1) ss.
Before me, the undersigned, a Notary Public within and for the State of Pennsylvania
on this 19m day of May, 1999, perscnally appeared the above named LEON
R{JDOLPH BAILEY, III to me known to be the identical person who executed the
above and foregoing entry of appearance and waiver and personally acknowledged to
me that he read, understood and signed the same; and that he executed the same
as his free and voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto affued mv si~attlI'e and official seal
the day and date heretofore stat d. Notarial Seal
1 Julie O. Shannon. Notary ;>UClic
Silver Sprtng Twp.. Cumbertand County .
My commission e My Commissicn Expires June 14. 200' :
Notary Public
ON THIS THE 19= day of May, 1999.
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COMMONWEALTH OF PEl'l"NSYL V.~""'-VV COWiTI OF CUMBERLAND 55.
Before me, the undersigned, a Notary Public within and for the Srare of Pennsylva.,.,ia
on this 19m day of May, 1999, personally appeared the above named CAU::UiliIl'i"E
MAlliE B..uLEY to me known to be the identical person who executed the above a.,.,d
foregoing entry of appearance and waiver and personally acknowledged to me that she
read.. understood and signed the same; and that she executed the same as her free and
voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto affixed my signature and official seal
the day and date heretofore stated.
NotaMal Seat
Jufie 9. Shannon. Notary ?uoiic
Silver Spnng Twp.. Cumberlanc CC:Jr:T"1
My C:lmmission Expires June 1 J.. 200'
Men"'.aer. ?ennS" '.t'tia As$Qoa1.1c~ '7. ~ ~l.';:
Notary Public
NED ON THIS THE 19m day of May, 1999.
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C!RC"JIT COURT OF TAYLOR COUNTY, WEST VIRGINL~
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CATHERINE BAILEY
Plaintiff
v.
LEON R. BAILEY, III
Civil Action No. OO-D-42
Defendant
To: LEON R. BAILEY, III
203-A MOLBERRY DRIVE
MECHANICSBURG, PA 17055
IN nm NAME OF nm S'l'ATE OF WEST VIRGINIA, you are hereby SUlIIIIIOned and
required eo serve upon ELANE M BENNETT, Circuit Clerk, whose address
is 214 W MAIN ST ROOM 104, GRAFTON, W'J, 26354, an answer including any
related couneerclaim you may have eo the complaint filed against you
in the above styled civil action. a true copy of which is herewith
delivered to you. You are required to serve your answer within 30
days after service of this summons upon you, exclusive of the day of
service. If you fail to do so, judgment by default 'rill be taken
against you for the relief demanded in the complaint and you will be
thereafter barred from asserting in another action any claim you may
have which must be asserted by counterclaim in the above styled civil
action.
Dated April 25, 2000
EU...'TE M BENNETI'
ci::-cuit Clerk
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Exhibit "B"
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IN THE CIRCtiIT COtRT OF
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COtJNl'Y, WFSr VIRGooA
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CIVIL ACIION NO. ,;::)0 -lJ -~.2
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DEFENDAJ.'IT
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, COMPLAINT FOll DIVORCE
c~ DOW the P1"i-nrifl' who s=cs that the foUowiug fads aDd "Il~~ ate believed to be
trUe:
1. ~ to West Vqi:D:ia. Code g4&-2-7, t!lis Coutt bas jurisdic1:it'f\ to bear dtis case.
(~.cxAU. m.a APPU)
[~The P1"~ has been a. bcm fide r-*f- of West Vllgima fur
mare tllm one (1) year ?rior to tbc iu..~.. of rttis .rril"lQ
[ 1 The DerioM"",. b3s b=n a bolla fide '~"';."- ofWcs; V''U.~ ror
more tban one (1) year prior to the 1=; I... ;on of Ibis action.
aRcurr COURT
TAYLeR COUNTY
Fl1. E 0
APR 24: ZOOO'
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8.ANE M.SEN.~
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CJfmt:y, West VIrgiDia.
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[-,.f'ne Phi"riff ~ ;md c!le Def...,<l"T11' dce:llJOt reside in ibis stan:.
3_ The Pl".j"tiff .........~y resides in \G..... \l'\<L
V1IgiDia. ~
Coumy, West
4. The Dd'....,,;""" ~. (cma ONE)
CouI:Ity , West V1I'gil:ria.
( ] In
( 1 At an ~ unlalcw'l1 to cbe Pl"inrifi".
( J Out of state wbt:':: tile Wt1axrRn addr=la is c?o3. A
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50 The pl..mriff mi ~ were dIIly. and legally ""'~ in ~.~ -i7:",\nu.r"\
Coumy. lU1sh;"'~r\ 1 MO. (State). 011. ~.as:. day of \)2,.~~ P .
19.9.5:.
00 The p".i..,,;rr:md DefCldam last!ived tcg=tl=r as lmsbandatld wife in ~r~ Ii"'llt"UJi"\
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County, 11"f\s).,;. 'IS" I \"'r\.\"\(Stuc). onorabclut....Q1::l ''\. \ " .19-91-.
wb::1. tbey ~~ am such ~.... .u;,m, bas bcc1 '-iJ~ am IIII:..J~, I ..~ m.:e that
date.
( ] NQ childr=1 we= Com tc tbc putic:s ami IlODC am ~
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1. The parties :lIe the ~ of;
(CHECK AlL m/(T APl'U)
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clIiId(mn}. whcsc DamC(s) am! datc(s) of bitth ate:
DATE 9F alR.U:i
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[ ] A cbik1 is .........:Idy ~ with an 3Ill:iCpated date of delmry on
[ 1 AdD!t cl:1ildR:n wlIo 00 loIlger r=quiI= support.
8. TIle chi1ci(n:n) listcd abo'Ie C4u....Q.y !IYe with:
[V'( Mot1Ier
[ 1 F3Ib:r
[ 1 0dII:r. Gi'fl: lImlC atld addl:=s :
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9. The pl"inrif!' does IIOC kIlow of any ["-, .f;.lg CllSttlCfy .... _:-f;.,g or my pet:SOQ
not a. party to this action who bas phyD:al <::'tcrMy or ,,;~ rigms with.
a.ay miner clIiId(ICIl) rno'l'n<"fl abo'll:.
10. NeiI:ha of tlJe parties is a. member of the mil;~ 3d:. D.;. of tile Unitl:d St3il:S. a miner.
i:D:3rt:ented po:::3OD. or itll".. ""1- '...! as det-mn-f by a court of law.
11:= Pl"inriff scnes as l>J."'u.uJs far lI' .../ ;"g the divcm:::
11. L:..~" .."",..hie di:fl:"ere:m:::s have arisI:n b.A.~....... r!Ic pJ,oinriff md the Del> ,..-1......
12. If the !JM't-Ilmf' does lllX legally admit tbat W," ,..,~ n"k"" dif:ib.~ aist. !.be '~l>inrifl'
states the :1dtim"llal g:roa1ld(s) for tbe divorce:
(CHECK ALl. nuT d.l'PU]
~ The parties in. this acUcu !lave Imd ..etl.....Jl; m1 apart in ~..... plal::s of abocic
witbgatany ~;t~ri..n m:i wi%1lcm.im=..~tiuil far OIIC year prior to the l...,i;...rinn
of Ibis ~. md mcl:t ~fttVwt wu the ~In.-r:y aa of am: of tbe "...'tit... or was
by l'ftn'I'I'Mol < --' I.~ _ . ,i of ti= parti:s.
( J '11:Ie 00;:-;",.6'lt has be=n guilty of cmel mi ;"mm",ft l.!~.j,..< .r tDward the Pl..;.,mp
IVhiCt pattbe Pl"fttriA'in .~aable ~l"ol!l>.c,t.q"'U orfi:arofbodily lmm. or ,~...'"'"t
wbiaL ll:Dds to dcsttay tbe' Tt'I~1 Of phys:iai ~. happiness. lDld ~ of
tbe PI..mrifF; ami tx) reDder ~""",,,".n cahabitatim111JlS3fe or nN!,.I"rable.
