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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF ~~~~ PENNA.
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CHARLENE ,BAKER,
Plaintiff
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~.ClBERT E.BAKER, '
Defendant
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DECREE IN
DIVORCE
AND NOW, .. A.", d ~,~t . ~ J. .. .. , . .. '. 1151. ~Q~,~ it is ordered and
decreed that . .~J:lA~,I.,I;:~~. ,~~~~~. , , , , . . , , . . . . , , , . , , , . , . . , , , , , , " plaintiff,
and. . . . . . ,R.q~~~:r: ,~:. .B,~~~~, , , . . , , , , , . , . , . , , , , , , , , . , . . , . . . , '. defendant,
are divorced from the bonds of matrimony.
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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Liberty Loft . 4 E. Liberty Avenue . Carlisle, PA 170,13
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 98 - 824 CIVIL TERM
"0
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CHARLENE BAKER,
PlaintifTIPetitioner
ROBERT E. BAKER,
Defendant/Respondent
: IN DIVORCE
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PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Please transmit the rccord, together with the following information to the court for entry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under Seetion 3301 (e) of the Divorce Code,
2. Date and manner of service of the complaint: Certified Mail, Restricted Delivery,
February 13, 1998.
3. Complete either Paragraph A or B.
A. Date ofexeeution of the affidavit of consent required by Section 3301 (c) of the Divorce
Code: By the PlaintifT7/13/00; By the Defendant 7/21/00
B. (I) Date of execution of the Plaintiffs affidavit required by Seetion 3301 (d) of the
Divoree Code: none.
(2) Date of service of the Plaintiffs affidavit upon the Defendant: none
3. Related elaims pending: None
4. Complete either (a) or (b).
A. Date and manner of service of the notiee of intention to file praecipe to transmit
record, a copy of which is attached: none
B. Date Plaintiffs Waiver uf Notice in 3301(e) Divorce was filed with the
Prothonotary: July 14,2000; Date Defendant's Waiver of Notice in 3301(e) Divoree was filed with
the Prothonotary August IS, 2000.
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CHARLENE BAKU<,
1'1;1i11l i''''
: IN TilL ('Olllfl' Ill' I.O'.....II\WN PLEAS OF
: l'UI\IIIEI<I.ANIJ ('OUNTY, PENNSYLVANIA
vs.
: CIVIl. ACT/ON - LA W
: NO. 'iX - ~,;J.LJ- CIVIl. TERM
ROBERT E. BAKER,
Defelldallt
: IN DIVI )/WE
COi\/I'I.MI""" IN DIVORCE
U,\'DEI< SE("I'IO;-'; .I.lfll(l') alld .I.1J.Wili OF TIlE I}JVOJ~CE CODE
COMES Nt lW, I'lailui'''' Charlelll' llakl'r,lhrllllgh her allnruey, .Iarlles.l. Kayer, Esquire and avers
as follows:
COUNT I - IJ/VOJ{CE
I. Plaillliff is Charll'lIe /Jakel', all adllll illdh'idllal, whose Cllrrellt address is 16 East Big Spring
Avenue, NeWville, ('lIIl1lwrlalld ('lIl11l1y. i'l'llIlsylvilllia. /7241.
2, Defelldalll is Roher! E. Bakl~r, all adllll illdividllal, whose Cllrrelll home of record is 16 East
Big Spring AVelllle, Nell''''"e, Clllllberlalld (',llllll)'. i'l'lIl1sylvallia. 17241.
3. Plailllil'" alld Dl'lt'lIdallt haw bl'l'lI hllll<1 ridl' rl'sidellls of Ihe Commonwealth for at least six
months inullediately prel'iollS III Ihe rillllg of Ihis ('olllpI;IiIU.
4. The "'ailuiff alld Dl'lt'lIdalll II'l'll' IlIarril'd 1I11 Decellllwr 21), 1995 ill Newville, Cumberlalld
COUIllY, Pellnsylvallia.
5. There havl' bl'l'll 110 prillI' acliolls of divorcl' riiL'd ill this mailer.
6. Plailltiff alld I ll'fell da II I arl' lUll IIll',"lwrs of Ihe Ullited Stales Armed Forces,
7. The IlIalTiagl' is irretrievably brokell. alld IIIL' p;1I1ies are proceeding under Section 3301 (c) and
Sectioll 3301(d) of Ihl' Divorc,' Codl'.
8. !'Iailuiff 'I<" bel'lI ath'i,,'d Ihal ClIllI"dill!! is avai/able alld thm !'Iaillliff may have the right
to requeslthal thl' COl1l1 rl'(llIin' Ihl' panic,s to panicipatl' ill coullseling.
,
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WHERE"< IRE, I'laillliff rel/lIl'sls Ihe cOlin III ('llIl'r a dl'cn~e of divoree,
Respeelflllly sllhlllilled,
Date: February 10, 19911
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VER.I1'IC,\TIO:--1 OF PLE,\DL'IGS
I have read the statements made in this document and to the extent that it is based upon
infOJ1l1ation which has been given to me it is true and correct to the best of my knowledge,
infonnation and belief. I have executed this document on behalf of my client who is currently
unavailable to execute a verification, The Plaintiffs signed verification shall be submirted to the
court at a later date. I understand that false statements herein are made subject to the penalties
of PA. C,S. Section 4908, relaling 10 unswom falsification to authorities.
Dated:
z (/o!fd
, 1991
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Kayer and Brown
A Professional Corporation
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4 E, Liberty Avenue' . Carlisle, FA
(717) 243~7922
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. Llberty!-oft .'
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CHARLENE BAKER,
PlaintilTlPctitioncr
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
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vs.
: CIVIL ACTION - LAW
: NO, 98 - 824 CIVIL TERM
.,
ROBERT E. BAKER,
Defendant/Respondent
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE
UNDER S 3301(c) OF THE DIVORCE CODE
I. I consent to the entry ofa final decree of divorce withoul notice,
2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is gmnted,
3, I understand lhatl will not be divorced unlit a divorce decree is entered by the Court and thaI
a copy ofthe decree will be sent to me immediately after it is filed with the Prothonotary.
AFFIDAVIT OF CONSENT
I. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on February II,
1998.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from
DATE::r"ly 13
, 2000
et"j)".. -A ./J JL,
CHARLENE BAKER
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the date of filing the Complaint,
3. I consent to the entry of a final decree of divorce after service of notice of intention to requesl enlry
of the decree,
4. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granled.
I verify lhat the statements made in this Waiver and Affidavit are true and correct. I understand that
false stalements herein are made subject to the penalties of 18 Po. C,S. seelion 4904 relating to unsworn
falsification to aulhorities.
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Liberty Loft .
Kayer and Brown
A Professional Corporation
4 e, Liberty Avonue . Carlisle, PA
(717) 243.7922
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CHARLENE BAKER.
PlaintilTlPetitioncr
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
VS,
: CIVIL ACTION.. LAW
: NO, 9K .. K24 CIVIL TERM
ROBERT E. BAKER.
Defendant/Respondent
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE J)ECltEE
UNDER 11330He) OF THE DIVORCE CODE
I. I consent to the entry ofa final decrec of divorce without notice.
2. I understand that I may lose righls concerning alimony, division of propcrty, lawyer's fees or
expenses If( do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is cntered by the Court and lhat
a copy of the decree will be sent to me immediately aller it is filed with the Prothonotary,
AFFJJ)A VIT OF CONSENT
I. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on February II,
1998,
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from
the date of filing the Complaint,
3, I consent 10 the entry of a final decree of divorce aileI' service of notice ofintention 10 request entry
oflhe decree,
4, I understand that I may lose rights concerning alimony. division of properly, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
I verify that lhe stalements made in lhis Waiver and Affidavit are true and correct. I understand that
false slatements herein are made subject to the penalties of 18 Pa, C,S, seclion 4904 relating to unsworn
falsification to authorities.
DATE: 7~!)../.
,2000
ROP.I!:t. ~
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INDEX TO WITNESSES
FOR DEFENDANT/PETITIONER
DIRECT CROSS REDIRECT RECROSS
3 24 40
51 55
91 93 95
Robert E. Baker
Roxanne Heberlig
.Joyce Minnich
FOR PLAINTIFF/RESPONDENT
Gan Fry
Charlene Miller
41
58
46
81
49
87
FOR PLAINTIFF/RESPONDENT
IN REBUTTAL
l
Charlene Miller
98
100
INDEX TO EXHIBITS
PLAINTIFF'S EXHIBIT NO.
IDENTIFIED ADMITTED
1 - Letter from CCC&YS
2 - Letter from Deb Salem dated 2/1/02
3 - Letter from Deb Salem dated 2/20/02
4 - (no exhibit)
5 - Immunization report for Ryan Baker
6 - Report cards for Katara Baker
57
57
57
58
58
58
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58
58
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57
57
DEFENDANT'S EXHIBIT NO.
1 - Custody agreement
2 - Document from CCC&YS
3 - Phone bill
4 - Handwritten statement by
Roxanne Heberlig
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18
20
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18
24
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MR. OESTERLING: Yes, Your Honor, we're
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THE COTJRT: Good afternoon. This is Baker
2
v. Baker. Mr. Oesterling, you are the moving party. Are you
3
ready to proceed?
5 ready to proceed.
6
THE COURT: Ms. Adams, are you ready to
,
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7
proceed?
9
THE COURT: Okay. We'll hear from the
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MS. ADAMS: Yes, Your Honor.
10
moving party first, which would be dad, then we'll hear from
12
MR. OESTERLING: The moving party calls
11 mom, and then we'll discuss the ancillary witnesses.
13
Robert Eugene Baker to the stand. ~
ROBERT E. BAKER
14
15
having been duly sworn, testified as follows:
j
16 DIRECT EXAMINATION
17 BY MR, OESTERLING:
18
Q
Mr. Baker, could you please state your full
19 name and your address for the record,
20
A
My name is Robert Eugene Baker. I live at
21
140 Lawrence Lane, Carlisle, Pa., 17013.
22
Q
Robert, how old are you?
23
A
Thirty-seven years old.
24
Q
Are you aware of why you are here today?
25
A
Yes, I am, pertaining to custody of my
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children.
o Have you taken any medications or any
substances or are you taking any medications that might
impair your ability to testify here today?
A No, I'm not.
o I would like to specifically ask you some
questions about your background, your educational background.
Can you tell the Court what your educational background is?
A Graduated Big Spring High School in 1983,
prior military seven years, Roadway Express since 1990 to the
present.
o When you say you served in the military for
seven years, you also served in the Reserves, is that
correct?
A Yes, I did.
o Were you honorably discharged from the
military?
A Honorably discharged three times.
o What is your present employment situation?
A Right now I'm off work due to an injury that
happened outside of work. I've been off work for about three
months.
o I believe that involved some sort of an
injury to your knee, is that correct?
A Yes,
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Q Do you anticipate that at some point in time
in the near future you will be able to return to work?
A I hope so, yes.
Q That would be with which employer?
A Roadway Express.
Q You are currently being seen by a physician
for that?
A Yes, Dr. Oplinger, Appalachian Orthopedic,
and also Penns Wood Therapy,
Q You had identified your address as 140
Lawrence Lane in Carlisle, Pennsylvania. Does anyone else
live at that address with you?
A Yes. My stepfather, Stanley R, Warfel, and
also my mother, Joyce Arlene Minnich,
Q How long have you been at that particular
address?
A Since approximately the separation of
Charlene and I in '99. June 28th I believe is the exact
date,
Q Can you describe your mother's home, the
number of rooms, what kind of property it is?
A It's a three-bedroom ranch house on
approximately two acres of land, a one-car garage, very large
basement for toys and such when the weather is bad, and
there's a big yard to play in,
5
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1
Q When you have the children with you, do they
have their own beds? What are the sleeping arrangements?
A Ryan right now has a toddler bed in my room.
My daughter right now sleeps in one of the bedrooms. It's a
temporary arrangement right now.
2
3
4
5
6
Q
Would you be looking for a new place to
7 live?
8
A
Yes, I would,
9
Q
Is that because of any problems that you're
10 having at your mother's house?
A
No. Just it would be more room for the
12 children. Basically, I'd get a room for each child, and also
13 a room for myself,
14
Q
When did you and Ms. Miller get married,
15 Charlene?
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A December 29th, 1995.
Q Had you been involved in a relationship for
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any length of time prior to the marriage?
A Approximately a year prior to that,
Q Do you recall when you were finally
divorced?
A
It was August 31st, 2000,
Q
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When your divorce was pending, Robert, did
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you and Charlene have times where you got back together or
that you --
6
,
,
10
11
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A
Yes.
,
2
Q
It's during one of these times, it's my
3
understanding, that one of your children was conceived, is
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that correct?
5
A
Katara was born out of wedlock. Ryan -- she
6 was actually pregnant with Ryan prior to the separation.
7
Q
So you have two children subject to this
8
action?
...
9
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A
Yes.
Q
And their names and their ages?
A
Katara Marie Baker, she's age seven; and
12 Ryan William Baker, which is age two.
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THE COURT: Dates of birth?
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THE WITNESS: Their dates of birth are July
30th, '95/ for my daughter, Katara; 1/27/2000 for my son,
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Ryan.
BY MR. OESTERLING:
I
I'
Q
You currently have a custody order that was
the result of an agreement, is that correct?
A
Yes, I do.
MR. OESTERLING: Your Honor, may I approach
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the witness?
THE COURT: You may.
BY MR. OESTERLING:
Q
Mr. Baker, I'm handing you what has been
7
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1 marked as Defendant's Exhibit No.1 for identification
2 purposes. Do you recognize that document?
3
A
Yes, I do.
4
Q
What do you recognize that document as?
5
A
The custody arrangement between Charlene and
6 I regarding Katara and Ryan.
7
Q
That's the order that is currently, to your
8 understanding, in effect right now, for the most part?
9
A
Yes, it is.
10
Q
What does that order provide as far as legal
11 custody?
12
THE COURT: I can read.
13
MR. OESTERLING: No problem, Your Honor.
14 BY MR. OESTERLING:
15
Q
Just to direct your attention, Bob, to make
16 sure that you understand the order appropriately, I would
17 like you to read Paragraph 5 into the record.
18
A
The parties agree and stipulate that this
19
division of custody and this particular schedule shall not
20
establish a precedent for any future award of custody and
21
does not prejudice either parent's custodial rights in any
22
manner.
23
Q
How do you understand that particular
24 provision? What do you understand it to mean?
25
A
Basically, that it would be neutral. I mean
,
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1 that if the parties feel that there's things that aren't
2 going correctly, then we can bring it back into court to
3 possibly amend custody.
4
MR, OESTERLING: Your Honor, provided
5 there's no objection, I would like to move at this time to
6 have what's been marked as Defendant's Exhibit 1 moved into
7 evidence.
8
MS. ADAMS: No objection, Your Honor.
9
THE COURT: It's admitted.
10 (Defendant's Exhibit No.1 was admitted.)
11 BY MR. OESTERLING:
12
Q
Specifically in regard, Mr. Baker, to the
13
relationship between your children, how would you say that
1
I
,
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14
Katara and her brother relate to each other when theY're in
15
your custody?
16
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A
They're very good children. You know, they
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have sibling rivalries. They do fight at times. Ryan is
18
going through a terrible two stage where he wants to hit
19
sometimes. They do get along very well, I mean, considering,
20
Q How do you address those rivalries?
21
A Well, I try and separate them and deal with
22
the issue at hand.
23
.;
Q
Will you do things independently with one
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24 child sometimes?
, '
25
A
Yes, I do, Taking Katara to the Sports
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1 Emporium by herself, herself and I. Katara likes T-boning
2 people with the go-carts. Ryan, I go out in the backyard and
3 play with him, go to the parks. Right now Ryan is very stuck
4 on his grandmother very much so.
5
Q
How would you describe the children's moods
6 when they are with you?
7
A
I think they're very good.
8
Q
Do they seem happy to you?
9
A
Yes, I think so. Yes.
10
Q
What is your belief in terms of a parent's
11 role in supervising their children?
12
Well, I believe a parent should supervise
A
13 their children to the best of their ability. They should not
14
leave them unattended or, you know -- I feel that they
,
I
15
shouldn't be playing outside by themselves, that a parent
l
,
16
should be there with them.
17
Q
Do you have concerns about Mrs. Miller's,
18 Charlene's, supervision of the children?
19
Yes, I do. She has informed me that while
A
20
playing -- while Ryan was playing out back that he fell in a
21
little stream that runs through their backyard, Then she
22
said that Ryan came inside to her and he was soaking wet.
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23
Q When was this, this incident?
24
A
This past summer.
25
Q
So just this past summer there was an
10
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incident. How do you know that he was not being suporvisod
at that time?
A Well, that there is what Charlene has told
me.
Q Are there any other incidents that you can
think of or things that reflect lack of supervision of your
children?
A Well, Katara walks approximately about a
block, block and a half, to a central collection point for
going to school. To my understanding from Katara, she walks
there by herself,
Q How does that, in your mind, translato into
a safety concern?
A Well, you read about it in the paper all the
time about children being abducted. You know, you don't --
for instance, if Katara would be abducted during that day,
you would not know until what, eight hours later.
Q To your personal knowledge, has Charlene had
any problems in the past as far as supervision of the
children?
A Yes.
Q What are those problems?
A Pertaining to Katara and Ryan or her --
Q Well, specifically, when the two of you were
together, she had a son from a prior relationship, is that
11
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correct?
2
A
Yes. Her oldest son was removed from her
3 home by the authorities for -- my understanding is basically
4 what she has informed me, for not going to the doctor's, not
5 taking his medication or not giving medications,
6 disciplining, and a few other things,
7
Q
Do you see those same kind of problems as
8 problems that are now occurring in regard to your children,
9 Katara and Ryan?
10
A
Yes, I do. At a visit about three weeks
11 ago, I informed Charlene that Katara was sick on Sunday, that
12 she needed to go to the doctor's. She kept Katara off school
13 on Wednesday, but did not take her to the doctor's. I
14
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received Katara on Thursday night at about 7, 8:00 at night.
15 She did not sleep very well. She coughed and hacked until
16 about 3, 4:00 in the morning. I got her up for school, took
17
her to school, came home. I called the doctor that she goes
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to, Dr. Becker. Basically, I got an appointment for that
19
Friday, and I took her to the doctor's, She had an acute
20
sinus infection.
21
At that time, I was also informed that Ryan
22
was due a shot at two years of age. He turned two in
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January, I set up an appointment on my day, on Friday,
24
, .
for -- it was 10/25 that Ryan received that shot, nine months
25 late,
12
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o Have the children getting thoir inoculntionn
and getting to medical appointments been a probloll'?
A Yes, it has been. Let me DOO, portaining
to Ryan, I took Ryan to the doctor's 11/24/2001 (or hin 12-
month shot. Okay. The doctor was Daying that thoro waD a
conflict of insurance because of the AcceDIl card that Dho had
on the children. It basically said that thoy could not
collect a co-pay, which my insurance involveD a co-pay, At
that point in time, I asked Charlene to either drop the
Access insurance so that -- the children are covered under my
Teamsters' insurance anyway. She said no. It took her
approximately four months for Ryan to get his 12-month shot
or the shots that were due at 12 months.
With Katara, I had Katara enrolled in the
Stevens Center basically to help her deal with our divorce
and our separation. She was being taken to the doctor's on
Fridays. The school was saying that it was interfering with
Katara's schoolwork, So, therefore, I let Charlene -- I
informed her -- or we talked about it that Charlene would
take her after school during the week because there was no
after 3:00 appointments on Friday. Charlene took her to one
appointment. It was 6:30, and I believe it was on a
Wednesday. Katara was scheduled for another appointment the
next week, which Katara never went back.
o Is there any family history -- let me ask
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you specifically in regards to the children's health
family history or medical reasons that would require that the
children be seen on a fairly regular basis by a physician?
A Yes. Charlene has van Hipple-Lindau
syndrome, which is a hereditary syndrome. It's possible that
the children, Katara and Ryan, could have this, or it may
skip their generation. When Charlene and I were together,
Dr. Powers informed Charlene and I that it would be
unadvisable for Charlene and I to have children, but Ryan was
conceived after this.
Q In regard to that particular syndrome, you
said --
A Van Hipple-Lindau syndrome, It's tumors
will pop up in your body that -- basically, the Van Hipple
part is the eyes. The tumors are in the eyes. The Lindau is
basically the rest of the body.
Q Is this something that there would be some
benefit that, if it occurred and was picked up early is
there anything that can be done as far as treatment, to your
knowledge?
A Right now, from what I understand from
Dr. Powers and this is going back quite a few years --
there is very little known about it. It is genetic, It is
hereditary, If it's caught early enough, then maybe, you
know, with the knowledge that they're coming out with now
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I don't know. I don't know if it would be beneficial or not.
I don't know.
Q Would it be your understanding, Bob, that it
would be important for the children to receive regular
medical appointments and receive regular medical care?
A Yes, I do believe it would be appropriate.
Q In regards to disciplining the children,
what are your beliefs in regard to disciplining the children?
A I have basically a nonphysical form of
discipline. It involves like a time-out, whether it's a
chair or standing in a corner, It's a minute per age.
Basically, before the children are left to go on about their
business, they have to tell me the reason why they were
placed in the time-out, so, therefore, they know why they
were being punished. I ask them, are they going to do it
again, which they may end up doing it again or not.
Q Have you always disciplined the children
that way? Was there ever a poi.nt in time when there was a
problem as far as how you disciplined the children?
A Yes.
Q Can you tell the Court about that?
A Pertaining to Charlene's oldest son, John
Brooks Wileman, when Charlene and I first got together and
stuff like that, John came after me with a knife. I took the
knife. I swatted him twice on the buttocks, I received an
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1 M-1 simple assault. I pled guilty. I did do it.
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Q
As a result of that, what happened?
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A
For John, John was removed from the home for
4 approximately a year. For me, I received probation, with a
5 possibility, if I broke probation within a year, to go to
6 jail for five plus years. During that time period, Children
7 and Youth were involved. They basically requested that I go
8 to anger management, and, also, parenting classes, which I
9 did go through. I believe that they were very helpful.
10
THE COURT: You did both parenting and anger
11
management?
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THE WITNESS: Yes.
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THE COURT: Where did you do the anger
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management?
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THE WITNESS: The Stevens Center.
16 BY MR, OESTERLING:
17
Q
Would you say that both the parenting
18 classes and also the anger management helped to color how you
19 discipline your children now?
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A
Yes, I believe it did. Yes,
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Q
Would it be correct to say, then, that as
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you stated here, that you believe in a nonphysical
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discipline?
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A
I believe in a nonphysical discipline.
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Q
Do you have any concerns about how Ryan and
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Katara are being disciplined in their mother's household?
A Yes. Charlene has informed me that on
numerous occasions that she does physically discipline the
children. Pertaining to Ryan, there was a black and blue
mark across -- from the right hand -- or the top right butt
cheek to the left bottom butt cheek, where two doctors at the
Carlisle Hospital said that it was a handprint. It was
investigated by Children and Youth and stuff, and they said
it was unfounded. They've taken pictures, and the
authorities were involved,
To my knowledge, basically, Charlene has
paperwork from Children and Youth that says that she's not
supposed to physically discipline the children. I've seen
the paperwork from Children and Youth, With regards to Ryan,
that incident, basically, the stepfather of Katara and Ryan,
Charles Miller, is not supposed to be left unattended or
unsupervised with Katara and Ryan -- or pertaining to Ryan.
Q You said Children and Youth was involved.
It's your testimony here that child protective services was
involved and that they entered an unfounded report?
A Yes,
MR. OESTERLING: May I approach the witness,
Your Honor?
THE COURT: You may.
BY MR, OESTERLING:
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Q I have handed you what's marked as
Defendant's Exhibit No.3, but should, in fact, be
Defendant's Exhibit No.2. Do you recognize that?
A Yes, I do.
THE COURT: Which is it going to be? Are
you going to keep it 3, or are you going to make it 2?
MR. OESTERLING: It's going to be 2.
THE COURT: What is it?
THE WITNESS: A paper from Cumberland County
Children and Youth. It's addressed to me. It says, after
your caseworker, Nancy Minajares, had a lengthy home visit
with the Millers on 12/27/01, this agency believes that Ryan
will be safe in the care of his mother. Ryan Baker can
return to his mother's home under the condition that he have
no unsupervised contact with his stepfather, Chuck Miller.
MR. OESTERLING: Your Honor, if I could, I
would like to have that moved into evidence as Defendant's
Exhibit No.2,
THE COURT:
MS. ADAMS:
THE COURT:
Any objection?
No objection.
It's admitted.
(Defendant's Exhibit No.2 was admitted.)
