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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
JOHN D. BAXLEY,
Plaintiff
NO. 97-5605 CIVIL TERM
DONNA J. BAXLEY,
Defendant
CIVIL ACTION. CUSTODY
ORDER
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AND NOW this j'/J1. day of I ~,(',.,~ /,,~
, 1997, it being reported
to the Conciliator that the parties have reached an agreement which makes further
proceedings unnecessary. the undersigned Con::i1iator hereby relinquishes
jurisdiction and returns the matter to the Court Administrator. If either of the
parties wishes further proceedings in this action. they should petition the Court
anew.
FOR THE COURT,
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MICHAEL L. BANGS
Custody Conciliator v
cc: James D. Flowsr, Jr., Esquire
Family Law Clinic
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
JOHN D. BAXLEY,
Plaintiff,
DONNA J. BAXLEY,
Defendant.
NO. 97.
AND NOW comes Petitioner, JOHN D. BAXLEY, Plaintiff In this custody action, by
and through his attorneys, FLOWER, MORGENTHAL, FLOWER & LINDSAY, and makes the
following motion for special relief:
1. Petitioner Is Plaintiff in this action, JOHN D. BAXLEY, an adult individual,
residing at 1828.9 Millwood Pike, Winchester, Virginia 22602.
2. Respondent is Defendant in this action, DONNA J. BAXLEY, an adult
individual, residing 406 Hillside Street, New Cumberland, Cumberland County, Pennsylvania.
3. Contemporaneous with the filing of this Petition for Special Relief, Plaintiff has
filed a custody action, seeking primary physical custody of his son, JOHN D. BAXLEY, JR., age
4 years.
4. It Is believed that 110 formal Court Order for custody exists. In the context
of a divorce between the parties, they signed a property settlement Agreement which provided
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in part that Respondent/Defendant would have primary physical custody of the child and that
Plaintiff/Petitioner would have flexible rights of partial custody, not less frequent than ona
weekend per month.
5. Plaintiff has commenced this custody action in part because of fear for his
son's health relating to a serious and chronic asthma condition, which is aggravated by the
smoking of Respondent/Defendant and others in their home, and as a result of the expressed
intention of Respondent/Defendant to move to New York with the child in late October.
6. Respondent/Defenda;lt and other members of her family have told Plaintiff
that when she moves to New York, he will never see his son again.
WHEREFORE, Petitioner requests that Respondent be directed not to remove the
child in question from the Commonwealth until the merits of the case may be heard.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff/Petitioner
By: 4k.L-<, UJ
James D. Flower, Jr., Esq e
10 # 27742
11 East High Street
Carlisle, PA 17013
(717) 243-5513
Date: to-tO -q7
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I, JOHN D. BAXLEV, Plaintiff/Petaioner, \he undersigned, hereby verify that the
statements mode herein ere true ena correct. I \.Inderstand lhatlalse statements herein sre
made subject to tile penaldes ot 18 Pa, C.S. 0 4904, relatlng to un$worn talsitlcaUon to
pl)lhor;lies.
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; IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION LAW
Plaintiff
V
. \:)C.c"IrV-' ,J' Ga)l.\c......, : NO, S~t>S CIVIL 19C1l
Defendant : CUSTODYNISITATION
ORDER OF COURT
AND NOW, this .J.h day of cr k)b(" ( ,upon consideration of the attached complaint,
It Is hereby directed that the parties and their respective counsel aPCear before
~~["\ L. ro"3'.."I=:\Cl,,' theconciliator,at :,\J~ ~, \&X\'\~~'J crnptlJ\)
, on the \3 day of llilC:r<'\b,-r , 19cn , at 10',00 A,M., for a
Prehearlng 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 the court, and to enter Into a temporary order. All children age five or older may also
be present at the conference. Failure to appear at the conference may provide grounds
for entry of a temporary Oi' permanent order.
