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PATRICK F. LAUER, JR.
Attorney at Law
2108 Market Street
Aztec Building
Camp Hill. PA 17011
(717) 763-1 ROO
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DELORES J. BERTOLET,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. q9 -1'J..6 C{~t'( ~J-l
..
.
.
.
vs.
.
.
:
LLOYD E. BAER and
TERESA BAER,
Defendants
: CIVIL ACTION - AT LAW
.
.
: GRANDPARENTS' CUSTODY/VISITATION
ORDER OF COURT
AND NOW, this
\/\'Alq~
, upon consideration of the
attached complaint, it is hereby directed that the parties and
their respective counsel appear before \-\\r\"(\~ \ \ (<(-1'Y1<:"', E~":[I , ,
J '
the conciliator, at .~~~. \R'l-\-. '~'; lClY>f' 'I-\) \ \ , pJ\ '
~'.OO
1999, at P.M., for
, on
the
L\
day of
~('h
a prehearing Custody Conference.
At such conference, an effort
will be made to resolve the issues in dispute~ or if this cannot be
accomplished, to define and narrow the issues to be heard by the
court, and to enter into a temporary order. Either party may bring
the child who is the subject of this custody action to the
conference, but the child/children's attendance is not mandatory.
Failure to appear at the conference may provide grounds for entry
of a temporary or permanent order.
FOR THE COURT:
:)
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
TWO LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
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DELORES J. BERTOLET, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. : No.
:
LLOYD E. BAER and . CIVIL ACTION - AT LAW
.
TERESA BAER, .
.
Defendants . GRANDPARENTS' CUSTODY/VISITATION
.
COMPLAIN'!' FOR CUSTODY PURSUANT TO 23 Pa. C.S.A. S 5313(al or (hI
The Plaintiff, DELORES J. BERTOLET, through her attorney,
Matthew J. Eshelman, Esquire, files this Complaint for Custody
against the Defendants, Lloyd E. Baer and Teresa S. Baer, and in
support thereof, avers the following:
L The Plaintiff is Delores J. Bertolet, an adult individual
and the maternal grandmother, who currently resides at 711 Pear
Street, Number 3, Lemoyne, Cumberland County, Pennsylvania 17043.
2. The Defendant is Lloyd E. Baer, an adult individual and
the natural Father, who currently resides with his mother, the
paternal grandmother, Joyce Baer, at 526 1/2 Enola Drive, West
Fairview, Cumberland County, pennsylvania 17025.
3. The natural mother, Teresa S. Bear, is joined to this
action as a necessary Defendant. She currently resides at
302 Third Street, West Fairview, Cumberland County, Pennsylvania
17025.
4. There is an existing custody order issued in Dauphin
County granting the natural father primary custody, and granting
the natural mother supervised visitation at the home of the
Petitioner, a copy of which is attached hereto and incorporated
herein by reference.
visitation of the following child:
5. The plaintiff seeks custody, partial custody, and/or
Name
Present Address
Joshua M. Baer
Aqe
526 1/2 Eno1a Dr. 8
West Fairview, PA 17025 (DOB 10/22/90)
The child was born out of wedlock,
6. The child is presently in the custody of Lloyd E. Baer,
who currently resides at 526 1/2 Enola Drive, West Fairview,
Cumberland County, Pennsylvania 17025.