BY MR. OESTERLING:
Q Bob, what is your general belief in terms of
a parent's role in their child's life?
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A A parent's role involving his children is
very important, because the parent is the role model for the
children, to safeguard them, to nurture them, and help them
through problems that they may have, A parent should be
there 100 percent for their children,
Q Do you feel that you participate very
actively in your children's lives?
A I believe so, when I have the children, yes.
Also, I went to parent-teacher conferences for Katara, I
take off time to go to those.
Q How would you describe your judgment in
terms of your children? Do you think you use good judgment
in terms of things you do for them and --
A I believe I do use very good judgment. I
would not place them in a very bad environment if I thought
it was a very bad environment.
Q Do you see it as also important to protect
their future?
A Yes, because the children are our future,
Q Based upon your personal knowledge, do you
see anything about how Charlene might be raising the
children, dealing with the children, that indicates that she
might not be using good judgment?
A Yes, I do, Basically, a phone bill was
brought to my attention regarding my daughter, Katara,
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Basically, a phone was placed in the Katara's name
approximately two years ago. It was in her name for about 10
days. I called the phone company,
Q One moment. I just want to have you
identify something. Your Honor, may I approach the witness?
THE COURT: You may,
BY MR, OESTERLING:
Q Let the record reflect that I am handing the
witness what has been marked as Defendant's Exhibit 3, which
is a phone bill. Mr. Baker, do you recognize what I have
just handed to you?
A
Q
Yes, I do,
Is that the phone bill to which you have
referred?
A
Q
A
Q
A
Yes, it is,
The name on that phone bill is whose name?
Katara Baker, my daughter,
How did that bill come to your attention?
Two years ago, Charlene called me from her
home address, It was 29 West High Street, I think,
Newville -- or East High Street, Apartment 1. The phone came
over the caller I,D. as Katara Baker. Okay. I asked her
about the phone being in her name, and I said I would like it
taken out of her name, period. I called the phone company at
that time and informed them, how could they allow a phone to
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be in a five-year-old-gir1's -- at the time -- name? They
said, oh, somebody there placed the order to have that phone
installed. They shut the phone off.
It was my understanding that this bill was
paid two years ago, and the matter was dropped. This year,
the phone bill came to my attention. It was accidentally
placed in my sister's mailbox. My sister brought it to me,
I opened it up, because my daughter has a very unique name.
Q Did you take any further action in regard to
that bill?
A Yes, I did, I called the phone company. I
called Sprint and asked them about the phone bill. They said
it's still outstanding, It's still open, At that time they
informed me that I needed to call the police and inform the
police of a fraud. Also, they informed me that I needed to
call the three credit reporting agencies to report that, to
put a fraud report on Katara's social security number.
Q Did you, in fact, make that report?
A Yes, I did.
Q What was the basis of your concern in making
that report? Was it to get back at Charlene? Was that the
purpose?
A
No. It's basically to protect their credit.
Their credit -- when they get of age and stuff like that,
it's their choice whether they destroy their credit at that
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time. It's not a parent's choice to destroy their children's
credit before they even get a chance to go on with life. A
credit is a person's worth, their bond.
o Did you ever confront Charlene about the
bill situation?
A I did two years ago. Then about two weeks
ago, she said about a Trooper Evans called her house, which
Trooper Evans is the State Trooper that I talked to.
o Has there, in fact, been a negative effect,
in terms of this being reported, on credit reports somewhere?
A A bill that's outstanding for approximately
two years, yes, there is a negative standing,
o Is that on a credit report under your
daughter's social security number?
A Yes, it is. It's under -- Equifax, I
believe, is the reporting agency.
o Robert, what is your current availability if
the Court were to award you primary physical custody of the
children?
A At this point in time, I'm available 24
hours a day.
o When you return to work, what will your
availability be at that time, and what shift would you
primarily be working?
A At my work, we have to bid by seniority. I
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1 doctor's.
2
Q
Why should the Court award you primary
3 custody, in your opinion?
4
A
Well, I believe that Charlene has not been
5 keeping up her end of the bargain of our agreement, our
6 custody agreement, of safeguarding the children, tending to
7 their needs. I don't think that she's been keeping up to the
8
agreement.
9
Q
Do you have anything further that you would
10 like to add or say to the Court?
11
A
No, I don't.
12
MR. OESTERLING: Your Honor, I would like to
13 move what has been marked as Defendant's Exhibit No, 3 for
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identification purposes into evidence as Defendant's 3,
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THE COURT: Any objection, Ms. Adams?
{
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MS. ADAMS: No, Your Honor.
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THE COURT: Defendant's 3 is admitted.
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(Defendant's Exhibit No.3 is admitted.)
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MR. OESTERLING: I have no further questions
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for the witness, Your Honor.
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THE COURT: Cross-examine.
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CROSS-EXAMINATION
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BY MS, ADAMS:
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Q Mr. Baker, you testified that you had an
25
injury to your knee. Does that injury affect any of your
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At this point in time, no, it doesn't, I'm
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going through Penns Wood therapy. I've completed four weeks
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of therapy there. Now I have two more weeks of what they
5 call work hardening. It's more strenuous, to build the
6 muscles up in my knee.
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THE COURT: When do you expect that you will
8
be able to go back to work? Did they give you a date?
,.
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THE WITNESS: No, they haven't. My
10
employer -- I went to CareWorks, which is the doctor that
11 deals with Roadway. Dr. Oplinger released me to go back to
12
-- or return to work. I went
J
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THE COURT: Is that your treating physician?
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THE WITNESS: Yes, that is my treating
15
physician. Careworks is the physicians that Roadway wanted
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me to go to to ensure that I'm ready to go back to work.
17 They have denied me twice of going back to work, saying that
18 I'm not ready to go back to work, that my knee is not strong
19 enough, and they do not want to be responsible for a reinjury
20 of the knee or anything like that.
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BY MS, ADAMS:
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Q You stated that Ryan is a pretty active
23
two-year-old, Is it your opinion, then, that this injury
24
won't affect your ability to watch Ryan or to keep up with
25 him?
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A No, I don't think it would affect my ability
at all.
Q Mr. Baker, you described the home in which
you currently reside.
A Yes.
Q You said there are three bedrooms in the
home?
A Yes, there is,
Q Does each of the three adults in the home
sleep in one of the bedrooms? What are the sleeping
arrangements? Can you describe them more specifically?
A Yes. Katara feels very comfortable sleeping
at times with my mother.
Q Okay. So that's one bedroom.
A My son and I sleep in the other bedroom, and
my stepfather sleeps in the other.
Q Does Katara sleep in bed with your mother,
or does she have a separate bed?
A She sleeps in bed with my mother.
Q If you were to have primary custody of the
children, what sort of art'angements could you make for them
to have separate sleeping arrangements?
A At this point in time, I'm looking for a
three-bedroom place that I can live in. This here would only
be a temporary arrangement for maybe a month or so.
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Q So if the children were to be -- if you were
to receive primary custody of the children today and they
were to reside with you, you're saying that Ryan would sleep
in a toddler bed in your room and Katara would sleep in the
same bed with your mother, is that correct?
A On occasions, yes.
Q Where would she sleep on the other
occasions?
A Sometimes she falls asleep on the couch.
Q And there's no other room in the house that
they would have separate sleeping quarters, is that correct?
A No.
Q You stated that you were looking for a place
to live. Have you had any prospects? Do you have any
tentative living arrangements yet, or is this just
A I do have tentative living arrangements.
Q Where would that be?
A In the Newville area.
Q Can you describe the location?
A A farmhouse, $500.00 a month. It's
approximately it has a very big yard. It's off the road
about -- back a dirt road.
Q How many bedrooms does the farmhouse have?
A I believe it has five.
Q Have you signed a lease?
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A No, I have not.
Q Have you put a deposit down to -_
A No, I have not.
Q When do you foresee that you could sign a
lease or perhaps get some suitable bedroom arrangements for
your children?
A I've been talking to the person that owns
the property, and basically right now it needs to be cleaned
up a little bit. Within three weeks it should be available,
two to three weeks, because a party just moved out of there
and they're in the process of cleaning it up.
Q Is it going to be cleaned up in two to three
weeks, or do you think that you could move in in two to three
weeks?
A I could move in in two to three weeks.
Q Do you have enough money saved for a deposit
since you're not working?
A Yes, I do.
Q So it's your testimony that you would have
money ready when and if
A I have the money right now.
Q -- you sign a lease? Are you in the home
with your mother pretty much all the time since you don't
have a job?
A
Yes, I am,
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Q Does your mother or stepfather help with the
children?
A Yes, my mother does.
Q How much does she help with them? How much
care do you provide, and how much care does she provide?
A Well, my son is very much bonded to my mom.
Basically, he would go to her before he would come to me.
I -- it's basically he feels comfortable with her.
Q Who puts them to bed every night?
A I do.
Q What time do they go to bed?
A Katara goes to bed at approximately 9:30. I
have problems with Ryan. I don't know if it's basically
being hyperactive or whatever, but he's -- pretty much ~lhen
he comes down on the weekends he is very hard to get to bed
at times.
Q So what time do you think he goes to bed,
typically?
A
Q
Around 9:30, 10:00,
You testified that when they have problems
you separate them, Wouldn't that involve some sort of
physical discipline, in other words, to separate them?
A No. It's basically to sit them down and try
and find out why they are fighting and to try to work through
the problems that they were having at the time. It's not
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1 physical.
2
Q
When you would start going to work, would
3 your mother watch the kids?
4
A
That would be a possibility, yes, or a
5 private baby-sitter.
6
Q
Have you checked into any private
7 baby-sitters yet or investigated putting Ryan into any sort
8 of preschool, or is this hypothetical?
9
A
No, not at this time. But I believe right
10
now my mother would watch Ryan until I find suitable
11
arrangements.
12
Q
You testified that Ryan fell in a stream.
13 Did you see Ryan after this incident?
14
A
No. I was informed this by Charlene
15
herself. I was also in the military. I was also a certified
16 lifeguard. It only takes a small amount of water for an
17 adult to drown, let alone a child.
18
Q
Did Charlene describe the incident to you?
19
A
Charlene described that he fell in and that
20 he was soaked from head to toe,
21
Q
Well, wouldn't it follow if she could
22
describe it to you that she was watching it and that she
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wasn't somewhere else?
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The way she described it is he came into the
25
house and he was soaking wet from his head to his toes. That
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1 there's the way she told it to me. Therefore, it insinuates
2 that she was inside, not supervising Ryan while he was
3 playing in the backyard.
4
Q
You stated that Katara walks to school by
5 herself. Have you ever observed her walking to school by
6 herself?
7
A
No, This is what Katara has told me. She
8 is seven years old, and I believe she is very truthful in
9 matters.
10
Q
Since you're not working, why don't you walk
11 her to school?
12
A
I live in the Carlisle area. Charlene lives
13 in the Newburg area. Basically, I could get up and take her
14
there. It was never brought up to me that I should do this,
15
because Charlene, according to the custody arrangement, is
16
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supposed to be tending to the children from Sunday at 12 noon
17
until Thursday at 9 p.m.
18
Q
How does Katara get to school on Fridays?
19
A
I drive her to school, and I go to pick her
20 up at school.
21
Q
You also testified about Charlene's other
22 son, John Wileman?
23
A
Yes,
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Q
Were you ever involved as a party in that
25
action or included in any of the hearings?
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A Yes, one of them I was.
Q Was that when you and Charlene were still
together and the child was 1i ving in your home?
A Could you
Q Were you included in that action when John
was living with you, in other words, in your home?
A Yes, I was involved in most of the court
hearings and stuff like that when we were living together.
When we were separated, I was involved in one of those court
hearings.
Q since you and Charlene have separated, have
you been included as a party in any hearings regarding John
Wileman?
A
Q
A
One of them, yes,
And when was that?
It was prior to him being removed from her
home.
Q
A
Do you remember what year that was?
August 28th, 2000, I believe.
Q Since that time, you haven't been receiving
information regarding --
A Charlene has been telling me things
pertaining to John voluntarily,
Q But you haven't received any independent
copies of orders or things from Children and Youth?
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A No, She has showed me one pertaining to --
that she is not supposed to physically discipline the
children. It states on there, from Children and Youth,
children, implying more than one, Child refers to one.
o You testified that Katara was sick and she
had a sinus infection. Why didn't you take her to the
doctor's instead of returning her to Charlene?
A It was Sunday at 12 noon. Basically, the
sickness progressed that I felt on Sunday at 12 noon that she
needed to go to the doctor's.
o Couldn't you take her to the emergency room?
A I guess I could have, yes. I h~ve a
question to that. When Katara was kept off school on
Wednesday, couldn't Charlene have taken her on Wednesday,
also?
o Well, that wasn't my question.
THE COURT: Next question,
BY MS. ADAMS:
Q
Also, regarding Ryan's shots, since you have
very nearly SO/50 custody, couldn't you take Ryan to get his
shots?
A I did take Ryan 1/24/2001 to get his 12-
month shot. Basically, the insurance that she had on the
children while she was under welfare would not -- or
basically said that the doctor could not collect a $15.00
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co-pay. Therefore, the doctor that I took them to, Dr.
Branscum, refused treatment. I asked Charlene to drop the
Access card on the children because I carry insurance on the
children. she refused. Therefore, I could not take them to
my doctor with that Access card. It took her four months to
find a doctor that would accept that.
Q But she did eventually get the shots then?
A I believe four months later, yes.
Q You testified that John Wileman came after
you with a knife?
A
Yes,
I did.
THE COURT: I don't want to get into any of
the details. He admitted he committed simple assault. I
don't care what's behind it, Let's move on.
BY MS. ADAMS:
Q You testified that you took part in
parenting and anger management classes. Do you remember the
year that that occurred?
A 1996. I'm not exactly sure of the dates and
stuff like that. I do have certificates and stuff.
Q So approximately six years ago?
A Yes. Since that time, I have not been
involved with any outside agencies or anything like that.
Q You testified that there was a black and
blue mark on Ryan's buttocks that looked like a handprint?
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A Yes, and two doctors at the Carlisle
Hospital basically stated that they were handprints, Ryan
was x-rayed from head to toe, making sure that he did not
have any fractures or broken bones.
Q Did he have any fractures or broken bones?
A No, he did not. Children and Youth was
there, The Newville Police were informed, and they came in,
They would not leave me leave the Carlisle Hospital until the
police arrived.
Q Did the doctors just tell you that it looked
like a handprint, or was there any written findings that
there was a handprint?
A The two doctors basically said verbally that
it was a handprint,
Q Which doctors were these? Do you remember
their names?
A No, I don't. But there's pictures probably
on file at the Carlisle Hospital, as well as Children and
Youth, because both offices -- or both places took pictures
of his buttocks.
Q Do you have any of these pictures to show
anybody?
A No, I don't. I could get those, probably.
Q And you don't remember the doctors' names
who said this?
35
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No.
2
Q
Did they say this at the time of the
3
examination?
,
;
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A
They said it at the time of the examination,
5 because another doctor wa~ called in to verify the findings
6 of the first doctor.
7
To your knowledge, was Charlene ever charged
,
Q
8
by the police?
9
p
A
No.
,
10
THE COURT: I've got an unfounded, do I not?
11 Where are we going with this?
12
MS. ADAMS: I just wanted to emphasize that
13 point, Your Honor. I'll move on.
14
THE COURT: I'm not up here like a bump on a
'1
15 log. I'm listening,
16
MS. ADAMS: Okay. I realize you have that
:J
17
letter, Your Honor. I just wanted to point out that there
18
were no criminal charges.
I'.
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19
THE COURT: Next question.
20 BY MS. ADAMS:
21 Q
I~f
X
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.~
You testified and provided a letter that
~
22 stated that Charles Miller was not to be left alone with
23 Ryan. Was this letter written during the investigation of
24 the injury to Ryan and the handprint?
25
A
Yes, it was.
36
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Q
Was that written before it was found out the
2 abuse was unfounded?
3
A
It was written, yes, before.
4
Q
Do you have any actual knowledge of whether
5 there's any current prohibition against Charles Miller having
6 unsupervised visitation with Ryan?
7
A
Yes, I do.
8
Q
What is that from?
9
A
Basically, when Charlene and I were at a
10 parent-teacher conference at Katara's school about two weeks
11 ago on a Thursday, maybe three weeks ago, she told me that
12 the kids were at home with Charles Miller. Therefore, they
13
were left alone with him.
14
Q But do you have any knowledge of any court
'\
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,
,
15
order or any --
,
,
<
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A
No, none.
17
Q
direction from Children and Youth that
18 since the abuse was unfounded that Charles Miller can't be
19 with these children alone?
20
A No. Charlene told me in the past that
,\
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21
basically her and Charles Miller had to go to anger
22
management and a few other courses that Children and Youth
23
had deemed that they needed to go to. I do not know if they
24 went to them or not,
25
Q
When you found out about the phone bill, did
~
37
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('-\
1 you call Charlene or did you just call the phone company and
2 the police?
3
A
Two years ago, I told her to take care of
4 it. Okay.' It dropped into my lap, Basically, I had to find
5 out if it was still active and open. According to Sprint,
6 there was still about a $150.00 phone bill there. That one
7 is for the long distance. There was 127 or $128.77 for
8 local.
9
Q
But in your own exhibit it says there's only
10 $18.37 due.
11
A
That there's for the long-distance bill.
12 Basically, the persons that I called and talked to, they also
13 gave me other numbers to call. The local bill was $128.77.
14
THE COURT: Do you have the exhibit with the
15 handwriting on it?
16
MS. ADAMS: Yes, I do, Your Honor.
17 BY MS. ADAMS:
18
Q To your knowledge, was Charlene ever
~
.
,
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19
criminally charged with this; and isn't your motivation,
20
really, to get Charlene in trouble or to put her in jail so
21
you can obtain primary custody?
22
A
No, it's not. My objective is to have that
23 bill paid and for her never to use the children's social
24
security numbers. Two years ago, when this here was brought
25
to my attention through her calling down to my place where I
38
--
1 live, my parents' house, it came across Katara Baker. At
2 that time, I called the phone company and had that phone
3 disconnected, because, from my understanding, it is fraud,
4 okay, and it was shut off.
5 My understanding was that Charlene had paid
6 that bill two years ago, and it would never have been brought
7 up. But finding out that this bill is still in there, still
8 active, the Sprint Company informed me the actions that I
9 needed to take; and that there is the actions that I have
10 took, not as a vindictive or anything like that, as I guess
11 you're implying.
12
Q
You testified that you wanted a reversal of
13 the custody arrangements. Right now, you have essentially
14 50/50 custody. So what you're really seeking is primary
15 custody, isn't that true?
16
A
Yes.
17
Q
Do you currently pay child support to
18 Charlene?
19
MR. OESTERLING: Objection, Your Honor.
20
THE COURT:
Sustained.
21
THE WITNESS:
Do I have to answer that?
22
THE COURT:
No.
23
MS. ADAMS:
I don't think I have anything
24
else, Your Honor.
,
,.
25
THE COURT:
Redirect.
39
1
REDIRECT EXAMINATION
t
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BY MR. OESTERLING:
3
Q Bob, just very quickly. In regard to the
4
availability of a room for Katara at your mother's house
5
right now, would she have a bed available to her, her own
6 separate bed, if that be the case?
7
A
Yes, there would be.
8
Q
Doesn't your mom, in fact, have a pull-out
9 bed there?
10
A
Yes, she does.
11
Q
And there is another room in the house?
12
A
Yes.
13
Q
And through a shuffling of rooms, a separate
14 bedroom could be made available, is that correct?
15
A
Yes.
16
Q
Does Katara sleep with your mother by
17 choice?
18
A
Yes, she does, She feels more
19
comfortable
she feels more comfortable sleeping with
20 grandma.
MR. OESTERLING: No further questions.
21
22
THE COURT: Recross?
23
MS. ADAMS: No, Your Honor.
24
THE COURT: Thank you, sir, you may step
25 down. I see you have a Children and Youth caseworker in the
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("
back of the courtroom.
than sit here all day.
I'll hear from her.
She probably has better things to do
If you want to call her out of turn,
GAN FRY
having been duly sworn/ testified as follows:
DIRECT EXAMINATION
BY MS. ADAMS:
Q Could you please state your full name for
the record?
A
Q
It's Gan Fry.
Are you a caseworker with Children and
Youth?
A Yes,
Q What's your position or title?
A I'm a caseworker.
Q Are you a caseworker who's been involved
with Charlene Miller and her child, John Wileman?
A I have to read this first before I talk.
Q Okay.
A Information in Department of Public Welfare
and Children and Youth Services' records are considered
confidential. However, according to the law, it allows for
the Court to order a caseworker to disclose information,
THE COURT: So ordered.
BY MS, ADAMS:
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Q
Ms. Fry, how long have you been working with
Charlene Miller?
A
Q
Approximately five months.
When did you first start working with
Charlene?
THE COURT:
MS. ADAMS:
About five months ago,
All right.
BY MS. ADAMS:
Q
Were you Charlene's caseworker during any
reports of child abuse or neglect or any confidential
referrals?
A I did receive two referrals during that time
period. I did call Mrs. Miller and speak to her about them,
but there was no investigation in regards to them.
Q Do you remember when the first referral was
made?
A It was made this past summer. The referral
was in regards to Mrs. Miller leaving her two children alone
in the car.
Q Did you do everything you needed to do to
investigate whether or not this referral source was reliable
or whether this actually occurred?
A After speaking to people over at Children
and Youth, the decision was made that I would just speak to
Mrs, Miller since the police were not called to actually see
42
(:",
1 that happen. I did speak to Mrs. Miller about the dangers of
2 leaving her children alone in the car, if that was the case.
3
Q
How long has Mrs. Miller been involved with
4
your agency?
I heard testimony going back many years.
5
A
It's been since -- probably John is 11 now.
6 It's been probably since he was three or four.
7
Q
Can you tell me how she has done with the
8 agency? Is she cooperative?
9
A
I believe has been cooperative presently.
10
Q
When you say presently --
11
A
Over the years -- there was problems in the
12
past,
13
Q
That's with John?
14
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A
Yes.
15
Q
Has there been Children and Youth
{
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16 involvement with regard to the current two children?
17
A
No.
18
Q
Does John have some special problems?
19
A
Yes, he does.
20
Q
And he has had them all of his life?
21
,':(
A
Yes,
22
Q
Have you had the opportunity to see either
:::',
23
or both of these parties in parenting situations with regard
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to these remaining two children?
25
A
No, I have not.
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o To your knowledge, has Mrs. Miller been
through the anger management and parenting classes?
A Actually, Mrs. Miller was not ordered to do
anger management. Mr. Miller was. He has completed that.
Both of them have completed the parenting classes that they
were required to.
o You heard the testimony with regard to the
allegations of abuse with regard to Ryan?
A Yes.
0 Was that founded?
A That was unfounded.
0 Unfounded?
A Yes.
THE COURT: Okay,
BY MS. ADAMS:
o Did the agency also direct Mrs. Miller to
undergo a psychological examination?
A Yes.
o Did she comply with that directive?
A Yes, she did.
o As a result of the psychological
examination, was there any recommendations for further
treatment?
A
o
No, there was not.
Were there any recommendations for any
.'~
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medications for Mrs. Miller?
A No, there was not.
Q At the current time, are Mrs. Miller and
Charles Miller in compliance with the permanency plan?
A Yes, they are.
Q They have done everything listed on there
that they were required to do?
A Yes, they have.
Q Is the goal for John to return home?
A Yes, it is.
Q Is the agency working towards that goal once
the appropriate services can be put in place?
A Yes.
Q Have you observed Charlene's home?
A Yes, I have.
Q Did it appear to be appropriate for Ryan and
Katara and John, or any children for that matter?
A Yes,
Q How many bedrooms are there?
A There's two bedrooms. There's also an area
kind of outside of the bedrooms where Katara sleeps.
Q So Katara has her separate sleeping area?
A Yes.
Q And Ryan has his separate sleeping area?
A Yes.
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Q Is there a yard?
A Yes.
Q Did the home pass all safety checks and in
all other respects seemed to be appropriate for the children?
A Yes.
MS. ADAMS: That's all I have.
THE COURT: Cross.
CROSS-EXAMINATION
BY MR. OESTERLING:
Q Mrs. Fry, I'm sorry, I didn't hear. How
long have you, in fact, been working with Mrs, Miller?
A Approximately five months,
Q Five months. You are familiar with the case
going further back?
A Yes.
Q You are familiar with the reasons for which
John Wileman was removed from the home in the first place, is
that correct?
A Yes.
Q Would it be correct to say that that had to
do with neglect, inability to properly supervise __ or
failure, I should say, to properly supervise John Wileman, is
that correct?
