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HomeMy WebLinkAbout09-3794 JARED M. BAHR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ERIN J. WOOLEY, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRAECIPE TO REGISTER CUSTODY ORDER PURSUANT TO 23 PA.C.S.A. 65445 TO THE PROTHONOTARY: Kindly register the attached certified custody Order, dated April 21, 2003, entered in the Court of Common Pleas of York County, Pennsylvania, as an Order of the Court of Common Pleas of Cumberland County, Pennsylvania. A certified copy and one additional copy is attached for the Court's review. Plaintiff does not know or believe that the Order has been modified subsequent to its entry; Plaintiff believes that the certified Order attached hereto is the final Order for custody to which the parties are subject. SAIDIS, FLOWER & LINDSAY Ma atas, Es Attorne .84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: Counsel for Plaintiff FLOWER SAID, IJNDSAY 26 West High Street Carlisle, PA JARED M. BAHR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. ERIN J. WOOLEY, : CIVIL ACTION - LAW Defendant : IN CUSTODY NOTICE TO: Erin Wooley 3416 Barclay Street Philadelphia, PA 19129 1. A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this Commonwealth. 2. A hearing to contest the validity of the registered determination must be requested within 20 days after service of notice; and, 3. Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted. SAIDIS, FLOWER & LINDSAY Marytas, Esqbiw Attome . #84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff FLOWER & LINDSAY 26 West High Street Carlisle, PA s JARED M. BAHR, Plaintiff V. ERIN J. WOOLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION - LAW IN CUSTODY VERIFICATION FLOWER & ixIl ms" mmsgmgm 26 West High Street Carlisle, PA I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: / J M. BA laintiff/Petitioner IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA Jared M. Bahr, No. 2002-SU41928 -03 Plaintiff , i v Erin J. Wooley, w Defendant ORDER r AND NOW TO WIT, this rday of Z ) 2003 the w Agreement as to Custody of the Parties' Minor Child, Taylor Wcoley, date of birth January 4, 2000, signed April 17, 2003, and filed herewith is adopted as a final order of court. The Proth;motary is directed to serve copies of this order on Counsel of Record SO ORDERED. BY THE COURT, i W. Thom , J I I CERTIFIED ff the records of the Cart of Common Pleas of Pamela S. L Prothonotary r- York County, nnsylvaniathisd of 0 ©9 ??49?S?C?rJ2$ `! Arm 17 03 IOiIIa BEEN FINLPKG ff*-17-280 09:22. • CaA Lfti Fl" JARED M. SAAM l1NatlQ V. xM i.wOOLIY, Defeedswr . 2t56734490'. 919 90 Un : IN TAZ COURT OF COMMON PLL4,8 : OF YORK COUNTY, PKNMMVAMA No. 2002-SU4WI926-03 Custody A• AS TO CVODY THfS AGMWITM is made the day of April. 2003, by =d between: ERIN, J. WOOL.!;Y. heniaaft referred to as the "MoWer." P.22 Ch w z} •t• -o ;v and - N JARED M. ABR. Mer Wf* Mhrmd to as the "Fw wr.- w W1tRREAS. an putia haver Siven saioos corwdwabw to the ftum+c wollin of emir lnbxx cldd, Taylor wonky. bum January 1.2000, aad hereby aS= as &Uaan: 1. BSI e..e X- Lspl CUNWr of the minor child SW be :hated by tae put" Shared 101* chneody sneer-" the rW of bo& parmts m shoe in makIA9 deeaiont of kpoRmq in tae h* of *Jck cb" a • "v?educadonal. modiW ad rob&us deeisioaa. aft l?tr d" be "Otiod to "W saaM to the child's sesool, medical AM dMW record,. 2. Lr CM912. Mona shag have n4cuity physical =Mdy of Oe tenor child 3' R,, , Father shall bare ruts of partial 001" moody of the moor cbiw u as for, -)Ws: A Ova a lour wt* r wt71 bawe one wusltmd ad a st?ea day block with tae qpIC" gnhw4 es win take plies as foams: Rc :""1% - APR 179 2003 109Q51.05 19 JY. r ?I Rrr 17 02 10:12• DEEM FIMLPKC 2156734490 '.3 WP-1'1'-2883 89:22 CGA lPW FIR 7V 943 SM r.63 Week 1: Mother will have physical custody of tbw cUM Sunday at S:30 p m. through Fnday u 7:30 pm. Fatha well have physical custody Of 9W child bore 7:30 p.m, on Friday wee Smoky at 5:30 pm. Weds 2: Motber •nll have physical custody of the : Wid from 5:30 p.m. 410 Sunday through S:30 p.m. the following Sunday. Week 3: Mother will cootinu to hm physical cnrtody of the child item Sunday at 5:30 pm duough hiday at 730 p m. Father will hm physical custody of the cluld at 7:30 p.aa. oo Friday of the third week and costae his physical custody loco the fotath west as stated below. Wit C Father will continue to lu vc physical custody of the child after his wedka%d sea forth m Week 3 di-,ngh the followdrhg Fridley at 7:30 pm. Mother vri l then have physical custody of tie child starting at 730 p= on Friday through Surday at 5:30 pm. wbm Modw% phys" aostady shall ? - ri re dviugb Welk I as stsxed @bow This foot weds rutdim *All 15ea oon4elue b repeat every four weeks. I1 z For &,e Thanksgiving bohday is 2004 and all evm r timbered years thereattar, Fatha shall have pbywAd moody of the Dim r did frost Wadmaday, the day befom Thwktgivistg, at 7,30 p eD. ttstol F :iday, the day alter lbu tspvint u 7:30 p.m. For the Tbvdm&ivj* holiday m 2003 wA all odd numbered years dha+eafter, Modw d" bare r 1,Ymcal custody of the minor ciuld from Wedriesday, the day before --W*Vvin& at 7.30 p.m. unal Friday. the day after T%aak =ivit& at 10 p.m f?gJaM. Mocha shall have phpsical custody of the child every ym k m D -Csobes 23~ at 7:30 p.m. until December 2e at 730 p.m Fmha shall have physical custody of the child every yearn from Decomba 266 at 7 30 pin. through December 30* at 7:30 p nth E. $ UMST. Summer vacation LS dcfinW as the troth dhs if Jut*, July sad Avg= ? scbedoled school vacobw once the chile begun F #%a shalt be entitled to physical t o%" for three additiomtl weeks each aLUmer Tbcse weeks may no: be coosoetative with each other, how ever, 1~ r y ahoy be oonsocuLve whth weeks where Father would otherwise have tLe cold dA=8 the regular four we& row= set forth in paeapaph 2.A. of this Ajreen,an Father wait advise Modur by February t" of each year of the weeks be wubes to select For the year 2003, Father shall rm* Mutba Within seven days of the data of this Agee ant. Rpm 17 03 lot l2a SEEM F 1 M,PKG 2156734480 Aw-0-2103 09122 (MA LAU FIRM ?iV iq !d3! 1'.04 M otha may select up to two weeks for her vacation w: tb the ebiid (acre week vacation) which may include flue wwtcmda befbm VA 6 ft the 4 V.hedaled vacation. Motba's vacation sway take ptaoe d ay?t3aoe dt>fing tlhr year until Taylor eaters kindest ww6 at which tbne Mee6a" a vatdtion mint also take place daring 00 sebeduiod school suoo ,wr a0111,0ta. Mother win give Father It lean three weeks notice of lily vacdioa she utheddes. 4. Neg. la the went Father is unable to eaetcise his partial pbysitpl GWOdy at any one of the aforesaid tines, he agrees to provide Mother with at least twenty-few (24) ham advance notice. S. ja yp"Mi" The transportation shall be shaved by both patties, the meeting piece for the custody cxdww shall be the Una's Restaurant at Exit 23 offthe Penwylvais twr4&e. At all times, the child shall be secured In approp &%papenga restraints. No person transporting the child shall consume or be under the influeme of akoholie beMaa g es pia to tnatpo:sng the cku7d. IJo person trta>aportit?g tthe child Shan be raids tt?e inflect a of arty alcol iolie beverages while transporting the child. 6 La fee Rmelk=M to the went any party esmore cr amidpstet Deft lb= 20 minutes late fa a K wcdalad custody exchange, both parties sW1 snake every eftbct, including a phone call a the oCia paroat, to notify them of same. 7 Idle Ceat st Motha and Pathan &MU pa mit rwmuslile ideplime contact between? the child and the noncustodial pavmt during any times, she is with the adw parent a . [r Each patty shall provide the odw with at kept fattr. aged (43) hours advice noeioe of school or other activities whenever pals6k ScO parties shall apes to homer and participate in the activities do do child wishes to copy w During the mass to the pereats bove custody of the child. racy vK11 mice eertain ""?94Yi:S15 !.0:120 DEEM FIN&PKG 2156'784480 '.5 $PP-11-2M P9-,22 CC.4:4 717 841 SM P.05 cast be clt:ld a=& auy ertrscwmular aarvrba. The psr4es agree thst they will be supportive of the acttvdm and will transpot: the child to and frorn such smvitma and the prepaatlons and peattaee for do actav w. that in w2odulad, an such time so that the child is able lo pwdcipale in tltoee events. Nei*a puma, however. shah silo up *e child for any activity =Isss the ebcyd dsfinitdy desires to attend that aeuvity Both parties agree that they shill discus which activift the child Pimps" T^ L the event Sat the custodial pwent is unable to d.1 tva the child to the partitarla achvtty. the parent who has custody of the chid at that time shall noti-ly the non-Custodial panat, wbo shall be a&JW to pack up avid deliver the child to the designated activity. The cud*" patrew shall mate certain mat the child is rady for pickup in time nuffi;icat to enable the child to timely amend ft act m ry. 9 QMI"ft. The parties sha:1 consult with each other as often as may be necessary reprdirg rt a seas pectaming to the child, which shall anelude the followriog: A •evess. The partia shall have the following equal n4;hta with respect to .x child: reasonable telephone allu* privilege; access to report cards and other relevant information concerning the progress of dw eWW in mbool. Each Party shag immediately notity dw otlw by teiophowk if -ossibie. of any illness or uthm emergency that may inn v4d)c the r.hildrea art is her or his oustody. B. Om to Cater. tea all rowtan of importance relating to the child's hhoalth. edneatron and welfart, the pleies shall have the duty to confer with each other, with a view to adoptiaj a harmoniens policy cdeulftd io VI noting the child's best interests. This dt?ty shall include Ow oquiremart that the partin advise and discuss with each other all racportant events in die ehild's life. including by way of wtatapla, bat not ted to: school meetings, gravel plans, medical condition, education progress mend alas. stammer cautp arrangements, actractrrdcul r activities, vaattaon plans, etc. 4 111C9f ? lJS2? .;... Apr 1? 03 10:12a SEEM FIMLPKG 2156A4490 ' P.6 0R-17-2083 09:22 CtA LAJ FIRM 717 943 9939 P.06 K e. DAM. Emergency decisions re`cdiog the child shall be ntnade by the parent then having custody. However, in the evtrtu of arty IMMI goy or s crious illness of the child at any time, any party haying eudody of the child shall immediately coatrrutnieste with the other pt rty by telepltoae or an/ other mega: practical, informing the other party e I the 8090 of tlse i l! Aeu or emagescy, so the other parent can becoms evolved in the decision making process as soon as practical. The term "serious illness" as used hemin shall mesa any disability which requires the child to seek a physician's care. 10. Posith a Reladoasktos. Each of the parties, and sny third party in the pteseaoe of the child, shaU take ali measures deemed advisable to foster a feeling of affection between the child and the other party and neither wiU do anything which may estrange the child !Iota the other party or impair the child's high regard for the other party. The parties agree to conduct thanselves in a civil warmer in the presence of the child and to not allow their differaneu to affeet the child's mlatio-Uhip with either of the parents. 