WREREPQRE. !be ~lIinrifF .'"'I....-t. that !be Coon gcmt the lJiUoti- an ab.'JOI~ divorce
am sw:h otlle: ~ as tlle Coon TIJrf. Slic fit to gt3XIt. iDcluding TiIos: matrets ~:ifj.."'lly
sated below:
C J A. 'I'bat the Court grant custody of the micDr clliIdIdIiId:ren of me tIlania.ge to
r x;--\t,'t'tj()0 '1n',\.. t~.
(1 B. Thattb:Courtgramvisitatioaasfallowstc le.o'(""l.?,. 0-,:1...oJ . ~Ti\
; set foItb. a.ay re3SQtlS to .~ or set ~ on .
~ nOn~ .
t 1 c. That the Coon otder \.91"<'\ l., ?-;.. ~ \.. ~to pay a rasomble smn. for tl3c
SlJPPOrt of the clli1dJclrild%!:n of tb: parties;
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[-..r D. '!".aat the Court otder the PIaitttii'l7Ddct to """,inrnm ='r<! ~ on. die
chi14Ichi1drc1. if ~"Ot''''''iy available,.and to assist with ~.........hlc ~ial, dem:al
and optical..~,go;;S llCt coveted by iI.o:.w.~ or other J:llf"'Iio:al C3Id;
r] E. That
be aw:uded alimony;
r] F. 'That tbe COUl:t mai.:l: m equitable disc:i'cutioD. of the ptOpc::tj' of the parties;
t] G_ 'That the P1"Tmit'Fbe gI3Ilt:d ~~ use, possession and \JW",.-, d,1p ofttI= foilowing
mmett p&t..J~ry:
PROPER'I'Y
VALUE
(J H. That the De{IoM.- be gramed e:a:b:Isive ase, P<'~\J11 m1 (j<l'o.....~ of tile
fofiowiDg m.....m.l J:'<'~".uty:
.-
PROPERTY
V ALtlE ,
[1 L TIm (\()1U."
'- a--"";-"'; I'Y'\-Il'~"""" -..# ....- !"!..H,,;l.,~_
...... ,w.....;.... ,,_~ '..", \.I' we;; 'U, .u_.~
fin'ni~h;"g.'" and appH~ ~ ,1m ;,~ tbe!ll3Xriagt:.
[1 I. That i\",",,~.
be awm!ed the ~,.;n.nve us: and possessicn. of
th:: m:>rit:ol b.cmeon tbepardeS. l""",~ at n(~". .
(J K. That I\G~
be aW3:Eded ~...., of th::
~,
. ~ , t I
, '.!!:l'
I.
~ ....
[] L. That tb:: pbTnriff be bJ:ld !t${- ,..~;olc far !.be followiIIg <leba:
DEBTS
A..'dOUNr
(J M. That the Dd',""""", be hc!d ~le for the following debts:
DEBTS
AMOu"'NT
[1 N. That
be gr.mred tbc rigbt to r=u:mc the prior
name of
[1 O. That tbc I"l........,;,,~ be enjoillcd ana fP"M"';,."..n from amlOytng. .~.....mg am
iIm:fering with the p""""""1 liilerty and safety of tbc P'''inri1''F:
[J P. That tile pl"fnriff be JIL......n:.i the fonewing .,;,;mn"",t t=iief:.
~i.Z~'-> . ~n.~, '?\
Pl'!i!!tiff. Pro Se \.j
(.Add=s)
(P!ll:me)
< ,'" --:-_1,
11'I
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-,--
-
STATE OF '"'EST VIRGINIA.
COtJN'.I'Y OF ~ lor"
...-J .
. TO-WIT;
'VERIFICATION
.r- . n
-....J::l..*'-.o..'(\{\<l '!"r.',\~.~
..._ 'C,~. "'- ~ .
, WiiO .. m ~ .l.&.I.L1W6"~
~mpi:o;"t for Dmm::. after being duiy swom. s:ays that :he facts ami aIlegatiom """"""Tn,o,i in
the C''"'"'TktM are tme, '"""""l:'t ~ as they are thcC sr=d lC be 1IpQll mf"'..".':..u aJ!li
Ce!ie:f. mt tint imtlfar as they ate thcma. stated. tllcy ate bellC.ved to be trl%e..
C\c. ~;...:. @c-~,;iS
p~
TaJa:n. swam to atId m~."...n bcfoxe me this dJf1ay of /J., t7,j ; J
~ ,JIJ()(). -
My commk'WI1 '"""'~ 9'4
7 d()() 7
,
o/d ~ ~tl-~
Noary Wb1ic
, .
FORM Z
"
"' - ~ ,
.
F
, , ..... T. .,
. IN 'I"'.dE CrRctTr COURT OF
'" '.1
. ~- ~_. - 1
<:01:.iNTY. Vf"EST v"IRGn-i"IA "
J
PLAINTIFF
v.
Civil Action No.
.DEPENDA."IT
Ai."-/~w~~
Now comes the ~,."I~,d for answer to the CcmpIaim ami says as follows:
1. The ~",..,. """"m aD. of the al1egatiom =:.'t P8I"~b.
2. 11w: h....~a.ilable clifi'lol."",,-= aist bd......... d:le parties.
1: J Waives ootil:e of d:le bearing.
( ] Waives tl:!c a:n day period for filing exc:ptiolJs.
'W'E:EEFQRE, tbe ~ asks that tile Court gr;mr the parties an absolute dho."".
[1 The
be g....wO;;d.usc of the prior IlmIC
Defcldam
STATE OF WEST VIRGIN!..'\.
COUNTY OF
VER.li}CAll~
. ro-wrr
, the D~lmf' in this divorce case, being dafy sworn.
says tlm tI:Ie Amwca are 0:=, m1 whem th=y are'based on iDft""'"mnu, tbe ~..... ~ tl:te:n
to be :roe.. .
D-f,-..l""'"
Tak:n, swotn to m1 subsl::rlbed. befot= me this
My COTrm'!;~ expires
day of
. 19
,19
Notary Public
cn,.nuCATE OF SERVICE
I bave mailed a true CJJPY of tile foregoing AI1swer to che pt,,;.,..;f!' by first class mail to hisIber
!~~wmdd=su:
on tile day of \ . 19
.....;
Dct.......,...4..'n
:F0llM 1
AddIess
Pbotlc
--. -- ...... .~....."".
.;w;u. ... ;;4loo1fi..U' _ .. 4A1<1iOW...... ~4r.JC~'
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- l.l... ~"tl ~.L~\;L~~~ ',I..~:J1U
,
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.
StlMKONS
CIRCUIT COURT OF TAYLOR COUNTY, WEST VIRGINIA
CATHERINE BAILEY
Plaintiff
v.
LEON R. BAILEY, III
Civil Action No. 00-D-42
Defendant
To: LEON R. BAILEY, III
203-A MULBERRY DRIVE
MECHANICSBURG, FA J.7055
IN THE NAME OF THE STATE OF WEST VIRGINIA, you are hereby Summoned and
required to serve upon ELANE M BENNETT, Circuit Clerk, whose address
is 214 W MAIN S1' ROOM 104, GRAFTON, WV, 26354; an answer including any
related counterclaim you may have to the complaint filed against you
in the above styled civil action, a true copy of which is herewith
delivered to you. You are required to serve your answer within 30
days after service of this summons upon you, excl~sive of the day of
service. If you fail to do so, judgment by default will be taken
against you for the relief demanded in the complaint and you will be
thereafter barred from asserting in another action any claim you may
have which mus~ be asserted by counterclaim in the above styled civil
action.
Dated April 25, 2000
ELANE M BENNETT
-
Circuit Clerk
~ ..
