HomeMy WebLinkAbout08-6544ROMINGER & ASSOCIATES
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL
DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA
RANDALL K. BAKER
Plaintiff No. 48, 4,<-1 e6v-? _.c;.
V.
Civil Action- Complaint for
JULIE A. BAKER Child Custody
Defendant
COMPLAINT FOR CUSTODY
1. Plaintiff is Randall K. Baker, (biological father), an adult individual, sui
juris, residing at 37 Ashton Street, Carlisle, Cumberland County, Pennsylvania 17015.
2. Defendant is Julie A. Baker, (biological mother), an adult individual, sui
juris, with a current mailing address of 249 Walnut Street, Carlisle, Cumberland County,
Pennsylvania 17013.
3. Plaintiff seeks custody of the following child:
Name Address Age
Wyatt K. Baker 249 Walnut Street 11 y/o (DOB: 08/12/97)
Carlisle, PA 17013
4. The child was born in wedlock.
5. The child is presently in the primary physical custody of Defendant, Julie A.
Baker (natural mother), 249 Walnut Street, Carlisle, Cumberland County, Pennsylvania
17013.
6. During the last five years the child has resided with the following persons and
at the following addresses:
Name Address Date
Randall & Julie Baker 37 Ashton Street 8-04 to 7-08
Carlisle, PA 17013
Randall & Julie Baker Ridge Road 8-97 to 8-04
Carlisle, PA 17013
7. The mother of the child is Julie A. Baker.
8. She is married.
9. The father of the child is Randall K. Baker.
10. He is married.
11. The relationship of Plaintiff to the child is that of natural father. The
Plaintiff currently resides with the following persons:
Name Relationship
Alone
12. The relationship of Defendant to child is that of natural mother. The
Defendant currently resides with the following persons:
Name Relationship
unknown
13. Plaintiff, Randall K. Baker, is represented by Lee E. Oesterling, Esquire
in regard to this matter.
14. Defendant, Julie A. Baker, is unrepresented in this matter or,
at this time specific counsel is not known in regard to this matter.
15. Plaintiff has no information of another custody proceeding concerning the
child pending in a Court of this Commonwealth.
16. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to
the child.
17. The best interest and permanent welfare of the child will be served by granting the
relief requested because:
18. Plaintiff has been a responsible custodian and caregiver of the child
19. Plaintiff has maintained a relationship with the child that has provided for the child's
physical, intellectual, emotional and spiritual well being.
20. Plaintiff believes that the child needs a more a consistent custody arrangement that
maximizes his time with both parents.
21. Each parent whose parental rights to the child have not been terminated and the person
who has physical custody of the child have been named as parties to this action. All other persons,
named who 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:
Name Address Basis of Claim
NONE
22. A copy of this Complaint has been served on Defendant by certified and first class
Mail.
WHEREFORE, Plaintiff, Randall K. Baker, requests the court grant him custody of the child.
Respectfully Submitted,
Lee E. OFsterlin?,-E ?
Supreme Court ID # 71320
155 South Hanover Street
Carlisle, PA 17013
(717)241-6070
Attorney for Plaintiff
VERIFICATION
Lee E. Oesterling, Esquire, states that he is the attorney for, Plaintiff in this action;
that he makes this affidavit as attorney because he has sufficient knowledge or
information and belief, based upon his investigation of the matters averred or denied in
the foregoing document; and that this statement is made subject to the penalties of 18 Pa.
C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date: 10A01-0008
ROMINGER & ASSOCIATES
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL
DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA
RANDALL K. BAKER
Plaintiff
No.
V.
JULIE A. BAKER
Defendant
Civil Action- Complaint for
Child Custody
CERTIFICATE OF SERVICE BY CERTIFIED AND FIRST CLASS MAIL
Lee E. Oesterling, Esquire, attorney for Plaintiff in the above-captioned matter, deposes
and says that he mailed a copy of the Custody Complaint and Order to Attend Custody
Conference filed in this matter by certified mail, restricted delivery, and first class mail to
the Defendant, Julie A. Baker at 249 Walnut Street, Carlisle, PA 17013 on November 4,
2008.
Kee E. Oesterling; E 3qu-m
155 South Hanover Street
Carlisle, PA 17013
(717)241-6070
Attorney for Plaintiff
G
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RANDALL K. BAKER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JULIE A. BAKER
DEFENDANT
2008-6544 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, November 10, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 18, 2008 at 8:30 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. 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/ ohn . Man-an, r. Es ,
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 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 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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RANDALL K. BAKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 08-6544 CIVIL ACTION LAW
JULIE A. BAKER, IN CUSTODY
Defendant
ORDER OF COURT
AND NOW this t " day of December 2008, upon consideration of the attached Custody
Conciliation Report, it is Or ered and Directed as follows:
1. Legal Custody: The Father, Randall K. Baker, and the Mother, Julie A. Baker, shall have
shared legal custody of Wyatt K. Baker, born 08/12/1997. The parties shall have an equal right
to make all major non-emergency decisions affecting the Child's general well-being including,
but not limited to, all decisions regarding his health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the Child including, but not limited to, medical, dental, religious or school
records, the residence address of the Child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the same,
or copies thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody as follows:
a. Commencing 12/27/08, Father shall have physical custody on alternating
weekends from 9:00 am Saturday until 7:00 pm Sunday.
b. Commencing 12/31/08, Father shall have physical custody every Wednesday
from 6:30 pm until 8:00 pm.
C. Commencing 02/20/09, Father shall have physical custody on alternating
weekends from 6:30 pm Friday until 7:00 pm Sunday.
d. Father shall have physical custody of the Child at such other times as the parties
may mutually agree.