11. Wdfar a e9f Cbtld. The welfare and convenience of the child shall be the prime consideration of the p.ir'ies in any application of the provisions of this Agreemenl. l 2 M2dW Won of A tretistaL The parties are free to modify the terms of this Agreement if both parties are in complete agreement to any new terms. That means both pasties must consent on what .he new terms of the custody arrangement or schedule shall be. 13. r r of Court. This Agrt=cnt !hall be entered as on Ot der of the Court. EN WIMj S,^ WHEREOF, the parties hereto set their hands to this Agreement on the date above-mentioned Witnest "! P-0n 5705419 1t7103 TOTAL P.06 ?4i •y RED-OFICE OF THE P'Rv?,-)TH NOT,RY 2004 JUN -8 PM 3: 16 CV?N ti "D tacjfffy # . 4 /IK. ?o A? 04K.11o f&.# 4d to Wo ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the hack of the mailpieoaj " or on the front if space permits. 1. Article Addressed to: Erin? Woo IN 'f I&eli ph al Tl','q QIa1 2. Article Number (transfer from service /sbeq PS Form 3811, February 2004 A. Sko" X ? Agent ? Addre (Prt ) Vr of lY F!qc rivi (C, V 4 D. Is delivery address different from Item 1? des If YES, enter delivery address below: bqNo 3. lype cruffed Mail 11 Express Mail Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Deliver/ Pft Fee) Oyes 7004 1350 0003 7286 2453 Domestic Return Receipt 102595.02-W1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, an + 's b , • ' va V j t. :y ,-0 CD (/ i. I e r a 4urtis R. Long, Prot n Cu erland County Co t o e T Ord;, Courthouse Square ?. J y co Ce isle, PA 17013 iry g?^ U.J - A 06 N JARED M. BAHR, Plaintiff V. ERIN J. WOOLEY, Defendant PETITION FOR MODIFICATION OF CUSTODY 1. Petitioner is Jared M. Bahr, an adult individual currently residing at IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-3794 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 192 Faith Circle, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Erin J. Wooley, an adult individual currently residing at 3416 Barclay Street, Philadelphia, Philadelphia County, Pennsylvania. 3. The parties are the natural parents of one child, namely, Taylor Wooley, born January 4, 2000. The child was born out of wedlock. For the past five years or since the child's birth, the child has resided with the following persons at the following address for the following periods of time. SAMIS, LINDSAY ATIDRNEYS-AX•uw 26 West High Street Carlisle, PA NAME Jared M. Bahr Stacey Schaffner Jared M. Bahr Stacey Schaffner Jayden Bahr ADDRESS Highland Court Carlisle, PA 17013 192 Faith Circle Carlisle, PA 17013 DATE 2004 to October 2006 October 2006 to Present The natural mother of the child is Respondent, who resides as aforesaid. She is single. The natural father of the child is Petitioner, who resides as aforesaid. He SAIDIS, FLOWER & LINDSAY AITUIM15•AT•tww 26 West High Street Carlisle, PA is single. 4. 5. 6 7 8 9 10. The relationship of the Petitioner to the child is that of natural father. The Petitioner currently resides with the child at issue, his longtime girlfriend, Stacey and their 2 year old son, Jayden. The relationship of the Respondent to the child is that of natural mother. The Respondent currently resides alone or with a boyfriend. The parties currently are subject to an Order of Court dated April 21, 2003, which was entered in the York County Court of Common Pleas but which has been registered in Cumberland County on June 8, 2009. A copy of this Praecipe to Register Custody Order with attached Order is attached hereto and incorporated herein as Exhibit "A" regarding custody of their child. Respondent was served with Notice of the Praecipe on June 16, 2009. A copy of the USPS certified mail tracking receipt is attached hereto as "Exhibit B". Respondent has not objected to the registration of the Order in Cumberland County and more than twenty (20) days has passed. The parties have not been following the terms of this Order consistently, as they relate to periods of physical custody on a week to week basis. The best interest and permanent welfare of the child would be served by granting the relief request because: a) Since the entry of the Order, circumstances of the parties have changed substantially such that Petitioner believes it is appropriate for the terms of their custody Order to be modified. b) At the time of entry of the Order, dated April 21, 2003, both Petitioner (hereinafter referred to as "Father") and Respondent (hereinafter referred to as "Mother") lived in York County, Pennsylvania. c) In approximately 2004, Mother moved to a new residence in Philadelphia and Father moved to a new residence in Carlisle, Cumberland County. d) At the time that Father relocated, Mother voluntarily relinquished primary physical custody of the child to Father. e) Since that time, in 2004, the child has remained in Father's primary physical custody. f) Mother has had inconsistent contact with the child for the past four (4) years that the child has resided in Cumberland County with Father. g) During the 2008 calendar year, Mother did not visit the child for five consecutive months prior to Christmas 2008. SA UIS, FLOWER & LINDSAY AT[OBNME APLAW 26 West High Street Carlisle, PA h) During the 2007 calendar year, Mother made minimal contacts with the child, visiting or contacting the child only approximately six times during the year. i) Father has been the stable caregiver for the child, for all of her medical, educational, emotional, financial, spiritual and physical needs. j) Father maintains a stable household, steady employment and solid support system in Cumberland County. k) Father has reason to believe that Mother was suspended from her current job without pay recently. 1) Father has reason to believe that Mother was evicted from her current home recently. m) Father has reason to believe that Mother may be using the child's name as a dependent for purposes of obtaining additional public assistance and housing assistance. n) Mother indicated to Father that she wanted to take back physical custody of the child as early as July 1, 2009, to claim her for housing assistance, public assistance, and tax dependency filing. o) Father is afraid that without an order modifying the prior Order, and maintaining the status quo, wherein Father exercises primary physical custody and the child maintains residency in Cumberland County, Mother may attempt to remove the child from the area. SAIDIS, FLOWER & LIlVDSAY ATRURhVF,AT-UW 26 West High Street Carlisle, PA p) Father desires primary physical custody of the child with Mother having periods of partial physical custody or visitation. 11 Petitioner has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. 12. 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. All other persons named below, who are meant to have or claim to have a right to custody or visitation of the child, will be given notice of the proceedings of this action and the right to intervene: None. 13. Petitioner does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. 14. Notice of the filing of this Petition has been provided to Respondent's counsel, Katie J. Maxwell, Esquire. 15. There is no Judge previously assigned to this matter. WHEREFORE, Petitioner requests your Honorable Court to enter an Order granting him primary physical custody of the child. Respectfully submitted, MarylbuAgAf4 , Esqui -- Attorney I. # 4919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff/Petitioner SA DIS, FLOWER & LINDSAY ATIUCNEYS.AT uw 26 West High Street Carlisle, PA ¦ JARED M. BAHR, Plaintiff v. ERIN J. WOOLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN CUSTODY VERIFICATION I, JARED M. BAHR, do not know or believe that the Order of Court, dated April 21, 2003, entered in the Court of Common Pleas of York County, Pennsylvania has not been modified subsequent to its entry. I believe that the certified Order attached hereto is the final Order for custody to which the parties are subject. DATE J M. SAIDIS, FLOWER & LENDSM 26 West High Street Carlisle, PA JARED M. BAHR, Plaintiff V. ERIN J. WOOLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-3794 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE SAMIS, FIONWR & LINDSAY ATFORNM-AT IAW 26 West High Street Carlisle, PA This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name & Address Katie J. Maxwell, Esquire 10 East High Street Carlisle, PA 17013 Means of Service Regular U. S. Mail Date of Service 71W07 Dated: 7/ 7166 I- AL 4-1 Ma as, Esqul Attorne 4919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff/Petitioner JARED M. BAHR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO V. . n ERIN J. WOOLEY, CIVIL ACTION - LAW _?- Defendant : IN CUSTODY co PRAECIPE TO REGISTER CUSTODY ORDER PURSUANT TO 23 PA.C.S.A. 45445 TO THE PROTHONOTARY: Kindly register the attached certified custody Order, dated April 21, 2003, entered in the Court of Common Pleas of York County, Pennsylvania, as an Order of the Court of Common Pleas of Cumberland County, Pennsylvania. A certified copy and one additional copy is attached for the Court's review. Plaintiff does not know or believe that the Order has been modified subsequent to its entry; Plaintiff believes that the certified Order attached hereto is the final Order for custody to which the parties are subject. SAIDIS, FLOWER & LINDSAY SAIDIS, LINDSAY ,1=PJ 'F,ATuw 26 West High Street Carlisle, PA Dated: &/5/Z) ? 11,,,01,,-A1,44 Mai atas, Eso Attorney-i .84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff EXHIBIT 1i -- 4 0 1 JARED M. BAHR, Plaintiff V. ERIN J. WOOLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN CUSTODY NOTICE TO: Erin Wooley 3416 Barclay Street Philadelphia, PA 19129 1. A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this Commonwealth. 2. A hearing to contest the validity of the registered determination must be requested within 20 days after service of notice; and, 3. Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted. SAIDIS, FLOWER & LINDSAY C Mary tas, Esq ' e- Attorne . #84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY AaTORNMAT IAW 26 West High Street Carlisle, PA JARED M. BAHR, Plaintiff V. ERIN J. WOOLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION - LAW IN CUSTODY VERIFICATION SAMIS, FLOWER & LINDSAY ATIORNEI&Ar uw 26 West High Street Carlisle, PA I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: J M. BA laintiff/Petitioner Apr 117 03 10:11a SEEM F' I M&PKG APR-1 ?