,,'
7~~_~,.
~"'"
-./'
Exhibit "B"
I
- -U":tl ~QI VU .L.J.. ,",u ,i'AA, '.L t uv</ "3:V....
,,:!IE ,ffibt! ,,~lllbMI. ,iUJlfi .
"lIllJ~~' ,
,
-
:IN THE CIRcurr COURT OF
/ a.::;/ or
COUNrY, WEST VIRGINIA
C ("l~q;-n\l
PLAINTIFF
7n~\.~~1
~
v.
CIVIL AcnON NO. ~ -lJ -~.2
. .kr~,;\ ~.
DEFENDANT
?n 1 ." \\'\
~
. COMPLAINT FOR DIVORCE
Comes now the plAinrifl' who states that the fonowing facts ami allegations ale believed to be
trUe:
1. Pursuant to We:lt VlIgiDia Code ~48-2-7. tIIis Court has jurisdiction to hear this case.
(CHECK AU. 77lAT APPLY)
l..-r" The PlaiDtiff has been a bona fide resiq""11 of West VIlginia for
more than one (1) year prior to the institution of tIIis action.
l 1 '!be Def<>nrl,nt has been a bona fide resident of West VU'ginja for
more than one (1) year prior to the institution of tbis action.
CtRCUrr COURT
TAYLCRCOUNTY
FIL.ED
APR 2 4 2000
~!.ANE M.BENNETT
G!RCUIT ClZtX
( ] The parties were maaied in West,Yqinia.
2. This action is being brought in \u....u~ ('~..
which is the county where:
(CHEC1t. ALL 771AT APPLY)
( 1 The parties last lived together as husband ami wife.
I ] The ~1Inf' xaides.
County, West VIrgiDia.
("""The plaintiff resides and the Def....r!..nr does not mide in this state.
3 _ The pl,.;ntiff .......lil1tI.y resides in \ Q..l.;. \n'L
VIl'giIIia. . ~
County, West.
4. The Def...,d...... resides: (ClfBCX ONE)
,
[ ] In County. West V"lrginia.
I ] At m addIeSs UIIknoWn totbe pl..;nrifF.
( ] Out of state wbllre the last known a.cidIeSs is c103 - A m l.)\ 'n. peL\.. 'U>.
~
~h."C'\" \'... ~\o, ,("0., .
'"
~A. i 1055"
,"-_. ...
v.'.o/uu ~~.~~ r~ '~I uv~ ~u~~
L",,,, Lll&~.d ~",;....l,di~.. 'r:J.~-~~n
I-,j_ 1\ ~~~
.1, "'
S. The P'"intiff and Def...w.nt weIe duly. and legally married in ~.Q( QS\.7).... -,ro,
County, l>:r.~;ht'''} MO. (State), oa ~.a.s.... day of \);.N..r.-..'c" P .
19.9.5:.
6. The P1aintiff'and Defenclant last lived togetber as husband and wife in \-\ar~ l7~"LL)"
County, k"'s\-.;~~I"I I lY\f') (Slate), on or about iDo .~' \ ~. ,193,L.
when they separated. mi such sepuation bas been cominuous ml. UDintettupted since tbat
date.
7. The parties are the parents of:
(CHECK ALL 77IAT APPLl")
[ ] No chikI=1 were bom to the parties and IIOne are expected,
7
[--1 1..
NAME
child(ren), whose name(s) and datc(s) of binh are:
DATE OP BIRTH
'6fn.-A",,^ 7-r.: I .. t~
:,-?l\-'15'
.'
( ] A child. is cunendy expected, with an anticipated date of deliveIy on
[ ] .Adult children who DO longer requim support.
8. The chi1d(tl:Il) listed above CUU~} live with:
[v( .MotJler
[ ] FadB:r
[ 1 Qtber - Give DaII1C aDd adAUas :
- &, _v,...... .L.L. o,}v .L ~:L4, f.L I ......... ".........
[)JI"v llwe;(LI~l iill.ll1\iLllJ1U
1,_,,__,1.... i
18V"'V
~,
9. The P1ahttiff does not know of any pendl11g custady proc-'ing or any person
net a party to ~ action wbo has physical C\lsto<ly or visitation rigb1s with
any minDr child(ien) "-""'<1 above.
10. Neither of tbe paFdes is a member of tile mfliri"y services of tile UDiIed Slates., a minor.
iDcaIcentedl petSl)u, or iIr~ as cletermined by a court of law.
The p1aiJltiff s~ as grounds for granting tile divorce:
11. h:xecODCi1able differences have arisen bd"~ tile pt_Tnnff aDd. the ~_nt
12. If tile Defemlant. does !lOt IegaIIy admit tiIat im:concilable difi'ia.......... exist. the ptaintiff'
states the additional ground(s) for tile divotce:
(czmCK AU. mAT APP.tl')
f...-r'The parties in this action have lived serr",$; and apart in separate places of abode
without any cohabitation and without imeI:tuption for one year prior to the institution
of Ibis aon, aDd. such sepamtil'D. was !be wlunluy act of ODC of tile parties or was
by 1Jl11hJ~1 co-aseur of tile parties. -
( ] The Def>o,..l_nt has been guilty of cmel ami "Wi",,-" l%P~I....."t towaId the ptlllfll'iff'
wbich put the PIaimiff in reasonable llpp1pnMu or fear of boc1i1y balm., or conduct
wbicl1 teDds to desttoy tile 'l"""'1lI1 or physical well-beinS. happiness. and. welfaIe of
the Plaintiff'; and to mJder ct'"f!m'e</ cohabitation t1JlS3fe or 1~lrable.
WHEREFORE. tile p,,,intifI' 1eqlle$U that tile Conn graDl tbe patties an absolute- divorce
aDd such other relief as' tbe Court may siie tit to grant, iDc\llrimg tI10se matters specific:al1y
stat:d below:
[] A. That tbe Court grant custody of tile minor c:hi1dIchildren of tile marriage to
r '!a~-ef.;i10 '1r.',\a. t~:
[] B. Thattlle Couttgrantvisitationas follows to ~?. 7)...:'--' . ~'TI\
; set forth any reasons to IeStIict or set conditions on .
~rinn nOn ~ ,
[] C. Tbat tile Court ordc:\.,p"", 1, ?).. :1"0Tto pay a reuonable sum. fo:nbc
""I'~ of tile childJchiJdren of tbe parties;
3
,
.. '" -~,..... ........ ~4 ... ~~ J..... ...lJ JJ!'tt~-J.
BlvL" _L:""d ~._... ,'-l1ft "lJ~J~n~
. i'
, il!iJJ~
L.Ili
[~D. That the Court order the Plaiuti.fflDefen to m,inr.o;lI medical iDsurance on the
childIchildren, if teaSCIllII:lly available, ,and to assist with reasonable medical, dental
and optical ..~~~ DOt covered by insurance or otber medical card;
[] E. That
be aWlllded alimony;
[] F. That the Court make an equitable distribution of the proPertY of the parties;
[] G. That the Pl"tnt;ffbe granted exclusive use, possession and liw......sbip of the following
marital property;
PROPERTY
VALUE
[] H. That the Defendant be granted exclusive use, pos$CSSion aDd ownership of the
following mArital p.iJperty:
,-
PROPERTY
VALUE
[] I. That 1\Cru..
be awarded po~ of the fumitule,
fm"n;!lh'T and appH_ ~dited tItmng the nwriage.
[] I. That (\~.
be aW3Ided the ...-Inllive use and possession of
themaritalhomeonthepanicS, ~ at n~
[] K. That N!>\u1
be awarded ~on of the
antDlJlObi]e;
.