FOR THE COURT:
By:11I;C~o Q rCR~ eM ,
Custody Conciliator ("t\::>':'j ~
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 FOR BELOW TO FINS OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE, PA 17013
(717) 240-6200
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vs.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - IN CUSTODY
NO. 97 - .5'1. 0 ~ G,-u I ( ~/V1")
IN CUSTODY
JOHN D. BAXLEY,
Plaintiff,
DONNA J. BAXLEY,
Defendant.
AND NOW, upon consideration of the attached Petition, it is hereby directed that
the parties and their respective counsel appear before HUBERT X. GILROY, ESQUIRE, the
Conciliator, on the day of , 1997, at o'clock
_.m.,in '
Cumberland County, Pennsylvania, 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.
All children age five or older shall also be present at the Conference. Failure to appear at the
Conference may provide grounds for the entry of a Temporary or Permanent Order.
BY THE COURT,
Custody Conciliator
Date:
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT ~.FFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator, Fourth Floor
Cumberland County Court House
Carlisle, Pennsylvania 17013
(717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court 01 Common Pleas 01 Cumberland County. Pennsylvania. Is required by law to comply wtth the
Americans whh Dlsabllllles Act 01 1990. For Informallon about accessible facilllles and reasonabls accommodatlona
available to disabled Individuals having business before Ihe court. please contact our office. All arrangements must
be made at least 72 hours prior to any hearing or business belore the Court.
BY THE COURT:
Date:
J.
c \wp&l\JIJfJHOnCSIHAXLEY C\J9
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. IN CUSTODY
NO. 97. ~(,()~ (?,~.d~A.,
IN CUSTODY
JOHN D. BAXLEY,
Plaintiff,
DONNA J. BAXLEY,
Defendant.
.c..o.MPLAI.NLFOR CUSTODY
1. The Plaintiff Is JOHN D. BAXLEY, an adult individual, residing at 1828.9
Millwood Pike, Winchester, Virginia 22602.
2. The Defendant i3 DONNA J. BAXLEY, an adult individual, of 406 Hillside
Street, New Cumberland, Cumberland County, Pennsylvania.
3. The Plaintiff seeks custody of the following child, JOHN D. BAXLEY, JR.,
born November 25, 1992, age 4 at the time of the filing this Complaint, presently residing at 406
Hillside Street, New Cumberland, Cumberland County, Pennsylvania.
The child was not born out of wedlock. The child is presently in the custody of
Defendant, DONNA J. BAXLEY, who resides at 406 Hillside Street, New Cumberland,
Pennsylvania. During the past five years, the child has resided with the following persons and
at the following addresses. For the past two years, the child has resided in a household with
his Mother, Defendant DONNA J. BAXLEY, Jeff Wrightstone, and Shane Espenshade, age 16
years, and a child named Alex, age 15 years. For one year prior to that, the child resided with
the same individuals set forth above, but at 134 Meadowbrook Road, New Cumberland, York
c Iwp61UOfJIlUOCSIUAXLEY ClJS
County, Pennsylvania. For two years prior to that and from his birth, the child resided with his
parents, JOHN D. BAXLEY, Plaintiff, and DONNA J. BAXLEY, Defendant, at Third Street, New
Cumberland, Pennsylvania.
The mother of the child is DONNA J. BAXLEY, currently residing at 406 Hillside
Street, New Cumberland, Pennsylvania. She is divorced.
The father of the child is the Plaintiff, JOHN D. BAXLEY, currently residing at 1828-
9 Millwood Pike, Winchester, Virginia 22602. He is divorced.
4. The relationship of the Plaintiff to the child is that of natural father. The
Plaintiff currently resides with the following persons: His friend, Cathy J. Carl, and her two
children, Heather Adkins and Brandon Carl.
5. The relationship of the Defendant to the child is that of natural mother. The
Defendant currently resides with the following persons: The child in question, JOHN D.
BAXLEY, JR., Jeff Wright stone, Shane Espenshade and a child whose's first name is Alex.
6. Plaintiff has not participated as a party or witness, or in any other capacity
in other litigation concerning the custody 01 the child in this or another jurisdiction. Based upon
an agreement between the parties, however, it was agreed that Defendant would have primary
physical custody of the child, and Plaintiff would have flexible rights of physical custody, but no
less than one weekend per month. An unsigned copy of said agreement is attached hereto as
Exhibit "A".