-2tl07 09:22 C3A LAW FIRM JARED M. BAHR, Platatiff V. ERIN J. WOOLBY, Defesdan t 21.56731490 ,17 843 9839 IN THE COURT OF COMMON nXAS OF YOR11 COUNTY, PENNSYLVANIA N& 2M-SU-04928-03 Custody AGREEMENT AS TO CUSTODY OF THE PARTIES' MINOR 0= THIS AGREEkItNT is made the day of April, 24^3, by and 4etwc=: ERIN I WOOVY, hereinafter referred tD as the "Mother." and JARED M. BAHR, hereinafter referred to as the "Father." WHRREAS, the pities have given serious consideration to the future welfare of their unroor child, : ayior Wooky, born January 4, 2000, and hereby agree as follows- 1 j ral Ct.t tsJj. L--gal custody of tbt minor child shall be shared by dbe parties, Shared fetal cirstody tea- the right of both patents to share in making decisions of imponanea in the life of their child, iT !uding educational, medical and religious decisi(ns. Both parents shall be entitled to equal scenes to the child's sebool, medical and dental records. 2. Msiorfh ltrical Custody. Mother shall have majority physical cu sandy of the minor child 3. ftrtw .ate Cnst Wv. Fathc sh%U lu m: rights of patW p:ysical custody of the minor chi ldrcn a3 fo ll )ws A &name Year-Roared SeWvle. Over a f = week period, Father will have one weekend and a seven day block with. the chU The * ph. able exchanges vAll take place at follows: RF --I' '- I APR 1 ; 2003 P.02 P.2 0 v -n N W W :,; Apr 17 03 10:12a DEEM F-IMLPKG 2156734490 19.3 710 1343 9639 P.03 cpR-11- 2i'H7 09:22 G'f+ ,. W.+ F I Rn Weck 1: Mother will have ,Physical custody of the gild Sunday at 5:30 p m through Fnday it 7:30 p.m. Fad= will have physical custody of the child situ: 7 30 p.m. on Friday until Sunday at 5:30 p.tr,. Week 2: mother will have physical custody of the 'gild from 5:30 p.m. 0C Sunday through 5 30 p m the fallowing Sunday. Week 3: Mother will continue to have physical curtody of the child front Sunday at 5:30 p.m through Friday at 7:30 p.m. Father will have physical custody of the child at 7:30 p.m. on Friday of the third wexek acid continue his physical custody into the fourtz` wee si stated below. Week 4: Father will continue to he vc physical custody of the child alter his .eckcnd sex forth in Week 3 th -,ugh the following FTidzy at 7:30 p.m. Mother vvIl then have p?hystcal custody of the child starting at 7.30 p.m. on Fnday duough Sunday at 5:30 p_m when Mother's phyueal enstody shall continue dtoa& Wrk 1 as stated above. This four week rotation shall != contuxre to repeat cyery four weds. Thawlcsaviat• For the Thanksgiving holiday in 2004 and ali even numbered yera s r'xreafta, Father chaff have physical eagody of the minor t hAd from Watim-sday, the day before Thanksgiving, ti17 -30 pm until 1 iday, the day after Thanksgiving, at 7:30 pm. For the Thanksgiving holiday in 200? and aD odd numbered yeas thcreatter, Morita shall have t ,ystul custody of the minor catld from Wednesday, the dry before -,arks jpvm& at 7-10 p.m. until Friday, the day after Thanksgiving, at 10 p.m D C ;,rtstnm Mother shall', have physical custody of the child et+ery year ti 4z Deccmb= 23'" at 7:30 p.m. >mtil December 2e at 7:30 p.m Fad= shill hairs physical custody of the child every year from December 26+ at ?0 pan. through Decenber 30`? at 7:30 p in ]s ,kjrtaawer. Summer vacation u defined as the months f June., July and Acgur. or he scheduled school vacation once the chile: begins ki-xergar M F -bet shall be entitled to physical custody for thra additional weeks each s-nmer Tbeu weeks may mt be consecutive with each other, however, t' r y may be consecutive with weeks where Father wouA otherwise have tl.r chtki dunng the regular four week rotation set forth in paragraph 2.A. of this Agreement Father .riil advise Mother by February l" of each your of the weeks he .vWr es to select. For the year 2003, Father shall notify Mother within sever days of the date of this Agreernezlt. 1C `J Rpr 17 03 10:12a APF'-17-2903 09-22 f't:EM F 1 MLPKG ,C ;A LAU FIRM 21567n4490 710 143 9939 P.04 Mother may select up to two weeks for ha vacation err. th the child (one weep vacation) which may include the wtakcr:ds before sad 0=e the during u.hednled vacation. Mother's vacation may take place at any the year until Taylor enters kindergarten at which time MrAbCea vacation anut also take place during the schodulcd school snrnr:ier vacation. M,,othcr will give Father at least three weeks notice of any vacatioe the sc nedules. 4. N4llc-. ki the event Father is unable to exercise his partial Pbysicai cv31ody at any cvec of the afore"d tunes, he agrees to provide Mother with at least rmenty-four (24) hours advance net= 5 Trt&_Rpertatioo The ttansportation shall be shared by both parties. The meeting place for ft. custody exchange shall be the Uno's Restaurant at Exit 23 off the Permsylvmia turnpike. At all times, the child shall be secured in appropriate passenger restraints No persor uattspomng the child shaU consume or be under the influeneo of alcoholic bevrra g cs prior to trv-uporting the child. No person transporting the child shall be tinder the :afiacr c of any alc Dhobc beverages while transporting the child. 6 ±.,r &Sham In the event any party is more or snti cipates being U 20 minutes Lite for a sc Ztduled custody exchange, both parties shall snake every effort, including a phone call to the of -Cr patent. to notify them of saute. 7 e r ?bem Contact. Mother and Father shall permit t-eaeonable telephone contact between the child and the non{ustodiah parent during any timer, she is with the other g ],:tracarritalar Activities. Each party shall provide the other with at least fvtty- ergllrt (4a) ?tours advance notice of school or other activities whenever possible. Both patties snail agree to honor and puticipCe in the activities that the child wishes to engase m Dunn; the tuna that the parents have custody of the diild, tbey will make certain M:4 y y i RPr 17 03 1ot12a DEEM FINLPKG APR-1-2M3 ?? 22 CSr. ,Q&J c t0- 2 1 56'134490 P - 717 943 9839 P•05 L ,e the ch.k sacads wly ertractunculw acrrvrnes The pubes agree that they will be =pportive of t'.-.c aetrvesm and wi l tw-spor. the child to and from such suivities and the prepay droll std Fraca« for the sAritac: that are schedul, d an sucb tune to that the child is ible to pdmciQate in t rise evenu tie nhe pwaj however. stun sng up the child for arty activity nnim the child definitely desa.-rs to attend that acs:voy Both parties agree that they shaft discuss which activities tt:t child psrvapatn ,n Ia the crcttt t2,.t the enstodsu part u %mabk to d!;vcr the child to he Particular activity, the parent wt o has custody of the chid at thst time sbbU notify the non-custodial parent, who shall be enwJcd to pick up and dcb%-er the child to the designated activity. The custodial parent shad; make cestatn that the child is ready for pickup in time riff'iciec: to enable the child to timely attend the activ"y. 9 C0nt+ati2. The panics shit ronsuh with each other as often as may be neccsswy regarding tr . sus pertarnmg to the child, which shall include the following: A , em . The p:r yes shall lave the following equal n -;ht; with tzspect to 1e child: rcasonablc telephone calling Pnrivilcgci; sccesx to report cards and other relevant information concerning the progreu of the child in ,chool. Each party, span immediately testify the other by tckphono, if ,ouibk, of any ill-wss or other ernergency that may arse while the h,ldren am in her or )us Custody. B. i?t;tr m Csafer. On 311 rna±ters of importance rclating to the child's healthy, odueatron and welfare:, the parties shall have the duty to confer with each other, with a view to adopting a harmoricus policy calculated to promoting the child's heat interests. This duty shall include the requirement that the parties advise and discuss with each other all Important events in the child's life, including by way of example, but not hmited to. school meetings, travel plans, modical condition, education progress and plans, surmner crop arrangements, extracurricular activities, vacation plans, etc. a "'G? X515 Ftpr 17 03 10: 1 2a SEEM F I HLPKG 2.1567J4490 717 B43 9039 P.06 FpR-17-2003 09:22 CGA LqW FIRM C. l?, l?s{_ Emcrg=r-v decisions regoding the child sha!1 be made by the p uent then having custody. Ho•vever, in the evehaoaybo e or the venous illness of the child at any lithe, any parry the child shall immediately comrnunmcateWith tha other p (? b1? ?cor u1 i other means practical, informing putt' W.less or emergency, r o time o&xx parent can become involved in time decision milting process as soon as practical. he terra "serious illness" as used herein shall mean any disability which requires the child to seek a physician's care. 10. Poem z Relationships. Each of the parties, and any third panty in the presence of the child, shall take ali measures deemed advisable to fostct a feeling of affection between the child and the other pa.-ty and nciliticr will do anything which may estrange the c}aid from the other party or nmpair the child's high regard for the other patty The parties agree to conduct themselves in a civil rr.anner in the presence of the child and to not allow their differences to affect the child's relatw mship with either of the parents. 11. 6Veifw c of Child. The welfare and convenic'net of the child shall be the prime consideration of the p•ir'ies in any application of the provisions of this Agreement l 2 a ition of Agreement. The parties are free to modify the terms of this Agreement if both parties arc in complete agreement to any new terms. Tint mesas both parties must consent an what 'he new terms of the custody arrangement or schedule shall be. p.6 13. Order of Court. This Agreement shall be entered as an Ot der of the Court. EN WITNES,', WHEREOF, the paniez hereto cot their hands to tints Agreement on the date above-mentione' Witness 1 ?J//• G?