7. During the past five years, the child resided with the
following persons and at the following addresses:
Name
Address
Lloyd E. Baer
Teresa Baer
Joyce Baer
734 Erford Road
Camp Hill, PA 17011
Teresa Baer
24th Street
Penbrook, PA
Lloyd E. Baer
Joyce Baer
734 Erford Road
Camp Hill, PA 17011
734 Erford Road
Camp Hill, PA 17011
Lloyd E. Baer
Lloyd E. Baer
Joyce Baer
Bosler Avenue
Lemoyne, PA 17043
Lloyd E. Baer
Kim Dickhart
Market Street
Camp Hill, PA 17011
711 Pear Street, #3
Lemoyne, PA 17043
526 1/2 Enola Drive
West Fairview, PA 17025
Lloyd E. Baer
Delores J. Bertolet
Lloyd E. Baer
Joyce Baer
Dates
08/92 to
08/93
08/93 to
06/94
06/94 to
01/96
01/96 to
02/96
02/96 to
02/97
02/97 to
08/97
08/97 to
01/06/99
01/06/99 to
present
8. The Mother of the child is Teresa S. Baer, who currently
resides at 302 Third Street, West Fairview, Cumberland County,
Pennsylvania 17025. The Mother is married to the natural Father.
9. The Father of the child is Lloyd E. Baer, who currently
resides with the paternal grandmother at 526 1/2 Enola Drive, West
Fairview, Cumberland County, pennsylvania 17025.
married to the natural Mother.
The Father is
10. The petitioner has participated as a witness, but not as
a party, in other litigation concerning the custody of the child in
this or another court. See attached Exhibit A.
11. The Plaintiff has no information of a custody proceeding
concerning the child currently pending in any court of this
Commonwealth.
12. The Plaintiff does not know of a person not a party to
the proceedings, who has physical custody of the children or claims
to have physical custody or visitation rights with respect to the
children.
13. The best interests and permanent welfare of the child
will be served by granting the relief requested because:
a) In the Summer of 1993, the parents of the child
separated, with the mother, Teresa Baer moving to Penbrook
Boro, where she allowed to develop an inappropriate
environment for the well-being of the child.
b)
maternal
mother's
By the Spring of 1994, the Petitioner, who is the
grandmother, physically removed the child from the
care and presented the child to the natural father.
c) In early 1995 the Petitioner testified before
Dauphin County Judge Jeannine Turgeon on behalf of the natural
father. Primary custody was awarded to the father, and the
mother was permitted to have supervised visitation only in the
presence of the Petitioner,
d) In August 1996, after a series of relocations and
relationships, the natural father and the child moved in with
the Petitioner.
e) During the course of the last six to ten months, the
petitioner has repeatedly expressed concern to the natural
father about exposing the child to alcohol and suspected
illegal drug use and transactions, The father has refused to
correct the situation,
f) The petitioner has been the primary care giver in
fact for the last eighteen months, and has been the primary
baby sitter since the child's birth.
g) The Plaintiff can provide the child with a
stable home with adequate moral, emotional, and physical
surroundings as required to meet the child's needs~
h) The Plaintiff is willing to continue custody of
the child~
i) The Plaintiff continues to exercise parental
duties and enjoys the love and affection of the child.
14. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
children have been named as parties to this action.
All other
persons, named below, who are known to have or claim a right to
custody or visitation of the children will be given notice of the
pendency of this action and the right to intervene: Joyce Bair,
paternal grandmother, 526 1/2 Enola Drive, West Fairview, PA 17025.
WHEREFORE, the Plaintiff respectfully requests that this
Honorable Court enter an Order granting custody of the child to the
Petitioner, Delores J. Bertolet, in accordance with any Stipulation
of the parties, or in the event the parties are unable to execute
such a Stipulation, to enter an Order pursuant to 23 Pa. C.S.A. S
5313 (a) or (b) granting custody, partial custody, or visitation of
the child to the Petitioner.
Date: #
y su~itted,
cj{L-
shelman, Esquire
street, Aztec Building
Pennsylvania 17011-4706
Tel. (717) 763-1800
Matthew J.
2108 Marke
Camp Hill,
lOll 72655
DELORES J. BERTOLET,
Plaintiff
:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,
.
:
vs.
: No.
LLOYD E. BAER and
TERESA BAER,
Defendants
: CIVIL ACTION - AT LAW
.
.