V"lH "-V''''V .L..L........ .l'dj"" r..L I ...J:.Hl lUO.~
BlIlv - ~~K ~~J..l ',Jtlka. ,J.l:o~~..l'~ .
i I
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=
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[] L. That the P1l1mriff be hcId respllIIsible for the following debts:
DEBTS AMOUNT
[] M. That the Defendant be held teSpOnsible for the following debts:
DEBTS AMOUNT
[] N. That
name of
be granted the rigbt to resume the prior
[I O. That the Defp',,,llIlJf be enjoined ana restrained from annoying, .tbrea,....mg ami
~&rlng with the perscmal u:berty and safety of the P!ainti:ff;
[] P. That the P,..i'I1riff be granted the fOllowiDg lIddUinual relief:.
.-
~~~&_ (bn.~,~
(Address)
(PtImJe)
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i I
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STATE OF WEST VIRGINIA
COlJNTY OF
~ lor'
, TO-WIT:
VERIFICATION
.~~.Q..e'\-(\<l '?-r..\\~.~
, the plaintiff in the ti..wsoing
Complaint for Divorce, after being duly swam, says that the facts and allegations CODtIined in
the Complaint am ttue, except insofar as they are therein smted to be upon iDfoIIlllttion and
belief, ~ that insofar as th~ am therein stated, they am belieyed to be true.
~<:"~Jo..~. ~n&.:(S
Plaint!ff
. . "IdA.
Taken, sworn to aDd subscribed before me this ~ day of
Aft -2 OM .
!<.(1.A ,- J
My commi~OI1 expires ~
7 ~(jO 7
.
@ OFFICIA/;SEAl.
A NOTARY PUBUQ
- . STATE OF WEsT VlRQIN
s . CRYSTAL A. BRAKe IA
" __'" ~"1.e...2ll6
""~~_7
....,. 7. 3lO7
q~d J. ~tLk.L- .
Notary .
FORM Z
,
,
. F. u~,~o)vu ~~..~ r~ /~J &8~ ~8~~
"IN THE CIRCVTI COURT OF
~l ""'va ]\ii:~~@! ~!l.l~'.l :. i?!l6J!JUd2 I
COlJNTY. WEST Ym,GINIA :
PLAINTIFF
v.
Civil Action No.
.DEFENDANT
ANSWER
Now comes the Defendant for answer to the Complaint and says as foUows:
1. The ~~nt admits all of the allegatiom except paragmph
2. That iIreconci1able diffexenc;es exist between the parties.
[] Waives notice of the hearing.
[] Waives the ten day period for filing exceptions.
WHEREFORE. the Defen.1~". asks that the COllIt grant the parties an absolute divorce.
[] The
be granted'use of the prior IIaJIIC
Def-onrl"nt
STATE OF WEST VIRGINI..o\
COUNTY OF
,,)!;~ 1CA'tT.Wi
. TO-WIT
. !:be Defendant in this divorce case., being duly swom.
says that the Answers ~ uue. au[ where they ate'based on iDformatioD, !:be Def'-rl"nt believes them
to be tlUe.
Def,..,n......
. Taken. sworn to and subscribed befOte me this
My I"1'ImTni<<rinu expires
day of
. 19
, 19
~CATE OF SERVICE
I have mailed a true copy of !:be foregoing Answer to the Pllrinnff by first cIass mail to hisIber
la.<tIa1oWll8ddressat:
on!:be day of . . 19_.
. Notary Public
..,.;
Def....ru.nt
FOBM 1
Addtess
PhoIIC
~-- ....... -~. . ..........
JU:I'-' ~ '" nn.lnQr''' . ;4A1~W"'" P4r.ICI--i
PIHIfI il
, ,
, ,
IN THE CIRClnT COURT OF TAYLOR COUNTY, WEST VIRGINIA
CATHERINE BAILEY,
Plaintiff
CIVIL ACTION NO. 00-D-42
vs.
LEON R. BAILEY, Ill,
Defendant
ORDER OF COURT
AND NOW, this
day of
, 2000, upon motion of
Defendant, Leon R. Bailey, Ill, IT IS HEREBY ORDERED AND DIRECTED that the
issue of custody of the parties' minor child, Brandon Bailey, born March 31, 1995, is
severed from the divorce proceedings initiated to the above captioned matter.
IT IS FURTHER ORDERED AND DIRECTED that the custody proceedings
initiated to the above docketed action in the Circuit Court of Taylor County, West
Virginia, are hereby stayed pending further contact between this ~ourt and the Court of
Common Pleas of Cumberland County, Pennsylvania, to determine the Home State and
the most convenient forum for a determination of custody of the aforenamed child. The
Court shall communicate with the Court of Common Pleas of Cumberland County where a
simultaneous custody proceeding is pending and upon determination of the convenient
forum and Home State of the child for custody jurisdiction purposes, an appropriate Order
shall be entered either dismissing the within proceeding or accepting jurisdiction of this
Exhibit "e"
,. .
,
~.
~",I-~"" -~--i
, ,
" ,
matter. This Court shall enter a final Order in conjunction with the entry of a similar
Order by the Court of Common Pleas of Cumberland County, Pennsylvania.
BY THE COURT,
J.
,b..
~
I,
.~""'-,
, ,
, ,
IN THE CIRCUIT COURT OF TAYLOR COUNTY, WEST VIRGINIA
CATHERINE BAILEY,
Plaintiff
CIVIL ACTION NO. OO-D-42
vs.
LEON R BAILEY, ill,
Defendant
PETmON TO SEVER AND STAY PROCEEDINGS
ON GROUNDS OF INCONVENIENT FORUM AND
IMPROPER JURISDICTION
AND NOW, comes Petitioner, Leon R. Bailey, ill, and affirms 3.i follows:
I. Your Petitioner is the above named Defendant, Leon R. Bailey, ill, who has entered
an appearance, pro se, by filing an Answer in the above referenced case to the Divorce
Complaint filed thereto.
2. Your Respondent herein is the above named Plaintiff, Catherine Bailey, an adult
individual currently residing at 620 Anna Jarvis Drive, Grafton, West Virginia.
3. A Complaint in Divorce was filed by Respondent in the Circuit Court of Taylor
County, West Virginia, docketed as above referenced, said Complaint believed to have
been filed on April 24, 2000.
4, On April 26, 2000, your Petitioner herein filed a Complaint in Divorce docketed to
No. 00-2589 Civil Term in the Court of Common Pleas of Cumberland County,
Carlisle, Pennsylvania, without knowledge of the filing of the West Virginia divorce
action.
"=ilil_.
" .
" ,
.-
5. Both Divorce Complaints have been appropriately served upon the respective
opposing parties.
6. In the Respondent's Complaint for Divorce, Respondent alleged that the parties' child,
Brandon Bailey, born March 31, 1995, was living with her when, in fact, that is not
accurate.
7. Pursuant to the parties' Marital Settlement Agreement, which is attached hereto and
incorporated herein by reference as Exhibit "A", the parties agreed that father, your
Petitioner herein, should have primary physical custody of the child (see paragraph
vii.).
8. Since the signing of that Agreement and prior to that time; Petitioner has retained
primary physical custody of the child while affording Respondent appropriate periods
of partial custody.
9. Due to the fact that the child will be attending school beginnjng in the Fall of 2000,
Petitioner agreed for Respondent to have an extended Summer visit beginning April
19,2000 and ending on or about July 3,2000.
10. Upon securing the child for her period of visitation, Respondent hereto initiated the
above referenced divorce action, including a request for custody of the parties' child.
11. Respondent's claim for custody in her Divorce Complaint is not complete and
otherwise fails to meet the requirements of the UCCJA.
12. Both the State of West Virginia and the Commonwealth of Pennsylvania have
incorporated into their Statutes the Uniform Child Custody Jurisdiction Act
(hereinafter "UCCJA").
[",,'"
.
,
, .
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13. Pursuant to the UCCJA, Pennsylvania is the Home State of the child.
14. The child has resided in Cumberland County, Pennsylvania, since June 1998, or a
period in excess of two years.
15. Prior to that, the child resided with the parties in Hagerstown, Washington County,
Maryland, for approximately two years from June 1996 to June 1998.