--- Enn'J. ` ooley, other Q Jared M. Bahr, Father 1, , rar, 570529 y/i7p? TOTAL P.06 UJ SP5 - Track & Uontirm UNI TED STMES OST& SERVIC& rage i or i Home I Help I Sian In Track & Confirm FAQs TraGk Confirm Search Results Label/Receipt Number: 70041350 0003 7286 2453 Service(s): Certified Mail" Status: Delivered Your item was delivered at 9:20 AM on June 16, 2009 in PHILADELPHIA, PA 19129. Detailed Results: • Delivered, June 16, 2009,9:20 am, PHILADELPHIA, PA 19129 • Arrival at Unit, June 13, 2009, 7:47 am, PHILADELPHIA, PA 19129 Notification Options Track & Confirm Enter Label/Receipt Number. Gn. Track & Confirm by email et current event information or updates for your item sent to you or others by email. Go > Site ham) Customer Service Forms Gov't Services careers Privacy Policy Terms of Use Business Customer C,at wav CopyrighKa 2009 LISPS. All Rights Reserved, No FEAR Act EEO Data FOIA i 11) 1 EXHIBIT a a 3 http : //trkcnfrm 1. smi. usps. com/PTSInternet Web/ 6/16/2009 CF ?HI_ 2999 JUL -7 PM 3: 2 7 7,9 ,tad "el, aif, Ali* JARED M. BAHR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-3794 CIVIL ACTION LAW ERIN J. WOOLEY IN CUSTODY DEFENDANT ORDER OF COURT Thursday, July 09, 2009 upon consideration of the attached Complaint, AND NOW, line is hereby directed that parties and their respective counsel appear before JacqueM. Verney, Esq. the conciliator, Thursday, August 06, 2009 at 8:30 AM at 4th Floor, Cumberland County Courthouse, Carlisle on - -- 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, Is/ Jacqueline M Verney Es4 By: 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 cand ontactonable c comlmodationments available to disabled individuals having business before the court, please 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 CAN ONE, GET GOT O OR TELEPHONE THE OFFICE SET HAVE AN ATTORNEY OR CANNOT AFFORD FORTH BELOW TO FIND OUT WHERE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILH J I Tlqz ?D 9J4- 10 F'112: AUG 0 7 2009y, JARED M. BAHR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2009-3794 CIVIL ACTION -LAW ERIN J. WOOLEY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~`~ day of _ , 2009, upon consideration of the attached Custody Conciliati Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court om No. J~ , of the Cumberland County Court House, on the 1~-day of _, 2009, at ~~D o'clock, -A . M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Father, Jared M. Bahr and the Mother, Erin J. Wooley, shall have shared legal custody of Taylor Wooley, born January 4, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Father shall have primary physical custody of the child. Mother shall have the following periods of partial physical custody: A. August 6, 2009 to August 16, 2009 at 5:00 p.m. In the event that the child has a soccer tryout during this period of time, Father shall give Mother as much advance notice as possible as to the time and place of the tryout. Mother shall make the child available for the tryout. B. September 4, 2009 at 7:00 p.m. to September 7, 2009 at 5:00 p.m.; September 25, 2009 at 7:00 p.m. to September 27 at 5:00 p.m.; October 9, 2009 at 7:00 p.m. to October 12, 2009 at 5:00 p.m.; October 30, 2009 at 7:00 p.m. to November 1, 2009 at 5:00 p.m.; November 18, 2009 at 7:00 p.m. to November 22, 2009 at 5:00 p.m. In the event that the child has a soccer game on any of the above weekends on Saturday, then Mother's period of physical custody shall begin on Saturday after the soccer game. 6. Transportation shall be shared such that the parties shall meet at Exit 286 (Lancaster/Reading) of the Pennsylvania Turnpike unless a transfer is on a Saturday at a soccer game, in which case, Mother shall pick up the child at soccer and Father will retrieve the child from Mother's residence in Philadelphia. 7. The parties shall have liberal telephone contact. At the least, Mother shall initiate calls every Monday, Wednesday and Friday, (except when she is obtaining physical custody) at 8:00 p.m. Phone calls should not exceed 20 minutes. 8. No party shall smoke in any part of a confined area with the child present and neither party shall permit another person to smoke in any part of a confined area with the child present. No party shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the child, and not party shall be under the influence of illegal substances when in the presence of the child. 9. 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. c lou Matas, Esquire, counsel for Father atie J. Maxwell, Esquire, counsel for MotheryA \\ _ _\ ~l~ o~~ JARED M. BAHR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2009-3794 CIVIL ACTION -LAW ERIN J. WOOLEY, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 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 BIRTH CURRENTLY IN CUSTODY OF Taylor Wooley January 4, 2000 Father 2. A Conciliation Conference was held August 6, 2009 with the following individuals in attendance: The Father, Jared M. Bahr, with his counsel, Marylou Matas, Esquire, and the Mother, Erin J. Wooley, with her counsel, Katie J. Maxwell, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody, with Mother having every third weekend, shared or alternated holidays and three weeks in the summer. Father asserts that he has had primary physical custody of the child since 2004, that the child is stable in his home, she has attended the same school for 5 years. He maintains that Mother has had little contact with the child. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody. Mother maintains that she has pursued her MBA in the preceding years and now has stable housing and a new job. She asserts that Father's girlfriend hit the child and Children & Youth investigated the matter. 5. The Conciliator recommends an Order in the farm as attached scheduling a Hearing and ordering shared legal custody, Father having primary physical custody, with Mother having physical custody for the next ten days and several weekends until the hearing is scheduled. It is expected that the hearing will require one day. Date ~acq line M. Verney, Esquire Custody Conciliator ~~{CE t~ THc pRO~`F!~lOTAAY ~QQ4 AUG 13 QM i 1 ~ ~ f JARED M. BAHR, IN THE COURT OF COMMON PLEAS Respondent :CUMBERLAND COUNTY, PENNSYLVANIA c-~ e ,.,, r~ o ~ vs. NO. 2009-3794 Civil Term ~ ~ ~ ~~ q~ ERIN WOOLEY, :CIVIL ACTION -LAW = ° ` ~' ~ -r, z -~'`~ Petitioner IN CUSTODY TM A ~ ~ ---r -.. ~. .~ PETITION FOR MODIFICATION OF CUSTODY "~ AND NOW COMES, Erin Wooley, by and through her attorney, Thomas M. Clark, Esquire, of Colgan Mazzzacco, LLC, and files the instant Petition for Modification of Custody, and in support thereof, avers as follows: 1. The Petitioner is Erin Wooley, who currently resides at 3416 Barclay Drive, Philadelphia, Philadelphia County, Pennsylvania 19129. 2. The Respondent is Jared M. Bahr, who currently resides at 192 Faith Circle, Cazlisle, Cumberland County, Pennsylvania 17013. 3. Petitioner seeks shared legal custody and primary physical custody of the following child: Taylor J. Wooley, born on January 4, 2000. The child was born out of wedlock. 4. The mother of the child is Erin Wooley, who currently resides at 3416 Bazclay Drive, Philadelphia, Philadelphia County, Pennsylvania 19129. 5. The father of the child is Jared M. Bahr, who currently resides at 192 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013. 6. The relationship of Petitioner to the child is that of Mother. ~70.0o Po ~ C~ 'Vd9'~/ ~~ a~J9 a~3 7. The relationship of Respondent to the child is that of Father. 8. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. On February 12, 2010, This Honorable Court issued an Order (Attached hereto as Exhibit "A ") providing that the parties have shared legal custody and that Respondent has primary physical custody of the minor child. 9. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting Petitioner shared legal custody and primary physical custody of the child. 11. 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. WHEREFORE, Petitioner respectfully requests This Honorable Court to awazd her shared legal custody and primary physical custody of the minor child. Respectfully Submitted, COLGAN MARZZACCO, LLC By ?~ ~~- Tho ,Esquire Attorney ID #85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717} 502-5000 Fax: (717) 502-5050 Dated: ~~~~~~~ VERIFICATION I, Erin Wooley, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. §4904, relating to unsworn falsification to authorities. Date: l0 3' ~Ol0 _ ~,~ l-1C Erin Wooley Defendant JARED M. BAHR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-3794 CIVIL ACTION LAW ERIN WOOLEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, October 08, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 11, 2010 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/ Jacqueline M. Verney, Esq. 10 Custody Conciliator IF 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' /© ,! { v ?D_ / 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 t5 y Ila ~~,. FiLED`Q~~i~~ 0~ 7N~ PROTNOPlO~ARY 20t0 4CT 18 p!~ 2~ 33 CU PEldN YLVAR~d1A TY SPACE ABOVE THIS LINE FOR FILING INFORMATION Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff C~comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JARED M. BAHR, Plaintiff N0. 2009-3794 CIVIL TERM V. CIVIL ACTION -LAW ERIN WOOLEY, IN CUSTODY Defendant ACCEPTANCE OF SERVICE I, Diane G. Radcliff, Esquire, attorney for the Plaintiff, hereby accept service of the Petition for Modification of Custody filed by the Defendant in the above captioned matter on October 6, 2010. I certify that I am authorized to accept service on behalf of the Plaintiff . Date: October 15, 2010 FILED-OFFiCE QF THE PROTNOMOTARY ~a~o ocT i ~ t~i~ 2= ~3 Ct1MBERLANO COUNTY .PENNSYLVANIA SPACE ABOVE THIS LINE FOR FILING INFORMATION Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff C~comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JARED M. BAHR, Plaintiff N0. 2009-3794 CIVIL TERM V. ERIN WOOLEY, Defendant CIVIL ACTION -LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE OF LEGAL COUNSEL To the Prothonotary: Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Plaintiff, Jared M. Bahr. Papers may be served at the address set forth below: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 DCLIFF, IRE Date: October 15, 2010 a JARED M. BAHR, Plaintiff/Respondent VS. ERIN WOOLEY, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-3794 Civil Term CIVIL ACTION - LAW IN CUSTODY J `._.. - PETITION TO COMPEL PLAINTIFF/FATHER ` TO PARTICIPATE IN CUSTODY EVALUATION r' AND NOW, comes Erin Wooley, by and through her attorney, Thomas M. Clark, Esquire of Colgan Marzzacco, LLC, and files the instant Petition to Compel Plaintiff/Father to Participate in Custody Evaluation and in support thereof, avers as follows: 1. The Petitioner is Erin Wooley ("Mother"), who currently resides at 3416 Barclay Drive, Philadelphia, Philadelphia County, Pennsylvania 19129. 2. The Respondent is Jared M. Bahr ("Father"), who currently resides at 192 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Parties are the parents of one (1) minor child: Taylor J. Wooley, born on January 4, 2000. 4. On October 6, 2010, Mother filed a Petition for Modification of Custody in the above- captioned matter. 5. On November 18, 2010, the Parties appeared at a Conciliation Conference before Conciliator, Jacqueline M. Verney. 6. The Parties were not able to resolve their custody issues at the Conciliation Conference. 7. In accordance with Rule 1915.8 of the Pennsylvania Rules of Civil Procedure, Mother is requesting a Custody Evaluation in the above-captioned matter. 8. Mother is willing to bare the full burden of the cost of the Custody Evaluation. 9. Following the completion of the Custody Evaluation, Mother would like the Court to consider allocating some of the costs of the Custody Evaluation to Father. 10. The Custody Evaluation will be performed by Dr. Arnold Shienvold, Ph.D. 11. Dr. Arnold Shienvold's office is located at 2151 Linglestown Road, Suite 200, Harrisburg, Pennsylvania 17110 (Phone Number: 717-540-1313 and Fax Number: 717-540-3033). 