3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable
basis.
4. Holidays: Father shall have custody every Christmas Eve (12/24) from 10:00 am until 6:00 pm
and Mother shall have custody from 12/24 at 6:00 pm until Christmas Day afternoon. Each
parent shall have custody of the Child on Mother's and Father's Day on their respective days
for a period of six (6) hours. Both parents shall arrange an appropriate amount of time or day
to spend with the Child on or around his birthday. The parents shall arrange and alternate the
other holidays as mutually agreed upon. Holidays shall supersede the regular custody schedule.
5. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Child per
year. Each parent may take said time in addition to their respective scheduled weekends. The
requesting parent shall give the other parent 30 days advance notice of the requested time and
this vacation week shall supersede the regular physical custody schedule. In the event the
.-
parties schedule conflicting vacations, the party first providing written notice shall have the
choice of vacation. Prior to departure, the parties will provide each other with information
regarding the intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by mutual agreement.
6. In the event the custodial parent should take the Child out of state, the custodial parent shall
notify the non-custodial parent within twenty-four hours of departure of the intended
destination and a telephone number at which they can be reached.
7. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
8. In the event of a medical emergency, the custodial party shall notify the other parties as soon
as practicable after the emergency is handled.
9. Discussions or agreements in regard to custodial matters shall be made strictly between the
parents, without involving the Child in said discussions or agreements.
10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
rDJ tribution:
Ye uel Andes, Esquire ,Iv e e Oesterling, Esquire
iohn J. Mangan, Esquire
4
By the Court,
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RANDALL K. BAKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 08-6544 CIVIL ACTION LAW
JULIE A. BAKER, IN CUSTODY
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII. PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Wyatt K. Baker 08/12/1997 Primary Mother
2. A Conciliation Conference was held with regard to this matter on December 18, 2008
with the following individuals in attendance:
The Mother, Julie A. Baker, with her counsel, Samuel Andes, Esq.
The Father, Randall K. Baker, with his counsel, Lee Oesterling, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date Jo J. anan, Esquire
C tod Conciliator
l L
1" i1IERRp'1' pN0U-,R
313 JUL 22 P11 2" 51
CUMBERLAND COU14-1 Y
REPIF,SyU ANIA-
RANDALL K. BAKER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs. ) CIVIL ACTION - LAW
NO. 08-6544 CIVIL TERM
JULIE A. BAKER, )
Defendant ) IN CUSTODY
DEFENDANT'S PETITION TO ENFORCE CUSTODY ORDER
f
AND NOW comes the above-named Defendant, by her attorney Samuel L. Andes, and
petitions the court to enforce its order of 24 December 2008, based upon the following:
1. The Petitioner herein is the Defendant Julie A. Baker who is represented by Samuel L.
Andes, Attorney at Law.
2. The Respondent is Randall K. Baker who resides at 37 Ashton Street, Carlisle,
Pennsylvania. Mr. Baker is represented by Max J. Smith, Jr., Esquire.
3. The parties are the parents of one minor child, Wyatt K. Baker,born 12 August 1997.
That child is the subject of an order entered by this court on 24 December 2008 , by the
Honorable J. Wesley Oler, Jr., Judge of this court. A copy of that order is attached hereto and
marked as EXHIBIT A.
4. Plaintiff has violated the said order. In June of this year the child went to spend a
V
Wednesday evening with the Plaintiff and, at the end of that period of temporary custody, the
Plaintiff refused to return custody to Defendant. Since that time, Plaintiff has refused to return
custody to Plaintiff, despite her repeated demands. As a result, Plaintiff is in violation of the
said order.
5. Prior order in this matter was entered by the Honorable J. Wesley Oler, Jr., Judge of
this court. -�Z .
9'Y3, 00 �'
6. Defendant does not concur in the relief requested by Petitioner in this matter.
WHEREFORE, Defendant prays this court to adjudge the Plaintiff Randall K. Baker in
contempt of its order of 24 December 2008, direct Plaintiff to immediately return and restore
custody of the parties minor child to Defendant, and to award the Plaintiff such attorneys fees
and other expenses as she has incurred and may incur to enforce that order.
n-
-3NO-ae
Sam- L. An as
Attorney for Defendant
Supreme Court ID # 17225
525 North 12' Street
P.O. Box 168
Lemoyne, PA 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I understand that
any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn
falsification to authorities).
Date:
IPLIE A. BAKER
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CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing document upon counsel for the
Plaintiff herein by regular mail, postage prepaid, addressed as follows:
Max J. Smith, JR., Esquire
P.O. Box 650
Hershey, PA 17033
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Date: 18 July 2013
qMYV NWI�gQjarkins
cretary for Samuel L. Andes
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EXHIBIT A
DEC 2 9-ZM
R.ANDALL K. BAKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
V. No. 08-6544 CIVIL ACTION LAW
JULIE A. BAKER, IN CUSTODY
Defendant
ORDER OF COURT
AND NOW this day of December 2008,upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. Legal Custody: The Father,Randall K. Baker, and the Mother,Julie A. Baker, shall have
shared legal custody of Wyatt K.Baker,born 08/12/1997. The parties shall have an equal right
to make all major non-emergency decisions affecting the Child's general well-being including,
but not limited to,all decisions regarding his health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the Child including, but not limited to,medical, dental,religious or school
records,the residence address of the Child and of the other parent. To the extent one parent has
possession of any such records or information,that parent shall be required to share the same,
or copies thereof,,with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody as follows:
a. Commencing 12/27/08,Father shall have physical custody on alternating
weekends from 9:00 am Saturday until 7:00 pm Sunday.
b. Commencing 12/31/08,Father shall have physical custody every Wednesday
from 6:30 pm until 8:00 pm.