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7. The Plaintiff has no information of a custody proceeding concerning the child
pending in 8 Court of this Commonwealth.
8. The Plaintiff does not know of a person not a party to the proceedings who
has physical custody of the child or claims to have custody or visitation rights with respect to
the child.
9. The best interest and permanent welfare of the child will be served by
granting the relief requested for the following reasons:
a) The Defendant plans to move from the Commonwealth of
Pennsylvania to the State of New York, which will render visitation between Plaintiff and his son
materially more difficult;
b) The Defendant and other members of her family have told Plaintiff that
once she moves he will never see the child again, affirmatively indicating a desire to frustrate
Plaintiff's lawful right to help raise his son.
c) The child in question has a chronic asthma condition which is
aggravated by being around people who smoke cigarettes. The condition is sufficiently severe
that he has required emergency hospital treatment several times for it. In spite of the awareness
that smoking aggravates the child's asthma, Defendant to continues to smoke in her home, and
to allow others to smoke in her home, to the serious detriment of the health of the child;
d) It is believea that Defendant's household is in other ways unsafe or
unwholesome for the child.
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10. Each parent whose parental rights to the child have not been terminated and
the person who has physical custody of the child have been named as parties to this action.
No other persons are known to have or claim a right to custody or visitation of the child.
WHEREFORE, the Plaintiff requests this Court to grant primary physical custody
of the child to him.
Respectfully submitted,
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
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Date: 10- I o-LD
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I, JOHN D. BAXLEV, ll'.e u"ders,gned, hereby verily thl! 111. sla:ements msoe I
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hertln ar. true &rid corrllCt I understar1d 1/18t lals. atatemsnts herein Ir. made t!lubJ,cr 10 11':. I
penaltieS 0' 18 PI. C.S. I 4904. rslallng 10 unsworn 18Is,flca~o" 10 authorities.
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JOHN D. BAXLEY,
PLAINTIFF
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - IN CUSTODY
v.
DONNA J. BAXLEY,
DEFENDANT
.
.
NO. 97-5605 CIVIL TERM
PRAECIPE TO ENTER APPE~
To the prothonotary:
Please enter the appearance of the Family Law Clinic on behalf
of Donna J. Baxley, the Defendant in the above captioned matter.
O~17
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Dawn L. Lis
certified Legal Intern
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ROBERT E. RAINS
THOMAS M. PLACE
KATHERINE C. PEARSON
Supervising Attorney
DONALD MARRITZ
staff Attorney
FAMILY LAW CLINIC
45 North pitt Street
Carlisle, PA 17013
717/243-2968
717/243-3639
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - IN CUSTODY
JOHN D. BAXLEY,
PLAINTIFF
DONNA J. BAXLEY,
DEFENDANT
NO. 97-5605 CIVIL TERM
CERTIFICATE OF SERVICE
I, Dawn L. Lisi, certified Legal Intern, Family Law Clinic,
hereby certify that I am personally serving a true and correct copy
of Praecipe to Enter Appearance on Plaintiff's attorney, James D.
Flower, at 11 East High Street, Carlisle, PA, 17013 this 17th day
of October, 1997.
~~~.?tt~
Dawn L. L s
Certified Legal Intern
THE FAMILY LAW CLINIC
45 North pitt street
Carlisle, PA 17013
(717) 243-2968
JOHN D. BAXLEY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COtJ.'ITY, PENNSYLVANIA
CIVIL ACTION - IN CUSTODY
v.
DONNA J. BAXLEY,
DEFENDANT
NO. 97-5605 CIVIL TERM
CUSTODY AGREEMENT
And now I this .,. <lay of Jctober, 1991, come the par~ies to
this matter, Donna J. Baxley, (hereinafter "Mother"), and John D.