12. By email dated November 16, 2010, Mother requested Father's participation in the Custody Evaluation (A copy of the letters are attached hereto as Exhibit "A'). 13. In order to begin the evaluation, Father would need to contact Dr. Arnold Shienvold's office in order to set up an appointment. 14. Mother believes and therefore avers that there are issues in the case that require the assistance of a Custody Evaluator. 15. Some of Mother's issues are as follows: a) Mother has concerns for the safety of the child while in Father's care. b) Father willfully impedes the legal custody rights of Mother. C) Father tries to prevent Mother from having contact with the child while the child is in Father's care. C) Father repeatedly uses the child as medium for communication. d) Due to issues in Father's home and Father's treatment of the child, the child would prefer to spend the majority of time in Mother's care. e) If necessary, at the time of a Hearing Mother would be able to testify to different incidents which would support the fact that the best interests of the child will be served by the parties participating in a Custody Evaluation. 16. A custody evaluation will provide the Court with unbiased information about the parties as well as specific recommendations regarding the best custodial arrangement. 17. In determining what is in the best interests of the child, the Custody Evaluator will look at the overall physical and mental health of the parties and the individual goals and objectives of each parent and the child. 18. The Custody Evaluation will likely include skilled clinical interviews and history-taking, objective measures of personality and parenting characteristics, and some collateral checking. 19. It is believed that the Custody Evaluator will be able to arrive at a fairly clear impression of the family dynamics, the needs and wishes of the child, and the strengths and weaknesses of each parent in meeting the needs of the child. 20. The instant custody matter was previously assigned to the Honorable M. L. Ebert, Jr. 21. Father's Counsel has stated that father does not concur with Mother's request for a Custody Evaluation. WHEREFORE, Mother respectfully requests This Honorable Court enter an Order compelling Father to participate in the Custody Evaluation and requiring him to immediately schedule an appointment with Dr. Arnold Shienvold, Ph.D. LLC 8 n Dated: #/1 Thomas M. Clark, Esquire Attorney I.D. #85211 130 West Church Street Dillsburg, PA 17019 (717) 502-5000 EXKIBIT A Thomas Clark From: Diane Radcliff [dianeraddiff@comcast.net] Sent: Tuesday, November 16, 2010 10:55 AM To: Thomas Clark Subject: RE: Bahr v. Wooley Follow Up Flag: Follow up Flag Status: Completed Tom: Jared would like to keep the parties daughter out of this case as much as possible. She already has a counselor who I belive would say that she is happy and well adjusted where she is. Erin is merely trying to stir up trouble by making things more difficult than they need be or by making unfounded accusations. I cannot counsel Jared to be a part of her chaos and upheaval when there is little to no chance that she will be successful in her bid for custody. An evaluation is simply not necessary under these circumstances. By the way, where is your client going to come up with the $6,500 it will cost for an evaluation? I know she might be able to get it as low as $3,500 with Deb Salem, but I question if she even has that much since she did not have enough money for gas to bring Taylor back to her last soccer game. While I have great admiration for ms. Salem, I do recognize she is not a psychologist. I recently saw an opinion in which Judge Ebert pointed out her lack of credentials and in essence ignored her recommendation. If the Judge Ebert says that he wants an evaluation we will of course cooperate. Until such a court order is entered I will not have Jared agree to one. Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 E-Mail: dianeradcliffft omcast.net NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, the attorney client privilege and attorney work product. This E-mail (including attachments) is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error; then delete it. Thank you. ------Original Message From: Thomas Clark Date: 11/16/2010 8:18:40 AM To: Diane Radcliff Subject: RE: Bahr v. Wooley Re: Rohr v. Wfoofey Diane, I wanted to follow-up with you on our request for a Custody Evaluation in the above-captioned matter. Would Mr. Bahr reconsider -- and willingly participate in an Evaluation? I look forward to hearing from you regarding this matter. Tom Clark Tom Clark COLGfAN MARZZACCO, LLC The nalorlal coeNNMd in We mussip Is prI'd god and oaNldwdial. N you are not Wa kdw ded rScipio ON nobly our drip bmwdabMy by mew. am o or by ee" IIN above lblod nwnbor. FREE Animations for ]lour email - by IncredlMaill VERIFICATION I, Erin Wooley, verify that the statements made in this Petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. §4904, relating to unsworn falsification to authorities. Date: <<U gxx-'A?4? Erin Wooley JARED M. BAHR, Plaintiff/Respondent VS. ERIN WOOLEY, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-3794 Civil Term CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by first class mail and facsimile, as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, Pa 17011 Counsel for Plaintiff COL 4AN' ZACC O,LLC Date: !1 i& id by: Thomas M. Clark, Esquire Attorney for Defendant Attorney I.D. #85211 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 502-5000 4 JARED M. BAHR, Plaintiff/Respondent VS. ERIN WOOLEY, Defendant/Petitioner Nov iszoio ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-3794 Civil Term CIVIL ACTION -LAW IN CUSTODY RULE TO SHOW CAUSE AND NOW, this r day of November, 2010, the Respondent is granted 113 days to show cause as to why Defendant's Petition to Compel Plaintiff/Father to Participate in Custody Evaluation should not be granted. BY THE COURT: bution: mDias M. Clark, Esquire, 130 W. Church Street, Dillsburg, PA 17019 lane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 `_p L "Es /Ytz t LL 0 =t s ?QD o ::j p Z Z; c.? am -? rv z? a Nov 1926i, JARED M. BAHR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-3794 CIVIL ACTION - LAW ERIN J. WOOLEY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of '-A 6 M?Qy- 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. 02- , of the Cumberland County Court House, on the 1:3 day of , 201L, at q,op o'clock, A. M., at which time testimony will taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated February 12, 2010 shall remain in full force and effect. 3. 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, V A ?, -k ?, . - M. L. Ebe , Jr. , . c p a M C m = xao e i- -Vm cc: Thomas M. Clark, Esquire, counsel for Mother ?z CO --+o /Diane G. Radcliff, Esquire, counsel for Father *;C7 =-n es ,Ha, V?/60 =Ca 5:= = ., an ..ern ,rte -? -C Z J JARED M. BAHR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-3794 CIVIL ACTION - LAW ERIN J. WOOLEY, Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 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 BIRTH CURRENTLY IN CUSTODY OF Taylor J. Wooley January 4, 2000 Father 2. A Conciliation Conference was held November 18, 2010 with the following individuals in attendance: The Mother, Erin J. Wooley, with her counsel, Thomas M. Clark, Esquire and the Father, Jared M. Bahr, with his counsel, Diane G. Radcliff, Esquire. 3. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody, with Father having alternating weekends and the summer. Mother asserts that the environment in Father's home is stressful; that Father and his girlfriend fight in front of the child. Mother has made reports to Children & Youth concerning lack of medical care of the child. Mother seeks a custody evaluation. Mother also reports that there is no communication between the parents. . 4. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody with Mother having time pursuant to the current custody order, except that he seeks two extra weeks in the summer so that he may take the child on vacation to his family's home in Michigan. He is willing to give up the week immediately after school ends to receive the two weeks. Father also would like the order to require Mother to transport the child to her extracurricular activities on her weekends and in the summer. Father does not believe a custody evaluation is necessary and does not want to put the child through it. Father maintains that this Petition for Modification was filed because of a large support order that was recently entered against Mother. Father asserts that the child has stomach aches due to the friction between the parents over the custody situation. The child is in counseling. Children & Youth previously investigated reports of child neglect against Father which were unfounded. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the hearing will require one day. I-iF-16 ? VL,---? Date acq ine M. Verney, Esquire Custody Conciliator ?? Cj- C t.o (Z)!?! Pleading Description: Answer to Defendant's Petition for Custody Evaluation Prepared and Submitted by: Diane G. Radcliff, Esquire, Attorney for Plaintiff Previously Assigned Judge: The Honorable M. L. Ebert Appearance For Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliff@comcast.net • Phone: 717-737-0100 • Fax: 717-975-0697 Appearance For Defendant: Thomas J. Clark, Esquire, 130 W. Church Street, Suite 100, Dillsburg, PA 17109 Email: tclark@cmlaw1.com • Phone: 502-5000 • Fax: 502-5050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JARED M. BAHR, . Plaintiff V. ERIN WOOLEY, . Defendant NO. 2009-3794 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ANSWER TO DEFENDANT'S PETITION TO COMPEL PLAINTIFF/FATHER TO PARTICIPATE IN CUSTODY EVALUATION AS REQUIRED BY RULE ENTERED ON NOVEMBER 19, 2010 AND NOW, this k3j?4' day of December, 2010, comes the Plaintiff, Jared M. Bahr, by his attorney, Diane G. Radcliff, Esquire, and files this Answer to Defendant's Petition to Compel Plaintiff /Father to Participate in Custody Evaluation as follows: 1. ADMITTED. It is admitted that the Petitioner is Erin Wooley ("Mother"), who currently resides at 3416 Barclay Drive, Philadelphia, Philadelphia County, Pennsylvaia 19129. 2. ADMITTED. It is admitted that the Respondent is Jared M. Bahr ("Father") who currently resides at 192 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013. 3. ADMITTED. It is admitted that the parties are parents of one (1) minor child: Taylor J. Wooley, born on January 4, 2000. - 1 - 4. ADMITTED. It is admitted that on or about October 6, 2010 Mother filed a Petition for Modification of Custody in the above captioned matter. 5. ADMITTED. It is admitted that on November 18, 2010, the parties appeared at a Conciliation Conference before the Conciliator, Jacqueline M. Verney, Esquire. 