C. Commencing 02/20/09,Father shall have physical custody on alternating
weekends from 6:30 pm Friday until 7:00 pm Sunday.
d. Father shall have physical custody of the Child at such other times as the parties
may mutually agree.
3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable
basis.
4. Holidays: Father shall have custody every Christmas Eve(12/24)from 10:00 am until 6:00 pm
and Mother shall have custody from 12/24 at 6:00 pm until Christmas Day afternoon. Each
parent shall have custody of the Child on Mother's and Father's Day on their respective days
for a period of six (6)hours. Both parents shall arrange an appropriate amount of time or day
to spend with the Child on or around his birthday. The parents shall arrange and alternate the
other holidays as mutually agreed upon. Holidays shall supersede the regular custody schedule.
5. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Child per
year. Each parent may take said time in addition to their respective scheduled weekends. The
requesting parent shall give the other parent 30 days advance notice of the requested time and
this vacation week shall supersede the regular physical custody schedule. In the event the
J
parties schedule conflicting vacations,the parry first providing written notice shall have the
choice of vacation. Prior to departure,the parties will provide each other with information
regarding the intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by mutual agreement.
6. In the event the custodial parent should take the Child out of state,the custodial parent shall
notify the non-custodial parent within twenty-four hours of departure of the intended
destination and a telephone number at which they can be reached.
7. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible,both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
8. In the event of a medical emergency,the custodial party shall notify the other parties as soon
as practicable after the emergency is handled.
9. Discussions or agreements in regard to custodial matters shall be made strictly between the
parents,without involving the Child in said discussions or agreements.
10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent,the terms of
this Order shall control.
By the Court,
,S� Q
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J.
Distribution:
Samuel Andes,Esquire
Lee Oesterling, Esquire
John J. Mangan,Esquire
TRUE COPY FROM REI CORD
In Testimony wlier£of, I here unto set my hand
an he seal of said Court t Car4sle,Pa.
ATYz
rroothonotar�i
RANDALL K. BAKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
V. No. 08-6544 CIVIL ACTION LAW
JULIE A. BAKER, IN CUSTODY
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WrM CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b),the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Wyatt K. Baker 08/12/1997 Primary Mother
2. A Conciliation Conference was held with regard to this matter on December 18, 2008
with the following individuals in attendance:
The Mother,Julie A. Baker,with her counsel, Samuel Andes,Esq.
The Father, Randall K. Baker, with his counsel, Lee Oesterling, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date Jo J. an an,Esquire
C tod Conciliator
RANDALL K. BAKER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 2008-6544 CIVIL ACTION LAW
M CQ
JULIE A. BAKER :Z-M
IN CUSTODY --Q f—
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DEFENDANT
ORDER OF COURT :Z7,
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AND NOW, Tuesday,July 23,2013 upon consideration of the attached C&npi'Amt,1.
it is hereby directed that pat-ties and their respective counsel appear before John J.Mangan,Jr.,Esq. the conciliator,
at 4th Floor,Cumberland County Courthouse,Carlisle on Tuesday,August 27,2013 9:00 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. 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/
ohn-1 Man ganft..Es q.
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 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 ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
M
70
&� 1 e Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Lie Telephone (717)249-3166
13
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=y15 ti..�.ffres I.
Max J. Smith,Jr., Esquire ° J111L 25 Pil 3
Attorney I.D. #32114 CUI'l8ERI
Jessica E. Lowe, Esquire PEN14SN" A �d
Attorney I.D. #208041 L� ��1�
Alexis M. Miloszewski, Esquire
Attorney I.D. #208931
James; Smith, Dietterick& Connelly, LLP
P.O. Box 650
Hershey,,PA 17033
Telephone: 717-533-3280
Fax: 717-533-2795
e-mail: mis@jsde.com
RANDALL K. BAKER, IN THE COURT OF COMMON PLEAS
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2008-6544 CIVIL
JULIE A. BAKER, CIVILACTION - LAW
Defendant/Respondent CUSTODY
PETITION TO MODIFY CUSTODY
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
AND NOW comes the Plaintiff/Petitioner, RANDALL K. BAKER,by his attorney,
MAX J. SMITH, JR., Esquire, and respectfully represents.the following:
1. Plaintiff/Petitioner is RANDALL K. BAKER, who resides at 37 Ashton Street,
Carlisle, Cumberland County, Pennsylvania.
2. Defendant/Respondent is JULIE A. BAKER, who resides at 249 Walnut Street,
Carlisle, Cumberland County, Pennsylvania.
3. Petitioner and Respondent are the natural parents of WYATT K. BAKER, born
August 12, 1997. 6 n d
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4. On December 24, 2008, an Order of Court was issued by the Honorable J. Wesley
Oler, Jr. granting the parties shared legal custody with respect to the minor child, and granting
Respondent primary physical custody, subject to Petitioner's rights of partial custody. (See copy
of Order marked Exhibit"A",.attached hereto and made part hereof).
5. The best interests and welfare of WYATT K.'BAKER,require that primary
physical custody be with Petitioner, subject to partial custody privileges for Respondent. Wyatt
has been in Petitioner's custody since June 9, 2013. After Petitioner filed to decrease support,
Respondent filed an action to enforce the aforesaid custody Order.
