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Home My WebLink About01-04879~,. :~ KAREEM A. MONTGOMERY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TRISHA L. BAUMGARDENER • 01-4879 CIVIL ACTION LAW DEFENDANT 1N CUSTODY ORDER OF COURT AND NOW, Thursday, August 30, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, September 25, 2001 at 9:15 a.m. for aPre-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: /s/ Melissa P. Greev~, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All an•angements 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 ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THB OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Culisle, Pennsylvania 17013 Telephone (717)249-3166 ~, ~ s r -r ~ ~9~v ~ ~ ~ 10~1£~~$ ~~~ ~~ ~ ,~~~~~~),~N "' `i.. 7l.j~l,, ~' , J i I .. .,,. ~i :. ETaat<NRn~~.e~%sv~.csxns¢aMCZUo-a~samwa~w:~aeExYHm^~.!€Ye,-,a:3'i ,v;~"~,'- :, ~.~yxtiax 'Y~z+;~ax?.=*z,=x~*n..~nF.*cx~vrr,~,~":mrz.:~.aq~S`At~3!.' 1Jt~ U Ytiily ~:v U i v l Y l.:l V 1L A~;11C)ly) f ., ~IJI'I'~ 2G'~ 1 _. d ~ - y~?g ~,'~ ~~,-, PtlmcM1 Fv'~ tM2 Limttai-FOtm i% F.(p01fip2 ~ __ 2001 S ~ ~ ~.(, - Entry By Summons ( ) _ _ Complaint _ ( / ) Date of Entry n,,u Ql, p`2~, ~C~ ~ --_ - ~ - -~ 1 - I Petition I APPeaI ( ) ( ) _ Writ of Execution Issued: Custody (~ ) Assumpsit ( ) Appearance For: Divorce ( - ) Plaintiff: Mortgage Foreclosure ( ) Change of Name ( ) - _- Ejectment ( ) - - - - -- - - - Quiet Title ( ) Defendant: App[. of Viewers ( ) Replevin ( ) _ - Declaration of Taking ( ) I I Forma Pauperi_s ( ) ~t.p Mental Health ( ) _ _ Protective Order ( ) Olj, District Justice ( ) 1 Y~C2(/1LJG' lht~ ~~Gc.CYCfc4OC.[~._J_C.tXQAl _._ Ju1y 2 2001 -Since venue is not proper in Dauphin County and the Complaint was filed by mistake in Dauphin County, the Prothonotary is hereby directed to transfer this case to Ctmmberland County. /s/ Todd A. Hoover, Judge. See ORDER filed. Copies mailed 7-27-01. ___ Ju1v 27, 2001 -The above action transferred to the Court of Common P1eas_of Cumberland County. _ I Date/Amount _ .. _. _ ~ Dat Filing Fee ~-,(J ~ -- Adm. Fee -Divorce i Att .Appearance ~~ 6 ~ Adm. Fee -Custody _ - _ ~~ SherifFs Costs App't. of Master Discontinuance Cash Bond -- - -- Praecipe forArgt. _ Cert. of.Readiness Ruie of Reference Escrow Funds ~rl/9 ~ :/Amount KJ O(1 -- ~I~~o ~~ +~ IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA KAREEM A. MONTGOMERY, vs. TRISHA L. BAUMGARDENER, Plaintiff Defendant DIRECTIVE No.3~'4LD S Z.oe>> CIVIL ACTION -LAW CUSTODY If applicable, name of conciliator previously appointed in this case: You, Trisha L. Baumgardener, Defendant, have been sued in Court to obtain custody of the child: Justice Lee Montgomery. It is hereby Ordered and Directed: 1. a Conciliation Conference. Esquire, is hereby assigned to conduct 2. A Conciliation Conference will be held before the assigned Conciliator on the day of .2001, at .m. at the Dauphin County Courthouse, Front 8t Market Streets, Harrisburg, Pennsylvania. The anticipated length of the Conciliation Conference is one hour. 3. The parties shall appear in person at the Conciliation Conference and shall bring with them all CHILDREN AGE SEVEN (7) OR OLDER. 4. At the Conciliation Conference, an effort will be made to see if the custody and/or visitation situation can be solved by an agreement between the parties; or if an agreement cannot be reached, to define and narrow the issues and to otherwise reduce the time required for Hearing by the Court, then the Conciliator will prepare a Conference Summary Report for further action by the Court pending a Hearing to be scheduled at a later date before Judge ,without prejudice to the rights of the parties at such Hearing, which all parties and the children shall be ordered to attend. 5. You have the right to be represented by an attorney who may attend the Conciliation Conference with you. If for some reason an attorney has not been secured by the time of the Conciliation Conference, you shall personally appear at the time scheduled for the Conciliation Conference without an attorney. b. If Children's Services is conducting an investigation, their representation shall be subpoenaed by the appropriate attorney to attend the Conciliation Conference. It shall be the responsibility of the attorney subpoenaing the representative to obtain a Court Order or releases from the parties prior to the release of information by the representative. 