6. ADMITTED. It is admitted that the parties were not able to resolve their custody issues at the Conciliation Conference. 7. ADMITTED. It is admitted that Mother is requesting a custody evaluation in accordance with Rule 1915.8. 8. ADMITTED. It is admitted that Mother has stated that she is willing to bare the full burden of the custody evaluation. 9. ADMITTED. It is admitted that Mother would like the Court to consider allocating some of the costs to Father. 10. DENIED. Father is without knowledge or information as to the truth or falsity of the averment set forth in Paragraph 9 of Mother's Petition, and said averment is, therefore, denied. Defendant demands proof thereof at the trial of this case. 11. ADMITTED. It is admitted that Dr. Arnold Shienvold's office is located at 2151 Lingelstown Road, Suite 200 Harrisburg, PA 17110 (Phone Number 717540-1313; Fax Number 717-540-3033). 12. ADMITTED. It is admitted that by email dated November 16, 2010, mother requested Father's participation in the Custody Evaluation, (A copy of the letters are attached to Mother's petition as Exhibit "A"). By way of further Answer it is averred that by email dated November 16, 2010, a copy of which is included as part of the said Exhibit "A", Father's attorney advised Mother's attorney that he did not consent to the evaluation because: a. Father wanted to keep the Child out of the custody case as much as possible; b. The Child already had a counselor who could testify about the daughter; C. Mother was trying to stir up problems by making unfounded allegations; d. An evaluation is not necessary under the circumstances of this case; e. Mother does not have the money to pay the estimated $6,500 in estimated costs of an evaluation. -2- 13. ADMITTED. It is admitted that in order to begin the evaluation Father would need to contact Dr. Shienvold's office in order to set up an appointment. 14. ADMITTED. It is admitted that Mother believes that the issues in this case require the assistance of a custody evaluator. By way of further Answer, Father believes that a custody evaluation should not be ordered for the reasons set forth in Father's New Matter set forth herein and incorporated by referenced hereto. 15. ADMITTED. It is admitted that Mother has claimed that the following are her issues in this case: a. Mother has concerns for the safety of the child while in Father's care. b. Father willingly impedes the legal custody rights of Mother. C. Father tries to prevent Mother from having contact with the child while the child is in Father's care. d. Due to issues in Father's home and Father's treatment of the child, the child would prefer to spend the majority of time in Mother's care. e. If necessary, at the time of a Hearing Mother would be able to testify to different incidents which would support the fact that the best interests of the child will be served by the parties participating in a Custody Evaluation. By way of further Answer it is denied that those issues exist. Additionally, Father incorporates by reference the averments set forth in his New Matter herein. 16. ADMITTED. It is admitted that a custody evaluation would provide the Court with unbiased information about the parties as well as specific recommendations regarding the best custodial arrangements. 17. DENIED. Defendant is without knowledge or information as to the truth or falsity of the averment set forth in Paragraph 17 of Mother's Petition, and said averment is, therefore, denied. Defendant demands proof thereof at the trial of this case, if relevant. 18. DENIED. Defendant is without knowledge or information as to the truth or falsity of the averment set forth in Paragraph 18 of Mother's Petition, and said averment is, therefore, denied. Defendant demands proof thereof at the trial of this case, if relevant. 19. DENIED. Defendant is without knowledge or information as to the truth or falsity of the averment set forth in Paragraph 19 of Mother's Petition, and said averment is, therefore, denied. Defendant demands proof thereof at the trial of this case, if relevant. 20. ADMITTED. It is admitted that this custody case was previously assigned to the Honorable M.L. Ebert, Jr. - 3 - 21. ADMITTED. It is admitted that father's counsel stated that she does not concur with Mother's request for a custody evaluation. NEW MATTER 22. Father incorporates by referenced his Answers to Mother's Petition set forth in paragraphs 1-21 set forth above, the same as if fully set forth herein at length. 23. The Child, now age 10, has lived with Father since age 5. 24. Until the latter part of 2009, Mother had little involvement with the Child, her priorities being such that her schooling and employment were more important than the Child. 25. Father believes that Mother filed this request for a custody evaluation and custody modification in order to avoid or lessen her child support obligation and avers that: a. From the date Father obtained primary custody of the Child in 2005 until July, 2010, Father totally supported the child without any financial assistance or offer of financial assistance from Mother even though for several years she has earned two to three times the income of Father. b. This action was not filed, nor did she consult with an attorney to file, prior to her learning of Father's filing of a child support action. 26. Father believes that participation in a custody evaluation will cause additional stress to the child which should be avoided, and as a result avers that: a. Since Mother started exercising her partial custody rights on a more regular basis, Mother has been engaging in inappropriate behavior regarding the child and the parties' custodial arrangements. b. Mother has engaged in communication with the Child designed to undermine and adversely affect the relationship between Father and the Child and to encourage her to engage in inappropriate behavior, both at home and at school. C. Mother has told the child that she is going to be living with her. d. As a result of Mother's behavior, the Child has been made to feel that she is in the middle of the parties' disagreements, and has suffered from stress and anxiety, which has been manifested in part by reoccurring stomach aches and intestinal upsets. e. Despite the fact that Father sought medical and psychological treatment for the -4- Child's stress, which treatment was not continued by Mother during the summer of 2010, Mother reported Father to Children and Youth and falsely stated that the Child's stomach aches were due to stress caused by physical, emotional and verbal abuse. f. Mother instigates and starts arguments with Father about custody matters in front of the Child, thereby causing the Child further stress. g. Mother continues to take unreasonable positions in custody matters despite Father's attempts to cooperate and make their custodial arrangements easier for both parties. h. A custody evaluation will require the participation of the Child and will necessarily put her further in the middle of the parties' disputes. i. Father would like to keep the Child out of the custody case as much as possible. j. The Child already had a counselor who could testify about the daughter if testimony about her condition or adjustment is required. 27. Mother does not have the estimated $6,500 to complete the custody evaluation and as a result the custody evaluation should not be ordered because: a. Mother refused to contribute to the Child's Catholic school costs at the school she had attended since kindergarten until required to by court order, albeit based on an agreement which provided her with a substantial reduction in the otherwise guideline support amount. b. Mother informed Father that she cannot afford to pay the required child support and remain living where she is. C. Mother informed Father that she cannot afford to pay for the gas necessary to transport the child to Carlisle so that she can participate in her regular sporting events and when he could not afford to assist her financially, she asked his parents for the money. d. The custody evaluation report will not be issued until all of the necessary fees are paid. If mother does not pay the necessary fees, father will have been inconvenienced and the Child will unnecessarily be involved in the custody evaluation and subjected to additional stress and anxiety for no good reason. e. Because of the attorneys fees Father was forced to incur in the child support action held in Philadelphia, PA as the result of Mother's refusal to contribute to the Catholic school costs at the school she had attended since kindergarten, Father is without sufficient funds to contributed to the cost of a custody - 5 - evaluation. 28. There is no automatic right to a custody evaluation in a custody case: a. On the contrary such a determination is clearly discretionary as Pa. R. C. P.1915.8 provides: "The court may order the child(ren) and/or any party to submit to and fully participate in an evaluation by an appropriate expert or experts." Pa.r.c.p. 1915.8 (emphasis added). See Jordan v. Jackson, 2005 pa. super. 2008, 76 a.2d 443 (2005), and b.k. v. j.k., 2003 pa.super 179, 823 a.2d 987 (2003). b. In Mother's petition for custody evaluation, no basis or need for the evaluation was alleged. As stated in john m. v. pau(a t., 377 pa.super. 72, 546 a.2d 1162 (pa.super.,1988), to show good cause for the court to order a party to submit to physical or mental examination by physician, the condition as to which examination is sought must genuinely be in controversy and it must appear that the examination will substantially aid in resolving the dispute. C. In light of father's long standing primary custody and his status as the primary nurturing parent, there is simply no basis nor need for a custody evaluation. Wherefore Father requests this Honorable Court to enter an Order: A. Denying Mother's request for a custody evaluation; 6. In the alternative, if an evaluation is to be permitted, (1) Requiring mother to deposit the entire estimated amount with Dr. Shienvold within 30 day of the date of the Order to guaranty that the evaluation will be completed in a timely fashion; (2) Denying Mother's request for contribution from Father towards the evaluation costs. Respectfully Submitted, 3448 Trindl Email: than Phone: J7 Counsel for Dated: tration No 321121 ad, Camp Hill PA 17011 cliff comcasl':. net T01 010 - ax: ) 975-0697 ntiff Respondent 3 f I () -6- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. J D M. SAHR Date: /Zr1-ZO16 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: TI? e DillsburgeP? 