6. Since the Order dated December 24, 2008, the minor child has resided with
Mother at'249 Walnut Street, Carlisle, Pennsylvania until June 9, 2013.. Since June 9, 2013, the
minor child has resided with Father at 37 Ashton Street, Carlisle, Pennsylvania.
7. Petitioner does not have any information of any custody proceeding
concerning said minor child in any,court in Pennsylvania or any other State, other than
the heretofore referenced proceedings entered to the within term and number.
8. Petitioner has not participated as a party, witness or otherwise in any other
litigation concerning the custody of said minor child in Pennsylvania or any other State,
other than the heretofore referenced proceedings entered to the within term and number.
.9. Petitioner does not know of any person not.a I party to these proceedings who has
physical custody of the said minor children or who claims to have custody or visitation rights
with respect to him.
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WHEREFORE, Petitioner respectfully prays that your Honorable Court order that
primary'physical and shared legal custody of the minor child, WYATT K. BAKER,be placed
with Petitioner, subject to partial physical custody for Respondent.
Respectfully submitted,
Date: July 7-5 2013
MAX J. SMITH, JR., Es ire
I.D. No. 32114
JESSICA E. LOWE, Esquire
I.D. No. 208041
ALEXIS M. MILOSZEWSKI, Esquire
I.D. No. 208931
James, Smith, Dietterick& Connelly LLP
P.O. Box 650
Hershey, PA 17033 {
(717) 533-3280 '
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I verify that the statements made in this Petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relatin g to
unsworn falsification to authorities.
RANDALL K. BAKER
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EXHIBIT "A"
RANDALL K.BAKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
V. No. 08-6544 CIVIL ACTION LAW
JULIE A. BAKER, IN CUSTODY
Defendant
ORDER OF COURT
AND NOW this���day of December 2008,upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. Legal Custody: The Father,Randall K. Baker,and the Mother,Julie A.Baker, shall have
shared legal custody of Wyatt K. Baker,bom 08/12/1997. The parties shall have an equal right
to make all major non-emergency decisions affecting the Child's general well-being including,
but not limited to,all decisions regarding his health,education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the Child including, but not limited to,medical, dental,religious or school
records,the residence address of the Child and of the other parent. To the extent one parent has
possession of any such records or information,that parent shall be required to share the same,
or copies thereof,with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody as follows:
a. Commencing 12/27/08,Father shall have physical custody on alternating
weekends from 9:00 am Saturday until 7:00 pm Sunday.
b. Commencing 12/31/08,Father shall have physical custody every Wednesday
from 6:30 pm until 8:00 pm.
C. Commencing 02/20/09,Father shall have physical custody on alternating
weekends from 6:30 pm Friday until 7:00 pm Sunday.
d. Father shall have physical custody of the Child at such other times as the parties
may mutually agree.
3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable
basis.
4. Holidays: Father shall have custody every Christmas Eve(12/24)from 10:00 am until 6:00 pm
and Mother shall have custody from 12/24 at 6:00 pm until Christmas Day afternoon. Each
parent shall have custody of the Child on Mother's and Father's Day on their respective days
for a period of six(6)hours. Both parents shall arrange an appropriate amount of time or day
to spend with the Child on or around his birthday. The parents shall arrange and alternate the
other holidays as mutually agreed upon. Holidays shall supersede the regular custody schedule.
5. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Child per
year. Each parent may take said time in addition to their respective scheduled weekends. The
requesting parent shall give the other parent 30 days advance notice of the requested time and
this vacation week shall supersede the regular physical custody schedule. In the event the
parties schedule conflicting vacations,the party first providing written notice shall have the
choice of vacation. Prior to departure,the parties will provide each other with information
regarding the intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by mutual agreement.
6. In the event the custodial parent should,take the Child out of state,the custodial parent shall
notify the non-custodial parent within twenty-four hours of departure of the intended
destination and a telephone number at which they can be reached.
7. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party,or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible,both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
8. In the event of a medical emergency,the custodial party shall notify the other parties as soon
as practicable after the emergency is handled.
9. Discussions or agreements in regard to custodial matters shall,be made strictly between the
parents, without involving the Child in said discussions or agreements.
10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent,the terms of
this Order shall control.
By the Court,
Distribution:
Samuel Andes,Esquire
Lee Oesterling, Esquire
John I Mangan,Esquire
TRUE C hind
et my
hf re unt
0�,
�O
In Testimony wlier In
re L
l Pa.
and he seal of sat cour
is COur
1 0 -
Th. .......
Pr honotavy
RANDALL K. BAKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 08-6544 CIVIL ACTION LAW
JULIE A. BAKER, IN CUSTODY
Defendant
CUSTODY CONCILIATION SUMMAARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Wyatt K.Baker 08/12/1997 Primary Mother
2. A Conciliation Conference was held with regard to this matter on December 18,2008
with the following individuals in attendance:
The Mother,Julie A. Baker, with her counsel, Samuel Andes, Esq.