Baxley, (hereinafter "Father"), both being represented by their
respective counsel, enter into the following Agreement with regard
to custody of their son, John Douglas Baxley, Jr. (hereinafter
"Child"):
1) Mother and Father shall have shared legal custody of the
child.
2) Mother shall have primary phyaical custody of the child,
~'.'t.tc!'\ she rt::!.~. g>:e=~ise in S~:lf~rct, N'?v! '(~rk
3) Mother will make the child availaJ:~.c for a weekend period
of partial custody with his father each month. The visits will
last from Friday evening to Sunday aI'ternoon, at; a time mutually
agreed upon by the parents.
This will be accomplis!1e-! by the
father calling the mother the first week of each month to set a
mutually agreed upon weekend for the visit. Mother will assume
transportation responsibilities for the child to and from the
Harrisburg area for visits.
4) t'ather will enjoy a total of six \!-.'"ko;> cf p'll'"ti:l .::u;;;tc~lr
during the summer. The parties will cooperate in Getting times for
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summer partial custody.
5) provi~ing the child has at least two weeks vacation over
the Christmas/New Year holiday period, Father will enjoy one week
of partial custody. The week will alternate every other year, so
that the child will spend Christmas Day with each parent every
If vacation is less than two weeks, partial custody
other year. shall be for one half of that period.
6) The child will spend the Thanksgiving holiday with father
and mother on an alternate year basis. The year th~t the child
spends Thanksgiving Day with his father, he will spend Christmas
Day with his mother.
7) Mother acknowledgss that father will incur additional
expenses to exercise partial custody by virtue of the child's move
to New York, specifically father's anti~ipated motel stay once a
month in Cumberland County. In any month in which father incurs
motel expenses to exercise partial custody of the child, or
excercises partial custody for two weeks or more, mother shall pay
father $100 either directly, or as an offset. against his child
support obligation.
a) Father shall agree to provide mother with the child's
medical insurance cards and policy numbers on a timely basis.
9) Mother will provide father with the child's doctor's name
and sign a release, to aid in father obtaining information about
his child's health.
10) Neither mother or father will speak ill of the other
parent or do anything to alienate the child from the other parent.
11) The parties shall make the child reasonably available fot'
telephone calls when they have custody.
12) This agreement is intended to sup.,rseed all prior
agreements and orders regarding custody of the child.
13) The parties intend that this agree:nent be entered as an
Order of Court.
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Jp" D. Baxley
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Dawn L. ' s .'
Certified Legal Intern
Jy~1 Pl~t
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Robert E. Rains
Katherine C. Pearson
SUPERVISING ATTORNEY
Donald Marritz
STAFF ATTORNEY
Counsel for Mother
Flower, Morgenthal, Flower
& Lindsay
11 East High street
Carlisle, PA 17013
(il7) 243-5513
I.D. No. 27742
FAMIL~ J.AW ~L!NIC
45 North pitt street
Carlisle, PA 17013
(717) 243-29611
Fax: (717) 243-3639
Approved and Entered as an Order of Court.
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JOHN D. BAXLEY,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. IN CUSTODY
vs.
DONNA J. BAXLEY,
Defendant.
NO, 97 - 5605 CIVIL TERM
IN CUSTODY
AND NOW, upon consideration of the attached Pelilion, it Is hereby directed that
the parties and Iheir respeclive counsel appear before tv\\(I\CIr-\ L. ~~.::, I ~. ,
Ihe Conciliator, on the ~-c; da~ of ~: l"~ '~ t \ \. 00
o'clock .-S;L.m., in )<J S, \ R ~ ,\ ) (fJT'l"i1 t-t-; \ \, - ,
Cumberland County, Pennsylvania, for a pre.hearing custo y conference. At such conference,
an effort will be made to resolve Ihe issues in dispute: or if Ihis cannot be accomplished, to
define and narrow the issues to be heard by the Court, and to enter into a Temporary Order,
All children age five or older shall also be present at the Conference. Failure to appear at the
Conference may provide grounds for the enlry of a Temporary or Permanent Order.
BY THE COURT,
Dale: ~/1c:A9g
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Custody Conciliator lib:,!