7019 (Counsel for Defendant/ Petitioner) 12) Fax: 1(7*).W 0697?v Attorney for Plaintif /Respondent Dated: '2- 1 3 t' 7- 0 JARED M. BAHR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2009-3794 Civil Term ERIN WOOLEY, CIVIL ACTION -LAW Defendant IN CUSTODY c-? C) 0 4 ? c rrn WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as at the above-captioned docket. Dated: ov c -n w --4M the Defendant, ERIN WJO Y,> ted by: Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 PLEASE enter my appearance as Pro Se at the above-captioned docket. Respectfu y miffed by- Erin Woo ey 3416 Barclay Drive Philadelphia, PA 19129 Phone: (267) 885-4029 Dated: 1JA011 No. 2009-3794 Civil Term HARTMAN UNDERHILL & BRUBAKER LLP ORIGI?IAL By : Mark E. Lovett, Esquire Attorney ID No. 41071 221 East Chestnut Street Attorneys for: Lancaster, PA 17602 Capital Area Intermediate Unit (717) 299-7254(phone)/(717) 299-3160 (fax) and Jennifer Foster JARED M. BAHR, IN THE COURT OF COMMON PL@kSOF 271 Plaintiff UM CUMBERLAND COUNTY, -.aj = -0. ---f PENNSYLVANIA M ? r- v CIVIL ACTION - LAWS ERIN WOOLEY, Ma Cl-n ` Defendant NO. 2009-3794 °r MOTION OF THE CAPITA L AREA INTERMEDIATE UNIT AND JENNIFER FOSTER TO QUASH DEFENDANT'S SUBPOENA Jennifer Foster (Ms. Foster) is employed with the Capital Area Intermediate Unit (CAIU) as a guidance counselor. As part of her duties, she counseled the minor child of the parties, Taylor J. Wooley during the school year 2008-2009. 2. In the latter part of March, 2011, the Defendant served upon Ms. Foster a subpoena to appear and testify on her behalf at a hearing scheduled for Wednesday, April 13, 2011, at 9:00 a.m., in Courtroom No. 2. A copy of the subpoena is attached to and made a part of this Motion to Quash as Exhibit A. 3. It is anticipated that the Defendant wishes to question Ms. Foster about her interaction with Taylor in counseling sessions. She also is requesting documentation related thereto. {00616829.1 } No. 2009-3794 Civil Term 4. It is the policy of CAIU teachers, professional staff and administrators not to become witnesses in third-party litigation because of the disruption, inconvenience and hardship it causes to the CAIU, its teachers, professional staff, administrators and students and because of the burden and expense imposed upon the taxpayers. 5. Unfortunately, because of their interaction with their students, CAIU's teachers, professional staff and administrators are all too frequently subpoenaed to testify in a variety of matters that do not directly involve the CAIU or its personnel, such as this custody matter. 6. The CAIU's teachers', professional staffs' and administrators' interaction with their students and the students' parents should not result in them having to bear the additional burden of being compelled to testify in third-party litigation in which they have no interest, such as this custody dispute which involves adversarial parents. 7. Compelling a counselor to testify in an adversarial proceeding risks undermining her neutrality and authority and can seriously and irreparably harm her relationship of trust with the student. 8. The prospect of being compelled to testify in an adversarial proceeding will have a chilling affect upon the teaching and professional staff of the CAIU. 9. Ms. Foster does not want to testify. Importantly, her testimony should not be compelled because: (a) She has had no interaction with the minor child since Spring, 2009. (00616829.1) No. 2009-3794 Civil Term All custody matters related to the minor child for that time period were already decided by the Court's order of February 12, 2010. The time period since then does not include any contact by Jennifer Foster; (b) Pursuant to 42 Pa. Cons. Stat. §5945(a), guidance counselors may not be compelled to testify to confidential communications received from a student without the consent of the parents or guardians. In this case, Ms. Foster does not have the consent of both parents, and specifically, the father does not consent; (c) The testimony sought by the Defendant from Ms. Foster constitutes expert testimony. Pennsylvania law prohibits a party in civil litigation from compelling an expert to testify against her will. See Jistari v. Nappi, 378 Pa. Super. 563, 549 A.2d 210 (1988), citing, Pennsylvania Co. for Insurance on Live and Granting Annuities v. City of Philadelphia, 262 Pa. 439, 105 A. 630 (1918); and Cold Metal Process Co. v. United Engineering & Foundry Co., 83 F. Supp. 914 (W.D. Pa. 1938); and (d) It is not appropriate for a litigant to ask taxpayers to provide expert testimony through a school guidance counselor, even more so when the child has a private counselor outside the school system. 10. Because the testimony sought (a) is neither relevant nor timely; (b) is privileged; (c) constitutes an expert opinion; and (d) would be provided by others, the Subpoena should be quashed. (00616829.1) No. 2009-3794 Civil Term WHEREFORE, the Capital Area Intermediate Unit and Jennifer Foster respectfully request that this Honorable Court grant their Motion to Quash the Defendant's Subpoena. HARTMAN UNDERHIL BRUBAKER LLP Date: April 11, 2011 By: Mark E. Lovett, Esquire Attorney I.D. 41071 100616829.1) ??.??,?T COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jared ahr Plaintiff File No. 2009-3794 CIVIL ACTION - LAW Exin Woolc Defendant SUBPOENA TO ATTEND AND TESTIFY TO: Ms. Jennifer Foster St. Patric is School 87 Marsl. Drive, Carlisle, PA 17015 1. You are ordered by the court to conic to The Cumberland County Courthouse located at 1 Courthouse Sduate, Carlisle, PA 17013 in Court Room Niunber 2 at 9:00 o'clock A.M. on Wedne day, April 13, 2011, to testify on behalf of Ms. Erin Wooley in the above case, and to remain until excused. 2. And b ' g with you the following: documentation signed by parents permitting child to be. rourise e.d a.nd documentation showing dates child was in counseling. If You tail to a. end or produce the documcrnts or things required by this subpoena, you may be subject to the , anctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, included but n t limited to costs, attorney fees and imprisonment. BY A PARTY/ATTORNI?Y IN COMPLINC E WTIH Pa.R.C.P.No.234.2(a): Name: Telephone: S upren,e. C I ID# BY THE CGURT: Seal of Official Note: T connection with Pa.R.C.P.No.23, paragraph 2. l00/1002 Prothonotary/Clerk, Civil Division 0.4 All An j A r? (j - -. 3 Court Deputy is form of stibpoena shall be used whcncvet a subpoena is issuablc, including hearings in iepositions and befure arbitrators, maters, cc:,mmissionexs, etc. in a,rnpliance with 1. If a subpoena for a production of documents, records or things iE dcsited, complete ¦ ¦¦ ¦ XVi 9t ZZ IIOZ/EZ/r¦¦¦¦ No. 2009-3794 Civil Term CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving the foregoing document upon the person and in the manner indicated below. Service fax and first class mail, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 (717) 975-0697 Service via overnight mail, addressed as follows: Erin Wooley, Pro Se 3416 Barclay Street Philadelphia, PA 19129 HARTMAN UNDERHILL & BRUBAKER LLP Date: By Mark E. Lovett, Esquire Attorney I.D. No. 41071 {00616829.1 } JARED M. BAHR, IN THE COURT OF COMMON PLEAS OF 1 PLAINTIFF CUMBERLAND COUNTY PENNSYLQkN Wo C- 1 , macro - rn? V . m x7) r V M r -corn : r'o ° : 0 ERIN J. WOOLEY, DEFENDANT NO. 09-3794 CIVIL CDC) IN RE: CONTINUATION OF CUSTODY HEARING ORDER OF COURT AND NOW, this 20th day of April, 2011, the continuation of the this hearing shall be on Monday, June 13, 2011, at 9:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Diane Radcliff, Esquire Attorney for Plaintiff Erin J. Wooley, Pro Se Defendant 3416 Barclay Street Philadelphia, PA 19129 M. L. Ebert, Jr., J. 0 les Hoald 0p, 4/1DI'l 00 bas JARED BAHR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS : NO. 09-3794 CIVIL TERM ERIN WOOLEY, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 13th day of June, 2011, after hearing in the above-captioned matter, it is hereby ORDERED AND DIRECTED that Mother shall be granted primary physical custody of the child during the summer recess. The exchange shall take place at 7:00 p.m. on the evening of June 19th, 2011, at Exit No. 286 of the Pennsylvania Turnpike. Pending further order of court, Father will be given alternating weekends beginning July 8th, 2011, and Mother shall have custody of the child for the 4th of July holiday. Parties may submit proposed findings of fact and briefs in support of their positions regarding the custody of the child on or before June 30, 2011. Each party shall provide a proposed custody order for consideration by the Court which address primary physical custody, proposed method(s) of communication, holiday schedules, and school recommendation for the fall 2011 term on or before June 30, 2011 Diane Radcliff, Esquire For the Plaintiff Erin Wooley, Pro Se 3416 Barclay Street Philadelphia, PA 19129 By the Court, h? I uj L M.L Eber Jr., J r-. 1 ? ?r-`' _7i v'? r-- v J rY r„ 6 (eJ C V_ mlc Pleading Prepared and Submitted by: Plaintiffs Proposed Findings, Conclusions and Order Diane G. Radcliff, Esquire Assigned Judge: The Honorable M. L. Ebert Attorney for Plaintiff Defendant, Pro Se Diane G. Radcliff, Esquire, Erin Wooley 3448 Trindle Road 3416 Barclay Drive Camp Hill, PA 17011 Philadelphia, PA 19129 Email: dianeradcliff(a)-comcast.net Phone: 717-737-0100 Fax: 717-975-0697 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSVVAIIA? 3 ?-+ 10 = JARED M. BAHR i? r`'r= Ac Plaintiff NO. 2009-3794 CIVIL TERMcnr- %Fr-n ao o =-n c V. CIVIL ACTION - LAWS _ ' c-l ?.C N D ERIN WOOLEY, IN CUSTODY cn Defendant - PLAINTIFF'S PROPOSED FINDING OF FACT. CONCLUSIONS OF LAW AND PROPOSED ORDER OF COURT AND NOW, this 30th day of June, 2011 comes the Plaintiff, Jared M. Bahr, by his attorney, Diane G. Radcliff Esquire, and provides this Honorable Court with the Plaintiffs Proposed Findings of Fact and Conclusions of Law and Proposed Order of Court. - 1 - I. PLAINTIFF'S PROPOSED FINDINGS OF FACT: 1. The Plaintiff is Jared M. Bahr. 2. The Defendant is Erin Wooley. 3. Plaintiff (hereafter "Father") and Defendant (hereafter "Mother") are the parents of a minor child, Taylor Wooley, who is the subject to this custody action (hereafter "the child"). 4. Father lives at 192 Faith Circle, Carlisle, PA 17013 with the child, his fiance, Stacey Schaffner, and his child with his fiance, Jayden D. Bahr, age 4. He has no plans of moving in the foreseeable future. 5. Father is age 33 and in good health. He is a high school graduate and completed 2 years of college 6. Father was previously employed by Pepsi as a merchandiser, but recently lost his job. He is actively looking for another job on day shift with little or no weekend work. 7. Father's fiance, Stacey Schaffner is age 31 and is in good health. She is a high school graduate with some college. She and Father have lived together since 2003. 8. Mother lives at 3416 Barclay Drive, Philadelphia, PA 19129. At the time of the December 2009 hearing she was residing at that address with her boyfriend, Gasol Diap. After a 2 year live in arrangement, he moved out in December 2010. For one month, in March, Mother had a girlfriend move in with her. When that friend moved in, according to Taylor, she and Mother took apart her room at her Mother's house and threw everything out (See Exhibit P-1). The friend moved out in April 2011 and now Mother lives alone. It is unknown if Mother has any plans to move in the foreseeable future as she gave no testimony on that point. 