A There was concerns of supervision, and there
was also concerns that John was not gaining weight.
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Q Did any of that -- at any time, were you
aware of the history when both John Wileman and Katara Baker
were also involved? Because I do believe they are indicated
in some of the family plans, is that correct?
A Yes.
Q Were there issues raised at that time
regarding the supervision of the children or lack of
supervision of the children?
A In the past, there was.
Q But despite that history, nonetheless, when
you received referrals, you didn't investigate, is that
correct?
A The referrals?
Q On the issue of supervision.
A We didn't have any -- we had someone saying
that Charlene had left the children alone in the car. The
problem was that there is an ongoing custody battle between
the two parents, which we are aware of.
Q But nonetheless, the agency chose not to
investigate?
A It was pretty much one person's word against
the other at that point,
THE COURT: Well, did you interview Mrs,
Miller with regard to that?
THE WITNESS: I did speak to Mrs. Miller
47
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about the incident.
2
THE COURT: And did she deny it?
3
THE WITNESS: Yes, she did.
4
BY MR. OESTERLING:
5
Q Do you know who the referral source was?
A I believe it was the girlfriend of Mr. Baker
7 or a relative or something.
6
'"
8
Q Does the name Roxanne Heberlig sound
l
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9
familiar to you?
I
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A I believe so.
11
Q In fact, she's actually a friend of Mr.
12 Baker's, is that your understanding?
J
13
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A
Yes.
14
Q
You indicated that there was another
15
j
.
incident
in fact, two incidents that were reported, and
16 one came back as unfounded, is that correct?
17
A
That was the incident about Ryan that we had
18 talked about earlier.
19
Q
Okay. That's the incident -- did you hear
20
Mr. Baker's testimony earlier?
21
A
Yes.
22
Q
He referred to an incident in which there
23
was allegedly what was described as a handprint on Ryan's
24 buttocks. Is that the incident?
25
A
That's the incident.
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Q In regard to that particular incident,
again, a report was issued that it was unfounded, is that
correct?
A Yes, that's correct.
Q In terms of child protective services, what
does unfounded mean?
A It means that there was not enough evidence
to prove that the incident occurred, or there was not
concerns that abuse happened, or there wasn't evidence in the
report that it actually happened.
Q So, in fact, there could have been a
situation where discipline was excessive or excessive force
was used, but the unfounded report just merely means there
was insufficient evidence?
A The reason it was unfounded is because there
were child witnesses, and the child witnesses weren't
consistent with their stories.
MR, OESTERLING: Your Honor, I have no
further questions for this witness,
THE COURT: Any redirect?
MS, ADAMS: Just briefly, Your Honor.
REDIRECT EXAMINATION
BY MS. ADAMS:
Q The concerns with Charlene's parenting and
discipline, that occurred before she attended the parenting
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classes, didn't it?
A Yes.
Q You have no reason to believe the parenting
classes didn't help her?
A As far as I know, they have helped.
Q Especially if John is to return to Charlene,
you would be involved and continue to be involved with
Charlene and his family, correct?
A Yes.
MS. ADAMS: That's all I have, Your Honor.
THE COURT: Any recross?
MR. OESTERLING: Your Honor, I have no
recross, but I do have another witness that I intended to
call in my case-in-chief but would like to call, actually, as
a rebuttal ~itness.
THE COURT: Okay. And who is that?
MR. OESTERLING: That would be Roxanne
Heberlig.
THE COURT: Any objection to this witness
being excused?
MS. ADAMS: No, Your Honor. We would just
like to have Charlene testify following Mr. Oesterling's
witness.
THE COURT: That's fine. Thank you, You
may be excused.
50
1
ROXANNE L. HEBERLIG
2 having been duly sworn, testified as follows:
3 DIRECT EXAMINATION
4 BY MR. OESTERLING:
5
o
Could you please state your full name and
6 your address for the record?
7
A
My name is Roxanne L. Heberlig, I live at
8 990 Big Spring Road, Shippensburg.
9
o
Mrs, Heberlig, you are a friend of Mr. Baker's,
10 is that correct?
11
A
Yes.
12
0 Are you married?
A Yes.
0 Do you have children of your ovm?
A Yes. I have two sons.
0 Have you been offered any compensation for
13
14
15
16
17
your testimony here today?
18
A
No.
19
o
I would like to direct your attention to a
20
specific date, May 23rd, 2002. Now, you had provided me with
21
a written statement regarding events taking place on that
22
day, is that correct?
23
A
Yes.
24
MR, OESTERLING: Let the record reflect I'm
25
showing opposing counsel what has been marked as Defendant's
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Exhibit No. 4 for identification purposes, Your Honor.
THE COURT: Have her testify. I don't want
to see the statement. Have her tell us what happened.
BY MR. OESTERLING:
Q Mrs. Heber1ig, could you tell us what
happened on May 23rd, 2002?
A It was probably about 5:00 in the evening.
Me and my husband were going to pick up some ice and things.
We were leaving the next morning to go away for the weekend.
As soon as I got out of the car, I heard, Roxanne, Roxanne,
but I couldn't see or tell exactly where it was coming from.
As we got closer -- we were pretty far back in the parking
lot. It was pretty full that day. As I got closer to the
doors, I heard again, Roxanne, Roxanne. Whenever I was that
close, I knew the voice. I knew it was Katara, and I looked,
and she was hanging out the car window,
Q By Katara, you're referring to Katara Baker,
the child?
A Katara Baker, yes, She was hanging out the
car door going, Roxanne, Roxanne, So, I stopped. I said,
what are you doing? She said, I'm getting ready to go to my
grammy's, which I figured she was going to Bob's mother's
house because it was Thursday, and I know that's usually when
she gets them, Ryan was sitting in the back sleeping in his
car seat. It was pretty warm that day, It was probably, I
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don't know, mid 80s, mid to high 80s, He had sweat beads all
over his face.
I looked to see if I could see Charlene,
because I was -- she was parked like right in the front, and
there's big windows, so I was looking to see if I could see
her maybe in line, Maybe she just ran in to get a pack of
cigarettes.
THE COURT: Where was this?
THE WITNESS: At the IGA, Saylor's Market.
I thought, well, maybe she walked out to get a soda or
something and she was there, I didn't see her anywhere, So
I said to my husband, you stand here with these kids, and I'm
going to walk in there. Until I got in and around through
the videos and all of that, she was in line, There was maybe
two other people behind her. I stood and watched. She
looked, She seen me. I stood, watched, and seen her leave
with two bagfuls of groceries.
BY MR. OESTERLING:
Q What did you do next?
A I went home, called Bobby, told him what I
seen. The next morning, me and my husband left to go away
for our weekend. The whole weekend, it bothered me, Me and
my husband talked about it a couple of times. He said, I
think you ought to call Children and Youth come Monday. I
really didn't want to. I've never had to do that before.
53
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But if they were my kids -- I would never let my kids sit in
2 the car the wey things are going today. Every week you hear
3 another kid taken, another kid killed.
4
Q
Did it cross your mind at the time that you
5 saw this to confront Charlene or to call the police; and if
6 not, why did11' t you?
7
A
I thought about it. If I was smart, I would
8 have. I didn't because I knew it would cause -- it would
9 just be all blowed out of proportion.
10
Q
When you ultimately called child protective
11 services, what was their response?
12
A
That they would investigate, Well, the
13 woman I talked to first, I explained to her, and then she
14
said, let me put you to her caseworker. Then I talked to the
15
caseworker, and they said they would investigate, and if I
16
had seen anything else like that not to not be afraid to call
17
and let them know.
18
Q
Had you ever observed anything else like
19 that on any other occasion?
20
A
No.
21
Again, this event took place on May 23rd of
Q
22
this year, 2002?
23
A
Yes.
24
MR. OESTERLING: I have no further questions
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25 of this witness.
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THE COURT: Cross.
CROSS-EXAMINATION
BY MS. ADAMS:
Q
Ms. Heberlig, how long have you known Robert
Baker?
A Probably since I started going to school
with him. I went to school with him.
Q So you went to grade school and high school?
A I don't know about grade school. I know
middle school, high school, yes.
Q How long have you known Charlene Miller?
A I don't know. Maybe two years.
Q If you saw Mrs. Miller's husband, would you
know her husband to recognize him on the street?
A Yes.
Q Is it possible when you saw these children
in the car that her husband might have been standing by and
you didn't see him or recognize him?
A No, because my husband stood there, and
neither one of them know my husband. He stood there until
she came out, until I came out right behind her.
Q Did your husband say anything to Charlene?
A No, he did not. He does not know her.
Q But you're saying your husband stood there
until someone got in the car and --
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A Until she came out and I came out right
behind her, and then we went in to get what we came to get.
Q How long was it between the time that you
witnessed this event and called Children and Youth?
A
Let's see. It happened on a Thursday
evening, so I couldn't call them. They weren't open. They
close at whatever. Friday morning we left early after my
children got on the bus. They weren't open yet. Me and my
husband talked about it all weekend. That following Monday
morning, right away, I called them,
Q So approximately three days?
A Yes.
Q During this time, you never called the
police?
A No.
Q From the time you witnessed this event until
you called Children and Youth, did you speak with Robert
Baker?
A
Q
Once, once.
Did he encourage you to call Children and
Youth?
A
No, no,
Q As far as you know, there were no other
witnesses to this event other than you and your husband or no
other witnesses that would know Charlene that would have seen
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her do this?
A There was a lot of people. I don't know if
any of them knew her or not. It was a grocery store.
MS. ADAMS: Okay. That's all I have, Your
Honor.
THE COURT: Redirect?
MR. OESTERLING: No further questions.
THE COURT: Thank you, ma'am. You may step
down. Ten minute recess.
(A recess was taken.)
MS, ADAMS: Your Honor, I have forwarded
some exhibits that we have both stipulated to. I believe
there's a letter from Children and Youth.
THE COURT: Okay. No. 1 is a letter from
Children and Youth, 2 is from Deb Salem dated 2/1/02. 3 is
from Deb Salem dated 2/20/02. 5 is
MS. ADAMS: That's actually an immunization
report for Ryan Baker.
THE COURT: 6 are report cards for Katara.
Do you stipulate admission of those exhibits, Mr. Oesterling?
MR. OESTERLING: Yes, we do, Your Honor.
THE COURT: That then vitiates the need for
calling the preparers of those various exhibits, is that
correct?
MS, ADAMS: Yes, Your Honor,
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MR. OESTERLING: Yes, Your Honor.
THE COURT: Okay. They are admitted.
(Plaintiff's Exhibit Nos. 1, 2, 3, 5 and 6
were admi tted. )
MS. ADAMS: Your Honor, I would like to call
Charlene Miller to the stand.
CHARLENE MILLER
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. ADAMS:
Q
Mrs. Miller, can you please state your name
for the record?
A Charlene Miller.
Q What is your current address?
A My current address is P.O. Box 206, 110 East
Main Street, Newburg, Pennsylvania, 17240.
Q You are the mother of Ryan and Katara Baker,
correct?
A Yes.
Q Now, you've heard the allegations of abuse
regarding both Ryan and Katara Baker, and there were several
of them. First of all, did you ever leave the children in
the car alone?
A No, I did not,
Q Do you remember seeing a Roxanne Heberlig?
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A
No.
Q
Are you familiar with Ms. Heberlig?
A
I have seen her one time. Other than that,
4 the only other time I have even heard anything about her is
20
A
5
from Robert's sister, Teresa.
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Q
Did you see her in line at the Saylor's?
A
No, I did not,
Q
Knowing that Children and Youth has been
9 involved with you and your family, would you ever do anything
10 like this and leave your children unsupervised?
22
A
No.
11
12
Q
Is that because you know Children and Youth
13 is keeping a close eye on you?
A
Yes.
14
15
Q
And it also would be bad for the children?
Yes,
Regarding the allegations of abuse and the
18 bruises that occurred in December 2001, can you describe what
19 happened with that incident?
16
A
The night that it happened, I was at the
21 Carlisle Middle School. I was taking my GED test. I came
17
Q
home. When I got home, my husband told me that there was an
23
accident, And I said, well, what happened? From what I was
24
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told from my husband and from the two children who were there
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-- Ryan is a climber, Ryan decided to climb up the dresser,
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which was at the end of a set of wooden bunk beds. Ryan
crawled up the dresser. He lost his balance. He fell back
off of the dresser, landed on a metal Tanka trunk and a great
big blue four-wheel drive remote control truck that belonged
to my oldest boy.
Q You weren't there at the time this occurred,
correct?
A
No, I was not.
hospital?
Q But Charles Miller was there, correct?
A Yes, he was.
Q Did Charles Miller take Ryan to the
A No. He said Ryan came out to him crying to
him and was saying -- he kept saying, ouchee, ouchee, ouchee.
Chuck said he checked him and didn't see anything, didn't see
anything wrong with him at the time, and Ryan went off and
resumed playing with the other two children.
Q When was Ryan taken to the hospital, a day
or two later?
A He was taken the day their father came to
pick them up. I explained to Robert what happened, because
Robert was sitting on the end of my couch in my apartment, I
explained to him what happened. My daughter was __ she was
sitting there when I told him what happened, I knew that __
because of the past experiences with Robert, I knew what was
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going to happen. So when he took the children, I called
2
Children and Youth. I couldn't get ahold of the caseworker
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because she was not there. About 3:00, the phone rang. It
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was the caseworker telling me that she just came from the
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hospital because my ex-husband had my youngest son in the
6
hospital.
7
Q
Were you aware of any doctor's reports or
8
statements saying that this was a handprint?
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A No. The only thing that I was told I was
10
told from Robert.
11
Q
Children and Youth never took the kids away
12 from your home, is that correct?
13
A
No, At the time, it was over Christmas, and
14 they were with their father for his visit with the kids. The
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caseworker told me that it was better for him to keep Ryan,
16
not Katara, because Katara was not involved in it. But they
,
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17 said, for her best interests, that if he decided to he could
18 keep Katara, but it wasn't necessary to keep Katara,
19
Q
During the period of time that the
20
investigation of the alleged abuse occurred, was there a
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direction from Children and Youth that Charles Miller should
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not be with the children alone?
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A At the time the investigation was going on,
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yes, there was.
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Did you comply with that directive?
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A
Yes, because we didn't even have the
2 children. We didn't have the children until after January.
3
Q
After it was determined that the abuse was
4 unfounded, was Charles Miller then allowed to be with the
5 children unsupervised?
6
A
Yes.
7
Q
Currently, that's still the standing
8 situation, that he's allowed to be with the children
9 unsupervised?
10
A
Yes.
11
Q
Regarding the incident where Ryan fell in
12
the water, were you present or were you in the vicinity when
13
that occurred?
14
A
When Ryan fell in the little creek out back,
15 I walked in the basement, because my washing machine is
16 downstairs in the basement. I walked in to take a load of
17
laundry out so I could take it out and hang it up. Well,
18
Ryan came walking in, and he was covered from head to toe
19
with mud.
20
Q
So you were in the vicinity and you
21
discovered that Ryan had fallen shortly thereafter, is that
,
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correct?
,,"
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A
Yes.
24
THE COURT: How far is the creek from --
25
THE WITNESS: It's a very small stream.
':(
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During the summer it's usually nothing but mud and very
little water, because it dries up.
BY MS. ADAMS:
Q Did Ryan require any medical attention after
he went into the stream?
A No. The only thing he needed was a bath.
Q Now, you're still in contact with Children
and Youth. How often do they come out to visit you or
supervise you or to investigate?
A They really -- they really don't come out
The only time they contact me is when they get
too often.
referrals.
Q When the caseworker contacts you, have you
been cooperative?
A Yes.
Q You have complied with all their
recommendations regarding, you know, any supervised visits or
any changes that they might have recommended in your home for
the children's safety?
A Yes.
Q Have you complied with your permanency plan?
A Yes.
Q Was there a time when you weren't in
compliance?
A A couple of years ago.
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Q But lately, as of this date, you are now in
full compliance with that plan, is that correct?
A Yes,
THE COURT: The plan only deals with John,
is that right?
THE WITNESS: Yes, but they have it worded
in -- it's a family service plan that they have, and in the
one family service plan it states -- which they say it
basically pertains to John with the physical discipline.
They say that there should be no physical discipline used on
the children. Now, I have spoke with the caseworker about
the other two children, and I asked them, because they flat
out said that we can spank the children on the rear end as
long as it's with an open hand, and they said that our hand
-- if our hand does not sting. Now, I do not -- with the two
children that I have now, I do not use physical discipline on
either one of them two. My daughter, she stands in the
corner or she is sent to her room. My two-year-old, he is
either stood -- he stands in a corner or he sits in a chair
for a time-out, or he also goes to his room.
THE COURT: Go ahead, Ms. Adams.
BY MS. ADAMS:
Q As part of the requested services with
Children and Youth, did you complete a TIPS parenting
program?
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A Yes, I did.
Q When did you complete that program?
A I believe it was this year.
Q So in 2002. Do you know how many classes
you had to go to to complete that?
A They actually came to the home.
Q Do you remember how many times they came to
the home?
A Oh, my, Not right offhand, I don't.
Q Was it between five and ten?
A More.
Q More than ten?
A Yes.
Q How long was each session?
A A couple of hours.
Q Did your husband, Charles Miller,
participate in these sessions?
A Yes, on the days that he was home.
Q Did they go over discipline techniques that
you could use with all three of your children?
A Yes.
Q Is that how you learned to use the time-outs
and other methods other than the physical discipline with
your three children?
A Yes.
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Q
Did you comply with the requirement that you
2 see a psychologist?
3
A
Yes, I did.
4
Q
As we know, there's no other treatment
5 recommended, is that correct?
6
A
That's correct. The lady told me I was a
7 normal person.
8
Q
You had previously -- had you participated
9 in counseling with the Stevens Center?
10 A Not previously, no.
11 Q So you hadn't entered into any counseling
12 with Katara. Was that all of Robert's doing?
13 A Yes.
14
Q
Okay. So you weren't a part of that.
15 Regarding your home, there was testimony that there would be
16 three bedrooms in the home?
17
A
Urn-hum.
18
Q
Are you planning on possibly using the third
19 floor so that there would essentially be four full
20
bedrooms
or three full bedrooms?
21
A
What we've decided we're going to do, the
22
attic is a pretty large room, and we're going to convert the
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attic into a bedroom, which will be his bedroom and my
24
bedroom. Then with my daughter, we're going to move her from
25
where she's at and put her over in the other room. The two
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this man to try to get things worked out for these kids, and
he has done nothing but harass me and my family. I have
had -- I'm tired of being drug to court. I'm tired of being
drug to Domestic Relations. I'm tired of the allegations for
Children and Youth just because things don't go his way.
Q But nonetheless, you have still attempted to
make some kind of communication with Robert?
A Yes.
Q Regarding Katara's schooling, did you hold
Katara back in school?
A Yes, I did, It was my idea to hold her
back. I went to Robert, and I said to Robert that I think it
was a good idea that we hold Katara back a year.
Q Would she have passed?
A No.
Q She wouldn't have passed?
A No.
Q So you weren't given the option of holding
her back, is that correct?
A They said that it was our choice if we
decided to hold her back, They said at the time they thought
maybe it was a good idea because she was having problems in
school,
THE COURT:
THE WITNESS:
Did Mr. Baker agree with that?
Yes.
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THE COURT:
THE WITNESS:
So it was a joint decision?
With her schooling, yes.
BY MS. ADAMS:
Q
Was that based on the recommendation of the
teacher?
A The teacher thought it was a good idea that
we did hold her back,
Q You complied with that recommendation?
A Yes.
Q Regarding the children's shots, are Ryan and
Katara's shots up to date?
A Yes, they are.
Q Was there ever a time that they were not up
to date?
A As far as I knew, they were all up to date,
because the last time that Ryan had his shots the doctor told
me that there was a new shot that they came out with and he
was to have that shot. Now, I asked them -- after he
received his shot, I asked the doctor's office, I said, now,
I said, is he caught up on all of his shots? They told me he
would not need shots until he started school.
Q So, as far as you know, you have complied
with all of the immunization requirements?
A Yes.
Q Regarding Katara's sinusitis, did you take
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....
Katara when you thought it was necessary for her to go to the
doctor?
A At the time, no. Because when I picked her
up on Sunday, Robert's first response was to me, as always,
the kids need to go to the doctor's. It's like every time I
pick the children up on Sunday, it's always, you take them to
the doctor's, you take them to the doctor's. I'm like, wait
a minute. They weren't sick when I sent them down. Now, all
of a sudden, they're sick. When she would come home Sunday
when she came home that Sunday, she was her voice was a
little horse. I figured, well, you know, she wasn't
complaining. She wasn't coughing. She wasn't doing
anything. She was just a little horse in her throat.
The next day, which was Monday, she was
still a little horse, So then the next day she started
coughing, I figured, okay. I got her some cold medicine. I
was giving her children's NyQuil. I started giving her
children's NyQuil.
Q Did you take her to the doctor then?
A No, I did not. I didn't have a chance to,
because Robert jumped in there quick.
Q According to your judgment, did you think
that she needed to go to the doctor, or did you think it was
a cold?
A I just thought it was a cold, With Robert,
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1 it's like every time the children get a common cold, it's
2 take them to the doctor, take them to the doctor. I had one
3 doctor tell me, it's a cold, it's a common cold. It's going
4 to run it's course. Just make sure they have plenty of
5 fluids.
6
Q
Did the doctor that you had give you
7 guidelines as to how long you should wait before you take a
8 child to the doctor?
9
A
Usually they tell me seven to ten days,
10 Just like Robert contacted Children and Youth and told
11 Children and Youth that I refused to take my daughter to the
12 doctor, and it was not seven to ten days yet, because I told
13 the caseworker that I was giving her cold medicine. The
14 caseworker told me that as long as it's not over ten days,
15 anywhere from seven to ten days.
16
Q
So, as far as you know, you were complying
17 with the directions of the caseworker and the doctor
18 regarding this sinusitis?
19
A
Yes.
20
Q
Regarding your health, there was testimony
21 about your diagnosis for van Hipple-Lindau syndrome, Is that
22
the correct way to say it7
23
A
It's called van Hipple-Lindau syndrome,
24
Q
What sort of symptoms or problems do you
25 have with that disease?
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A
It's a genetic disorder. It causes me to
2 have tumors anywhere throughout my body,
3
Q
Did you recently have surgery?
4
A
I had surgery on September 13th of this
5
year.
6
Q
Do you foresee the surgery or any symptoms
7 of this disease -- do you think that they will impair your
8 ability to take care of your children?
9
A
They haven't yet. I have very limited use
10 of my left arm, and I'm still taking care of my kids,
11
Q
Are you able to do dishes and laundry and
12 cooking?
13
A
I do dishes. I do the laundry. I clean the
14 house. I dress Ryan. I tie his shoes. I change his
15
diapers.
16
Q
Are there any mental disabilities associated
17 with this disease?
18
A
No.
19
Q
Do you think that your condition will
20 improve as time goes on following the surgery?
21
A
That they don't know,
22
Q
Okay, Regarding the children, is there a
23
possibility that the children could have this disease?
24
A
There is a 50/50 chance that the children
25 can have what I have.
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Q Have you had them checked out for that?
A My doctor explained to me -- I was 21 when I
was diagnosed with this syndrome. My doctor explained to me
that it's half of my age of when I was fi.rst diagnosed, which
I was diagnosed at 21, so the doctor said that's close to
about 10, 11 years old. My children are not at that age yet.
Q When they reach that age, will you take them
to get checked out for this disease?
A Yes.
Q There was some testimony about a phone bill
which was placed in Katara's name. Did you put a phone bill
in her name?
A At the time I did, and the only reason why I
did that was because I had the phone for emergency purposes
for the children because I was making arrangements to payoff
my bill.
Q Have you taken care of it? Have you paid
the bill?
A Yes, ma'am, I have.
Q Have you paid it in full ?
A Yes" ma'am, I have.
Q So as of right now, there are no phone bills
out there with Katara's name on them?
A No.
Q Now, you currently have a custody agreement
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by which, essentially, you and Robert have 50/50 custody. Do
you see any problems or things that you think might harm the
children because of that arrangement?
A Well, I pretty much -- you know, I hear from
my daughter that she's tired of sleeping with her
grandmother, and she says that's why she's been sleeping on
the couch, because she says she's sick and tired of sleeping
with her grandmother. And there has been some other things
that my daughter has said about her grandmother that
another reason why she doesn't like sleeping with her
grandmother.
Q Do you have concerns about the children's
bedtime when they're with Robert?
A Yes, I do. I have a problem with Ryan's
bedtime, because Robert has asked me over and over again if I
have any problems with Ryan going to bed. I said no, He
said Ryan does not go to bed down there until 1, 2, sometimes
3 in the morning, When Ryan and Katara are at our house, at
my husband's and my house, their bedtime is 8:30, 9:00.