7. If you fail to appear as provided by this Order or to bring the child(ren), an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 8. The parties and their counsel, if applicable, are hereby directed to engage in meaningful negotiations to resolve this matter prior to the Conciliation Conference. 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. LAWYER REFERRAL SERVICE OF THE DAUPHIN COUNTY BAR ASSOCIATION The Dauphin County Bar Center 213 North Front Street Harrisburg, Pennsylvania 17101 Telephone No. (717) 232-7536 FOR THE COURT, District Court Administrator BY THE COURT, Judge AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Dauphin County, Pennsylvania is required by law to comply with the Americans with Disability Act of 1990. for information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact THE DAUPHIN COUNTY COURTHOUSE, FRONT at MARKET STREETS, HARRISBURG, PA 17101 (717) 255-2711. For those with a hearing impairment, please contact the Deaf Center at ( ) TDD. 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. FOR THE COURT: Dated: `>/~.~~a/ District Court Administrator IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA A. MONTGOMERY, No. -S~~Y(,o $ ~~y Plaintiff vs. CIVIL ACTION -LAW TRISHA L. BAUMGARDENER, Defendant CUSTODY ~ ~ c ~ ~~ COMPLAINT IN CUSTODY ` ~' -~=' ^' c: r ,- N ~9 AND NOW, TO WIT, this ~~tlay of July, 2001, comes the:Plainti~ KAREEM A. MONTGOMERY, by and through his attorney, Daniel F. Wolfson, Esquire, and the law firm of Wolfson 8i Associates, P.C., and files the within Complaint of which the following is a statement: 1. The Plaintiff, KAREEM A. MONTGOMERY, is an adult individual residing at 50 Sussex Road, Camp Hill, Dauphin County, Pennsylvania, 1701 1. 2. The Defendant, TRISHA L. BAUMGARDENER, is an adult individual ro c~ .~, -:; .. ,~; ~x ;:- .,_. ; r,. ~: temporarily residing at c/o Lamar Roundtree, PO Box 8819 MCD, Camp Lejeume, North Carolina, 28547-8819. 3. The Plaintiff and Defendant were never Husband and Wife, but they resided together until separation on or about January 1995. 4. The Plaintiff seeks majority physical custody and shared legal custody of the following child, Justice Lee Montgomery, born December 9, 1995, who resides with Plaintiff at 50 Sussex Road, Camp Hill, Pennsylvania, 17011. 5. Plaintiff and Defendant are the natural parents of the above-mentioned minor child. 6. The child was bom out-of-wedlock. 7. The child is presently in the custody of the Plaintiff, who resides at the above address. During the past five (5) years, the child has resided with the following persons at the following addresses: Name Address Date Mother Highspire, PA 1995 Mother 154 Solenburg Rd. ]an. 1996 Chambersburg, PA Mother 160 Fiimore Drive March 1997 Chambersburg, PA Father 116 Meadow Creek Dr. 1998 Chambersburg Father 50 Sussex Road 1998 to present Camp Hill, PA 8. The mother of the child is Defendant. She is not married. 9. The father of the child is Plaintiff. He is married. 10. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Name Relationship Barbara Montgomery Wife 2 1 1. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Lamar (last name unknown) Relationship Boyfriend 12. Plaintiff and Defendant have not participated as a party or witness, or in any other capacity in any other litigation concerning the custody of the child in this or another Court. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 14. Plaintiff does not know of a person not a party to the proceedings has physical custody of the child or claims to have custody or visitation with respect to the child. 15. The best interest and permanent welfare of the child will be served by granting the relief requested. 16. Each parent whose parental rights to the child have'not been terminated and the person who has physical custody of the child has been named as a party to this action. 3 WHEREFORE, the Plaintiff requests the Court to grant majority physical custody and shared legal custody of the aforementioned child to him. Respectfully submitted, Darnel F. Wolf9 i, Esquire WOLFSON 8t ASSOCIATES, P.C. 267 East Market Street York, PA 17403 (717) 846-1252 ID No. 20617 Attorney for Plaintiff 4 VERIFICATION 1 verify that the statements made in the foregoing C'u9~yy ~ornP~fl~.VT are true and correct to the best of my information and belief. I understand that false statemenu herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: 7~~-~~o/ IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA KAREEM A. MONTGOMERY, vs. TRISHA L. BAUMGARDENER, No. 3"3 hf ~ ~ ~( CIVIL ACTION -LAW Plaintiff CUSTODY Defendant CONCILIATION CONFERENCE MEMORANDUM ~ ~~ Submitted by Daniel F. Wolfson, Esquire, counsel for the Plaintiff. ~ ~-> 1. Party is father of child. ~,: ==~ 2. Name and date of birth of each child: ~` Justice Lee Montgomery, born December 9, 1995. 