: GRAND PARENTS' CUSTODY/VISITATION
VERIFICATION
I, Delores J. Bertolet, state that I am the Plaintiff in the
above-captioned case and that the facts set forth in the above
Complaint for Custody are true and correct to the best of my
knowledge, information, and belief.
I realize that false
statements herein are subject to the penalties for unsworn
falsification to authorities under 18 Pa. C.S. S 4940.
~~~ ~ ~~yt
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DELORES J. BERTOLET , : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 99-120 CIVIL TERM
:
LLOYD E. MER and TERESA MER, : CIVIL ACTION - LAW
Defendants : GRANDPARENTS I CUSTODY/VISITATION
aIDER OF C()(JRT
AND!<<:W, this /1/+\ day of ~--'~
consideration of the attached Custody Concil ation Report,
and directed as follows:
, 1999, upon
it is ordered
1. The Father, Lloyd E. Baer, shall have primary physical custody of
Joshua M. Baer, born October 22, 1990.
2. The Maternal grandmother, Delores J. Bertolet, shall have partial
physical custody of the Child on alternating weekends, beginning April 10,
1999, from Saturday at 9:00 a.m. until the following Monday morning when
the Maternal grandmother shall take the Child to school. or daycare. In
addition, the Maternal grandmother shall have custody of the Child on the
alternating Thursdays following the Maternal grandmother's weekend,
beginning April 1, 1999, from after school or daycare until 8:30 p.m, The
Maternal grandmother may have custody of the Child at additional times as
arranged by agreement of the parties.
3. The parties shall share having custody of the Child on holidays as
follows:
A. CHRISTMAS: The Maternal grandmother shall have custody of the
Child every year on Christmas Eve from 9:00 a.m. until 9:00 p.m.
The father shall have custody of the Child every year from
Christmas Eve at 9:00 p.m. through Christmas Day at 9:00 p.m. or
until the beginning of the Maternal grandmother's next period of
custody under the regular schedule, whichever is later.
B. EllS'l.'ER/'.mAIVING: The . parties shall cooperate in
scheduling a period of custody for the Maternal grandmother with
the Child on Easter and Thanksgiving, or the day before or day
after the holiday.
4. The Father and the Maternal grandmother shall be entitled to have
an uninterrupted one week period of custody with the Child each year upon
providing at least thirty days advance notice to the other party.
5. The parties shall neither use nor permit the use by third parties
of illegal drugs in the presence of the Child. The parties shall neither
consume nor permit consumption by third parties of alcohol to excess in the
presence of the Child.
6. This order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
~
.-
this Order by ITR1tual consent. In the absence of ITR1tual consent, the terms
of this order shall control.
~#~
J.
cc: Matthew J. Eshelman, Esquire - COunsel for Delores J.
Joseph J. Dixon, Esquire - Counsel for Lloyd E. Beer
~~.z. 1/1<t:.~;.
Bertolet
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DELORES J. BERTOLET , : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COlJNTY, PENNSYLVANIA
:
vs. : NO. 99-120 CIVIL TERM
:
LLOYD E. BAER and TERESA BAER, : CIVIL ACTION - LAW
Defendants : GRANDPARENTS' CUSTODY/VISITATION
CUSTODY CCtlCILIATICN ~ REPCRT
IN ACCXRDANCE WITH <nmERLAND <XUnY RULE OF CIVIL PROCEOORE
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIR'l'H
CURRENI'LY IN cusroDY OF
Joshua M. Baer
October 22, 1990
Father
2. A Conciliation Conference was held on March 31, 1999, with the
following individuals in attendance: The Maternal grandmother, Delores J.
Bertolet, with her counsel, Matthew J. Eshelman, Esquire, and the Father,
Lloyd E. Baer, with his counsel, Joseph J. Dixon, Esquire, the Paternal
grandmother Joyce Baer, and the Mother, Teresa Baer.
3. The parties agree to entry of an Order in the fom as attached.
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,
rt2~~~~
Dawn S. Sunday, Esquire
CUstody Conciliator