We have a routine with the children. We
tuck the children in at night. We read them a book. We give
them a kiss good night. With the youngest one, he has to
sleep with all of his stuffed animals. He has certain places
that he puts them beside him in the bed. We make sure he's
tucked in. We give him a kiss good night, We tell him we
74
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1 love him. He says, I love you, too, and he goes right to
2 sleep. We don't have any problems with him going to sleep at
3 night.
4
Q
What time do the kids go to bed?
5
A
8:30, 9:00.
6
Q
Do you have concerns about the children when
7 they're with Robert and their care and the fact that he might
8 not be taking care of them that much?
9
A
Yes, I do, because there has been times
10 where I have stopped down there at his mother's house to
11 either talk to him about something or to see how the kids are
12 doing, and it's about, 10, 11:00 in the afternoon. His mom
13 says, oh, I have to go get him up, while she's watching the
14 kids. I've called down there the same time, 10, 11:00. I
15
have to go get him up. He's got the children. I'm sitting
16
there thinking, why is she taking care of the kids? I'm
17 like, it's not her responsibility to take care of his
18 children.
19 He's always telling me about dumping my kids
20
off on other people. I'm home 24/7. I am with the children
21
except for when my daughter is at school. I do not leave my
22
kids, drop my kids off with someone else while I have errands
23 to run. My children go with me, I don't leave them with
24
their grandparents.
25
Q
Would you be even more concerned if Robert
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was to have his own residence and his mother was not there?
A Oh, most definitely, because she's the one
that takes care of them children, not him, Because she has
flat out told me she can take better care of them kids than I
can.
Q
A
Q
You are not currently working, is that true?
No, I'm not,
Do you anticipate going back to work any
time?
A
Q
No.
Is that because of your physical syndromes
or --
A It's part of it, but another part of it is
that a mother should stay home with her children.
Q Regarding extended visits with Robert, how
have those gone?
A He just had -- he had the children for a
week the end of October, because he had them for Halloween.
When I -- when they came back home with me, my youngest one
was like totally out of control, He would not listen. We
would ask him to pick up his stuff. We would ask him to quit
throwing stuff. He would just stand there and look at us, or
he would throw himself down on the floor. I'm like, Ryan,
this -- you never did this before.
Q Did you have problems with potty training
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when he came back?
A We had him to where he would come and he
would tell us that he peed. We would ask him, Ryan, do you
have to go use the potty, let's go use the potty, and he
would go and sit on the potty and he would go, But when he'd
come back, he'd look at us, and we'd ask him, do you got to
go to the potty? No. Me a little boy, I wear diapers.
Q Are there any other problems you had after
the week Robert had custody?
A We had problems with him eating with his
fingers. Any other time when we would sit him in his high
chair he would use his silverware, Now it's nothing but
fingers. We're just now getting him back to where he's using
his silverware now,
Q Under the current custody arrangements, you
have the children Sunday through Thursday. Is there ever a
time that you get to spend time with the children on a
weekend?
A No.
Q Would you like to have weekend time with the
children?
A Yes, I would like to have weekend time with
the children, and so would my oldest, because I don't -- I
get him every other weekend, When my other two children come
home on Sunday, they get to spend a couple of hours with
77
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1 their oldest brother. My daughter winds up crying because
2 she doesn't want him to go back home because she didn't get
3 to spend any time with him,
4
Q
When you refer to your oldest, are you
5 referring to John Wileman?
6
A
Yes,
7
Q
You visit with him at your home for two days
8 every other weekend?
9
A
Yes,
10
THE COURT: What times does your son come?
11
THE WITNESS: I pick him up Friday night at
12
6:00, and I have to have him returned at 6:00 on Sunday,
I
13
have talked to Robert before about the other two children
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spending time with John, and he says, oh, well, we can
15 meet -- you know, we can meet at the park or we can do this.
16
I told him, no, we can't, because it is court ordered that
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he's not to be around John.
18
BY MS. ADAMS:
19
Q In other words, as far as you know, there is
20
currently a court order in effect that Robert Baker cannot be
21
around John Wileman?
22
A
That's right,
23
Q
Has Robert Baker ever agreed to alter his
"
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custody arrangements to bring the kids
or to bring Katara
25
Baker and Ryan Baker to your home so they can see their half
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brother?
A Here a couple of weeks ago, I was going to
make -- you know, try to make some plans to where I would
have John. I went to Robert. I asked Robert -- I said,
could we switch a weekend? I said, you know, I would have
the kids for the weekend. He could have them, you know,
during the week. He says, well, I don't know. I have to
think about it.
Well, then that day my daughter was
complaining of her ears hurting, and I couldn't find her
eardrops. I called him, and I asked him -- I said, do you
have Katara's eardrops? He said, I don't know. Let me look.
So he went to look for her eardrops, and he found them, He
said he'd bring them up. Well, when he got up to the house,
he looked at me and he said, oh, by the way, my answer is no.
And I asked him -- I said, why? He says, oh, well, I have a
surprise for the kids on Saturday.
Q So he won't agree to change his schedule to
allow Ryan and Katara to visit with John?
A That's right, I've also you know, when
I've gone down -- my daughter was upset that Sunday when I
picked her up because John didn't come down, and he was upset
because he was looking forward to spending the weekend with
his brother and sister.
Q Have Ryan and Katara expressed to you that
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they want to see John?
A Yes. She was so upset on Sunday, because
she asked me -- she said, where is John at? I said, John
didn't come down because he was upset because he was looking
forward to spending the weekend with them. Well, she started
crying. They were standing out -- her and her father were
standing outside filling up the bird feeder. He walked in
the house, she walked in behind him, and I was behind them.
She flat out turned around and she looked at him and said,
it's all your fault, because you wouldn't let mommy have us
for the weekend.
Q Has John expressed that he would like to see
Ryan and Katara?
A Yes.
Q Do you think it's in the best interests of
the children for them to spend time with their siblings?
A Yes, I do, and I also think that they should
spend some weekends together, It's a little bit hard when I
have a grandmother who's -- and I've got these two children
here -- who's standing there yelling at me, telling me that,
oh, well, John has no business being around them two kids.
John doesn't need to be around them two kids. I'm like,
they're brothers and sister.
Q So if this Court is considering altering the
custody schedule, you would request primary custody or at
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1 least some sort of custody on the weekends, is that true?
2
A
Yes.
3
MS. ADAMS: Okay. That's all I have.
4
THE COURT: Cross.
5 CROSS-EXAMINATION
6 BY MR. OESTERLING:
7
Q
Mrs. Miller, just to clarify some things
8 here. You had said you're tired of being drug into court, is
9 that correct?
10
A
Yes.
11
Q
Let me ask you this, Have you ever been in
12 this courtroom before, before Judge Guido, on this particular
13 issue, or before any judge for that matter?
14
A Yes.
Q You have?
A Urn-hum.
Q On the issue of child custody?
A Well, not in front of a judge for the
15
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custody.
20
Q
So there's never been a time --
21
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A This is the first time that we've been in
I
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front of the judge.
23
Q
In fact, you are the first one to petition
24
for custody in this case, is that correct?
25
A
No, Robert was.
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Q Are you not listed as the Plaintiff in an
action for custody docketed at No. 98-0824?
A When I separated from Robert the first time,
Robert was the one who went and got a temporary order for
custody on Katara.
Q Do you recall that the first petition was
filed by your then attorney, James Kayer, on February 2nd,
1999?
A That's when I left Robert, but there was a
temporary order before that.
Q In fact, that was filed, wasn't it, when we
were in the middle of negotiations, four-party negotiations
on the issue of custody, isn't that true?
A Urn-hum,
Q In fact, Mr. Baker has only filed two
petitions to modify in this matter, is that your
understanding?
A Well, it's either he drags me to Domestic
Relations every time I turn around or
Q The question is, he filed two petitions to
modify, to your understanding, is that correct?
A And we've always gone in front of a custody
conciliator,
Q Well, you have managed to resolve these
issues in the past, is that correct?
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A
No,
2
Q
It's my understanding you have one
3 stipulation presently. You had an initial stipulation that
4 provided for custody of Katara, is that correct?
5
A
Yes.
6
Q
Then there followed a second stipulated
7 order -- that means you agreed to it -- as to the custody of
8 Katara and Ryan, is that correct?
9 A What we agreed upon was there was an issue
10 at Domestic Relations,
11
Q
Do you or do you not have an agreed upon
12 custody order right now for Ryan and Katara?
13
THE COURT: It would be in the file,
14 wouldn't it?
15
MR. OESTERLING: Yes, Your Honor.
t.)
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THE COURT: I can read the file.
\;
17 BY MR. OESTERLING:
18
Q
Do you recall the last conciliation hearing
19 that took place with Mr. Gilroy?
20
A
Yes,
21
Q
Do you recall that it was actually Robert's
22 suggestion that the two of you attend mediation?
23 A No, it was not Robert's decision that we
24 attend mediation, Robert did not want to attend mediation.
25 He flat out told Deborah that the only reason why he was
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attending mediation was because I couldn't afford an
attorney, because I don't live at home with my mother. I
have a house to take care of, I have bills to take care of
and my children to take care of.
Q So let me ask you this. Robert did, in
fact, attend mediation, is that not correct?
A Two sessions.
Q That was after an agreement essentially
between myself and your attorney, Ms, Adams, is that correct?
A
I'm not -- yes.
Q How many years have you been involved now
with child protective services?
A A number of years, just with the oldest boy.
Q How old is your oldest son now?
A He's 11.
Q Is it correct to say that you have been
involved with child protective services at least as early as
1994? Does that sound about right to you?
A Yeah, and then they closed my case, and then
they reopened my case because of Robert.
Q What is the basis -- what is the basis of
your involvement with child protective services? I mean, I
know it's in regard to your oldest son, but what were the
problems that led to your involvement with child protective
services?
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A
Years ago, when I was younger, they said I
2 neglected my son, when I was younger.
3
MS. ADAMS: I object to this line of
4
questioning. The caseworker already testified to the basis
5
of the dependency.
6
THE COURT:
Let's move on.
7
BY MR. OESTERLING:
8
Q
Do you think it's unreasonable, given the
9
history of your involvement with child protective services,
10
for Mr. Baker to be concerned about the supervision of his
11 children?
12
A
No, because the children are well supervised
13 and they're well taken care of. It should be turned around
14
the other way. I wasn't charged with an M-1 simple assault
15
for beating a child, so I should be the one who's concerned
16 about the other two children.
17
Q
Let's stick to the question. So your answer
18 is you don't think it's reasonable for Mr. Baker to be
19 concerned
20
A
No, because I --
21
Q
-- given the history of lack of supervision
22
and given the history of inappropriate discipline?
23
A
No, because that was in my past.
24
Q
So it's your position that the witnesses,
25
including Mrs. Heberlig, were being totally untruthful about
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1 the events they testified to here today?
2 A I don't even know that lady. I've only seen
3 her one time, and I've heard of her through Robert's sister.
4 Other than that, I do not know who the woman is.
5 Q Your testimony was essentially that it
6 sounds like that Mr. Baker is always trying to buck you
7 essentially on the custody agreement and cause problems for
8 you. Is that what your testimony is?
9 A He has caused problems for three years. I
10 am tired of the harassment. I'm tired of him calling me
11 names in front of my children. I've had enough.
12 Q Let me ask you this. When you've had
13 surgeries, has he been there to watch the children and to
14 take care of the children for you during those periods?
15 A My mother was watching my children,
16 Q So you're saying he never helps you out, he
17 never has watched the children when you --
18 A It was not him. It was his sister.
19 Q It sounds like you're pretty frustrated with
20
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25 satisfactory to you because you don't have weekends, is that
the custody arrangement as it is right now.
A No, I'm pretty much just tired of Robert
interfering with my life for the past three years. Enough is
enough,
Q Well, you said that the arrangement is not
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correct?
A I would rather have
Q What you would like to do is have some
quality time on weekends?
A I would rather have Robert have the children
every other weekend. I feel it's too much on the children.
It's too much on the children bouncing back and forth every
week.
Q So you don't feel that it would be
appropriate for you to have the weekends, to get the quality
time that you need, and Mr. Baker to be able to provide for
the children's regular supervision?
A I would like to have weekends with the kids.
Q So you would find that an acceptable
arrangement, whereby you'd have the custody rights that Mr. Baker
currently has?
A No.
MR, OESTERLING: I have no further questions
for this witness, Your Honor.
REDIRECT EXAMINATION
BY MS. ADAMS:
Q
Charlene, wasn't the current order actually
predicated on a stipulation that the parties made?
A Yes.
Q And that
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THE COURT: I got the Order in front of me.
I understand all about the Order.
MS. ADAMS: Then I just have one other
question, Your Honor.
BY MS. ADAMS:
Q Through the several times that Mr. Baker has
requested a custody conciliation and a custody evaluation and
so forth in the past several years, has this custody
arrangement ever changed?
A No.
Q So through all of these legal proceedings,
no one has been able to change or make a recommendation that
the arrangements would be different?
A That's right.
Q And they've stayed in effect since the
original petition?
A Yes.
MS. ADAMS: Okay. Thanks. That's all I
have.
THE COURT: Recross?
MR. OESTERLING: No recross, Your Honor,
BY THE COURT:
Q You have remarried, is that correct?
A Yes, sir,
Q Who all lives in your home right now?
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A
Who lives in my home right now?
2
Q
Yes.
3
A
Myself; my husband, Charles Miller; Katara
4
Baker, my daughter; and Ryan Baker.
5
Q
When did you get remarried?
6
A
I got married August 2nd, 2001.
7
Q
Describe the relationship between your
8 current husband and your children, Robert and Katara?
9
A
Explain the relationship between the two?
10
Q
Yes. How do they get along?
11
A
Oh, they get along great, Ryan, when he
12 comes home, the first -- when he comes home from visits with
13 Robert, the first place Ryan heads for is Chuck, my husband.
14 He wants to play. He wants to roughhouse. Daddy do this,
15
Daddy chase me. Daddy, daddy, daddy, daddy.
16
Q Where does your husband work?
A He works at Severn Trent.
17
18
Q What is that?
19
A I guess it's what people would call a
20
pipeline.
21
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Q
What hours does he work? What days?
22
A
Monday through Friday.
23
Q
The hours?
24
A
He's up -- he's got to be at the shop at
25
6:00, and he's usually home about 3:30, 4:00,
,
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Q Before you got the surgery that you have the
brace on your neck for -- that was in September?
A Yes.
Q Were you working prior to that?
A No.
Q When is the last time you worked outside the
home?
A I would say probably somewhere around
January, February.
Q That's of this year?
A Yes.
Q What hours did you work then?
A The hours that I worked was from 7:00 in the
morning till 3,
THE COURT: Any follow-up on what I've just
asked?
MR. OESTERLING: No, Your Honor.
MS, ADAMS: No, Your Honor.
THE COURT: Okay. Thank you, ma'am. You
may step down. What other witnesses did you have to call,
Mr. Oesterling? And detail an offer of proof.
MR, OESTERLING: It would be Joyce Minnich,
Mr, Baker's mother, who would be testifying as to Mr. Baker's
relationship with the children, generally that he has a
positive -- would you like me to present it, Your Honor, as
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an offer of proof?
THE COURT: Yes.
MR. OESTERLING: Generally testifying that
he has a positive relationship with the children, testifying
that there is adequate sleeping arrangements for the children
in her home.
THE COURT: Well, the ~leeping arrangements
will be the same that he testified to, right?
MR. OESTERLING: Yes, essentially.
THE COURT: I don't have to hear things
twice.
MR. OESTERLING: There would be more
testimony, also, in regard to the children being unsupervised
and what she had actually observed, as well.
THE COURT: All right. You can call her.
MR. OESTERLING: We call Joyce Minnich to
the stand.
JOYCE MINNICH
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. OESTERLING:
o Mrs. Minnich, you've been sworn in. You've
already heard the testimony that's taken place here today?
A Yes, sir, I did.
o Specifically, I'm going to address the
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issues of supervision of the children while they are in Mrs.
Miller's care. Can you describe for the Court any instances
in which you have seen the children without adequate
supervision and what those situations were?
A I was up at IGA, Saylor's Market. I was
going to go into the store, and there I saw Katara and Ryan.
They were alone in the car. So I stayed there till their
mother came out.
o Do you recall about when this was?
A Two or three months ago, I would say.
o At that time, you waited until she came out
from the store?
A Yes, I did.
o Has that happened on any other occasion?
A One other occasion when she had John in her
home. I was at the same place, and the car was running.
John was up front, and Katara and Ryan were in the back
sitting.
o So this
A And she was in the store.
o So on at least two occasions you have
observed --
A Yes, two occasions.
o At the same location, the grocery store, is
that correct?
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A Yes.
Q Both of these occasions were within the last
two years, is that correct?
A Yes, I would say. Yes.
MR. OESTERLING: I have no further questions
for the witness, Your Honor.
CROSS-EXAMINATION
BY MS. ADAMS:
Q Mrs. Minnich, is it your testimony this
event where Charlene didn't supervise the children -- did
this happen in September? In other words, you said two or
three months ago.
A Two or three months ago, I would say, she
was in the store.
Q So you are not referring to the incident
which allegedly occurred in May at the IGA?
A Oh, May. I'm a little forgetful. She did
leave them alone in the car.
Q Well, are you saying that you saw the
children unsupervised in Mayor in September?
A
Q
No. I would say September.
Okay. At this time, did you see Roxanne
Heberlig there?
A
Q
No, unh-unh, I didn't.
After this event occurred, did you call
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Children and Youth?
A Yes, I did.
Q Did you call the police?
A No, I didn't call the police.
Q To your knowledge, was there ever any other
follow-up regarding this incident or any --
A No.
Q It's your assertion that both Ryan and
Katara were in the car unsupervised, is that correct?
A Yes.
Q Do you remember what time of day this
occurred?
A No, I'm not sure of the time.
Q Was it light out? Was it dark out?
A It was still light out.
Q Do you know what Mr. Miller looks like?
A
Yes.
Did you see him anywhere in the vicinity?
No. She was by herself.
Q Did you see Charlene in the store?
A No. I didn't go into the store. I stayed
out with the children.
Q When Charlene came out, did she see you?
A Yes. We talked.
Q
A
MS. ADAMS: That's all I have, Your Honor,
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(-.
but I would like to call Charlene Miller briefly as
a rebuttal witness.
THE COURT: Hold on. Let's finish with this
witness. Anything else? Any redirect?
MR. OESTERLING: Just one question.
REDIRECT EXAMINATION
BY MR. OESTERLING:
Q Mrs. Minnich, how long did you wait outside
with the children before Charlene came out?
A At least 15, 20 minutes, I believe. I
didn't -- I can't wear a watch, so I'm just guessing.
MR. OESTERLING: I have no further
questions.
THE COURT: Any recross?
MS. ADAMS: No, Your Honor.
BY THE COURT:
Q
A
Q
A
Ma'am, how old are you?
Sixty-six.
Do you work?
No. I'm retired from the Big Spring School
District.
Q Your son has lived with you, so that when
the children visit they're with you, is that right?
A Yes.
Q What time does Ryan go to bed?
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6 for school Friday mornings.
7 Q What about on Saturday and Sunday? When
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13 called a couple of times, and it was 10, 11 in the morning,
14 and you had to wake Mr. Baker up. Do you recall those times?
15 A Yes. He's just catnapping. I don't take
16 care of them. He takes care of them.
17 Q Well, but when he's working
18 A Well, now, when he goes to work, I would
19 keep Ryan for him.
20 Q On Sundays when he goes to work at 10:00,
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A Well, sometimes 1 and 2 in the morning.
Q Who stays up with him?
A His daddy.
Q What time does Katara get up?
A Katara gets up at 7. She has to get ready
Ryan is up until 1 or 2, who gets up with Katara?
A Her daddy does. He takes her to school.
Q How late does Ryan sleep?
A Till about 11.
Q You've heard Mrs. Miller indicate that she's
you keep both children, is that right?
A Yes.
Q 10:30, I guess, he goes to work?
A Yes.
Q You're saying he cares for them?
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you're recalling her in rebuttal?
2
MS. ADAMS: Correct.
3
THE COURT: What is your offer of proof in
4 rebuttal?
5
MS. ADAMS: Well, she is going to testify
6 that she was in the hospital in September and she was having
7 her surgery, so she wasn't anywhere near the IGA.
THE COURT: She's already testified that she
9 had her surgery in September.
8
10
MRS. MILLER: Yes, and I was not allowed to
11 drive.
MS. ADAMS: We just wanted to specifically
13 rebut that allegation.
12
14
THE COURT: All right. Go ahead.
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MS. ADAMS: We weren't aware of it before
16
this witness was called.
17
THE COURT: Go ahead.
18
CHARLENE MILLER
19
recalled as a witness in rebuttal,
20
having been previously sworn, testified as follows:
21
DIRECT EXAMINATION
"I
22
BY MS. ADAMS:
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Mrs. Miller, you have already been sworn in,
Q
24
and you've described your name and address and so forth. Can
25
Do you
you please tell the Court when you had your surgery.
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1 remember what date?
2
A
I had my surgery on
it was Friday,
3
September 13th, and I had my surgery at the Harrisburg
4
Hospital.
5
Q
Before that date, were you able to do
6 anything like go grocery shopping or anything like that?
7
A
I could before.
8
Q
After September 13th, were you able to
9 grocery shop or go anywhere?
10
A
No. I could not even drive. My mom was
11
coming
my husband stayed a week for vacation to take care
12 of me when I got home. Then when he went back to work, my
13 mother stayed with me and took care of me and the kids.
14
THE COURT: When were you able to drive?
15
THE WITNESS: I wasn't able to drive until,
16
I believe, six weeks after. I had to wait until I seen my
17 doctor.
18
THE COURT: So that would put us in the
19 beginning of November?
20
THE WITNESS: Urn-hum.
21
THE COURT: Are you telling this Court that
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you do not and have not left your children unattended in a
23 vehicle?
24
THE WITNESS: No, sir. I know better.
25
THE COURT: Go ahead, Ms. Adams.
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MS. ADAMS: That's all I have, Your Honor.
I just wanted to rebut that specific allegation.
THE COURT: Any cross-examination, Mr.
Oesterling?
MR. OESTERLING: Just one question.
CROSS-EXAMINATION
BY MR. OESTERLING:
Q Mrs. Miller, you heard Mrs. Minnich's
testimony that she wasn't exactly familiar with the date, is
that correct?
A Well, she said two to three months ago.
Q So three months ago would have placed us
somewhere around the end of August, early September, is that
correct?
A Like I said, I usually don't --
Q If it was in the beginning of September, you
would have still been able to drive at that point, is that
correct?
A Yeah, but most of the time I was going to
the hospital for MRls and everything else.
MR. OESTERLING: I have no further
questions.
THE COURT: Any redirect?
MS. ADAMS: No, Your Honor.
THE COURT: Thank you. Does anybody have
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any other testimony?
MS. ADAMS: I don't believe so.
THE COURT: Closing statements?
MR. OESTERLING: Your Honor, we would agree
to waive closing statements.
THE COURT: Okay. Give me a few minutes to
review my notes and the exhibits and the file, and I'll come
out with a decision.
(A recess was taken.)
THE COURT: These are always the most
difficult cases I have to decide. The reason for that is
simple. I don't know your children. I don't get to see them
on a daily basis. I don't know their wants and their needs
and their dreams. Only you two know that, and only you two
know what's in their best interests.
I am satisfied, after having heard the
testimony from both parties, that there is a deep underlying
problem here, and that problem has nothing to do with the
ability of either one of you to parent your children. It has
everything to do with the ability of the two of you to get
along with each other. You both had some parenting
difficulties in the past. I think you've both worked hard to
overcome those difficulties. I'm satisfied, as your mother
said, that you care deeply for your children, and, as the
caseworker said, you've overcome the problems that you had in
101
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1 the past, and that you're both basically good parents.
2 I have to make a determination, and I can't
3 do it right. I probably am going to make a decision that
4 neither one of you are going to be happy.with. But I'm
5 making a decision that, based upon the testimony I've heard
6 this afternoon, I think is in the best interests of the
7 children. That doesn't mean that it can't be changed by mom
8 and dad agreeing as to what's in the best interests of the
9 children, so I encourage you to do that once you booth cool
10 off a little bit after you hear my decision today.
II In custody hearings, parents seem to think
12 that they've got to make the other guy look like a bad
13 parent. That's a common thing. We've all made mistakes as
14 parents. You've both made mistakes. I'm satisfied that
15 you're both basically good parents. I think if you search in
16
your heart you'd both agree with that, despite the mistakes.