YOU SHOULD TAKE THIS PAPER TO YOUR LAWVER AT ONCE. IF YOU DO NOT
HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator, Fourth Floor
Cumberland County Court House
Carlisle, Pennsylvania 17013
(717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County. Pennsylvania, is required by law to comply whh lhe
Americans with Disabilities Act 011990. For Information about accessible facilities and reasonable accommodations
available to disabled Individuals having business before the court. please contact our office. All arrangements must
be made at least 72 110urs prior to any hearing or business before the Court.
BY THE COURT:
Date:
J.
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JAN 0 5 199atP
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COll,IT'i.. PC:-lNSYLVANIA
CIVIL ACTION - IN CUSTODY
JOliN D. BAXLEY,
PLAINTIFF
DONNA J. BAXLEY,
DEFENDANT
NO. 97-5605 CIVIL TERM
CUSTODY AGREEMENT
Ana now, this
0ay of Jctober, 1931, come the par~ies to
this matter, Donna J. Baxley, ihereinaf+:3r "Mo:'lthor"), and John D.
Baxley, (hereinafter "Father"), both being represented by their
respective counsel, enter into the following Agreement with regard
to custody of their son, John Douglas Baxley, Jr. (hereinafter
"child"):
1) Mother and Father shall have shared legal custody of the
child.
2) Mother shall have primary phy>>ical custody of the child,
~:~t=!, ~hc ~~y exe=~!se in ~Q~f~rd, ~~~ ~~rk
3) Mother will make the child availat:.e for a weekend period
of partial custody with his father each month. The visits will
lal1t from Friday evening t.o sunday atl:ernoon, <It a time mutually
agrelld upon by the parel"'::s.
This will be accorr,;:>\ i~!-.",'~ by the
f~ther calling the mother the first week of each month to set ~
mutually agreed upon weekend for the visit. Mother will assume
transportation responsibilities for the child to and from the
Harrisburg area for visits.
4) Father will enjoy a total of oix V;(~:,,!:\ f)f. p,.\t'':i:l ,~u:;tc~li"
during the summer. The parties will cooperate in setting times for
EXHIBIT
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"All
summer partial custody.
5) Providing the child has at least two weeks vacation over
the Christmas/New Year holiday period, Father will enjoy one week
of partial custody. The week will alternate every other year, so
that the child will spend Christmas Day with each parent every
If vacation is less than two weeks, partial custody
other year. shall be for one half of that period.
6) The child will spend the Thanksgiving holiday with father
and mother on an alternate year baS1S. The year that the child
spends Thanksgiving Day ...ith his father, he will spend Christmas
Day with his mother.
7) Mother acknowledges that father will incur additional
expenses to exercise partial custody by virtue of the child's move
to New York, specifically father's anticipated motel stay once a
month in Cumberland county. In any month in which father incurs
motel expenses to exercise partial custody of the child, or
excercises partial custody for two weeks or more, mother shall pay
father $100 either directly, or as an offset against his child
support obligation.
8) Father shall agree to provide mother with the child's
medical insurance cards and policy numbers on a timely basis.
9) Mother will provide father with the child's doctor's name
and sign a release, to aid in father obtaining information about
his child's health.
10) Neither mother or father will speak ill of the other
parent or do anything to alienate the child from the other parent.
11) The parties shall make the child reasonably available fot'
telephone calls when they have custody.
12) This agreement is intended to sup'lrsecd all prior
agreoments and orders regarding custody of the child.
13) The parties intend that this agree~ent be entered as an
Order of Court.
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Donna J. Da ley '_
If/! ft. &
:J,r;T,fil1 D. Baxl~y
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Dawn L. 'L s
certified Legal Intern
hV,(JJ Mt
Thomas M. Place
Robert E. Rains
Katherine C. Pearson
SUPERVISING ATTORNEY
Donald Marritz
STAFF ATTORNEY
Counsel for Mother
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fr,!IjI1les ~ Es e
\jUnSOl for :~ather
Flower, Morgenthal, Flower
& Lindsay
11 East High street
Carlisle, PA 17013
(i17) 243-5513
I.D. No. 27742
FA1lIL.i r.....I~ :':LINIC
45 North pitt Street
carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
Approved and Entered as an Order of Court.