The Father,Randall K. Baker,with his counsel, Lee Oesterling, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
�flee �
Date Jo J. an an,Esquire
CdAW Conciliator
1 f
RANDALL K. BAKER, IN THE COURT OF COMMON PLEAS
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 2008-6544 CIVIL
JULIE A. BAKER, CIVIL ACTION - LAW
Defendant/Respondent CUSTODY
CERTIFICATE OF SERVICE
AND NOW, this T)/ day of July, 2013, I, MAX J. SMITH, JR., Esquire,Attorney for
Plaintiff/Petitioner,hereby certify that I have this day sent a copy of Petition to Modify Custody
by depositing a certified copy of the same in the United States mail,postage prepaid, at Hershey,
Pennsylvania, addressed to:
Samuel L. Andes, Esquire
P.O. Box 168
Lemoyne, PA 17043-0168
MAX J. SMITH, JR Esquire
I.D. No. 32114
JESSICA E. LOWE, Esquire
I.D. No. 208041
ALEXIS M. MILOSZEWSKI, Esquire
I.D. No. 208931
James, Smith, Dietterick& Connelly LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
RANDALL K. BAKER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. -0
2008-6544 CIVIL ACTION LAW :]
'�rn
cn C.=)
JULIE A. BAKER
IN CUSTODY
DEFENDANT Z
ORDER OF COURT
AND NOW, Tuesday,July 30,2013 —, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J.Mangan,Jr.,Esq. the conciliator,
at 4th Floor,Cumberland County Courthouse,Carlisle on Friday,September 06,2013 9:00 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. 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/
ohn . Man an - r.,Es q.�IILI
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 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 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
f1 � Telephone (717)249-3166
amxeA F--s -
01
RANDALL K. BAKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
c� r�
V. No. 08-6544 CIVIL ACTION L�
JULIE A. BAKER, IN CUSTODY
Defendant -"'c r .--
Prior Judge: J. Wesley Oler, Jr., Sr., J. =C)
yr- .. CID ,
�--
ORDER OF COURT
�Z
AND NOW this day of September 2013,upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. Legal Custody: The Father, Randall K. Baker, and the Mother, Julie A. Baker, shall have
shared legal custody of Wyatt K. Baker,born 08/12/1997. The parties shall have an equal right
to make all major non-emergency decisions affecting the Child's general well-being including,
but not limited to, all decisions regarding his health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the Child including,but not limited to,medical, dental,religious or school
records,the residence address of the Child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the same,
or copies thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
2. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's
partial physical custody as follows:
a. Mother shall have custody of Wyatt one evening per week from 5:00 pm until
9:00 pm. Mother shall give Father 48 hours'notice of the requested evening; in
the event the request conflicts with the other party and/or Wyatt's schedule, the
parties shall mutually select another evening.
b. If Father is working during the hours of the requested time,Mother shall provide
all of the transportation; if Father is not working, Mother shall pick up Wyatt to
begin her evening and Father shall pick up Wyatt at 9 pm.
C. Mother shall have physical custody of the Child at such other times as the
parties may mutually agree.
3. Telephone contact: The non-custodial parent shall have liberal telephone/text/email contact
with the Child on a reasonable basis. In the event the parents can not agree, Mother shall
telephone contact with Wyatt every Tuesday, Thursday and Sunday at 7:00 pm.
4. Holidays: Thanksgiving: Mother shall have approximately six hours from 3:00 pm until 9:00
pm on Thursday. Christmas: Mother shall have custody from 12/25 1 pm until 12/26 at 1 pm.
The parents shall arrange and alternate the other holidays as mutually agreed upon. Holidays
shall supersede the regular custody schedule.
5. Counseling: The parties are strongly encouraged to engage in therapeutic family counseling
with a mutually-agreed upon professional in an attempt to repair the relationship between
t
Mother and Wyatt. The cost of said counseling, after appropriate payment through insurance,
shall be split equally between the parties
6. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Child per
year. Each parent may take said time in addition to their respective scheduled weekends. The
requesting parent shall give the other parent 30 days advance notice of the requested time and
this vacation week shall supersede the regular physical custody schedule. In the event the
parties schedule conflicting vacations, the party first providing written notice shall have the
choice of vacation. Prior to departure,the parties will provide each other with information
regarding the intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by mutual agreement.
7. In the event the custodial parent should take the Child out of state, the custodial parent shall
notify the non-custodial parent within twenty-four hours of departure of the intended
destination and a telephone number at which they can be reached.
8. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible,both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
9. In the event of a medical emergency, the custodial party shall notify the other party as soon as
poosible after the emergency is handled.
10. Discussions or agreements in regard to custodial matters shall be made strictly between the
parents, without involving the Child in said discussions or agreements.
11. Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non-relocating party to
exercise his or her custodial rights unless (a) every person who has custodial rights to the
child/children consents to the proposed relocation or(b) the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§5337.
12. A status conference with the assigned conciliator is hereby scheduled for Friday December 13,
2013 at 9:00 am.
13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
By the Court,
J.
Distribution:
,-'Samuel Andes, Esquire
._ ' ax Smith, Esquire
,,J,ohn J. Mangan, squ re
0.0
RANDALL K. BAKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 08-6544 CIVIL ACTION LAW
JULIE A. BAKER, IN CUSTODY
Defendant
Prior Judge: J. Wesley Oler, Jr., Sr., J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b),the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody
Wyatt K. Baker 08/12/1997 Primary Mother
2. A Conciliation Conference was held with regard to this matter on December 18, 2008,
an Order issued December 24, 2008 and a conference was held September 06, 2013 in
regard to father's petition to modify and Mother's contempt petition with the following
individuals in attendance:
The Mother, Julie A. Baker, with her counsel, Samuel Andes, Esq.
The Father,Randall K. Baker,with his counsel, Max Smith, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date John J gan, Esquire
Cust d onciliator
RANDALL K. BAKER,
Plaintiff
VS.
JULIE A. BAKER,
Defendant
Prior Judge: M.L. Ebert, Jr.
•
_ 7
•
T71 r
2gil, APR -3 AN 10: 52
CUMBERLAND CO'..Y
FENNSYLVANIA
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-6544 CIVIL TERM
IN CUSTODY
PETITION TO ENFORCE AND TO ADJUDICATE PLAINTIFF IN CONTEMPT
AND NOW comes the above-named Defendant, by her attorney Samuel L. Andes, and
petitions the court as follows:
1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff.