17
I'll enter the following Order:
18
"AND NOW, this 25th day of November, 2002,
19
after hearing, our Order of September 1, 2000, is modified as
20
follows:
21
"1. Paragraphs 3, 4 and 5 are deleted.
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"2. Mother shall have primary physical custody
23
of the children subject to partial physical custody in Father
24
as follows:
25
"A. One week from Thursday at 7:00 p.m.
!:..
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until Sunday at 6:00 p.m.
"B. The other week from Wednesday at 7:00
p.m. until Friday at 7:00 p.m., said week to correspond with
the week that children's half brother John visits with
Mother.
"C. Such other times as the parties agree.
"In all other respects, our Order of
September 1, 2000, shall remain i.n full force and effect."
I've tried to accommodate for some weekends
for you. I've tried to accommodate for an extra weekday for
you so that if you really have the concern~ about the doctor
you can handle that. I've also tried to accommodate so that
John can spend those times with his brother and sister.
The most important part of that Order, I
think, is the part that says such other times that parties
may agree. I think if you work together with each other --
criticism is good. You should have some concerns about how
each other parent, and that's good to go back and forth, but
try not to make that rancorous and try to make it
constructive, and hopefully you can agree on more times.
I've left the holiday schedule the same. I don't know what
your transportation schedule is. I'm presuming that you're
able to work that out.
What I've tried to do on that Friday at 7
would be to give you the opportunity to get John picked up
103
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1 and then come and pick up the children -- that would just
2 make sense -- the other two children from their father's
3 home. If you need me to make an Order to that regard,
4 Counsel, you can write to me, tell me your positions, and
5 I'll enter an Order. Again, I would encourage the parties to
6 agree upon transportation. I take it it's been working okay
7 so far.
8
MR. OESTERLING: Yes, it has.
9
THE COURT: All right. Good luck to both of
10 you. Really, the kids are young now, but they're going to
11
need both of you as they get older. There's no question. If
l2
you try to parent them at odds with each other, you're going
13
to have a world of problems with these kids, and I don't want
14
to see that happen. Good luck to both of you. Court is
15 adjourned.
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(Court was adjourned at 4:00 p.m.)
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
same.
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Susan Rice Stoner
Official Stenographer
-----------------------
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed
to be filed.
tf!7!6?
Date
Edward E. Guido, J.
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CHARLENE M, IlAKER
PLAINTIFF
V.
ROIlERT E. IlAKER
DEFENDANT
IN TIlE COURT OF COMMON PLEAS OF
CUMlJERLAND COUNTY, PENNSYLVANIA
98-824
CIVIL ACTION LAW
IN CUSTODY
OHDER OF COllRT
AND NOW, Monday, June 11,2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear belore Hubert X. Gilroy, Esq. . lh. cOl1cililltor,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 12, 2001 at 10:30 ..111.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispule; or
if this cannot be accomplished, to define and nalTow the issues to be heard by the court. and to enter into a temporory
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 or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Hellef orders, and Custody orders to the conciliator 48 hours prior to scheduled hearlug.
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The Court of Common Pleas of Cumberland County is required by law to com~!iiiith l'tir, ~
Americans with Di~abilites Act of 1990. For information about accessible facilities and rea~abbC ~
accommodations available to disabled individuals having business before the court, please contacl our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. YOll must
attend the scheduled conference or hearing.
FOR THE COURT,
By: Isl
HI/bert X. Gilroy. Esq.f:t7
Custody Conciliator
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YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT
HAVE AN A TIORNEY 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 A venue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHARLENE M. 8AKER
Plaintiff,
No, 98.824
v.
Civil Action - Custody
R08ERT E. 8AKER
Dtfendant
ORDER
AND NOW, upon consideration of the attached Petition to Modify Custody, it is hereby directed
that the parties and their respective counsel appear bcCore the Custody Conciliator \-\.\tr- (\, 'I... .
G'\~\ . Esquire, on the \h day of 'S<:l?trffibr_\ . 1999 at
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for a Prc-Hearing Custody Conference. At such Conference, an effort
will be made to resolve th~ 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 may
also be present at the Conference upon request of either party. Failure to appear at the Conference may
provide grounds for entry of a temporary or permanent Order.
Date:
FOR THE COURT
J\.l\.\J'r)Y 'Y ,(\~0l1~1 G.\l .
Custody Conference Officer IS (~ \
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) 249-3166
CHARLENE M, BAKER
PLAINTIFF
V.
1l0IJERT E. BAKER
DEFENDANT
IN TilE COURT OF COMMON PLEAS OF
CUMBERI.AND COUNTY. PENNSYLVANIA
98-824
CIVIL ACTION LA W
IN CUSTODY
OIU>EI{ OF COIJRT
AND NOW, Monday, June 11, 2001 ,upon considcration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 12, 2001 at 10:30 a.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 tbe issues to be beard by 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 or permanent order.
The eonrt hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prIor to scheduled hearing.
FOR THE COURT,
By: 151
Hilbert X. Gilroy. Esq.qjJ
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply witb thc
Americans with Disabilites Act of 1990. For information about accessible facilitics and reasonable
accommodations availablc to disablcd individuals having business beforc the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN A TIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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Cumberland County Bar Association
2 Liberty A venue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL
DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA
CHARU:NE M. BAKER
Pluintiff I Respondent,
No. 98.824 CIVIl. TERM
v.
ROBERT E. BAKER
Defendant I Petitioner
CustodyNisitution
Petition to Modify
ORDER
AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their
,
respective counsel appear before the Custody Conciliator
Esquire, on the
day of
.1999at
.m. at the following
location,
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 deline and narrow the issues to be heard
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by the Court, and to enter into a Temporary Order. All children age live or older may also be present at the
Conference upon request of either party. Failure to appear at the Conference may provide grounds for entry
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of a temporary or pennanent Order.
FOR THE COURT
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Custody Conference Officer
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 A venue
Carlisle, I' A 17013
(717) 249-3166
. '
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHARLENE M. BAKER
Plaintiff / Rcspondcnt
No. 98-824 Civil Tcnn
v.
ROBERT E. BAKER
Defendant / Petitioner
Civil Action-Petition to
Modify Child Custody
PETITION TO MODIFY CHILD CUSTODY
I. Petitioncr is Robert E. Baker, defendant in thc undcrlying action.
2. Respondcnt is Charlene M. Baker, plaintiff in thc underlying action.
3. On Septernbcr I, 2000, the Honorable J. Weslcy Olcr, Jr. cntcrcd as an Ordcr of Court
a Stipulated Agreement for Temporary Custody.
4, Since the entry of said Order, thcrc has been a significant change in circumstances for
the following rcasons as hereinafter outlincd:
(a) Respondent has been the subject of a child protective services investigation
regarding at least one of her dependent children who has bcen placed in foster
care.
(b) Respondent has a established a pattern of neglect re.[!1rding her children with
Petitioner.
(c) For the aforementioned reasons, Petitioner is concerned for the well being of
his children.
(d) Petitioner believes that the bcst interests of the child will be served by a
modification of thc cxisting Order of Court as this would allow for
consideration of the children's longcr tenn needs.
5. The Court in modifying said Order for the aforementioned reasons will serve the best
interest of the child.
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VERIFICATION
I Lee E. Oesterling, Esquire, being the Attorney for Robert E. Baker and upon the infonnation
related to me from Mr. Baker verify that the statements made in this Petition to Modify Child Custody are
true and correct, I understand that false stotements herein ore mode subjeet to the penolties of 18 Po.C,S. 9
4904, relating to unsworn falsifieotion to outhori ies.
y
Date:
AUG ~Y200Z
IN THE COURT OF COMMON nEAS OF THE 9th .JUDlCIAL
DISTRICT CUMIJERLANI) COUNTY, I)ENNSYL VANIA
CHARLENE M. BAKER
Plainti rr / Respondent
No, 98-824
v.
ROBERT E. BAKER
Defendant / Petitioner
Civil Action - Motion to Reschedule
Child Custody Hearing
COURT ORDER
AND NOW, this ~y of . 2002, upon consider'Jtion of thc
attachcd Motion to Rcschcdule Child Custody Hcaring, it is ordered and directed as follows:
I. A h~eheduledj."-C~rtr~'!1 ~. 5 of the ~~and County Courthouse on I1JIJIrIlJII ~
th~day of~. 2002 at .. laM. At this hearing, the '"
Father, Robert E. Baker, shall be the moving party and shall proceed initially with
testimony. Counsel for the parties shalllile with the court and opposing counsel a
memorandum setting forth the hislory of custody in this case, the issues currently
before the court. each party's position on those issues. a Iisl of witnesses who will
be called 10 testi fy and a summary of the anti~ipaled testimony of each wilness.
This memorandum shall be liIed at least (5) days prior to the mentioned hearing
date. lIutlt)~&,: /IJ -""Y-o~ @ 9:,ap/t.m.
2. Pending further order of this court. this court's prior order of August 7, 2000
shall remain in effect.
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Plninti ff I Respondent
No. 98-824
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Law Offices of Lee E. Oesterling. LLC
42 East Main Street
Mechanicsburg, I' A 17055
(717)790-5400
IN THE COURT OF COMMON PLEAS OF THE 9"' JUDICIAL
DISTRICT CUMBERLAND COUNTY, PENNSYL VANIA
v.
.
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ROBERT E. BAKER
Defendant I Petitioner
Civil Aetion- Motion to Reschedule
Child Custody Hearing
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PETITION TO RELlST CASE FOR CUSTODY HEARING
1. Petitioner is Robert E. Baker, defendant in the underlying action who is
represented by Lee E. Oesterling, Esquire.
2. Respondent is Charlene M. Baker, plaintiff in the underlying action who is
represented by Jane Adams, Esquire.
3. The children who are the subject of this litigation are Katara M. Baker (DOB:
7-30-95) and Ryan W. Baker (DOB: 1-27-00).
4. On June 7, 2001 Defendant filed a petition to modify an existing order of child
custody in the Cumberland County Court of Common Pleas.
5. On August 2, 2001 a Conciliation Confcrence was held with Hubert X.
Gilroy, Esquire. There was no agreement reached ct said conciliation and the Honorable
Edward E. Guido set a hearing for September 28,2001. The Order also provided that the
parties could seek mediation as an alternative to resolving the case. A copy of said Ordcr
is attached hereto as Exhibit"A"
6. Upon stipulation of the parties, an Order of Court was entered on September
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VERIFICATION
I verify that upon personal knowledge or inlimnation and heliefthat the statements made in
this Petition are true and eorreet. I understand thatlillse statements herein arc made subject to the
penalties of 18 Pa.C.S. * 4904, relating 11IunswlI 1 falsifieatillntll authorities.
Date: 8-12.02
. "
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AUG 0 72001etJ
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LA W,
CHARLENE M. BAKER.
Plaintiff
ROBERT E. BAKER.
Delcndanl
NO, 98 - 0824 CIVIL
IN CUSTODY
COURT ORDER
AND NOW. this .J.a1h' day of August, 200], upon consideration of the attached Custody
Conciliation Report. it is ordered and directed a~ follows:
cc:
I.
A hearinll scheduled in COU~~5 of the Cumberland County Courthouse
on the #I day of I:l eR ,200Iat/:OO .e...M,At
this hearing. the Father, Robert . Baker, shall be the moving party and shall
proceed initially with testimony. Counsel for the parties 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, eaeh party's position on those issues. a list of
witnesses who will be called to testifY and a summary of the anticipated testimony or
each witness. This memorandum shall be filed at least five (5) days prior to the
mentioned hearing date.
2.
Pending further order of this court, this eourt:s prior order of August 7, 2000 shall
remain in effect.
],
The parties may engage in mediation or other altemative to resolving this case prior
'.
to the hearing. Costs of any mediation will need to be agreed upon by the parties. In
the event the parties believe a seeond custody conciliation conference in advance or
the hearing will aid in resolving the issues, counsel for either party may contaclthe
conciliator directly to schedule that conference.
BY THE COURT,
/s/ tcl,~ul rQjJ~J.
Edward E. Guido
Lee. E. Osterling, Esquire
Jane Adams, Esquire
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Philip Nusbaum
650 Losh Road
Shcrmans Dale. P A 17090
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
.
: CIVIL ACTION - LAW
ROBERT E. BAKER,
Defendant
: NO, 98 - 0824 CIVIL
: IN CUSTODY
PRE-TRIAL MEMORANDUM
I. HISTORY OF CUSTODY
Charlene Miller and Robert Baker are the natural parents of two children, Katara
Baker, (DOB 7/30/95) and Ryan Baker (DOB (1/27/00). The parties were married on
December 29, 1995. Charlene's son from a previous relationship (John Wileman,
DOB 1/26/91) also resided with the couple during their marriage.
In February 1998, Charlene Baker filed for divorce and exclusive possession
of the marital home. Shortly thereafter, the parties attempted to reconcile. Efforts to
reconcile failed and on October 27, 1998, Judge Oler entered as an Order of Court a
Stipulated agreement for temporary custody, On February 2, 1999, Charlene Baker
petitioned for custody. Three days later, on February 5, 1999, the parties stipulated to
a temporary agreement for custody. Judge Oler signed an order providing the terms of
this stipulation be entered as an Order of court. The Order and stipulation provided that
mother would have a period of custody with Katara Baker from Sunday at 12:00 noon
through Thursday at 9:00 p.m. and Father would have a period of custody with Katara
Baker from 9:00 p.m. Thursday through 12:00 noon on Sunday each week.
The parties again attempted to reconcile in March 1999. During this period
Charlene Baker became pregnant with the couple's second child. This reconciliation
attempt failed and in September 1999, Robert Baker petitioned for a modification of
custody. A custody conciliation was held on October 7, 1999, Pursuant to an October
12, 1999 Order entered by Judge Oler after this conciliation, the parties submitted to a
custody evaluation. The October 12, 1999 order provided that the February 1999
stipulation and order would remain in effect. Charlene and Robert's second child,
Ryan Baker, was born on January 27, 2000.
A custody evaluation was completed by Riegler & Shienvold on May 30, 2000.
The custody evaluation did not recommend that Robert Baker obtain primary custody.
Therefore, the shared custody provisions of the February 5, 1999 custody stipulation
were retained.
On August 7,2000, the parties signed another stipulation and agreement. On
Sept 1, 2000 Judge Oler signed an Order providing that the terms of the stipulation
would be entered as an Order of Court. Once again. the stipulation provided that
mother would exercise periods of custody with the children each week from Sunday at
12:00 p.m. through Thursday at 9:00 p.m. Father retained a period of custody from
Thursday at 9:00 p.m. through Sunday at 12:00 p,m. Holiday custody arrangements
were also provided.
In June 2001, Robert Baker again filed a petition to modify custody. On August
10, 2001, the parties attended a custody conciliation before Attorney Hubert Gilroy.
The parties agreed to continue any future custody hearings generally pending an
attempt at mediation with Deborah Salem, of Innerworks in Harrisburg. Until further
order of court, the stipulation of August 7,2000 providing for shared custody was to
remain in effect. An Order of September 26, 2001, specifically provided that the
custody hearing would be continued generally to allow the parties time to attend
mediation.
On January 18, 2002, after Investigation, Cumberland County Children and
Youth Services determined that a report of suspected child abuse by mother against
Ryan Baker was "unfounded." Mother believes that father contacted Children and
Youth Services and alleged abuse In an effort to obtain primary custody.
After the abuse was determined to be unfounded, Robert Baker agreed to enter
into mediation. The parties attended two mediation sessions with Deborah Salem of
Innerworks in February 2002. While the couple made some progress working on their
communication skills, Deborah Salem noted in a letter that Robert "wanted his day in
court" and that he only went to mediation sessions because Charlene asked for them.
Although Ms. Salem tried to convince Robert Baker that a court hearing might not be
the best option, for him or the children, he Insisted that he wanted to go to court and
ultimately, all attempts at mediation failed.
Robert Baker once again petitioned the court for a hearing on this matter in
August 2002 seeking primary custody of the two children. The hearing was originally
set for October 28, 2002. Upon Charlene Miller's motion for a continuance, this
Honorable Court set the custody hearing for November 26, 2002. As of this date, the
current order and stipulation for custody are materially the same as the original
February 5, 1999 stipulation and order.
II. ISSUES BEFORE THE COURT.
1. Is it in the best interest of the children to be in the primary custody of father
where he lives with his mother, cannot provide an adequate home with bedrooms for
the two children, has refused to cooperate with the mother of the children, has
continually tried to sabotage mother's custody by making unfounded allegations to
Children and Youth, discontinued mediation, and repeatedly petitioned the court for
custody modificatiolls without any regard to a prior custody evaluation?
ANSWER: No, it is not in the best interest for Father to have primary custody
under these circumstances.
"
2. Is it in the best interest of the children for mother to have primary custody of
these children where she can provide a stable home, is married, and has suitable living
arrangements, and has entered into mediation with the father in attempt to improve
their communication skills?
ANSWER: Yes, it would be in the best interest of the children for Mother to have
primary custody.
III. LIST OF WITNESSES AND SUMMARY OF TESTIMONY.
A. Charlene Millor - Will testify regarding herself, her home, and her
relationship with her children and her husband.
B. Charles Mil/er. Husband of Charlene Mil/er _ Mr, Miller will testify regarding
himself, and his home life with Ryan and Katara Baker and Charlene Miller.
C. Gan F Caseworker Cumberland Coun Children and Youth. _ Ms. Fry
will testify that all allegations of abuse regarding Ryan and Katara Baker were
unfounded and as well as her observations regarding Ms. Miller, the children and the
family's home,
D. Philip Nusbaum. CASA worker. - Mr. Nusbaum will testify regarding his
observations of Charlene's interactions with Katara and Ryan Baker as well as his
observations regarding her home and family.
E. Deborah Salem - Ms. Salem will testify regarding the couple's attempts to
mediate this matter and the fact that Robert Baker discontinued mediation efforts which
would have assisted the couple's communication skills in order to have "his day in
court. "
Date: Il- 2..6 - D"Z-
Respectfully submitted.
~
Ja Adams, Esquire
I.D. o. 79465
outh Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR MOTHER
CHARLENE (BAKER) MILLER
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CHARLENE M. BAKER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 98 - 824
ROBERT E. BAKER, : Civil Action - Custody
Defendant
MOTION FOR CONTINUANCE
AND NOW comes the Plaintiff, Charlene M. Baker, by and through her attorney,
Jane Adams, Esquire, and respectfUlly requests that his hearing be continued. In
support thereof it is respectfully represented that:
1. On August 29, 2002, upon Defendant's Motion, this Honorable Court entered
an Order setting a hearing in the above-captioned matter for October 28, 2002 at 9:30
a.m.
2. Counsel for the Plaintiff did not receive a copy of this Order and the attached
Petition until September 20, 2002; the Order arrived via first class mail.
3. Plaintiff's Counsel believes that the Order and Petition was initially sent to the
wrong address; her office address recently changed.
4. Plaintiff's Counsel currently has previously scheduled obligations on October
28, 2002.
5. Plaintiff's Counsel requests more time to interview witnesses and prepare for
the hearing.
6. Plaintiff underwent back and neck surgery on September 13, 2002.
7. At the present time, it is difficult for Plaintiff to sit for long periods of time.
8. Plaintiff would be in a better position to attend the hearing if she were
afforded additional time to recover from surgery.
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Cumberland County
Children & Youth
Services
December 211, 2001
RE: Ryan Buker
Dear Mr. Buker:
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After your cuseworkcr. Nuncy Minjarcs, hud a Icngthy home visit
with The Miller s on 12/27/01, this agency believes that Ryan will be safe
in the care of his mother. Ryan Baker can return to his mother s home
under the condition that he have no unsupervised contact with his step-
father, Chuck Miller.
Agency
Admlnlstretor
OBIY I. Shuey, MSW, lSW
Sincerely,
~!-I Jffiftur
CCC& YS Caseworker
County
Comml.,lonor.
Nlney A. B.lch
elfl R. Kell.,
Rh:h.rd L Rov.gno
Suite 200
Human Services Building
16 West High Street
Carlisle, PA 17013-2961
(717) 240-6120
(717) 697-0371, Ext. 6120
(717) 532-7286, Ex!. 6120
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KATARA BAKER
80 E MAIN ST UNIT 3
NEWVILLE, PA 17241-1128
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Billing Period Ending: 10/22/02 '
Invoice Date: 10/23/02
Customer Number: 452084120
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Summary of Charges
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518.37
Balance
Forward
Taxes and
Regulatory
ReI, Charges
S1.88
$9.08
SPRINT
Charges
Current
Total
Account
Adjustments
5.00
59.29
S7,20
Important Information from Sprint:
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Now you can stay up to date on the newest calling plans and
rates via e-malll Sign up at www.sprlnt.com/member to
receive special offers and announcements available only to
Sprint members and tailored specifically to your Interest.
Ensure your great Sprint rates also move to your new home.
~ Always advise Sprint of changes In address or telephone.
. Please contact Customer ServIce at the number listed on the
· · _ bottom of your invoice. llf'1 _ :112 (
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Customer Number, 452084120
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00007771 1 AT 0.292 01
111,11111.1"1,1,1111,.,1111.11",11.,1.11..1,1,,1,11,,,,1,1.1
KATARA BAKER
80 E MAIN ST UNIT 3
NEWVILLE, PA 17241-1128
Payable Upon Receipt
$18.37
AMOUNT ENCLOSED $
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SPRINT
POBOX 530503
ATLANTA GA 30353-0503
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Thank You For Using Sprint.
Make Check or Money Order Payable to Sprint In U. S. Dollars.
Do Not Send Cash.
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KEY RATING INFORMATION
The codn thai appear In the.... coluRln duelU,. Ih. rate In elfect allh. b~ln"IIlO 01 tht call
o a DA'( OR PEAK RATE E . EVENING OR OFF. PEAK RATE N - NIGHT OR OFF.PEAK RATE
TERMS AND CONDITIONS
Thank you for using Sprln!.
The following term. and coodUlan. at. applicable onlv 10 Sprint long distanc. 18Melt' billed on thll Invoice II you subscribe 10 Sprint
pes Slrvlctl who.. charou may be Included on this Involet, separalll tt,m, and condition. .r. applicable.
This bill I, due and payable upon prullnlaUon. and Is pall due ,f unpaid 011., 111. dale shown on page one of Ihl, Invoice. R.sldenllal
custom.,s will be ass_ued a lale 'a. on bat""c,, that remain unpaid for mot. than 30 days Irom Ihe Invoice dale. Tht I.t. f.. will be
applied to thl entlr. unpaid b,lanc., Including laM8s, The lale fee will be an amounl nol gruler than Ihe m'Mlmum amount allowable by
law In Ihe stolle In wl1lch Iho cuslom.r resides. Please make check or money order payable 10 Sprint In U.S. Dollars. 00 not nnd cnh. If
YOUI payment Is not recllved within 30 days at the Invoice date, or wIlhln Ihe lime allowed by your .Iate's Public Ullllty Commission,
Sprint may begin procedures 10 cancel all servlcl 10 you You will be Informed 0' such an action I required by law.
n any check sent 10 Sprint In payment 'or sltrvices "relurned unpaid by your bank, you will be charged tltl,W, or 111. hlghesl amounl
allowed by applicable law, for each returned check, whichever Is less
If you have any questions aboul your bill, please call us; Ihe number Is shown on page one of this bill. Mosl of your quesllons can be
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In wrillng, please address your letter 10:
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Customer Service
P.O. Box 152046
Irving, TX 75015.2046
Please Include your name, account number, the speCifiC quesllon or comment about the bill, and Ihe dollar amounl of Ihe Item Is) In
quesllon. We assure you we will r..spond to your leUer as soon as possible.
While Ihe lIem(s)In question are being Investlgaled. you do not have to pay them; however, Ihe amounl nolln question I. ,UII due and
payable upon receipt of your bill.
Ills Sprint's policy 10 bill all calls to a customer within Ihe next billing cycle after Ihe calls art made. In some In,tanclS, howllVtr, you
may receive a bill With calls Ihat were made three or more months prior 10 Ih. Invoice date of Ihe bill. In Ihe evenllh. tolal amount 0'
,uch caUs on ono bill equals or eMc.eds $50, you may requut it deferred paymenl plan.
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Pursuanl to KS.A. 60.308 (bl (11), as a busines, customer, you may be subject to Jurisdiction In Kansas for any dispute relating to your
lelephone service with Sprint This Is because you l1ave arranged for or continued 10 receive phone service managed, operated or
monitored In Ih" State 01 Kansas.
DEPOSITS
Sprint will refund any required deposit In accordance wllh the applh:able rules of your Public Ullllty Commission.