3. Party is requesting: Majority physical custody and shared legal custody. 4. Present custody situation is as follows: There has been no Custody Order that has been entered. 5. The present custody situation has existed since: N/A ~7 ~ ~h ~: `~~, ~' N Ti .,. r„ = ~:.~; :~. ~ c.; a -< 6. Has either party prevented the other party from having any contact with the child? No 5 7. Do you allege unfitness of the other party? Yes. The Mother is living somewhere in North Carolina and moves from motel to motel with the child and her boyfriend, who is in the military. The child has no stable home or existence. The care that is provided to him by Mother is questionable. 8. Do you allege improper home environment? Yes. The child has no stable home environment and lives in motels. 9. What other issues will be presented to the Court? The stability of the Father versus the stability of the Mother, the home conditions of the Father, and what is in the best interests of the child, etc. 10. Do you plan to raise emotional or psychological problems of the child or others involved? No 1 1. Do you request psychological evaluations? To be determined. 12. Will you agree to the appointment of one neutral psychologist to be used by both parties to perform psychological evaluations? Yes. 13. How much time will the presentation of your case, (including cross-examination), take? 3 days. 14. The name and address of each factual witness is: To be determined. 15. The name and address of each expert witness is: To be determined. 6 16. Are home studies requested? Yes 17. Other relevant information you wish to bring to the attention of the Conciliator: To be determined. 7 1~- ~ (jv~~' c- , /~ Il 7 ,\` '/fit I -:.: j _ •~ 7 ~i .-,.ivy,+=v:i ,:na~*~rsa«r~;*Fwwm=. - UFFICE OF P~®~~~IV® 1/y~ Y Stephen E. Farina Prothonotary '" CURT15 R. LONG, PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE HANOVER AND HIGH STREETS CARLISLE, PA 17013 (717) 255-2698 Front & Market Streets Harrisburg, Pa. 17101 July 27, 2001 RE: KAREEM MONTGOMERY v. TRISH BAUMGARDNER (Custody) Dauphin County Dkt. No. 3346 S 2001 ~[berland-County Dk1=: No.61 = /(P74 ~ 1 v ~ ~. Dear Sir/Madam: By Order of 7-25-01 by the Hon. Todd A: Hoover, Judge, the above matter has been transferred to the Court of Common Pleas of Cumberland County. I am, accordingly, sending originals of all the papers herewith. I will appreciate attached receipt addressed to the Mrs. Kay S. Wentzel. Very truly y ~~~. Ste hen E. F Prothonotary the return of the attentio r'; a i - ra r. - J ~, iii rM SEF: ksw Dauphin County KAREEM A. MONTGOMERY, Plaintiff vs. TRISHA L. BAUMGARDENER, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 3346 S 2001 CIVIL ACTION -LAW ORDER AND NOW THIS ~~ day of July, 2001, since venue is not proper in Dauphin County and the complaint was filed by mistake in Dauphin County, the Prothonotary is hereby directed to transfer this case to Cumberland County. DISTRIBUTION: BY THE COURT: / G~ ~d'~y~~~ Todd A. Hoover, Judge Daniel F. Wolfson, Esquire, 267 East Market Street, York, Pa. 17403 Trisha L. Baumgardener, c/o Lamar Roundtree, P. O. Box 8819 MCD, Camp Lejeume, North Carolina, 28547-8819 Stephen Farina, Prothonotary ~,L a c '~ ~ v ' ax ° =' c..Y ~~ awn ~ ~ . ~ Irv _ ~ - e. ~ o .~ -_. '1f'~ U ~ 2~~9 ~7~ KAREEM A. MONTGOMERY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4#~' 4P79 TRISHA L. BAUMGARDENER, CIVIL ACTION -LAW Defendant CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 19`h day of October, 2001, the Conciliator having received no objection to request for Continuance from Plaintiff's counsel dated September 10, 2001, and having no request for an additional Custody Conciliation Conference, hereby relinquishes jurisdiction of the case. FOR THE COURT, Melissa Peel Greevy, Esquire Custody Conciliator ~r~~. C7 P. y [_ - '."1 s a `S r_~-- rn _*._ t _ r= -- u ~i , ~; ~ -~ <7? =17 ~~ SHERIFF'S RETURN - REGULAR CASE N0: 2002-04879 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAITSELL GWEN ANN VS BAITSELL BRUCE EDWARD JR CPL. MICHAEL BARRI Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon BAITSELL BRUCE EDWARD JR DEFENDANT the at 2030:00 HOURS, on the 8th day of October 2002 at 88 MOOREDALE ROAD APT 3 CARLISLE, PA 17013 BRUCE E BAITSELL JR by handing to a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this ~ day of lJ~r~~, .~-ao~ A.D. ~~ ~ ~1A DDe r thonotary T ~~ So Answers: ~_.. R. Thomas Kline 10/09 LEGAL