16. Prior to that, from approximately July 1995 to June 1996, the child resided with the
parties in Frederick, Maryland.
17. Prior to that, from the time of the child's birth until July 1995, the parties and the child
resided in Germantown, Maryland.
18, At no time has the child's residence been in the State of West Virginia.
19. Respondent is aware that Petitioner has registered the child to begin attending school
in Cumberland County, Pennsylvania, effective for the Fall of2000.
20. Pursuant to the UCCJA, all factors relative to the appropriate jl,lrisdiction and avoiding
inconvenient forums weigh in favor of the Commonwealth of Pennsylvania, the Home
State of the child, retaining jurisdiction of this matter.
21. Petitioner initiated an action for custody in the Court of Common Pleas of Cumberland
County, Pennsylvania, on or about May 10, 2000, upon the suggestion in
Respondent's Complaint in Divorce in the above referenced action that Respondent
was going to attempt to secure custody of the parties' child, Brandon, and, more
I 'I .
I j I f
. j. ,
importantly, was going to try to claim jurisdiction of the custody proceedings in the
State of West Virginia.
22. Respondent, in her Complaint for Divorce has failed to set forth the child's place of
residence and the parties with whom the child has resided for the past five years, as is
required by the UCCJA.
23. The child's acquaintances, pediatrician, dentist, religious advisers, and all aspects of
the child's life with the sole exception of Respondent's residence, are in the
Commonwealth of Pennsylvania and not in the State of West Virginia.
24. The child was taken by Respondent in this matter for an extended visit prior to him
beginning his forma! schooling in the Fall of 2000, and fraudulently and wrongfully is
retaining custody of the child in an effort to benefit her position regarding custody
jurisdiction being in West Virginia.
25. The custody proceedings in the Commonwealth ofPennsylval)ia are docketed to No.
00-2589 Civil Term, in which action is presently pending a custody conciliation
conference that is scheduled before a Court appointed Conciliator on August 8, 2000
at 9:30 a.m.
26. Petitioner had attempted to serve Respondent with a copy of the Complaint for
Custody scheduling the Conciliation Conference in Pennsylvania, which attempt to
provide service failed due to the Respondent's refusal to pick up certified mail, a copy
of the envelope which was forwarded to Respondent being incorporated herein by
reference as Exhibit "B", identifying the fact that the certified mail document was
returned as "unclaimed".
-~-..,
I
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'. ,
27. Petitioner, through the assistance of Pennsylvania counsel, has forwarded the
necessary documents, including the Complaint for Custody in Pennsylvania, to the
appropriate sheriff department for purposes of service upon Respondent in West
Virginia.
28. Pursuant to the UCCJA, Petitioner believes and, therefore, avers that the
Commonwealth of Pennsylvania is not only the Home State of the child, but also is the
appropriate jurisdiction to determine the custody issue in this case and, more
importantly, West Virginia is an inconvenient forum for a determination of custody in
this matter.
29. Petitioner believes and, therefore, avers that the proper procedure in this matter is for
the Circuit Court of Taylor County, West Virginia, to communicate with a Judge of
the Court of Common Pleas of Cumberland County, Pennsylvania, to determine the
appropriate jurisdiction relative to custody of the child in this c~se.
30. As Petitioner is pursuing a no-fault divorce in the Commonwealth of Pennsylvania
contemporaneously with Respondent pursuing a no-fault divorce in the State of West
Virginia, Petitioner has no objection to the divorce being finalized in either state as
either state has jurisdiction over the divorce issue.
31. The custody proceedings in West Virginia should be severed from the divorce
proceedings so as to allow the divorce to be advanced and finalized despite ongoing
litigation on the custody issue.
,.
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WHEREFORE, Petitioner requests your Honorable Court to sever the custody
action initiated to the above docketed number in the Complaint in Divorce from the
divorce proceedings itself and, further, stay any further custody proceedings pending a
determination through the guidance of the UCCJA as to the appropriate jurisdiction to
determine the custody of the parties' child in this case,
Respectfully submitted,
LEON R. BAILEY, III, Petitioner
203A Mulberry Drive
Mechanicsburg, PA 17055
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ON JULY 10 TillS FAX CAME TO YOU FROM BETH LONGO, FAMILY LAW
MASTER.
FYI - PLEASE REVIEW
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07/10/2000
08:52
.
FRMILY COURT CIRCUIT 21 ~ 17172406462
NO. 027
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IN TIIE CIRCUIT COURT OF r AYLOR COUNTY, WEST VIRGINIA
IN RE the marriage of
CATHERINE BAILEY,
Petitioner
VS.
Civil Action No: OO-D-42
LEON R. BAILEY m,
Respondent
NOTICE OF RECOMMENDED ORDER
TO: Catherine Bailey
620 Anna Jarvis Drive
Grafton, WV 26354
Leon R. Bailey ill
203-A Mulberry Drive
Mechanicsburg, P A J 7055
The undersigned Family Law Master hereby recommends the enclosed order 10 the
Cirelli.l Court of Taylor County. If you wish to file objections to this decision, you must file a
written petition in accordance with the provisions of Chapter 48A-4-18 of the West Virginia
Code with in a period often days ending on July ..lL, 2000, with the Circuit Clerk of Taylor
County and send a copy to counsel for the opposing party or if the party is unrepresented., to the
party and to the Office oftha Family Law Master at P. 0, Box 454, Philippi, WV 26416.
If no written petition for review is filed by July ~, 2000, then the recommended order
will be sent to the Circuit Judge assigned [0 this case. An order which is not signed by a party, or
counsel for a party who is represented., by the end of the ten day period will still be sent to the
Circuit Judge for entry.
YOUR FAILURE TO SIGN THE ORDER AS HAVING BEEN INSPECTED OR
APPROVED waL NOT DELAY THE ENTRY THEREOF.
~t.wM_
Date: July 10, 2000
CERTIFICATE OF SERVICE
This notice, and accompanying Order, have been duly served upon the parties, or their
attorney, as designated above, by this day mailing the same to the addresses above noted.
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07/10/2000
08:52
FAMILY COURT CIRCUIT 21 7 17172406462
NO. 027
"'03
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IN THE CIRCUIT COURT OF TAYLOR COUNTY, WEST VIRGINIA
IN RE the marriage of
CATHERINE BAlLEY,
Petitioner
vs..
Civil Action No: OO-D-42
LEON R. BAllEY ill,
Respondent
ORDER
On the SUI day of July, 2000, came the Petitioner, in person but without counsel,
and came Respondent, by counsel Brad Griffie who participated by telephone, before the
undersigned Family Law Master, whereupon the Master proceeded to hear the evidence offered
by the parties and the representations of the parties in regard to the issues presented in the above
styled civil action. Upon consideration of all of which, including the pleadings heretofore filed in
this action, the undersigned Family Law Master makes the following fmdings of fact,
conclusions of law, and recommendations, to-wit:
(I) That the Petitioner has been a bona fide resident of West Virginia for more
than one year prior to the institution of this action. That the Petitioner resides in TaYlor County
and the Respondent is not a resident of West Virginia. That all requirements of service have
been met lll1d this matter is mature for hearing; therefore the Family Law Master, and the Court,
have both jurisdiction and velme over both the subject matter of this action and the parties; and
the residence requirements have been fulfilled,
(2) That the Petitioner and Respandent are each aver the age af 1 &; and that
neither is in the military service and neither is under any legal disability.
-
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07/10/2000
08:52
FRMILY COURT CIRCUIT 21 ~ 17172406462
NO. 027
~04
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(3) That irreconcilable differences exist, as set forth in the complaint and answer,
and as further described in the testimony, and the parties are entitled to a divorce on that ground;
and the Family Law Master recommends that a divorce be granted,
(4) That there was one child born of the marriage of the Petitioner and the
Respondent, namely, Brtmdon, age 5; that Brandon's home state is Pennsylvania as defined by
UCCJA. Until April, 2000 the child has lived in Pennsylvania almost exclusively since October,
1998.