CUSTOMER REQUEST FOR DISCONNECT
Sprint will disconnect your service within 30 days aller receiving your request for disconnect, or such shol1er t.rm and under luch
conditions as may be required by your Public UUllty Commission.
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CHANGE OF ADDRESS OR ACCOUNT HOLDER NAME
Addre,s cnanl;;8S may hit I'lnllld nn Ihe form fnund on lhe back nf na'.l. one or by (;tllln'] Customer Service. If ou:count name chang.s ar.
necesSllY. please call the cuslomer service number shown on page one of this Invoice.
Pleasa complete the area below with your naVI billing addrese and/or phone number:
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Yes, I wanl Sprint as my long dlslance carrier. My signature on this form authorizes Sprint to notify the local telephon. company to
SWllch my long dislance .1n<1/or local loll servlctl 10 Sprint. 1 understand lhat my local phone company may assess it fee 10 switch
my carrlerl" and may also aness a lee if I decide 10 change bftck to my original carrler(s) I am responslbl. lor all valid Sprint
charges lor usage and will call Sprlnl wllh ar.y queslions regarding my Invoices.
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Signature (Required 10 Process Order)
. Bolh boles mUll be clled.ed If you want oreal Spfinl ,ale, fOf all yoUf long distance calling Local Toll refm to InllaLATA cllllng Ind,lf Indicated, wrIl1
be rwilched only .",heft Inlral.ATA pfe,ubtcriplion It .'o'IilaLle
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KATARA BAKER
SOLUTIONS SINGLE RATE
Pago: 2
Billing Period Ending: 10/22/02
Cuslomer Number: 452084120
Account Detail
BALANCE FORWARD
Oiler/pilon
Previous Balance
BALANCE FORWARD
Oal. Amounl
$9,29
S9.29
Amounl
$7,20
$7.20 i;
$7.20
$,50
.36
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$1.88
S9.08
$18.37
SPRINT CHARGES
LONG DISTANCE MONTHLV CHARGES
SOLUTIONS SINGLE RATE l.mIG DISTAf!CE
TOTAL SPRINT CHARGES
CURRENT MONTH SUBTOTAL
TAXES/REG. RELATED CHGS.
STATE SALES TAX
STATE GROSS RECPTS SURCHG
CARRIER UNIVERSAL SVC CHG
CARRIER PROPERTY TAX
FEDERAL EXCISE TAX
TOTAL TAXES/REG. RELATED CHGS,
CURRENT TOTAL
TOTAL AMOUNT DUE. Payable Upon Receipt
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KEY RATING INFORMATION
TIle CoJ"lh." Jpp.a, In Ih. .... colullln describe Ih, rale In '''.el at Ih, beginning of Ih, call
o . DAY OR PfAK RATE E . EVENING OR O~F,PEAK RATf N . NIGHT OR OFF.PEAK RATE
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In wrtUng, pie... add,.,. your leUer 10;
SPRINT
CUllomer Servfce
P.O. BOl( 152048
'/'VIog, TX 7501,5.2046
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Th. 'ollow'no 101m. .nd condlllon. .r. ...lIc.bl. O"'y '0 5..'''1 lono dlll."e. s."'lc.. blll.d on IhlS Invo,c.. II you sUb,c"be 10 S."nl
PCS """c.. who.. ch.rg.. m.y be Includ.d on Ih'. I"vo'c., seporal.l.rm. '''d condlllon..re '..lIc.bl.,
Thl. bill I. due .nd .'Y'bl. upen .rlS.nl.llon, 'nd I. ...1 due II U"P"d 'lIor Ih. d.,. 'hown on "0' on. 0' Ihl. Involc" RlSld.nll.,
cu'lom... will be ........ . 1.,. ,.. on b,'onclS Ih., '.m"n U","d 'or more Ih.n 30 d.ys ',om Ih. Invo,c. d.,. Th. 'al. ,.. will b.
".lIed 10 Ih. 'nll.. un"'d b,'.nc., ,ncludlno ..... Th. 1.,. ,.. will be .n .moun, nol ore.,., Ih.n Ih. m"lmum .mounl allow.bl. by
I.w In Ih. .,... In whleh Ih. cu'lom., r','dlS, Pl.... m... chock or mon.y ord.r pay.bl. 10 S,"nlln US, 0011..., Do nol Sll1d Cash, II
YOur "\'11"'" I. 1101 'oc"""d wllhln 30 d.y. 0' Ih. Il1volee d.,., or wllhln Ih. 11m. .lIow" by your .,.1.'. P"bllc UlIIlty Commission,
Sprlnl m.y beOln .roc.dur.. 10 c'''eel .11 ..""c. 10 you You will b. Inlo,m.. 0' 'uch .n acllon II roqulr.d by I.w,
II .ny ch..,k ..nllo SP'''''ln ,'ym"" 'or .."",", I. r.'ur".. u"oa'u by you, L,,,,,, yuu 'Ih !;v CII.,..'u I,.u.., '," II," hld".,l ."'0",,1
a/lowed by applicable law, 'or each returned check, whlchlJVer Is '8U.
II you h."" .ny qu..,'on. .boUI you, bill, .,.... c'" us: Ih. numb.r I. .hown on "0. 0,," 0' Ihl. bill. MO'I 0' yoUr qu.sllons c.n bo
quIckly and convenlenlly handled 10 your SilII'folcUon over the phone.
TERMS AND CONDITIONS
PI.as. Ine'ud. your n.m., a"ounl number, Ihe '..clflc qU..flo" or comm.nl .boul .h. b/II, 'nd /h. doll" amou,,1 0' III. lI.m(s) In
qUillian. W. assure you we will respond 10 your lellur as soon as POssible
Whll. Ih. lI.m(.) In qU""on .re belno In""sllo"ed, you do nol ha"" 10 "y Ih.m; how.v.r, Ih. ''''oun' nolln qU.'flon Is .flII duo and
payable Upon recelpl of your bill.
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II Is Sp""I's pelley.o bill .11 c'lIs 10 · cuslo"'.r wllhln Ih. n.", bllflno cy,:1. .fI.r Ih. c.lI. ara "'ad., In some Inst.nces, howe""r, you
m.y rocol"" · bill w"h c'"s .hal w.ra mad. Ihr.. or more monlh. '''or 10 Ih. Involc. dale 0' Ih. bill In Ih. ev.nllhe lot., amounl 0'
SUch calls on one blll equI" or 8xc&eds $50, you may request a deferred payment plan.
NOTICE OF JURISDICTION
PUrsuan"o KS.A, ..,309 (b) (II), as a busln.ss Cuslomar, you m.y be subleollo Jurlsdlcllon In Kans.. lor any d'..ul. re,.flnO '0 your
I.'..hon. s.rvlce wllh S,,'nl. This I. boo.u.e you have '''.noed 'or or co,,"nued 10 'eoel"" .ho". servlc. man'O.d, o....,ed or
monitored In the StOlte of Kansas.
DEPOSITS
S.rln. will r.lund .ny r.qulred d.posll In accord.nc. wllh Ih. a..llc.bl. ",I.. 0' your Public UlIIlly Co"'mlsslon,
CUSTOMER REQUEST FOR DISCONNECT
S.IInl will dlsconntel your ..""c. wllhln 30 d.ys all.r rte.'vlno your roqu.sI 'or dl.conn.ct, or Such shortor l.on 'nd und.r 'uch
condlllons a$ may be required by your PUblic UIlIUy Commission.
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ad",.ss chana.. m.y... ""'Ad on Ih. 'o'm 'o"nd on Ih. b'ck 0' P'.. one or bV c.lllng Custom.r S.""c. II VCCounl n.m. ch.no.. .re
necessary, please call the customer service numbor shown on page one of this Invofce.
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Debuntb L. Snlem. MilS. CAe
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Lnwrcncc E. Ressler. PhD
Anlhcn L. Stebbins, I.SW
....
DATE:
02-01-02
TO:
Lee Oesterling, Esq
Jane Adams, Esq
A
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FROM:
Deborah L. Salem, MHS, CAC
RE:
Robert Baker and Charlene Miller
Please be advised that, to date, the above referenced parties have attended a group orientation
session, an individual psycho-social intake and one conjoint mediation session with me. I must
admit that after interviewing each of the parties individually I was not very optimistic about their
ability to mediate any decisions in the best interest of their children. However, as emotional and
frustrating as they both experience their co-parenting relationship, the parities were able to reach
minor, but important agreements. Specifically, they were able to agree on a regular bed time and
nap time for Ryan so that he has some consistency about rest. Additionally, the parties agreed that
they will no longer pass clothing back and forth, but rather, each will keep clothing for the children
at their respective homes, The parties also agreed to share transportation of the children by deciding
that the parent who has the children will transport them to the other parent when physical custody
switches. They also agreed that since Robert works every Thursday evening that instead of his
custodial time beginning at 5PM on Thursdays, he will receive the children on Friday morning and
have expanded time on Sundays. Currently the court order calls for the children to be returned at
noon on Sundays but, instead, Robert will keep the children until 4:30PM Sundays when he has to
leave for work. Finally, Charlene agreed that she will be flexible and "work with Robert" to
maximize his time with the children on his time off. This flexibility includes the possibility that the
children's custodial days with Robert may switch ifhe receives a different work schedule.
As you both may know, Bob and Charlene are both frustrated with their co-parenting relationship. I
tend to agree with Charlene that they need to stop litigating the kind of decisions that will help their
children. I, however, agree with Bob that there needs to be consistency and some guarantees that
the agreements that are made are followed. I will meet with the parties again on 02-16-02 and will
keep you informed about our progress. Please feel free to call with any questions or comments.
J1
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cc: Charlene Miller
Robert Baker
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4335A N. Front Street. Harrisburg, PA
17110 . (717) 236-6630 . FAX (717) 236-6677
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J.llwrcllee E. (lc..ler. PhI>
AlllhclI L. Slchhlll~, LSW
....
DATE:
TO:
02-20-02 ~"
Lee Oesterling, Esq ":-- ~
Jane Adams, Esq /'
Deborah L. Salem, MHS, CAC ,.!----" /
Robert Baker and Charlene Mille~
FROM:
RE:
The parties held their second mediation session with me on 02-16-02. I want to first retract a
statement made in my memo of 02-02-02 stating that the parties agreed that the children will begin
their custodial time with father Fri morning instead ofThurs night in exchange for extended time on
Suns. Both parties agreed that I overstated that decision and that it was only a "consideration to be
discussed further." At the latest session, they decided that they will keep the schedule exactly as it
is in their court order.
For the majority of the session the parties, although often emotional with each other, appeared to be
productively working through several issues that surround the inconsistencies apparent in their two
households where it comes to care of the children. Bob's mother was also a topic of concern
because she tends to have less strict boundaries with the children than either parent.
However, at some point in the session, Mr. Baker stated that "he still wanted his day in court."
When questioned about why he wanted such, he indicated that he was only coming to sessions with
me because Charlene asked for them. He insisted that he have "his'say before the judge" because he
had several pieces of infonnation that he believed would switch custody to him. Charlene was
tearful and stated, "I can't afford to go to court." I attempted to convince Mr. Baker that he may not
be satisfied with the court's decision and that he may be required to complete another custody
evaluation. 1 further suggested that his awareness of Charlene's problems with her oldest child did
not translate to a definition of parental fitness and would not likely translate to that with their two
children. Nonetheless, with increasing hostility, Mr. Baker insisted that he wanted to go to court.
Certainly, I do not believe this is the best option for these two parents. However, 1 am not sure that
Mr. Baker can be convinced otherwise. Unfortunately, at this time, although 1 was encouraged at
the first session and throughout most of our second session, that the parties could mediate their
differences, Mr. Baker's insistence to try and switch custody may prevail. Please call with any
questions. Also, please have your clients call if they change their position. 1 will meet with them
again.
cc:
Charlene Miller
Robert Baker
PLAINTIFFS
EXHIBIT
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42 Iillst MlIin Street
Meehllniesburg.l'A 17055
(717)790-5400
IN THE COURT OF COMMON I>>LEAS OF THE 9'1'11 .JUDlCIAL
DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA
CHARLENE M. BAKER
Plainti ff
No.
98-0824
v.
ROBERT E. BAKER
Defendant
Civil Action- Custody
Memorandum
MEMORANDUM IN ACCORDANCE WITH 91h JUD. DlST. C.R. NO 212-4
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Factllal Backgrolllld
Robert E. Bilker and Charlene Miller nee Baker lire the natural pllrents of two children,
Katara Baker, (DOB: 7/30/95) lInd Ryan Baker (DOB: 1/27/00). The parties were married on
December 29,1995. Charlene's son from a previous rellltionship, John Wileman (DOB: 1/26/91)
also resided with the couple during their marriage, although he is presenlly removed from Mrs.
Miller's home and placed in foster ellre subject to an ongoing juvenile dependency action.
During the pendency of the divorce which was ultimately entered on August 31 ,2000,
the parties have had periods of reconciliation and where therc appeared to be relative calm.
During these times the parties were bellcr able to communicate and co-parent regarding the
child(ren). Accordingly, through mutual agreement the parties entered into a stipulation
regarding custody of Katara Baker which was made an Order of Court on February 5"1 1999.
In September of 1999 Robert Baker petitioned the court to modify the existing custody
order due to what he perceived as Charlene's neglect, inappropriate discipline and lack of good
judgment in regard to the parties daughter Katara and Mrs, Miller's son from a prior relationship
John Wileman. After a conciliation conference the parties agreed to a custody evaluation by
Arnold T. Sheinvold, Ph,D. The evaluation was completed in May of2000 and while it did not
recommend a change in primary custody to Mr. lJaker for pragmatic reasons (work schedules)
the report docs indicate a concern regarding Charlene's discipline techniques and neglect of the
children. The report also indicates a history of mental health problems for Charlene Miller.
Following the birth of the parties second child Ryan Baker on January 27, 2000 and in
the interest of having an updated order of court to renect custody rights regarding both children,
the parties entered into another custody stipulation. The aforementioned stipulation was made an
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order of court on September I. 2000. The current order relleels unugreemenl whereby Ihe
parties would shure legul euslody with mother huving euslody every Sunduy Ihlln 12:00 p,m,
until Thursduy at 9:00 p,m, und ulltime nol with mill her to be with lhther. Iloliduy urrungemenls
and summer vacations were ulso provided lor.
, ,
In June 01'2001 Mr. Baker filed ul'etitionto Modify based upon his eoneems over Ihe
treatment of the children whilc in the care of their mother. Mr. Baker's coneem was again based
upon his perception that the children were being inadequately cared for. These concems were
accentuated by the fact that mother's child from a previous relationship was removed from her
care in conjunction with a dependency hearing. While Mr. Baker has maintained a sleadfast
belief that the children would be beller placed in his primary care he nonetheless was willing 10
allemptto mediate these issues in an allempt to avoid litigation. Accordingly, the parlies agreed
to generully continue the maller and participate in mediation with Debra Salem of Interworks.
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After efforts to resolve the mailer through mediation proved to be ineffective, Mr. Baker
petitioned the Court to have the mailer rescheduled. The Court Order of September I, 2000
remains in effect reflecting the aforementioned shared custodial arrangement.
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Name alld Age of Tile Cllildrell
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Proposed Order for Resollltioll of tile /IIatter
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The children arc Katara Baker 7 y/o and Ryan Baker 2 y/o.
Father proposes shared legal custody, with primary custody with father throughout the
week and one weekend out of every 4 weeks, Mother would have all other periods of partial
custody with the holiday and vacation schedule remaining unchanged,
IV
Names alld Addresses of FaclllaIWitlle,~,\'es
Robert E. Baker 140 Lawrence Lane. Carlisle I' A - Testimony regarding
himself his home and his relationship with his children.
Joyce A. MInnich 140 Lawrence Lane Carlisle, pA - Patemal
Grandmother will testify as to her relationship with her son. the grandchildren, the home
environment and her observations regarding Mrs. Miller and the children.
Roxanne L. Heberllg Acquaintance of both Robert Baker and Charlene Miller.
Will testify as to events she observed on or about May 23, 2002 which involve Mrs. Miller's
supervision of Ryan and Katara.
V
Names of Addre,~se,~ of Expert Witlle.ues
There arc no expert witnesses at present.
"'1/' N7
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CIIARLENE M. BAKER.
Plaintill"
IN TIlE emIRT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLV ANIA
v
CIVil. ACTION. LA W
ROBERT E, BAKER.
Defcllll:mt
NO.'ll! - Ol!24 CIVIL
IN CUSTODY
('OURT ORDER
AND NOW. this I () -t)J day of Augusl. :WO I. upon considerution of thc attached Custody
Concililltion Report. it is ordered and directed as tilllows:
1.
A heuring is scheduled in Courtroom No.5 of the Cumberland County Courthouse
on the ...;, ,8T/1 day of S'~&rniJ. fJe. . 200 I ut I" ()() A .M. At
this hearing. the Father. Robert E. Baker. shall be the moving party and shall
proceed initially with testimony. Counsel for the parties shalllile with the court and
opposing counsel a mcmorundum setting lorth thc history of custody in this case. the
issucs eurrcntly before the court. cach party's position on those issues. a list of
witncsses who will be culled to tcstily and a summary of the anticipated testimony of
each witncss. This memorandum shall bc liIed at Icast fivc (5) days prior to thc
mentioned hcaring date.
2.
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Pending further order of this court. tbis court's prior order of August 7. 2000 sball
remain in ellcel.
3. The parties may engage in mediation or other altcmative to resolving this case prior
to thc hearing. Costs of uny mediation will necd to be ugreed upon by the purtics. In
the cvent the parties belicve u second custody conciliution conference in advuncc of
the hcuring willuid in resolving the issucs. counsellor cither purty muy contuct the
conciliator directly to schedule thut confercnce.
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Edward E. Guido
Lce. E. Osterling. Esquire _ 79tJ -04-90
Jane Adums. Esquire
Philip Nusbuum
650 I..osh Roud
Shennans Dale. P A 17090
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CUM.CI:ul/.I,ij COUI~TY
PENNSYU!fJ'liA
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CII^,{I.ENE M. BAKER.
Plainlill'
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v
CIVil. ACTION - LA W
ROBERT E. BAKER.
Delcndant
NO. 98 - 0824 CIVIL
IN CUSTODY
Prior Judge: .I. Wesley Oler. .Ir.
CONCIJ.lATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITII THE CUMBERLAND COUNTY CIVIL RULE Or: PROCEDURE
1915.3-8(b).the undersigned Custody Conciliator submits the lilllowing report:
I. The pertinent inlimnation pertaining to the children who arc the subject of this litigation is
as follows:
Kalarll M. Baker. born July 30, 1995 and Ryan W. Baker. born .Ianuary 27. 2000.
2. A Conciliation Conference was held on August 2. 2001. with the following individuals in
allendanee:
The Mother. Charlene M. Baker. with her counsel. .lane Adams. Esquire: and the Father.
Robert E. Baker, with his counsel. Lee Osterling. Esquire. Also present was Philip
Nusbaum who is the court appointed child advocate lor John B. Wileman. The minor child
John Wileman is not the subject of these proceedings. but Mr. Nusbaum was present
because the Mother of these proceedings is also the mother of.lohn Wileman.
3. The parties currently have what amounts to be a shared physical custody arrangement
pursuant to an August 2000 order that was entered by stipulation. Father is now seeking
primal)' custody alleging that the mother is not providing adequate care for the children.
The parties arc unable to reach an agreement and a hearing is required. The partics may
want to engage in mediation prior to the hearing. but there was no agrcement of allocation of
costs for that mediation session.
4.
Judge Guido is more lilllliliar with this case because he has a dependency proceeding
involving the minor child .Iohn Wileman. Accordingly, since Judge Oler merely only signed
a stipulation. the conciliator recommends that this case be assigned to Judge Guido for a
hearing.
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AfIG 11 2000tP
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CHARLENE M. BAKER
Plainrlff
No. 98-824 ClVTT TFRM
v.
Civil Action - CUStody
ROBERT E. BAKER
Defendam
AND NOW, this
ORDER
/51- day of r;/,fJ};rm PHIl J
, 2000, on
consideration of the attacbed Stipulation for Entry of an Agreed Order of CUStody, it is hereby
ORDERED and DECREED that the terms and conditions of the aforementioned stipulation
Are hereby entered as an Order of Conn. It is funher Ordered that this conn retains
jurisdiction over any future litigation regarding custody of the parties minor children.
:
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151
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()e !'t/Jdan i Is
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IN THE COURT OF COMMON PLEAS OF
Clo"MBERLAND COUNTY, PENNSYL VANIA
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CHARLENE M. BAKER
Plaintiff
No. 98-824 CIVTT TERM
v.
Civil Action - CUStOdy
ROBERT E. BAKER
Defendant
STIPUJ.A TION FOR ENTRY OF AN AGREED ORDER OF CUSTODY
TIllS STIPULATION A.'iD AGREEMENT entered into this 7/-J, day Of-.A.YJ 1/.5';-
2000. by and belWeen Robert E. Baker, (hereinafter referred to as "Father") and Charlene M. Baker,
(hereinafter referred to as "Mother").
NOW TIllS AGREEMDiT WITNEssETH THAT:
WHEREAS, the Mother and Father, (hereinafter jointly referred to as the "parties"), are the
narural parents of lwo (2) children, namely. Katara M. Baker, born July 30. 1995 and Ryan W. Baker,
born Janullly 27,2000. (hereinafter "children"); and
WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of
the children.
NOW, THEREFORE, in consideration of the murual promises. covenants and agreemenlS as
-, hereinafter set forth and intending to be legally b<lw..:!, the parties hereto agree ~ foU~w~: . .
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I. Mother and Father shall share legal custody of the children. In accordance therewith,
both Mother and Father will keep each other advised and infonned of any important decisions or issues
affecting the children, including but not limited to: (1) access to all medical records of the children
including records of imnumizations and inoculations; (2) notice within twenty four (24) hours to the non-
custodial parent of any injury or illness of the children necessitating medical treatment or intervention; (3)
notice to the non-custodiaJ parent of any major medical procedure, operation or treatment to the children.
(4) Access [0 all school =ards including report cards and progress reportS.
2. The parties shall share physical custody of the children as set forth below:
3. Mother shall exercise her periods of physical custody with the children each week
commencing on Sunday at 12:00 noon until Thursday at 9:00 p.m.
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4. Father shall exercise his periods of physical custody with the children each week
commencing on Thursday at 9:00 p.m. until Sunday at 12:00p.m.
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5. The parties agree and stipulate that this division of custOdy and this particular schedule
shall not establish a prec..-dent for any furure award of custody and docs not prejudice either parcnlS
custodial righlS in any manner.
6. The parties agree to the schedule for holiday and vacation time with the children as set
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forth below:
A. Starting with filther on Thanksgiving Day 2000 the parties shall rotate the following holidays:
Easter. Memorial Day, Independence Day and Labor Day.
B. Starting Christmas 2000 and every even numbered year thereafter, (e.g., 2002, 2004 eu:.),
Mother shall have the Children from 12:00 p.m. on December 24'" through 12:00 p,m.
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present address will be subjecl 10 a prior relocation hearing before lhe Court of Common Pleas of
Cumberlnnd County, Pennsylvnnia unless olherwise agreed upon by lhe parties in writing.
13, Any modification or waiver of nny of lhe provisions of lhis agreemenl shall be
effective only if made in writing and only if execuled wilh lhe snme fonnaliry of lhis agreemenl.
14. The parties agree lhal in making lhis agreemenr lhere has been no fraud,
concealment, overreaching, coercion or olher unfair dealing on lhe pan of me olher.
IS. The parties hereby stipulate 10 lhe entry of lhe above as an order of court nnd waive
their righl to appear before lhe coUrt for lhe presentation of lhis stipulation nnd its incorporalion as nn
order. The parties further acknowledge lhal lhe Court of Common Ple:IS of Cumberlnnd County has
jurisdiction over lhe issue of cuslody of lhe parties' minor children and shall retain such jurisdiction
should circumsl3l1ces change and should eilher party desire further or require further modification of said
Order.
IN WITNESS WHEREOF, lhe parties herelO. intending to be legilly bound by lhe tenns hereof.
e day and year herein sel forth.
(SEAL)
Robe
clv.uJ(J 41,t
Charlene M. Baker
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(SEAL)
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CHARLENE M. BAKER,
PlaintW'
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LA W
V.
ROBERT E. BAKER,
Defendant
: NO. 98 - 0824 CIVIL
: IN CUSTODY
STIPULATION AND AGREEMENT
AND NOW, this ~'f ~ay of '5e~l.:.~ ,2001, aner a custody
coneilliation held on August 2, 200 I, the parties Hereby agree as follows:
I. The children who are the subject of this litigation arc Katara M. Baker, dob 7/30/95
and Ryan W. Baker, 1/27/00.