2. The parties are the parents of one minor child, Wyatt K. Baker, now age 16, born 12
August 1997.
3. Pursuant to an order of this court dated 11 September 2013, a copy of which is
attached hereto and marked as EXHIBIT A, the parties were to share legal custody, the Plaintiff
was to have primary physical custody, and the Defendant was to have periods of partial physical
custody as set out in the order.
4. The Plaintiff has violated the order and failed to comply with its terms and provisions.
Specifically:
A. Plaintiff has failed to assure Defendant of her periods of partial custody
as set out in Paragraph 2 (a) of the Order. He has failed and refused to enforce the
order by persuading the minor child to spend the time required by the order in the
partial physical custody of Defendant.
PO ,d.4
Of* 3O37?
B. He has failed to comply with the provisions of Paragraph 3 of the order
assuring telephone contact between Defendant and the child.
C. He has failed to comply with the provisions of the Order relating to
holidays as set out in Paragraph 4 of the Order.
5. Plaintiff has told Defendant that he will not enforce the order if the child does not
want to comply with it.
6. As a result of the above, Defendant has had no direct physical contact with the child,
has not had the child in her custody, and has had no meaningful contact with the child for a
period of several months.
7. All of the problems described above are caused by Plaintiff's willful violation of the
order and his contempt of this court.
8. Defendant's criminal and abuse record certification is attached hereto and marked as
EXHIBIT B.
9. The prior order in this .matter was entered by the Honorable M.L. Ebert, Jr.
WHEREFORE, Defendant prays this court to conduct a hearing on this Petition and,
after hearing, hold the Plaintiff in contempt of this court's order of 11 September 2013 and take
such other action as may be reasonably required to assure Plaintiff's compliance with the terms
of that order and any subsequent order entered by the court in this matter.
Samuel L. Andes
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
P.O. Box 168
Lemoyne, PA 17043
(717) 761 -5361
I verify that the statements made in this document are true and correct. I understand that
any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn
falsification to authorities).
Date: *CA d
020/4/
LIE A. BAKER
CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing document upon counsel for the
Plaintiff herein by regular mail, postage prepaid, addressed as follows:
Date: 28 March 2014
Max J. Smith, JR., Esquire
P.O. Box 650
Hershey, Pa 17033
Secretary for Samuel L. Andes
RANDALL K. BAKER,
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. No. 08 -6544 CIVIL ACTION LAW 4
-0 Y z.;, --t
IN CUSTODY ���, r?, f
C - - C)
>
ORDER OF COURT 5 c---- ._ ;`
AND NOW this //4 day of September 2013, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
JULIE A. BAKER,
Defendant
Prior Judge: J. Wesley Oler, Jr., Sr., J.
1. Legal Custody: The Father, Randall K. Baker, and the Mother, Julie A. Baker, shall have
shared legal custody of Wyatt K. Baker, born 08/12/1997. The parties shall have an equal right
to make all major non - emergency decisions affecting the Child's general well -being including,
but not limited to, all decisions regarding his health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the Child including, but not limited to, medical, dental, religious or school
records, the residence address of the Child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the same,
or copies thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
2. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's
partial physical custody as follows:
a. Mother shall have custody of Wyatt one evening per week from 5:00 pm until
9:00 pm. Mother shall give Father 48 hours' notice of the requested evening; in
the event the request conflicts with the other party and/or Wyatt's schedule, the
parties shall mutually select another evening.
b. If Father is working during the hours of the requested time, Mother shall provide
all of the transportation; if Father is not working, Mother shall pick up Wyatt to
begin her evening and Father shall pick up Wyatt at 9 pm.
c. Mother shall have physical custody of the Child at such other times as the
parties may mutually agree.
3. Telephone contact: The non - custodial parent shall have liberal telephone /text/email contact
with the Child on a reasonable basis. In the event the parents can not agree, Mother shall
telephone contact with Wyatt every Tuesday, Thursday and Sunday at 7:00 pm.
4. Holidays: Thanksgiving: Mother shall have approximately six hours from 3:00 pm until 9:00
pm on Thursday. Christmas: Mother shall have custody from 12/25 1 pm until 12/26 at 1 pm.
The parents shall arrange and alternate the other holidays as mutually agreed upon. Holidays
shall supersede the regular custody schedule.
5. Counseling: The parties are strongly encouraged to engage in therapeutic family counseling
with a mutually- agreed upon professional in an attempt to repair the relationship between
Mother and Wyatt. The cost of said counseling, after appropriate payment through insurance,
shall be split equally between the parties
6. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Child per
year. Each parent may take said time in addition to their respective scheduled weekends. The
requesting parent shall give the other parent 30 days advance notice of the requested time and
this vacation week shall supersede the regular physical custody schedule. In the event the
parties schedule conflicting vacations, the party first providing written notice shall have the
choice of vacation. Prior to departure, the parties will provide each other with information
regarding the intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by mutual agreement.
7. In the event the custodial parent should take the Child out of state, the custodial parent shall
notify the non-custodial parent within twenty-four hours of departure of the intended
destination and a telephone number at which they can be reached.
8. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
9. In the event of a medical emergency, the custodial party shall notify the other party as soon as
poosible after the emergency is handled.
10. Discussions or agreements in regard to custodial matters shall be made strictly between the
parents, without involving the Child in said discussions or agreements.
11. Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non-relocating party to
exercise his or her custodial rights unless (a) every person who has custodial rights to the
child/children consents to the proposed relocation or (b) the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§5337.
12. A status conference with the assigned conciliator is hereby scheduled for Friday December 13.,
2013 at 9:00 am.
13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
Distribution:
Samuel Andes, Esquire
Max Smith, Esquire
John J. Mangan, Esquire
By the Court,
Sr. J.
TRUE COPY FROM RECORD
In Testimony whereof, here unto set my hand
and the se of said C at Carlisle, Pa.
This y of ; 20
Prattle tary
a. 9,1e._ 8.612
RANDALL K. BAKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. No. 08 -6544 CIVIL ACTION LAW
JULIE A. BAKER, IN CUSTODY
Defendant
Prior Judge: J. Wesley Oler, Jr., Sr., J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3 -8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Wyatt K. Baker 08/12/1997 Primary Mother
2. A Conciliation Conference was held with regard to this matter on December 18, 2008,
an Order issued December 24, 2008 and a conference was held September 06, 2013 in
regard to father's petition to modify and Mother's contempt petition with the following
individuals in attendance:
The Mother, Julie A. Baker, with her counsel, Samuel Andes, Esq.
The Father, Randall K. Baker, with his counsel, Max Smith, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date /5/7Y
John
Cust
gan, Esquire
onciliator
RANDALL K. BAKER,
Plaintiff
VS.
JULIE A. BAKER,
Defendant
• L■1°111,:_.
THE PROTHON3
20iii APR -3 AM 10: 52
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-6544 CIVIL TERM
IN CUSTODY
CRIMINAL RECORD / ABUSE HISTORY VERIFICATION
I, JULIE A. BAKER, hereby swear or affirm, subject to penalties of law including 18 Pa.
C.S. § 4904 relating to unsworn falsification to authorities that:
1. Unless indicated by my checking the box next to a crime below, neither I nor any
other member of my household have been convicted or pled guilty or pled no contest or was
adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.
C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in
any other jurisdiction, including pending charges:
Check
all
that
aunty
Crime
Self Other Date of
household conviction, guilty
member plea, no contest
plea or pending
charges
O 18 Pa. C.S. Ch. 25 (relating to 0 0
criminal homicide)
O 18 Pa. C.S. § 2702 (relating to 0 0
aggravated assault)
O 18 Pa. C.S. § 2706 (relating to 0 0
terroristic threats)
0 18 Pa. C.S. § 2709.1 (relating to 0
stalking)
Sentence
❑ 18 Pa. C.S. § 2901 (relating to ❑ ❑
kidnapping)
❑ 18 Pa. C.S. § 2902 (relating to ❑ ❑
unlawful restraint)
❑ 18 Pa. C.S. § 2903 (relating to ❑ ❑
false imprisonment)
❑ 18 Pa. C.S. § 2910 (relating to ❑
luring a child into a motor
vehicle or structure)
❑ 18 Pa. C.S. § 3121 (relating to ❑ ❑
rape)
❑ 18 Pa. C.S. § 3122.1 (relating to ❑ ❑
statutory sexual assault)
❑ 18 Pa. C.S. § (relating to ❑ ❑
involuntary deviate sexual
intercourse)
❑ 18 Pa. C.S. §3124.1 (relating to ❑ ❑
sexual assault)
❑ 18 Pa. C.S. §3125 (relating to ❑ ❑
aggravated indecent assault)
❑ 18 Pa. C.S. §3126 (relating to ❑ ❑
indecent assault)
❑ 18 Pa. C.S. §3127 (relating to ❑ ❑
indecent exposure)
❑ 18 Pa. C.S. §3129 (relating to ❑ ❑
sexual intercourse with animal)
❑ 18 Pa. C.S. §3130 (relating to ❑ ❑
conduct relating to sex offenders)
❑ 18 Pa. C.S. §3301 (relating to ❑ ❑
arson and related offenses)
❑ 18 Pa. C.S. §4302 (relating to ❑ ❑
incest)
❑ 18 Pa. C.S. §4303 (relating to ❑ 0
concealing death of child)
❑ 18 Pa. C.S. §4304 (relating to ❑ 0
endangering welfare of children)
❑ 18 Pa. C.S. §4305 (relating to ❑ 0
dealing in infant children)
❑ 18 Pa. C.S. § 5902 (b) (relating to ❑ ❑
prostitution and related offenses)
❑ 18 Pa. C.S. §5903 (c) or (d) ❑ ❑
(relating to obscene and other
sexual materials and
performances)
❑ 18 Pa. C.S. §6301 (relating to 0
corruption of minors)
❑ 18 Pa. C.S. §6312 (relating to ❑ ❑
sexual abuse of children)
❑ 18 Pa. C.S. §6318 (relating to ❑ ❑
unlawful contact with minor)
❑ 18 Pa. C.S. §6320 (relating to ❑ ❑
sexual exploitation of children)
❑ 23 Pa. C.S. § 6114 (relating to ❑
contempt for violation of
protection order or agreement)
❑ Driving under the influence of ❑ ❑
drugs or alcohol
❑ Manufacture, sale, delivery, ❑ ❑
holding, offering for sale, or
possession of any controlled
substance or other drug devise
2. Unless indicated by my checking the box next to an item below, neither I nor any other
member of my household have a history of violent or abusive conduct including the following:
Check
all
that
apply
Self Other
household
member
0 A finding of abuse by a 0 0
Children & Youth Agency or
similar agency in Pennsylvania
or similar statute in another
jurisdiction
Abusive conduct as defined
under the Protection from
Abuse Act in Pennsylvania or
similar statute in another
jurisdiction
0 Other:
Date
3. Please list any evaluation, counseling or other treatment received following conviction
or finding of abuse:
4. If any conviction above applies to a household member, not a party, state that person's
name, date of birth and relationship to the child.