(5) That the Petitioner and Respondent represented to your Master 1hat they had
resolved all matters concerning the divisiol) and distribution of marital property and debts, and
that there were no issues conceming the same; that the parties owned a vehicle at the time of
their separation, with equity of $1 ,400.00 and that the Petitioner waives any right she may have
to one half its value; and that the property settlement agreement dated the 19th day of May, 1999,
appears to be fair and equitable and the parties have agreed to its terms without any coercion and
should be ratified and approved except as to the terms regarding parenting of the child; and the
Family Law Master recommends that each party be awarded his and her property, as agreed.
(6) That alimony is knowingly waived by the parties.
WHEREFORE, upon the fmdil1gs offact, conclusions oflaw, and
recommendations of1he undersigned Family Law Master, the Col1(1: does hereby order as
follows, to-wit:
(1) That the Petitioner and Respondent be, and are hereby, divorced from the
bonds of matrimony heretofore existing between them upon the ground ofirreconciIable
differen(:es, as specified in the Petitioner's complaint and the Respondent's answer.
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07/10/2000
08:52
FRMILY COURT CIRCUIT 21 7 17172406462
NO. 027
[;105
,
(2) That each party is hereby awarded the property in his or her possession and as
agreed by the parties; and the Court hereby ratified and confirms the property settlement
agreement dated the 19th day of May, 1999 except as to the terms regarding parenting of the
child..
(3) That the Clerk of this Court is hereby directed to prepare certified copies of
Illis order and deliver the same to the parties named in this action, by man, at the addresses
indicated on the attached Notice of Recommended Order and also to the Bureau of Child Support
Enforeement and to dismiss this case from the pet1ding docket of this Court.
ENTER:
Judge
NDED this 10thday ofJuly, 2000:
1217/1121/2000 08:52 FAMILY COURT CIRCUIT 21 7 17172406462
.
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LEON R BAlLEY, III,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
CATHERINE M. BAlLEY,
Defendant
NO, 00-2589 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE
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I confirm that I did this :> day of , 'l/.::) U-;'\ ( , 2000, hand
deliver a certified and true copy of the Order of Court dated July 7, 2000, which is
attached hereto, to the Defendant, Catherine M. Bailey, at ,l~ f'c.s/e1e..->~&'
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Sworn and subscribed
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LEON R. BAILEY, III,
Plaintiff'
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CATHERINE M. BAILEY,
Defendant,
CIVIL ACTION - LAW
: NO. 00-2589 CIVIL TERM
: IN CUSTODY
ORDER OF COURT
AND NOW, this '1f1... day of ~ ' 2000, upon presentation
and consideration of the within Petition, IT IS HEREBY ORDERED AND DIRECTED
that Defendant, Catherine M. Bailey, shall appear, together with the child, for the
conciliation conference scheduled in this matter for August 8, 2000 at 9:30 a.m. so that
the Court of Common Pleas of Cumberland County can determine the issue of custody of
the parties' child, Brandon Bailey, born March 31, 1995. ' b-..L"t'..n-J::::. J 1_.-1-
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LEON R. BAILEY, III,
Plaintiff
v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CATHERINE M. BAILEY,
Defendant
NO. 2000 - 2589 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this I '1-1h day of August, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
I.
A hearing is scheduled in Courtroom No.5 of the Cumberland County Courthouse
on the "..,n day of 7:>,I"./' W1htA.. , 2000, at 9: (} Q ,
A-.M. at which time testimony will be taken in the above case. At this hearing, the
Father, Leon R. Bailey, III, shall be the moving party and shall proceed initially
with testimony. Counsel for the Father and the Mother, or her attorney should she
retain an attomey in advance of the hearing,. shall file with the Court and opposing
counsel a memorandum setting forth the history of custody in this case, the issues
currently before the Court, a summary of each parties position on those issues, a list
of witnesses who will be called to testify, a summary of the anticipated testimony of
each witness and a proposed custody arrangement. lbis memorandum shall be fIled
at least 5 days prior to the mentioned hearing date.
2.
Pending further Order of this Court, the following temporary custody Order is
entered:
A. The Mother, Catherine M. Bailey, and the Father, Leon R. Bailey,
III, shall enjoy shared legal custody of Brandon Michael Bailey, born
March 31, 1995.
B. The Mother shall continue to enjoy custody of the minor child until
August 19th. The parties shall work out an agreement whereby they
exchange custody of the minor child on August 19th at a halfWay
point between Mother's home in West Virginia and Father's home in
Mechanicsburg.
C. Father shall enjoy physical custody of the minor child from August
19th to the beginning of the school year and Father is authorized to
proceed with registering the minor child in the Mechanicsburg
school district.
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D. In the event a permanent Custody Order is not entered prior to the
Thanksgiving holiday, Mother shall enjoy custody of the minor child
over the Thanksgiving holiday from Friday morning through
Monday with the parties exchanging custody at a halfway point. The
parties may, by agreement, modify this schedule if they so desire.
E. In the event Mother retains counsel and Mother's new counsel
believes this matter can be resolved through the efforts of another
Custody Conciliation Conference, Mother's counsel may contact the
Custody Conciliator to initiate a second Conciliation Conference at
which time it may not be required for the Mother to travel from West
Virginia.
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Edward E. Guido
cc:
Bradley 1. Griffie, Esquire
Catherine M. Bailey
620 Anna Jarvis Drive
crrafton, WV 26354
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LEON R. BAILEY, III,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
CATHERINE M. BAILEY,
Defendant
NO. 2000 - 2589 CIVIL
IN CUSTODY
Prior Judge: Edward E. Guido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
19l5.3-8(b), the undersigned Custody Conciliator submits the following report:
I. The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Brandon Michael Bailey, born March 31, 1995.
2. A Conciliation Conference was held on August 8, 2000, with the following individuals in
attendance:
The Father, Leon R. Bailey, III, with his counsel, Bradley L. Griffie, Esquire; and the
Mother, Catherine M. Bailey, who appeared without counsel.
3. The parties separated in approximately May of 1998. There is a dispute with respect to how
much time the Mother has had custody of the minor child since separation. Over the past 27
months, Mother's position is that she has custody approximately II months. The Father's
position is that he has been the primary custodian and that Mother has only seen the child
approximately 5-7 months over the last 27 months. Also, the parties signed a marital
settlement agreement in May of 1999 which provides for shared legal custody but also
provides that the Father would have primary physical custody of the child.
4. Mother suggests that she has acquiesced to the Father's demands over the past two years
primarily because she cannot afford legal representation. She indicated she desired more
time with the child but that the Father was not agreeable. Father suggests that he has been
the primary custodian and that the Mother agreed to the status quo.
5. Earlier this summer, Mother initiated a divorce complaint in West Virginia where she
resides and included in that complaint a count for custody. The Cumberland County Court
and the West Virginia judicial offices conferred and West Virginia has declined to exercise
jurisdiction in this particular case.
6. Mother has had custody of the minor child since May, but Father suggests that there was an
agreement to have the child returned in early July. Mother has not done so.
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7. The big issue at this time is where the child should start school. Mother has registered the
child to start school in West Virginia and Father has also registered the child in
Pennsylvania. Based upon the marital settlement agreement which acknowledges Father
having primary physical custody and based upon the limited information the Conciliator
received at the Conciliation Conference with respect to the status quo, it is the Conciliator's
feeling that the status quo reflects Father having primary physical custody of the minor
child. For that reason, the Conciliator recommends that the child should initially start school
in Pennsylvania subject to the Court reconsidering this issue after a formal hearing on the
merits. The Conciliator recommends that the child remain with the Mother until a period of
time before school would start in light of the fact that Mother may not have much time with
the minor child during the fall if the child is attending school.