2. Plaintiff, Charlene M. Miller, (formerly known as Charlene M. Baker and hercinaner
referred to as "Plaintiff'), is the natural mother of the children.
3. Defendant, Robert E. Baker, (hereinaner referred to as "Defendant") is the natural
father of the children.
4. On August 2, 200 I the parties engaged in a custody concilliation before Hubert X.
Gilroy, Esquire.
5. On September 10,2001, an Order and Concilliation Conference Summary Report was
provided by Hubert X. Gilroy and signed by Judge Edward Guido. (See Exhibit A) The Court
Order provided that the parties may engage in mediation or other alternatives to resolving this
case prior to the hearing.
6. Plaintiff and Defendant agree to enter into mediation with Deborah Salem, of
Innerworks, in Harrisburg, Pennsylvania.
7. The costs of the mediation shall be equally divided by the parties.
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CHARLENE M. BAKER.
PlainliO'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLV ANI^
v
CIVIL ACTION - LA W
ROBERT E. BAKER.
Defendant
NO. 98 - 0824 CIVIL
IN CUSTODY
COURT ORDER
AND NOW. this J.QJh'day of August, 2001, upon consideration of the attached Custody
Conciliation Report. it is ordered and directed as tollows:
.
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A hearin>> scheduled in Cou 00 No 5 of the Cumberland County Courthouse
on the +h day of ,2001 at I:OD .e.M. Al
this hearing. the Father, Robert . Baker, shall be the moving party and shall
proceed initially with testimony. Counsel for the parties shalllile with the court and
opposing counsel a memorandum setting forth the history of custody in this case, the
issues currently before the court, each party's position on those issues. a list or
witnesses who will be called to testify and a summary or the anticipated testimony or
each witness. This memorandum shall be filed at least five (5) days prior 10 the
mentioned hearing date.
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2.
Pending rurther order of this court, this court's prior order of August 7. 2000 shall
remain in ellect.
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3. The parties may engage in mediation or other alternative to resolving Ihis ease prior
" to the hearing. Costs of any mediation will need to be agreed upon by the pm1ies. In
the event the parties believe a second custody conciliation conference in advance or
the hearing will aid in resolving the issues, counsel for either party may contact the
conciliator directly to schedule that conference.
BY THE COURT,
/s/ tJ"iOjj [Q/llnJ.
Edward E. Guido
ee: I.ee. E. Osterling. Esquire
Jane Adams, Esquire
Philip Nusbaum
650 Losh Road
Shcl'lnans Dale. P ^ 17090
. -.~.,:-..:-,,:"~-...
CHARLENE M. BAKER,
Plainlill'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v
CIVIL ACTION. LAW
ROBERT E. BAKER.
Delcndant
NO. 98 - 0824 CIVIL
IN CUSTODY
Prior Judge: J. Wesley Oler, Jr.
CONCILIATION CONFERENCE SUMMARY REPORT
.
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915,3.8(b), the undersigned Custody Conciliator submits the following report:
I. The pertinent infonnation pertaining to the children who are the subject of this I itigation is
as follows:
Katara M. Baker, born July 30, 1995 and Ryan W. Baker, born January 27, 2000.
2, A Conciliation Conference was held on August 2, 2001, with the following individuals in
altendance:
3.
The Mother, Charlene M. Baker, with her counsel, Jane Adams, Esquire; and the Father.
Robert E, Baker, with his counsel, Lee Osterling, .Esquire. Also present was Philip
Nusbaum who is the court appointed child advocate for John B. Wileman. The minor child
John Wileman is not the subject of these proceedings, but Mr. Nusbaum was present
becau~e the Mother of these proceedings is also the mother of John Wileman.
The parties currently have what amounts to be a shared physical custody arrangement
pursuant to an August 2000 order that was entered by stipulation. Father is now seeking
primary custody alleging lhat lhe mother is nol providing adequate care for lhe children.
'the parties an: unable to reach an agreement and a hearing is required. The parties IllUY
want to engage in mediation prior to the hearing, but there was no agreement of allocation of
costs for that mediation session,
4.
Judge Guido is more familiar with this case because he lias a dependency proceeding
involving the minor child John.Wileman. Accordingly, since Judge Oler merely only signed
a stipulation, the conciliator recommends that this case be assigned to Judge Guido for a
hearing.
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The conciliator recommends the entry of an order in the fonn as attached.
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CHARLENE M. BAKER,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-0824 CIVIL TERM
.,
v.
ROBERT E. BAKER,
Defendant/Petitioner
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this 25th day of November, 2002, after
hearing, our Order of September 1, is modified as follows:
1. Paragraphs 3, 4 and 5 are deleted.
2. Mother shall have primary physical custody of
the children subject to partial physical custody in Father as
follows:
A. One week from Thursday at 7:00 p.m. until
Sunday at 6:00 p.m.
B. The other week from Wednesday at 7:00 p.m.
until Friday at 7:00 p.m., said week to correspond with the week
that children'S half brother John visits with Mother.
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C. Such other times as the parties agree.
In all other respects, our Order. of September 1,
2000, shall remain in full force and effect.
Edward E. Guido, J.
Lee E. Oesterling, Esquire
For Defendant/Petitioner
Jane Alexander, Esquire
For Plaintiff/Respondent
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CUMB':I iliJ'.u COUN1Y
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
CHARLENE M. BAKER
Plaintiff
No. 98-824 CIVIL TERM
v.
Civil Action - Custody
ROBERT E. BAKER
Defendant
STIPULATION FOR ENTRY OF AN AGREED ORDER OF CUSTODY
TillS STIPULATION AND AGREEMENT entered into this 71-h day oc.li':J u.s.J-
2000. by and between Robert E. Baker, (hereinafter referred to as "Father") and Charlene M. Baker,
(hereinafter referred to as "Mo!her").
NOW TillS AGREEMENT WITNESSETH THAT:
WHEREAS, the Mo!her and Father. (hereinafter jointly referred to as the "parties"). are the
natural parents of two (2) children. namely. Kotara M. Baker, born July 30. 1995 and Ryan W. Baker,
born January 27. 2000. (hereinafter" children"); and
WHEREAS, the parties wish to enter into an agreement relative to !he custody and visitation of
the children.
NOW, THEREFORE, in consideration of the mutual promises. covenants and agreements as
hereinafter set forth and intending to be legally bound, the parties hereto agree as follows:
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I. Mother and Fnther shall shure legal cuslody of the children, Innccllrdance therewith,
both Mother nnd Father will keep each other ndvised nnd informed of any important decisions or issues
affecling the children, including but not Ihnlled 10: (I) nccess to all medical records of the children
including records of immunizations and inoculations; (2) notice wilhin lwenty four (24) hours to the non-
custodial parent of any injury or illness of the children necessitating medical treatment or intervention; (3)
notice to the non-custodial parent of any major medical procedure. operation or treatment to the children,
(4) Access to all school records including reporl cards and progress reports.
2. TIle parties shall share physical cUSlody of the children as set forOI below:
3. Mother shall exercise her periods of physical cuslody WiOI the children each week
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commencing on Sunday at 12:00 noon untilTIlUrsday at 9:00 p.m.
4. Father shall exercise his periods of physical cuslody with the children each week
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commencing on TIlUrsday at 9:00 p,m. until Sunday at 12:00p,m.
5. TIle parties agree and slipulate that Olis division of custody and Olis particular schedule
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shall not establish a precedent for any future award of custody and does not prejudice eiOler parents
custodial rights in any manner.
6. TIle parties agree to Ole schedule for holiday and vacation time with Ole children as set
forth below:
MoOler shall have the Children from 12:00 p.m. on December 24"' through 12:00 p.m.
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A. Starting with father on Thanksgiving Day 2000 the parties shall rotale the following holidays:
EaSler, Memorial Day. Independence Day and Labor Day.
B. Starling Christmas 2000 and every even numbered year Olereafter, (e.g., 2002, 2004 etc.),
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Dccember 25"' and falhcr shull hnvc the children from 12:00 p.m. Deccmber 25'10 through
12:00 p.m. Deccmber 26th.
C. Slarling ChrislIllus 2001 und cvcry odd numbcred yeur thercaftcr. (c.g.. 2003, 2005 CIC,)
Father shnll hnvc thc Childrcn from 12:00 p.m. on Deccmber 24"' lhrough 12:00 p.m.
Dcccmber 25"' and Mothcr shnll hnvc the children from 12:00 p.m. December 25"' through
12:00 p.m, Deccmber 26th.
D. Upon twenty days prior notice to the other pnrty. Motiler und Father shall ench be entitled to
two non-consecutivc but uninlcrrupted weeks of vacation cvery culendar ycar.
7. TIle partics shull huve rcasonablc lelephone conlact with tile childrcn during the other
partiy's pcriods of physical custody or visitntion as tile casc may be and both Mother and Father shall
make all efforls to ensurc such contact.
8. TIle partics shull do notiling that may cstrange tile childrcn from thc development of
tile child's love or affection for tilC otilcr party.
9. The parties will endcavor to establish a positive and amicable relationship in
rccognition of thc mutual goal of promoting a happy and healthful rclationship that is in the best intercsts
of tile children.
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10. Neithcr party shall usc alcohol in the presencc of thc childrcn.
II. Neither parly shall bring the childrcn into tile prcsence or care of anyone known to
tile parties to be a dangcr to otilers or who prcscnts a threat to the childrcn's physical mental moral or
emotional healtil.
12. TIle parties hcreby agrcc that any relocution outside of a 100 mile radius of their
,
Cumberland County, Pennsylvania unless otherwise agreed upon by the parties in writing.
present address will be subject to a prior relocation hearing before the Court of Common Pleas of
13. Any modifieation or waiver of any of the provisions of this agreement shall be
effective only if made in writing and only if executed with the same formality of this agreement.
14. TIle 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.
15. TIle parties hereby stipulate to the entry of the above as an order of court and waive
their right to appear before the court for the presentation of this stipulation and its incorporation as an
order. TIle parties further acknowledge that the Court of Common Pleas of Cumberland County has
jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction
should circumstances change and should either party desire further or require fulther modification of said
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Order.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof,
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(SEAL)
Rober E. Baker
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Charlene M. Baker
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02 P/OV 25 AH 9: 34
CUM8ERUJ'!l) COUNlY
PENNSYLVIINIA
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CHARLENE M. BAKER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
V.
ROBERT E. BAKER,
Defendant
. NO. 98 - 0824 CIVIL
: IN CUSTODY
PLAINTIFF'S PETITION TO ALLOW TESTIMONY OF CASA WORKER
AND NOW COMES, Plaintiff, Charlene MlIIer, by and through her attorney, Jane
Adams, Esquire, and respectfully represents the following:
1. Plaintiff is Charlene M. Baker. natural mother of Ryan Baker (DOB 1/27/2000)
and Katara Baker (DOB 7/30/1995),
2. Defendant Is Robert E. Baker, natural father of Ryan and Katara Baker.
3. In August, 2002, Defendant petitioned for hearing in this matter; the hearing is
currently scheduled for Monday, November 25, 2002.
4. Charlene Baker and James Wileman are the natural parents of John
Wileman, DOB 1/26/91, a dependent child, who is currently in the custody of his
paternal grandmother, Betty Wileman.
5. Phlllip Nusbaum is a Cumberland County Court Appointed Special Advocate
(CASA) volunteer who has been appointed to the case of John Wileman.
6. On or about August 5, 2001. 2002, Phlllip Nusbaum attended a custody
concllliation before Hubert X. Gilroy, regarding Ryan and Katara Baker voluntarily and
not by Plaintiff's request.
7, Phillip Nusbaum has observed Charlene Miller in her home with Ryan and
Katara Baker during the course of his work as a CASA.
8. Phlllip Nusbaum has briefly observed Robert Baker.
9. Phillip Nusbaum has observed both parents and could provide information
and an opinion on what is in the best Interest of the children.
10. Phillip Nusbaum has also made a recommendation to Charlene MlIIer
regarding seeking primary custody of Ryan and Katara Baker.
11. On November 22, 2002, Anita Brewster. Program Coordinator of CASA
called Plaintiff's counsel and indicated that she was concerned about a CASA worker
testifying in a civil case.
12. Plaintiff believes that Phillip Nusbaum could provide valuable and reliable
Information to this Honorable Court regarding what Is In the best interests of Ryan and
Katara Baker.
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Respectfully submitted,
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WHEREFORE, PlaIntiff, Charlene Miller, requests this Honorable Court to allow
Phillip Nusbaum to testify at the hearing currently set for Monday, November 26, 2002
in the above-referenced case.
Date: ) 1- ~d- - 0 d...,
e Adams, Esquire
. No. 79465
South Pitt Street
Carlisle, Pa, 17013
(717) 245-8508
ATTORNEY FOR MOTHER
CHARLENE (BAKER) MILLER
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CERTIFICATE OF SERVICE
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AND NOW, this 22"d day of November 2002, I, Jane Adams, Attorney for Plaintiff
hereby certify that a copy of Plaintiffs Petition has been duly served upon the following
parties by FAX:
Lee Oesterling, Esquire
42 East Main Street
Mechanicsburg, Pa. 17055
DEFENDANT'S ATTORNEY
Anita Brewster, Casa Program Coordinator
Human Services BUildling, 3rd floor
16 W. High Street
Carlisle, Pa. 17013
qJane Adams, Esquire
I.D o. 79465
7 South Hanover St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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CHARLENE BAKER,
PluintifflPetitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACfION - LAW
: NO. 98 - 824 CIVIL TERM
ROBERT E. BAKER,
Defendunl/Respondent
: IN DIVORCE
ORDER OF COURT
AND NOW, this
'-.(:)1 ~ day of April, 1998, ufter review of the Petitioncr's
Motion for Continuancc, it is hereby ordered thut the hearing scheduled for April 16, 1998, at
9:00 u.m. in Courtroom No. I of the Cumberland County Courthousc, is continued gcnerally.
The Petitioner muy submit a Petition ut any time in the future to reschedule this mattcr beforc
this Court.
BY THE COURT,
cc:
James J. Kayer, Esquire
Counsel for Charlene Baker, Petitioncr
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Tuylor P. Andrews, Esquire
Counsel for Robert E. Baker, Rcspondent
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Pluinliff/Pctitioncr
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LA W
: NO. 98 - 824 CIVIL TERM
ROBERT E. BAKER,
Defcndant/Respondcnt
: IN DIVORCE
MOTION FOR CONTINUANCE
COMES NOW, Petitioner, Charlcnc Baker, by und through hcr connsel, Jamcs J.
Kayer, Esqnire, who does hercby aver as follows:
I. Petitioner filed a Petition for Exclusive Possession of the Marital Home on or
about Febnmry 20, 1998.
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2, TIle parties have continned to reside in the same home.
4, As the parties are attempting to reconcile their differences, the Petitioner is no
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longer seeking the relief she previonsly sought, including exclusive possession of the marital
home.
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5. Acting upon the Petitioner's previons Petition, the Court had scheduled a hearing
Respectfully submitted,
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set for April 16, 1998 at 9:00 a,m.
WHEREFORE, Petitioner requests this Honomb1e Court to continue generally the
hearing schcduled for April 16, 1998, at 9:00 a.m.
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Jal~psTKay r, ~iire
KaYer and 8 ow
4 Eust Liberty Avenue
ctirlisle PA 17013
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CERTIFICATE OF CONCUlm";NCE
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Petitioner'!l counsel contucted the Respondent's connsel by telephone on April 13, 1998,
und ufter discussing the contents of this Motion, the counsel for Respondent indicates that he
CONCURS with the relief sought by Petitioner.
Date:
Lf/15/1t'
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Jumc.( lKuy, ,Es tre
Lib,e~y LofV,
4 E~st Liberty Avenue
Carlisle, PA 17013
(717) 243-7922
CHARLENE BAKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. . CIVIL ACTION - LAW
.
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ROBERT E. BAKER, .
.
Defendant : NO. 98-0824 CIVIL TERM
AND NOW, this
ORDER OF COURT
l? tL day of April,
1998, upon agreement of
counsel, the hearing previously scheduled for April 16, 1998, is
CANCELLED.
Counsel are requested to advise the Court if the
hearing needs to be rescheduled.
BY THE COURT,
James J. Kayer, Esq.
4 Liberty Avenue
Carlisle, PA 17013
Attorney for Plaintiff
Taylor P. Andrews, Esq.
78 W. Pomfret Street
Carlisle, PA 17013
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHARLENE BAKER
Plaintiff,
v.
No, 98-0824 CIVIL TERM
ROBERT E. BAKER
Defendunt
Civil Action - Divorce
PRAECIPE AND NOTICE OF ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of the Defendant, Robert E. Baker in the
above-captioned matter,
f4
Lee E. Oester Illg Supreme Court I,D, # 71320
Law Offices ofHazlelt & Oesterling
22 South Market Street
Mechunicsburg, P A 17055
(717)790-0490
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her to he gninfnlly employed, She docs nol hnve snfficielll fnnds to provide for herself nnd her danghler's
necessary day 10 day needs allll is in need of child and sponsal snpp0l1 to assist hcr in mceting her daily necds,
9, Petitioncr has no nhility whatsoever to sccure a new residencc ontside the partics' fonner mnritnl
residcnce,
10, Respondent is gainfully employed, and cntered the marital relationship wilh fcw pre'lnarital
possessions, As he has a regnlar und signiticant sonrce of income, he has the ahility to secnre a new residence
wilh rclativcly little difficnlty,
II, Thc Rcspondent's threuts and Ihe fear that is held by the minor child as wcll as the Pctitioncr, is
having a negative impact nponthe parties' minor child and will continne to have snch an impact npon the child
until snch time as an agrecment is reached or an order is entered to provide for thc Respondent to refrain from
entering npon the fonncr marital residence.
12, The Respondent has made other threats that havc cansed the Petitioncr to be concern cd that the
Respondent may enter the residence and remove personal property belonging to the Petitioner or the Petitioner's
danghter, or otherwise damage the property presently nnder the Petitioner's control.
WHEREFORE, Petitioner reqnests this Honorable Conrt to enter an order providing for her to have
exclnsive possession the parties' IIlHrilUl residence located ut 16 East Big Spring A venue, Newville, Cnmberland
Connty, Pennsylvania,
Respectfnlly snbmitted,
KA YER & BROWN
By: ' ." ( , I:.
Jam~s J, Ka er sqnire
Sll!}rell1e ~l I.D, #50838
4 East Lib rty A venne
Carlisle, PA 17013
(717) 243-7922
Attorney for Plainliff/pelitioner
Date: February 20, 1998
FEB 4 1999:)
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CHARLENE M, BAKER,
PlaintilT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 98 - 824 CIVIL TERM
CIVIL ACTION - LAW
ROBERT E, BAKER,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
day of February, 1999, upon consideration of the attached Petition, it is
hereby directed that the parties and their respective counsel appear before
, Esquire,
Custody Conciliator, on
of
,1999, at
o'clock
_,M., for a Pre-Hearing Custody Conference, At such conference, an elTort 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 u 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 or permanent order,
FOR THE COURT,
By:
, Esquire
Custody 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, Pennsylvania 17013
Telephone (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas ofCumberlund County is rcquired by law to comply with the Americans
with Disabilities Act of 1990, For information about uccessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office, All arrangements
must be made at least 72 hours prior to any hearing or business before the court, You must attend the
scheduled conference or hearing.
Jumes J, Kayer, Esquire
Attorney for Plaintiff
4 East Liberty Avenue
Liberty Loft
Carlisle, PA 17013
(717) 243-7922
cc: James J, Kayer, Esquire
Attorney for Plaintiff
Lee Oesterling, Esquire
Defendant
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6. The relationship ofPlaintifi'to the child is that of mother, The PlaintilTcurrcntly residcs with the
following person(s):
Name
RelationshiD
John Wileman
Son
7. The relationship of the dcfendant to thc child is that of father, The Defendant currcntly resides
with child and the following person(s):
Namjl
Relationship
Unknown
8, PlaintilT has not participated as a party or witness, or in unother capacity, in other litigation
concerning the custody of the child in this or another court. P1aintilT has no information of a custody
proceeding concerning the child pending in a court of this Commonwealth, Plaintiff does not know ofa
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,
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9, The best interest and permanent welfare of the children will be served by granting primary physical
custody of the children to the Plaintiff. The Defendant has removed the child from the marital home,
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disrupting the child's relationship with her mother and half brother, The Plaintiff has been the primary
caretaker of the child throughout her life and is available to stay with the child each day whereas the
Defendant works full-time and is unavailable.
10. Each parent whose parental rights to the child has not been terminated and the person who has
physical custody of the child have been named as parties to this action. All other persons, names below, who
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are known to have or claim a right to custody or visitation of the child will be given notice of the pendency
of this action and the right to intervene:
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CHARLENE M, BAKER,
I'luintifT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LA W
NO, 98-824 CIVIL
IN CUSTODY
v
ROBERT E. BAKER.
Defcndant
Prior Judge: J, Wesley Oler, Jr.
CONCILIATION CONFERENCE SllMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915,3-8(b), the undersigned Custody Conciliutor submits the following report:
I. The pertinent information pertaining to the child who is the subject of this Iitigution is as
follows:
Katuru M, Baker, born July 30, 1995,
2, A Conciliation Conference was held on October 7, 1999, with the following individuals in
uttendunce:
The Mother, Charlene M, Baker, with her counsel, James J. Kuyer, Esquire; and the Futher,
Robert E, Buker, with his counsel, Lee E, Osterling, Esquire,
3, The parties ugree to the entry of an order in the form as attached.
/O/7! ?r;
DATE
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Hubert X, Gilroy, squire
Custody Conci ' tor
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CHARLENE M. BAKER (MILLER),
l'lulntlff
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IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ROBERT E. BAKER,
Defendant
NO. 98-824
IN CUSTODY
Prior Judge: Edward E. Guido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Katara M. Baker, born July 30, 1995 and Ryan W. Baker born January 27,2000.
2. A Conciliation Conference was held on June 1, 2006, with the following individuuls in
attendance:
The mother, Charlene M. Baker (Miller), with her counsel, Jane Adams, Esquire,
and the father, Robert E. Baker, with his counsel, Jessica Holst, Esquire.
3.
The parties agree to the entry of an Order in the form as attached.
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Distribution:
Jcssicu Holst, Esquire
MidPenn Legul Services
401 E, Louthcr Slrcet. Suite 103
Curlisle, PA 17013
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Churlene Millcr, pro sa P/aillti.fflRaspol/(/a/ll
1334 Grundview Court
Curlisle, PA 17013-1341
n, Rcfusing to pcrmil pathcr to e~crcise his pcriods of partinl custody.
b, Refusing to ullow pathcr 10 have lclephone contact with Kalarll and
Ryan,
c. Muking dcrogatory comments about Futher to the children.
6, Mother is not acting in the children's bcsl inlcresl for rensons including, but
not limited to, the following:
a, Mothcr hns refuscd to nil ow pnther to exercise his periods of partial
physical custody for two months. Mother's actions began when
Fathcr's child support obligation wns drastically reduced ns u result of
a disability diagnosis.
b, Mother's uctions have interfered with Father's ability to mnintain and
nurture healthy father/daughtcr and father/son relationships with
Katara and Ryun and that does not serve their best interests,
c, Since the end of March 2006, Mother has not allowed Father to have
reasonable telephone contact with Katara or Ryan. Fathcr has
confirmed with Sprint that Mother placed a block on her home phone
to block Father's ubility to call the children from his home phone.
Father has tried to reach Mother through her cell phone but she either
docs not answer or does not return his messages.
d, Mother does not communicate with Father in order to co-parent the
children or cooperate in addressing issues which may arise regarding
the children,
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7, Futhcr is cntitled to 1110dificd flcriods offlul'tiul custody, which is in the
childrcn's bcst intcrcsts, for rcusons including but not Iimitcd to the following:
u, Dcspite thc schcdulc outlincd in the currcnt Ordcr, Futhcr und Mother
reuchcd II vcrbul agrecl11entthut Futhcr's visits would tuke flluce on
ultcmuting wcckcnds from Friday through Sunday so thut Father's
timc did not intcrfcrc with the childrcn's school schcdulc, Futhcr
would Iikc to havc this verbul agrCCl11ent mcmorializcd us un Order to
bcller cnsurc his entitlement to pcriods of partial physical custody with
thc children,
b. Until Mothcr began denying Father his pcriods of purtial custody with
the children, Futher providcd all transportation for custody cxchanges,
Since Mother has bccolllc argumentative towards Father, Father seeks
to change the Ilxchange point to the Carlisle State Police Barracks.
c, Father has a stable and safe home environmcnt whcre he can provide
appropriate supervision and shelter for the children during periods of
partial custody,
8. Counsel for Father Contacted Mother's prior aUomey from the Novembcr
2002, hcaring, Jane Alcxander, Esquire, and was advised that she did not
represent Mother.