/sf ~ tK "-' C /J, u
Kevin A. Hess, Judge
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f~JUL 01 1998
...M::ltl\ 1UlV
Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
JOHN D. BAXLEY,
vs.
CIVIL ACTION - IN CUSTODY
DONNA J, BAXLEY,
Defendant
NO, 97-5605 CIVIL TERM
IN CUSTODY
ORDER
AND NOW, this
"Z >\I day of --'1..1,)
, 1998, upon receipt of the
Conciliator's Report, it appearing that the parties have agreed 10 a modification of the existing
Order and that this modifieation was dictated in their presence and approved by them and lheir
counsel, it is hereby ordered and directed as follows:
I, The Order of January 6, 1998, will remain in full force and effect
subject to the following modifications and additions:
A, Mother and Father shall have shared legal custody of the
minor child, John Douglas Baxley, Jr.. d.o.b. November 25, 1992,
Shared legal custody shall include. but not be limited to, access by both
parents 10 all medical records. school records. and any other records
attributable to the child. This shaH also include access by Father to the
son's birth certificate which will be provided to him by Mother.
B, Paragraph 3 of the Order shall be modified in accordance with
the following: during the school year Father shall be entitled to periods
of partial custody and visitation the third weekend of every month
beginning on Friday at 7:30 p.m. and ending on Sunday at 6:00 p.m,
The parties agree that the pick up and drop off to begin and end this
period of partial custody and visitation shall occur at t.he Mother's
brother's residence, Daniel Leon, who lives in New Cumberland, unless
the parties otherwise agree.
C, Paragraph 4 of the agreement shall be modified to fix the
periods oftime during the summer of 1998 in accordance with the
following schcdule:
1. Father shall be entitled to his six week periods of partial
custody with the child from Junc 26, 1998, through July 10, 1998;
July 18, 1998, through August 8, 1998; and August 21, 1998,
through August 28. 1998. Thc bcginning of these periods of partial
custody shall be at 7:30 p.m., and the end shall be at 6:00 p.m.
Again, the pick up and drop off point shall occur at the Mother's
brother's residence, Daniel Lcon, who resides in New Cumberland
unless the parties otherwise agree,
0, During the school year, Father shall be entitled to telephone
access with the child which shall occur on Sundays at 6:00 p.m, During
the summer months, Mother is cntitled to tclephone access wilh the child
which shall occur on Tuesdays and Sundays at 7:00 p.m. The parties
understand that this telephone access is to be between the child and his
Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
JOliN D. BAXLEY.
vs.
CIVIL ACTION - IN CUSTODY
DONNA J, BAXLEY,
Defendant
NO, 97-5605 CIVIL TERM
IN CUSTODY
JUDGE PREVIOUSLY ASSIGNED: The Honorable Kevin A. Hess
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b),lhe undersigned Custody Conciliator submits the following report:
I. The pertinent information concerning the child(ren) who is(are) the subject of this
litigation is as follows:
NAME
BIRTHDATE
CURRENTLY IN
CUSTODY OF
John D. Baxley, Jr.
November 25, 1992
Defendant
2, A Conciliation Conference was held on June 25, 1998, and the following individuals
were present: the Plaintiff and his attorney, James D. Flower, Jr" Esquire; the Defendant
appeared with her attorney, the Family Law Clinic.
3. Items resolved by agreement: See attached Order.
4. Issues yetta be resolved: See attached Order.
5. The Plaintiffs position on custody is as follows: See attached Order.
6. The Defendant's position on custody is as follows: See attached Order,
7, Need for separate counsel to represent child(ren): Neither party requested.
8, Need for independent psychological evaluation or counseling: None requesled and the
Conciliator does not believe any is necessary.
Date: June 30, 1998
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\ V d<- ( ~'. 0.:'
ich I L, Bangs
Custody Conciliator
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