8. The Conciliator recommends the entry of an order in the form as attached.
'2/9/0tJ
DATE
C1ff
Hubert X. Gilroy, Esquire
Custody Conciliator
, Ir.
Jr
Bradley L. Griffie, Esquire
Marylou Matas, Esquire
GRIFFIE & ASSOCIATES
Attorneys and Counselors At Law
100 North Hanover Street
CadIsIe, PA 17013
(717) 243-5551
1(800)347-5552
Robin J. Goshorn
LegalAsststal1t
Reply to: Carlisle
December 7, 2000
38 North MaIn_
Cbambenllurg, PA 17101
(717) 267-1350
F..(717)~
The Honorable Edward E. Guido
4th Floor, Judges' Chambers
CUIllberland County Courthouse
Carlisle, P A 17013
RE: Bailey vs. Bailey
No. 2000-2589 Civil Term
Dear Judge Guido:
The record in this action reflects that I represent Leon Bailey, the Plaintiff. The
opposing party, Catherine Bailey, who resides in West Virginia, has indicated to our office
that she is not securing legal counsel {(;IT this matter.
I just received correspondence from Ms. Bailey to my office indicating that she and
Mr. Bailey have come to an agreement, as my client recently suggested to me.
Unfortunately, the parties do not yet have a signed Agreement and, therefore, the
hearing, which is presently scheduled for Monday, December II, 2000, to begin at 9:00
a.m., will need to be continued in order to give us sufficient time to prepare our formal
written document and secure the parties' signatures.
My understanding from Ms. Bailey's correspondence to me and her comments to
Mr. Bailey is that she does not intend to appear on Monday. Quite frankly, I am not sure
she understands the repercussions of failing to appear Monday, which is why I am
requesting a continuance rather than proceeding in her absence.
Therefore, at this point, I respectfully request that we have this hearing continued
to a later date. We do want a date set, rather than a general continuance, to assure that a
comprehensive Agreement is ultimately signed by the parties and presented to the Court.
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As the moving party, we request that this matter be continued.
BLG/rjg
cc: Leon R. Bailey, ill
Catherine M. Bailey, Pro Se
VIA FACSIMILE & US MAIL
Very truly yours,
~~d~~00
Bradley L. Griffie
_,,-J_".'h"" " ,"_"
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12 08 2000 11:28RM FROM GRIFFIE & RSSOCIRTES
TO
2406462 P.02
....
GRIFFIE & ASSOCIATES
Attorneys and Counselors At Law
I, ,
Bradl.h- 1. Griffie, &quire
MJlou M:ltas, ~Qquire
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'Robin J. GosbOnl
I LRgal A.s.r14lan(
Reply", cariiolc
December 7, 2000
200Norih__
. C..-,PA 110U
(717) l<G-SSSl
. 1(800)347-5551
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(];ambo......... PA 1720,
(717) 167-1350
F.. (717) 243-S063
The Honorable Edward E, Guido
4'" Floor,Judg~' Chambers
Cumberland County Courthouse
Carlisle, ~A 17013
RE: Bailey vs. Bailey
No. 2000-2589 Civil Term
Dear; judge Guido:
The record in this action reflects that I represent Leon Bailey, the Plaintiff. The
opp<:>sing party, Catherine Bailey, who resides in West Virginia, has indicated to our office.
that she is not securing legal counsel for this matter.
. i I just reCeIved correspondence from Ms. Bailey to my office indicating that she and
Mr,. Bailey have come to an agreement, as my client recently suggested to me.
Unfortunately, the parties do not yet have a signed Agreement and, therefore, the
hearing, which is presently scheduled for Monday, December 11, 2000, to begin at 9:00
i a.Ill) will need to be continued in order to give us sufficient time to prepare our fonnal
written document and secure the parties' signatures.
My underStanding from Ms. Bailey's correspondence to me and her conunents to
Mr. Bailey is that she does not intend to appear on Monday. Quite frankly, I am not sure
she understands the repercussions of failing to appear Monday, which is why I am
requesting a continuance rather than proceeding in her absence.
Therefore, at this point, I respectfully request that we have this hearing continued
to a later date. We do want a date set, rather than a general continuance, to assure that a
comprehensive Agreement is ultimately signed by the parties and presented to the Court.
~-
12-08-2000 11:28RM FROM GRIFFIE & RSSOCIRTES
, '
TO
...
AS the moving party, we request that this matter be continued.
BLGlIjg
cc:Leon R.Bailey, m
Catheririe M. Bailey, Pro Se
VIA FACSIMILE & US MAIL
Very truly yours,
~~{;/~uJ
Bradley L. Griffie
2406462 P,03
TOTRL P,03
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12-08-2000. 11:27AM
FROM GRIFFIE & ASSOCIATES TO
2406462
P.01
...
. GRIFFm & ASSOCIATES
Attorneys and Counselors At Law
, ,..-
lradley L Griffie, Esquire
Marylou M"laS,. Esquire
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%OOl'llorth.~9treI:t
0vII0I00. p" 11013
. (711) 143-SSS1
. 1(800)341-$5$1
Sobia J. Go.,bOnl
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CQNFIDENIIt\LITX NOTICE
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(711) Ui7.IJSO
F..: (17) 243-51'<>'
THIS FACSIMILE TR.AJ.'fSMISSION IS INTENDED ONLY FOR THE
USE OF THE INDNIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, .
A,ND MAY CONTAIN' CONFIDENTIAL INFOR.\1ATION BELONGING TO
THE SThTIER WHICH [S PROTECTED BY ATTORNEY-CLIENT
PRIV1LEGE; IF YOU ARE NOT THE INTEJ:'.iDED RECIPIENT, YOU ARE
HEREBY . NOTIFIED THAT AJ.W DISCLOSIJRE, COPYING,
DISTRIB'U'TION, OR THE TAKING OF ANY ACTION IN RELIANCE ON
THE CONTENTS OF THIS INFORMATION IS STRICn Y PROHIBITED. IF .
YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE
IMMEDIATELY NOTIFY US BY TELEPHONE TO ARRAi'\IGE FOR THE .
RETURN OF THE DOCUMENTS.
FAX NO,:
)."/0 -0t/1A~
COMPAl'\lY: .
ATTENTION, -:1: Jr .Lf" ;-i.
DATE TRAi'l'SMI : /:J. ~rt-tJf)
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TThfE TRAi'\ISMITrED:
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~'UMBER OF P ~GES (including cover page): 3
SElmER: ~~
SUBJECTIMESSAGE:
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Original documents wilVwill not follow by U.S. Mail
LEON R. BAILEY, ill,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CATHERINE M. BAILEY,
Defendant,
: CIVIL ACTION -LAW
: NO. 2000-2589 CIVIL
: IN CUSTODY
ORDER OF COURT
AND NOW, this "JI'h day of ~ .2000, IT IS HEREBY
ORDERED AND DIRECTED that the custody hearing in the above captioned matter
scheduled for Monday, December 11, 2000, at 9:00 a.m. is hereby continued to
f~ . the 11~ day of -h . 200~ at ~:3/)
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GRIFFIE & ASSOCIATES
Attorneys and Counselors At Law
JAN 12 2001
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
1(800)347-5552
Bradley 1.. Griffie, Esquire
Marylou Matas, Esquire
Robin J. Goshorn
LegalAss;stant
. Reply to: CarlIsle
January 18, 2001
38 North MaIn Street
Chamberslnu-g,PA 17201
(717) 267-1350
Fax (717) 243-5063
The Honorable Edward E. Guido
41h Floor, Judges' Chambers
Cumberland County Courthouse
Carlisle, P A 17013
: Bailey vs. Bailey
No. 2000-2589
Dear Judge Guido:
Please be advised that we have received a faxed copy of a signed Agreement from
the Defendant in the above captioned matter. The faxed correspondence suggests that she
has forwarded that to us and, therefore, we anticipate, since she lives in West VIrginia, we
will receive this within the next few days. Upon receipt of the signed Agreement, I will
have my client stop by to sign the document and we will process that through your office.