WHEREFORE, Father respectfully requests that this honorable Court order the
following relief:
u, That Mother be found in contempt of the November 25,2002, Court Order.
I
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CHARLENE M, BAKER (MILLER): IN TIlE COURT OF COMMON PLEAS
Pluintiff/Rcspondcnt : CUMBERLAND COUNTY, PENNSYLVANIA
x,
NO. 98-824
CIVIL TERM
ROBERT E. BAKER,
DefcndunllPctitioncr
IN CUSTODY
CERTIFICATE OF SERVICE
I, Jessica Holst, Esquire, of Mid Penn Legal Scrviccs, attorney for Pctitioncr, Robert E,
Baker, hereby certify thut 1 huve served a copy of the forgoing Petition for Contempt and
Modification on the following date and in the manner indicated below:
U.S. First Class Certified Mull, Return Receipt. Restricted Deliverv
Charlene Miller
1334 Grandview Court
Carlisle, PA 17013
Date: ~ Of"/ 0kJo(.
Jessic Hol ,Esquire
Cou el for Plaintiff
MidPenn Legal Services
401 E, Louther Street, Suite 103
Carlisle, PA 17013
(7 I 7)243-9400
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CHARLENE M. BAKER (MILLER): IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
w.
NO. 98-824
CIVIL TERM
ROBERT E. BAKER,
Defendant/Petitioner
IN CUSTODY
PETITION FOR CONTEMPT AND MODIFICATION
Petitioner, Robert E. Baker, by and through his counsel, MidPenn Legal Services,
states the following:
I. Defendant/Petitioner, hereinafter referred to as Father, resides at 140
Lawrence Lane, Carlisle, Cwnberland County, Pennsylvania 17013.
2. Plaintiff/Respondent, hereinafterreferred to as Mother, resides at 1334
Grandview Court, Carlisle, Cumberland County, Pennsylvania, 17013.
3. The above-named parties are the natural parents of Katara Baker, bom July
30, 1995 and Ryan Baker, bom January 27, 2000.
4. The current Custody Order is dated November 25, 2002, and was entered
following a hearing before Judge Guido. The Order (attached hereto as
Exhibit A), in pertinent part, grants the parties shared legal custody of the
children. Mother has primary physical custody ofthe children and for one
week, Father has periods of partial physical custody from Thursday through
Sunday and for the following week from Wednesday through Friday.
5. Mother has willfully disobeyed the Order in ways including, but not limited
to, the following:
-
a. Refusing to permit Father to exercise his periods of partial custody.
b. Refusing to allow Father to have telephone contact with Katara and
Ryan.
c. Making derogatory comments about Father to the children.
6. Mother is not acting in the children's best interest for reasons including, but
not limited to, the following:
a. Mother has refused to allow Father to exercise his periods of partial
physical custody for two months. Mother's actions began when
Father's child support obligation was drastically reduced as a result of
a disability diagnosis.
b. Mother's actions have interfered with Father's ability to maintain and
nurture healthy father/daughter and father/son relationships with
Katara and Ryan and that does not serve their best interests.
c. Since the end of March 2006, Mother has not allowed Father to have
reasonable telephone contact with Katara or Ryan. Father has
confirmed with Sprint that Mother placed a block on her home phone
to block Father's ability to call the children from his home phone.
Father has tried to reach Mother through her cell phone but she either
does not answer or does not return his messages.
d. Mother does not communicate with Father in order to co-parent the
children or cooperate in addressing issues which may arise regarding
the children.
-
7. Father is entitled to modified periods of partial custody, which is in the
children's best interests, for reasons including but not limited to the following:
a. Despite the schedule outlined in the current Order, Father and Mother
reached a verbal agreement that Father's visits would take place on
alternating weekends from Friday through Sunday so that Father's
time did not interfere with the children's school schedule. Father
would like to have this verbal agreement memorialized as an Order to
better ensure his entitlement to periods of partial physical custody with
the children.
b. Until Mother began denying Father his periods of partial custody with
the children, Father provided all transportation for custody exchanges.
Since Mother has become argumentative towards Father, Father seeks
to change the exchange point to the Carlisle State Police Barracks.
c. Father has a stable and safe home environment where he can provide
appropriate supervision and shelter for the children during periods of
partial custody.
8. Counsel for Father contacted Mother's prior attorney from the November
2002, hearing, Jane Alexander, Esquire, and was advised that she did not
represent Mother.
WHEREFORE, Father respectfully requests that this honorable Court order the
following relief:
a. That Mother be found in contempt of the November 25, 2002, Court Order.
-
b. That this matter be scheduled for a custody conciliation to establish terms of a
modified custody schedule.
c. That Father immediately be permitted periods of partial custody on alternate
weekends until further order of the court and that the parties shall exchange
custody at the Carlisle State Police Barracks.
d. That Father immediately be permitted reasonable telephone contact with
Katara and Ryan while they are in Mother's custody.
e. Any other relief this Court finds just and proper.
Respectfully submitted,
Jess' a 0 st, squire
At rney for Def(mdantlPetitioner
MidPenn Legal Services
401 E. Louther Street, Suite 103
Carlisle, PA 17013
(717) 243-9400
r
VERIFICATION
The above-named PETITIONER, ROBERT E. BAKER, verifies
that the statements made in the above petition for Contempt
and Modification are true and correct. Defendant
understands that false statements herein are made subject
to the penalties of 18 pa. C.S. 94904, relating to unsworn
falsification to authorities.
Date: I..f<d-I v 0(,
Rit-f' fr,- ~
Robert E. Baker
....
CHARLENE M. BAKER (MILLER): IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYL VANTA
x.
: NO. 98-824
CIVIL TERM
ROBERT E. BAKER,
Defendant/Petitioner
IN CUSTODY
CERTIFICATE OF SERVICE
I, Jessica Holst, Esquire, of Mid Penn Legal Services, attorney for Petitioner, Robert E.
Baker, hereby certify that I have served a copy of the forgoing Petition for Contempt and
Modification on the following date and in the manner indicated below:
U,S. First Class Certified Mail, Return Receipt. Restricted Delivery
Charlene Miller
1334 Grandview Court
Carlisle, PAl 7013
Date: cJ.I (]fe,j ;IDoL.
~
J essic Ho Is , Esquire
CoUJ el for Plaintiff
MidPenn Legal Services
401 E. Louther Street, Suite 103
Carlisle,PA 17013
(717)243-9400
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CHARLENE M. BAKER (MILLER): IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
y.
ROBERT E. BAKER,
Defendant/Petitioner
: NO. 98-824
CIVIL TERM
IN CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Robert E. Baker, Petitioner, to proceed in fornla pauperis.
I, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I
the party.
Je sica ols, Esquire
idPenn Legal Services
401 E. Louther Street, Suite 103
Carlisle, P A 17013
(717) 243-9400
believe the party is unable to pay the costs and that I am
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CHARLENE M. BAKER (MILLER)
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
V.
98-824
CIVIL ACTiON LAW
ROBERT E. BAKER
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Monday, May 01, 2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq.
at 4tb Floor, Cumberland County Courthouse, Carlisle on Thursday, June 01, 2006
, the conciliator,
at 10:30 AM
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 may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing,
FOR THE COURT.
By: /5/
Hubert X Gilro Es
Custody Conci Iiator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For infonnation 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 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VE AN ATTORNEY 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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CHARLENE M. BAKER (MILLER),
Plaintiff
JUN I 6 20U6
13 . C/
IN THE COURT OF CO . .. .
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
ROBERT E. BAKER,
Defendant
NO. 98-824
IN CUSTODY
COURT ORDER
AND NOW, this ~~~ day of June, 2006, upon consideration of the attached
Custody Conciliation report, it is ordered. and directed as follows:
1. This Court's Order of September I, 2000 shall remain in effect subject to the
elimination of the visitation schedule set forth in paragraph 4, 5, and 6 of said
Order.
2. This Court's Order of November 25, 2002 is vacated.
3. The following custody schedule shall apply in this case:
a. The mother and father shall enjoy shared legal custody of the minor
children.
b. The mother shall enjoy primary physical custody of the minor
children.
c. The father shall enjoy temporary physical custody of the minor
children on alternating weekends from Friday between 5:00 and 6:00
p.m. until Sunday between 5:00 and 6:00 p.m., said times for actual
pick up and delivery to be agreed upon by the parties. The father shall
.,
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also enjoy periods of temporary custody at such other times as the
parties agree.
4. Father shall insure that he is aware of all medical conditions and medications
relating to the children, and father shall insure that the children receive
prescribed medications and prescribed treatment while they are in his
custody. This shall include father addressing any sleep issues relating to one of
the minor children.
5. The parties shall continue to enjoy reasonable telephone contact with the
minor children when they are in the custody of the other parent. Specifically,
mother shall endeavor to have the children contact father to insure father
experiences reasonable telephone contact, such that the children may make
calls to the father. In the alternative, the mother shall make the children
available to the father for reasonable telephone access.
6. The holiday schedule under the prior Orders shall remain in effect.
7. In event either party desires to modify this Order, that party may petition the
Court to have the case again scheduled with the Custody Conciliator for a
Conference.
Judge Edward E. Guido
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CHARLENE M. BAKER (MILLER),
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
ROBERT E. BAKER,
Defendant
NO. 98-824
IN CUSTODY
Prior Judge: Edward E. Guido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML RULE OF
PROCEDURE 19I5.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Katara M. Baker, born July 30, 1995 and Ryan W. Baker born January 27,2000.
2. A Conciliation Conference was held on June I, 2006, with the following individuals in
attendance:
The mother, Charlene M. Baker (Miller), with her counsel, Jane Adams, Esquire,
and the father, Robert E. Baker, with his counsel, Jessica Hoist, Esquire.
3. The parties agree to the entry of an Order in the form as attached.
fJ - ( S~ II ~
DATE
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Sheri D. Coover, Esquire
Attorney ID 93285 ~,;"~,k~r~LA~y.I? ~~~~~`~
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Scaringi & Scaringi, P.C. r
Et~~~SYL~`~N1~
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
sheri(a~scaringilaw.com
CHARLENE M. BAKER (MILLER-HESS),
Plaintiff
vi.
ROBERT E. BAKER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION -LAW
NO. 98-824
1N CUSTODY
MOTION TO MODIFY CUSTODY ORDER/MOTION FOR CONTEMPT OF
CUSTODY ORDER
AND NOW, comes Defendant/Petitioner Robert E. Baker, by and through his
attorneys, Sheri D. Coover, Esquire and the law firm of Scaringi & Scaringi, P.C. and
files the following MOTION TO MODIFY CUSTODY/MOTION FOR CONTEMPT OF
COURT ORDER and in support thereof avers as follows:
l . On or around June 23, 2006, the Honorable Judge Guido entered an Order
of Court which granted Mother and Father shared legal custody of the minor children,
Katara Marie Baker (DOB 7/3011995) and Ryan William Baker (DOB 1/27/2000). (A
true and correct copy of the June 23, 2006 Court Order is hereby attached to this
Petition.)
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2. The Order also granted Mother primary physical custody of the minor
children and Father periods of custody on alternating weekends from Friday between
5:00 and 6:00 p.m. until Sunday between 5:00 and fi:00 p.m. at times to be agreed upon
by the parties.
3. The Order also states that the parties are to continue to enjoy reasonable
telephone contact with the minor children when they are in the custody of the other
parent.
4. Defendant/Petitioner incorporates paragraphs 1 through 3 above in their
entirety.
5. Mother has engaged in actions that are not in the children's best interest,
including the following:
a. Mother has refused to allow Father to exercise his periods of partial
custody with Ryan for the last several months. Father has been receiving
text messages from Ryan filled with derogatory statements and curse
words that state that Ryan does not want to go to visitation with Father.
Father believes that these text messages were actually authored by Mother.
Upon information and belief, Father believes that Mother bribes Ryan
with money and gifts to keep him from going on visitation times with
Father;
b. Mother allows John Wileman, the children's twenty-year-old half-brother,
to be physically and mentally abusive to Katara and Ryan. Mother fails to
intervene when Jolu1 hits Katara and Ryan;
c. Mother's relationship with Katara is estranged. Katara is pregnant and
Mother has not been supportive of Katara's relationship or Katara's
decisions regarding her unborn child. On August 7, 2012, Katara called
the police because she did not feel safe in Mother's home. The police
advised Katara to go and stay with her father to take a break from
Mother's home. On August 9, 2012, Defendant/Petitioner received a text
message from Plaintiff/Respondent that she was throwing Katara out of
her home and that Katara should move into the Defendant/Petitioner's
home. Mother stated that she was placing Katara's property at the end of
her driveway and that Father should retrieve her property. Since August 9,
2012, Katara has resided with Defendant/Petitioner.
d. Mother drives with the children in the vehicle, despite the fact that she was
advised by a doctor that it was not safe to drive because of her eyesight;
e. Mother's home is bug-infested and unsafe due to Mother's failure to
maintain the home;
£ Mather fails to allow Father to have reasonable telephone contact with
Ryan or Katara (while she was in Mother's care). When Father is
permitted to speak to Ryan, Mother insists that the conversation be on
speaker phone and Mother listens to the entire conversation between
Father and Ryan. She does not allow Father to have meaningful
conversation with his son;
g. Mother will not communicate with Father and will not discuss parenting
issues with Father regarding the children;
h. Mother has met three different men on the Internet that she has invited to
the home with her children present. She directs her children to lie to her
current husband about the individuals that she has visit her at the home
when he is not present. This is not a good example for the children;
i. Mother disappeared for three days without telling anyone, including the
children, where she was going. She did not make plans on having anyone
care for the children while she was gone. These actions were very
stressful for the children who did not know where their mother was;
j. Mother has engaged in actions in an attempt to interfere with Father's
ability to maintain and nurture health relationships with Katara and Ryan.
6. It is in the best interest of the minor children for the current custody Order to
be modified to grant him primary physical custody of Katara and Ryan because he can
provide a stable and nurturing environment for the children.
WHEREFORE, Father requests that this Court modify the June 23, 2006 Court
Order to grant him primary physical custody of the minor children Katara and Ryan.
MOTION FOR CONTEMPT OF COURT ORDER
7. Defendant/Petitioner incorporates paragraphs 1 through 6 above in their
entirety.
8. Mother has refused to allow Father to exercise his periods of physical
custody with Ryan since June 2012 as stated in the June 23, 2006 Court Order.
9. Mother has refused to allow Father reasonable telephone contact with the
minor children during her periods of custody as stated in the June 23, 2006 Court Order.
10. Mother continues to deny Father his rights stated in the June 23, 2006
Court Order despite Father's rights to exercise his custodial rights.
11. This is the second petition for Contempt of Court that has been filed by
Father. Mother's actions in denying Father his custodial period and telephone calls was
addressed by this Court previously and has not changed despite the Court's previous
warnings.
WHEREFORE, Father respectfully requests that this Court:
a. Find Mother in contempt of the June 23, 2006 Court Order regarding
shared legal and physical custody;
b. Father's Petition for Modification and Contempt of Court shall be
addressed at a hearing before the Court;
c. Mother shall be assessed a $5,000.00 penalty to be paid to Father to
reimburse him for court and attorney fees for the necessity to pursue this
contempt of the Court's Custody Order;
d. The current Court Order shall be modified to grant Father primary
physical custody;
Other relief that this Court determines to be just and proper.
submitted,
S~Ieri~. Coover, Esquire
caringi & Scaringi, P.C.
44 S. Hanover Street
Carlisle, PA 17013
Sheri D. Coover, Esquire
Attorney ID 93285
Scaringi & Scaringi, P.C.
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
sheri(a~ scarin~ilaw. com
CHARLENE M. BAKER (MILLER-HESS),: IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY
:PENNSYLVANIA
v.
ROBERT E. BAKER,
Defendant
CIVIL ACTION -LAW
NO. 98-824
IN CUSTODY
VERIFICATION
I, Robert E. Baker, verify that the statements made in this complaint are true and
correct. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904 relating to unsworn falsification to authorities.
~~ ~~` ~~-
Date
Robert E. Baker
~ t ~
CHARLENE M. BAKER (MILLER),
Plaintiff
v
ROBERT E. BAKER,
Defendant
3.
JUN 1 ~ 1Qu(n'/
3 7
IN THE COURT OF CO
CUMBERLAND COrTNTY, PENNSYLVANIA
CIViL ACTION -LAW
N0.98-8z4
IN CUSTODY
COURT ORDER
AND NOW, this ~3~ day of 3une, 20D6, upon consideration of the attached
Custody Conciliation report, it is ordered and directed as follows:
1. This Court's Order of September 1, 2000 shall remain in effect subject to the
elimination of the visitation schedule set forth in paragraph 4, 5, and 6 of said
Order.
2. This Court's Order of November 25, 2002 is vacated.
3. The following custody schedule shall apply in this case:
a. The mother and father shall enjoy shared legal custody of the minor
children.
b. The mother shall enjoy primary physical custody of the minor
children.
c. The father shall egjoy temporary physical custody of the minor
children on alterna#ing weekends from Friday between 5:00 and 6:00
3
t
p.m. until Sunday between 5:00 and 6:00 p.m., said times for actual
pick up and delivery to be agreed upon by the parties. The father shall
~ ~ ~ f
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also enjoy periods of temporary custody at such other times as the
parties agree.
4. Father shall insure that he is aware of all medical conditions and medications
relating to the children, and father shall insure that the children receive
prescribed medications and prescribed treatment whlle they are in his
custody. This shall include father addressing any sleep issues relating to one of
the minor children.
5. The parties shall continue to enjoy reasonable telephone contact with the
minor children when they are in the custody of the other parent. Specifically,
mother shall endeavor to have the children contact father to insure father
experiences reasonable telephone contact, such that the children may make
calls to the father. In the alternative, the mother shall make the children
available to the father for reasonable telephone acxess.
6. The holiday schedule under the prior Orders shall remain in effect.
7. In event either party desires to modify this Order, that party may petition the
Court to have the case again scheduled with the Custody Conciliator for a
Conference.
BY COURT,
Judge Edward E. Guido
cc~ane Adams, Esquire
~essica HoLst, Esquire
~~ 6
_..
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CHARLENE M. BAKER (MILLER-HESS), : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 98-824
ROBERT E. BAKER,
Defendant :CIVIL ACTION -LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I, Julie M. Good, paralegal for Scaringi & Scaringi, P.C., do hereby certify that a copy of
Defendant's Motion To Modify Custody Order/Motion for Contempt of Custody Order in the above-
captioned actions have been duly served upon the following individuals, by first class mail,
addressed as follows:
Jane Adams, Esquire
17 West South Street
Carlisle, PA 17013
Date: ~ p~g"~Ur
J M. Good
Sheri D. Coover, Esq.
Attorney ID 93285 t«' °+ t}
SCARINGI& SCARINGI, P.C. l r i �
44 S. Hanover St.
Carlisle, PA 17013 'd1SY!
(717)960-0075
(717)960-0074—facsimile
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
CHARLENE M. BAKER, No. 1998 - 824 Civil Term
Plaintiff
vs.
ROBERT E. BAKER, Civil Action Law
Defendant : IN CUSTODY
PETITION TO WITHDRAW AS COUNSEL
AND NOW, comes Petitioner, Sheri D. Coover, Esq. of Scaringi & Scaringi, P.C.,who
respectfully request that this Honorable Court grant them permission to immediately withdraw as
counsel for Defendant in the above-captioned action and in support thereof aver as follows:
1. Sheri D. Coover, Esq. and Scaringi & Scaringi, P.C., are presently counsel of record for
Defendant, Robert E. Baker, in the above-captioned matter.
2. Petitioners represented Defendant in a Custody action.
3. Defendant has requested that the undersigned withdraw from this matter.
4. Undersigned counsel contacted Attorney Jane Adams, counsel for Charlene M. Baker,
who does not object to Attorney Coover's withdraw in this matter.
5. No hearing or argument is requested.
6. Discovery is not necessary.
WHEREFORE, Petitioners respectfully request that this Honorable Court Order that
Petitioners' request to withdraw as counsel on behalf of Defendant, Robert E. Baker, in the
above-captioned matter is granted.
Respectfully submitted,
SCARINGI & SCARINGI, P.C.
By: lA ,C a.. _
Sheri D. Coover, Esq.
Attorney ID No. 93285
Scaringi & Scaringi, P.C.
44 S. Hanover St.
Carlisle, PA 17013
Phone: 717.960.0075
Fax: 717.960.0074
CERTIFICATE OF SERVICE
I, Julie Good, Paralegal for Scaringi & Scaringi, P.C. do hereby certify that a copy of the
foregoing Petition to Withdraw as Counsel in the above-captioned case has been duly served
upon the following individual(s) by depositing same in the United States Mail, First Class,
Postage Prepaid, addressed as follows:
Jane Adams, Esquire
17 West South Street
Carlisle, PA 17013
Robert E. Baker
140 Lawrence Lane
Carlisle, PA 17015
Date: l�Q l i �• �•,��
Ju1i . Good, Paralegal
1
r
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHARLENE M. BAKER, No. 1998 - 824 Civil Term
Plaintiff
vs. •
•
ROBERT E. BAKER, Civil Action Law
Defendant IN CUSTODY
RULE
AND NOW, this ,,2,N1day o , 201 , a rule is hereby issued upon both
parties to show cause why the Petition To Withdraw As Counsel should not be granted. This rule
is returnable days from date of service.
BY THE !I .
J.
Distribution:
Distribution:
Sheri D. Coover, Esquire, 44 S.Hanover St., Carlisle, PA 17013 _x ..
roe
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Jane Adams, Esquire, 17 West South Street, Carlisle, PA 17013 ccnr N '
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obert Baker, 140 Lawrence Lane, Carlisle, PA 17015 )1% a
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA r
CHARLENE M. BAKER, No. 1998- 824 Civil Ter
Plaintiff -- «`
-G�y c o
C-7 .c
ROBERT E. BAKER, Civil Action Law
Defendant .• IN CUSTODY
MOTION TO MAKE RULE ABSOLUTE
NOW COMES, Sheri D. Coover, Esq., and Scaringi & Scaringi, P.C. ("Counsel"), to
move the Court to make absolute the rule issued in the above matter on January 22, 2014, and in
support thereof, avers that:
1. A Rule was issued January 22, 2014, regarding Defendant's counsel's Petition To
Withdraw As Counsel, filed on or about January 17, 2014.
2. In the Rule, the Court directed that the parties show cause, within 20 days, why
the motion to withdraw should not be granted.
3. To date counsel is not aware of the Plaintiff or Defendant having filed an
objection to the grant of the relief requested.
WHEREFORE, Counsel requests that the Rule issued in this matter on January 22, 2014
be made absolute and that Defendant's counsel be permitted to withdraw from the representation
in this matter.
Respectfully submitted,
Date: 4-14- N _ 1
Sheri D. Coover,Esq.
Scaringi & Scaringi, P.C.
Attorney ID No. 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075
•
CERTIFICATE OF SERVICE
I,Julie Good, Paralegal for Scaringi & Scaringi, P.C. do hereby certify that a copy of the
foregoing Motion to Make Rule Absolute in the above-captioned case has been duly served
upon the following individual(s)by depositing same in the United States Mail, First Class,
Postage Prepaid, addressed as follows:
Jane Adams, Esquire
17 West South Street
Carlisle, PA 17013
Robert E. Baker
140 Lawrence Lane
Carlisle, PA 17015
Date: 09-1 '1"l L( ��1�-t OC
i
Jul' M. Good, Paralegal
3
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
CHARLENE M. BAKER, No. 1998 -824 Civil Term
Plaintiff
vs.
ROBERT E. BAKER, Civil Action Law
Defendant IN CUSTODY
ORDER
AND NOW, this AO day of.4, 4A/1 , 2014, upon review of the
Plaintiffs counsel's Motion to Make Rule Absolute; and there being no response by the Plaintiff
or Defendant to the Court's Rule issued January 22, 2014, the Rule is made Absolute; and the
entry of appearance of Sheri D. Coover, Esq. and Scaringi & Scaringi, P.C. is hereby withdrawn
for the Defendant Robert E. Baker.
BY THE COURT:
_41
J.
Distribution:
Sheri D. Coover, Esquire, 44 S.Hanover St. Carlisle, PA 1701
q 17013
Jane Adams, Esquire, 17 West South Street, Carlisle, PA 17013
Robert Baker, 140 Lawrence Lane, Carlisle, PA 17015e
r ,-T
abit*ES c
alacirn