5. If you are aware that the other party or members of the other party's household has or
have a criminal/abuse history, please explain:
I verify that the information above is true and correct to the best of my knowledge,
information or belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.
RANDALL K. BAKER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF
v.
JULIE A. BAKER
DEFENDANT
CUMBERLAND COUNTY, PENNSYLVANIA
2008 -6544 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, April 07, 2014
, upon consideration of the attached Complaint, it is
hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 09, 2014 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. 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.
You must file with the Court a verification regarding any criminal record or abuse history regarding you and
anyone living in your household on or before the initial in- person contact with the court (including, but not limited to,
a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition.
No party may make a change in the residence of any child which significantly impairs the ability of the other party
to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and
Pa.R.C.P. No. 1915.17 regarding relocation.
FOR THE COURT,
By: /S/
John J. Mangan, Jr., Esq.,J
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 arrangements must be made at least 72 hours prior
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WHERE YOU CAN GET LEGAL HELP.
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Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249 -3166
2-
RANDALL K. BAKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. No. 08-6544 CIVIL ACTION LA`V'
JULIE A. BAKER, IN CUSTODY
Defendant
Prior Judges: M.L.Ebert, Jr., J.
J. Wesley Oler, Jr., Sr., J.
ORDER OF COURT -{
1b
AND NOW this io day of June 2014, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. Mother's petition for contempt is hereby held in abeyance. Upon request by counsel for the
parties, either party may request a hearing be scheduled before the Court to address Mother's
contempt issues.
2. Legal Custody: The Father, Randall K. Baker, and the Mother, Julie A. Baker, shall have
shared legal custody of Wyatt K. Baker, born 08/12/1997. The parties shall have an equal right
to make all major non -emergency decisions affecting the Child's general well-being including,
but not limited to, all decisions regarding his health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the Child including, but not limited to, medical, dental, religious or school
records, the residence address of the Child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the same,
or copies thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's
partial physical custody as follows:
a. Mother shall have custody of Wyatt every Wednesday from 5:00 pm until 9:00 pm.
b. If Father is working during the hours of the requested time, Wyatt shall transport
himself to Mother's residence. If Father is not working, either Father shall transport
Wyatt to Mother or Wyatt shall drive himself. If Wyatt does not drive himself, Mother
shall drop Wyatt back off to Father at 9 pm.
c. Mother shall have physical custody of the Child at such other times as the parties may
mutually agree.
4. Telephone contact: The non-custodial parent shall have liberal telephone/text/email contact
with the Child on a reasonable basis. In the event the parents can not agree, Mother shall
telephone contact with Wyatt every Tuesday, Thursday and Sunday at 7:00 pm.
5. Holidays: Thanksgiving: Mother shall have approximately six hours from 3:00 pm until 9:00
pm on Thursday. Christmas: Mother shall have custody from 12/25 1 pm until 12/26 at 1 pm.
The parents shall arrange and alternate the other holidays as mutually agreed upon. Holidays
shall supersede the regular custody schedule.
6. Counseling: The parties specifically directed to engage in therapeutic family counseling with
a mutually -agreed upon professional in an attempt to repair the relationship between Mother
and Wyatt. Father shall relay in writing a list of providers covered by insurance by Friday
06/06/14. Mother shall then select a provider by Friday 06/13/14. Mother shall then promptly
schedule an appointment. Both parents and Wyatt shall comply with the counselor's
recommendations. The cost of said counseling, after appropriate payment through insurance,
shall be split equally between the parties
7. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Child per
year. Each parent may take said time in addition to their respective scheduled weekends. The
requesting parent shall give the other parent 30 days advance notice of the requested time and
this vacation week shall supersede the regular physical custody schedule. In the event the
parties schedule conflicting vacations, the party first providing written notice shall have the
choice of vacation. Prior to departure, the parties will provide each other with information
regarding the intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by mutual agreement.
8. In the event the custodial parent should take the Child out of state, the custodial parent shall
notify the non-custodial parent within twenty-four hours of departure of the intended
destination and a telephone number at which they can be reached.
9. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
10. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
11. Discussions or agreements in regard to custodial matters shall be made strictly between the
parents, without involving the Child in said discussions or agreements.
12. Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non -relocating party to
exercise his or her custodial rights unless (a) every person who has custodial rights to the
child/children consents to the proposed relocation or (b) the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§5337.
13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
Distribution:
uel Andes, Esquire
ax Smith, Esquire
4ohn J. Mangan, Esquire
Cap l'ec 1rLb_
ly
4
RANDALL K. BAKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. No. 08-6544 CIVIL ACTION LAW
JULIE A. BAKER, IN CUSTODY
Defendant
Prior Judges: M.L.Ebert, Jr., J.
J. Wesley Oler, Jr., Sr., J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Wyatt K. Baker 08/12/1997 Primary Mother
2. A Conciliation Conference was held with regard to this matter on December 18, 2008,
an Order issued December 24, 2008, a conference was held September 06, 2013, an
Order issued September 11, 2013 and a conference was held June 03, 2014 in regard to
Mother's contempt petition with the following individuals in attendance:
The Mother, Julie A. Baker, with her counsel, Samuel Andes, Esq.
The Father, Randall K. Baker, with his counsel, Max Smith, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date
(P /1//i
John J Iranan, squire
Cust dy Conciliator
1
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