We had previously notified your office that the hearing scheduled in this matter for
Friday, January 19, 2001, could be continued solely for purposes of allowing us to present
the signed Agreement when it is completed as suggested above.
Your attention and courtesy are appreciated.
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cc: Leon R. Bailey, ill
Catherine M. Bailey, Pro Se
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VIA FACSIMILE & US MAlL
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LEON R. BAILEY, III,
Plaintiff
FEB 1 2 ZOOI
: IN THE COURT OF COMMON PLEAS OF or
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
CATHERINE M. BAILEY,
Defendant
: NO. 2000-2589 CIVIL TERM
: IN CUSTODY
ORDER OF COURT
AND NOW, this I~ day of
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, 200l, upon presentation and
consideration of the within Custody Stipulation and Agreement, it is hereby ordered and directed
that the aforementioned Stipulation and Agreement is an Order of Court and all prior Orders in
this case relative to custody are hereby vacated.
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Bradley L. Griffie, Esquire
Attorney for Plaintiff
Catherine M. Bailey, Defendant,pro se
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LEON R. BAILEY, III,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
CATHERINE M. BAILEY,
Defendant
: NO. 2000-2589 CIVIL TERM
: IN CUSTODY
CUSTODY STIPULATION & AGREEMENT
THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set
forth, by and between LEON R. BAILEY, III, (hereinafter referred to as "Father") and
CATHERINE M. BAILEY, (hereinafter referred to as "Mother").
WHEREAS, the parties are the natural parents of one child, namely BRANDON
MICHAEL BAILEY, born March 31, 1995, (hereinafter referred to as "Child"); and
WHEREAS, the parties live separate and apart, and wish to enter into an comprehensive
stipulation and agreement relative to physical and legal custody oftheir Child.
NOW THEREFORE, in consideration of mutual covenants, promises and agreements as
hereinafter set forth, the parties stipulate and agree as follows:
1. The parties shall have shared legal custody ofthe child.
2. Father shall have primary physical custody of the child.
3. Mother shall have periods of partial physical custody with the child on the following
schedule:
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a.) During one weekend per month from the period of 6:00 p.m. Friday evening until
6:00 p.m. on Sunday evening with Mother providing Father with no less than
seven (7) days written notice of her requested weekend. Father will not
unreasonably withhold his consent to Mother's weekend requests. It is
specifically understood that this period shall not conflict with any vacation or
holiday schedule set fOIth below;
b.) At other times as the parties may agree;
4. In the event that Mother's weekend period of partial custody coincides with a
regularly scheduled school holiday and Mother is off from school for the same
holiday, Mother's weekend of partial custody shall include the Friday before her
weekend or the Monday after her weekend, as the case may be, adjusting the pick up
time to 6:00 p.m. on Thursday evening or the return time to 6:00 p.m. on Monday
evening, respectively.
5. During the Christmas holiday season the parties will alternate physical custody of the
child between the following periods:
a.) From 6:00 p.m. on the last day of school for the child before the Christmas/New
Year's break begins until 12:00 p.m. noon on December 26th;
b.) From 12:00 noon on December 26th until 6:00 p.m. on the evening of the last day
ofthe child's school Christmas/New Year's break.
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Father will have the first period set forth above and Mother will have the second
period set forth above in 2000 and all even numbered years. Mother will have the
first period set forth above and Father will have the second period set forth above in
2001 and all odd numbered years.
6. During the Thanksgiving Holiday, the child shall be with Father from 6:00 p.m. on
the last day of school prior to Thanksgiving until 6:00 p.m. on Sunday evening
following Thanksgiving in the year 200 I and all odd numbered years. Mother shall
have this same period for the year 2002 and all even numbed years.
7. During the Easter holiday season, Father shall have physical custody of the child
from 6:00 p.m. on the last day of school before the Easter/Spring break until 6:00
p.m. on the last day of the Easter/Spring school break in the year 2001 and all odd
numbered years thereafter. Mother shall have the child for this same period for the
year 2002 and all even numbered years thereafter.
8. Mother shall be entitled to forty-two (42) days of vacation each summer during the
child's summer break from school. Mother shall provide Father with notice of the
forty-two (42) day period she wishes to exercise custody by no later than May 1 of
each year. Under all circumstances, the child must be returned to Father's physical
custody by no later than two weeks prior to the begiuning of each school year.
Mother shall exercise this forty-two (42) day period as six consecutive weeks. In the
event that Mother does not otherwise designate a vacation period by May I of each
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year, she shall have her summer vacation period from 6:00 p.m. on June 15 of each
year until 6:00 p.m. on July 27 of each year.
9. During the forty-two (42) days of physical custody during the summer vacation
months, as described above, Father shall be entitled to have Brandon in his physical
for two (2) weekends beginning at 6:00 p.m. on Friday evening and ending at 6:00
p.m. on Sunday evening by giving notice of those requested weekends by no later
than June 1 of each year and by Father providing all transportation associated with
this period of partial custody.
10. The child shall always be with the Father on Father's Day weekend and shall always
be with Mother on Mother's Day weekend with those periods extending from 6:00
p.m. on the Friday before the respective holiday until 6:00 p.m. on the holiday.
11. Mother shall be responsible for all transportation associated with her periods of
partial custody set forth above.
12. In the event Father intends to relocate the child from the Commonwealth of
Pennsylvania, he must give Mother no less than ninety (90) days notice of his
intention to do so.
13. The parties will keep each other advised immediately relative to any emergencies
concerning the child and shall further take any necessary steps to ensure that the
health and well being of the child are protected. During such illness or medical
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emergency, both parents shall have the right to visit the child as often as he or she
desires consistent with the proper medical care of the child.
14. Neither parent shall do anything which may estrange the child from the other party,
or injure the opinion of the child as to the other party, or which may hamper the free
and natural development of the child's love or affection for the other party.
15. Any modification or waiver of any of the provisions of this Agreement on a
permanent basis shall be effective only if made in writing, and only if executed with
the same formality as this Stipulation and Agreement.
16. The parties desire that this Stipulation and Agreement be made an Order of Court of
the Court of Common Pleas of Cumberland County, Pennsylvania, and further
acknowledge that the Court of Common Pleas of Cumberland County, Pennsylvania,
does, in fact, have jurisdiction over the issue of custody of the parties' minor child,
who has resided in Cumberland County, Pennsylvania, since June 1998. The Court
of Common Pleas of Cumberland County shall retain such jurisdiction should
circumstances change and either party desire or require modification of the Order
resulting from this Agreement.
17. The parties agree that in making this Agreement, there has been no fraud,
concealment, overreaching, coercion, or other unfair dealing on the part of the other
party .
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18. The parties acknowledge that they have read and understand the provisions of this
Agreement. Each party acknowledges that the Agreement is fair and equitable and
that it is not the result of any duress or undue influence.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms
hereof, set forth their hands and seals the day and year hereinafter mentioned.
WITNESSETH:
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LEON R. BAILEY, III
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CATHERINE M. BAILEY
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COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
On this ~ day of Rbman;
, 200~, before me, the undersigned
officer, personally appeared LEON R. BAILEY, III, known to me (or satisfactory proven) to be
the person whose name is subscribed to the within Agreement and acknowledged that he
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
- . . Notarial Seal
KariSa J. Lehman, Notary Public
Ca/l!Slll!loro, CUmberlBnd County
My Com~slon Expires Aug.l!5, 2003
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STATE OF WEST VIRGINIA
COUNTY OF cm~
On this /7~ay of J)~, 200/ , 2000, before me, the undersigned
officer, personally appeared CATHERINE M BAILEY, known to me (or satisfactory proven) to
be the person whose name is subscribed to the within Agreement and acknowledged that she
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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