9. Mother is age 32 and is in good health. She graduated from high school, has a bachelors degree as well as a master's degree. Mother was previously employed by Presbryan Inspired Life as the Director of Annual Giving. Her current employment is unknown. 10. Taylor Wooley is now age 11. She was born on January 4, 2000. She has been in Father's primary custody since she was age 5. 11. Taylor's health is fairly good. She does suffer from reoccurring stomach aches which are believed to be caused by stress resulting from the conflicts between her parents. She has been in -2- counseling for that condition since the later part of 2009 which was arranged by Father. Mother has had little involvement in that counseling nor obtained counseling for her during the 2010 summer period. 12. Taylor has attended St. Patrick's school in Carlisle, PA since kindergarten and just completed 5tn grade. She does very well at that school. (See Exhibits P-3 and P-4). She has many friends there and is involved in many activities at that school. 13. Pursuant to the Order of Court dated February 12, 2010, the parties share legal custody of Taylor; Father has primary physical custody of Taylor her during the school year; and Mother has primary physical custody of her for an 8 week period during the summer. Holidays are basically alternated. 14. Mother filed the current modification Petition seeking primary physical custody of Taylor. She did not give any testimony regarding her proposed partial custody schedule for Father. Father would like the current schedule to stay the same with the exception that he be given a nine (9) day period of custody in July or August so he can take Taylor on a family vacation to Michigan, which is a family tradition. 15. Since 2009, when Mother again chose to become involved in Taylor's life, there has been a substantial amount of conflict between these parents which has played out in emails, telephone conversations and direct confrontations, often with involvement of the child. (See Exhibit P-2; P- 12; P-13; and P-14) . According to Father, this conflict has escalated since Father filed for child support. 16. In the past both parties have participated in inappropriate behavior to each other in their custodial dealings with each other, which has exacerbated their difficulties and served only to make matters worse for them and the child. 17. Recently, with the help of his family and attorney, Father has come to recognize his role in these problems and has demonstrated a willingness to put his feelings aside, change his behavior, communicate with Mother in a civil manner and work with her in order to try to minimize the stress Taylor has been feeling and to promote her best interests. 18. Mother, on the other hand, has not changed her behavior, but rather has continued to express her negative feelings about Father and his family and blames him for all of her problems, taking no responsibility for her actions which have created or contributed to the problems the parties and Taylor have experienced. It is unfortunate that she has chosen to share these feelings directly with Taylor, and cannot see the harm she is doing to her in the process. 19. Father has encouraged and permitted frequent and continuing contact between Taylor and Mother. He allows Taylor to email her Mother as often as she wants. He allows her to talk to her - 3 - Mother and does not listen in on their conversations. He offered Mother extra time so she could go to a local parade with Taylor. 20. On the other hand, Mother has not encouraged nor permitted frequent contact between Taylor and Father. For example, when Mother had primary custody over the summer of 2010 she refused to allow Father or his family to speak with Taylor on the phone and did not inform them that she was taking Taylor to North Carolina on a vacation. For this summer when Father asked what Mother's plans were for the summer, she in essence told him it was none of his business. 21. Both parties perform parental duties for Taylor, although those duties are done to a far greater extent by Father because he has more custodial time and because of the distance between their homes. For example, during the school year and his summer periods Father provides Taylor with food, shelter, clothing, proper hygiene, and sees to her educational needs (including private schooling at St. Patrick's), her religious needs (church and school); her medical and psychological needs (regular medical appointments and counseling); and her social development through participation with family, friends and in activities. Most importantly he provides her with love and security, not only by himself but also by his close knit family. Mother also performs the core parental duties of food, shelter and clothing during the summer as well as providing her with activities through the YMCA camp during the summer of 2010. Since she gave no testimony on this point it is unknown if she performs other parental duties. It should be noted, however, that Father testified that Mother has not been involved in her school, her school year activities or her medical treatment or counseling. 22. Given the high level of conflict in this case, stability and continuity is very important to Taylor. Staying in Father's physical custody would continue to provide Taylor with that stability and continuity as her doctors, counselor, school, church, activities, friends, and primary family support systems would all remain the same. On the other hand, granting Mother primary custody would not provide stability and continuity for Taylor as everything important to her in her day to day life would change including her school, church, friends, family support system, doctor and counselor. 23. Father has extended family members that live near by and are and have been available to him and the child . His parents play a very important role in Taylor's life. Not only have they provided care for Taylor after school, but also they invite Taylor into their home for special times, and go to all of her activities (such as choir, soccer etc.) even if not needed to help with the transportation. Taylor's Uncle Jeff, who is also Taylor's God-Father, also lives near by and sees Taylor on a regular basis. 24. Mother's extended family is not as involved. Her Mother lives about an hour away from her home and, at best, saw Taylor infrequently until recently. Her sister hardly ever sees Taylor at all. 25. Taylor only has one sibling, Jayden Bahr, her half brother, who lives with her in her Father's home. While there is a substantial age difference, Taylor and her brother are still close and love each -4- other very much. 26. Both parties have not acted appropriately and have made comments about each other to or within the hearing of the child which could be perceived as trying to turn Taylor against the other parent. There are, however, two differences between them. First, while Father may not like Mother's behavior, he had not made comments directly to Taylor about her Mother. Instead, any comments he made were made carelessly and inadvertently overheard by Taylorwho eavesdrops from time to time. In contrast, Mother overtly and blatantly talks about Father directly to Taylor. Mother has directly discussed her financial situation with Taylor telling her that she may lose her home or had to give up this or that because of the support she was forced to pay Father. Worse yet, she has sent inappropriate emails to Taylor discussing matters that should never have been brought to the child's attention. This was particularly evidenced by Mother's recent emails sent to the child that were identified as exhibits P-12 and p-13. The other major and more important difference between them is that Father is making efforts to change his behavior. Father is now more conscious about the effects of his behavior on Taylor and on his custodial relationship with Mother. He no longer talks about Mother when in his home. He is trying to improve his relationship with Mother by changing his style of communication with her. His recent behavior evidences an intent to more forward for the good of Taylor rather than dwell in the past. Mother gave no testimony indicating that she was willing to change her bad behavior. On the contrary, almost her entire testimony was comprised of negative comments about Father rather than providing the Court with testimony about her parenting. Such testimony negates any intent to encourage the relationship between Father and daughter. II. PLAINTIFF'S CONCLUSION OF LAW Father is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child. 2. Father is more likely to maintain a loving, stable, consistent and nurturing relationship with the child, adequate for the child's emotional needs. 3. Father is more willing and able to cooperate with Mother regarding custody matters. 4. Father is more likely to encourage and permit frequent and continuing contact between the child and the other parent. 5. Father has greater extended family that is available to the child on a regular basis. 6. Granting Father primary custody during the school year will serve to promote the close relationship between the child and her brother, Jayden Bahr. . 5 - 7. The best interest of the child would be served by the child being in Father's primary custody during the school year and in Mother's primary custody during the summer in accordance with the order attached hereto. Wherefore, Plaintiff respectfully requests this Honorable Court to enter the proposed Order attached hereto and made a part hereof. Respectfully Submitted, LIFF`?QUIRE (Attorney Registration No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliffecomcast. net Phone: (717) 737-0100 - Fax: (717) 975-0697 Counsel for Plaintiff Dated: June 30, 2011 -6- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JARED M. BAHR, Plaintiff NO. 2009-3794 CIVIL TERM V. CIVIL ACTION - LAW ERIN WOOLEY, IN CUSTODY Defendant ORDER OF COURT AND NOW, this _ day of , 2011, after consideration of the testimony given and exhibits admitted at the hearings held on April 13, 2011 and June 13, 2011, IT IS HEREBY ORDERED AND DECREED as follows: LEGAL CUSTODY. The Father, Jared M. Bahr, and the Mother, Erin J. Wooley, shall enjoy shared legal custody of their child, Taylor Wooley, born January 4, 2000, and pursuant thereto, the following shall apply: (a) Major parental decisions concerning their child, including, but not limited to, their child's health, medical, dental & orthodontic treatment, mental health treatment, education, religious training and upbringing shall be made jointly by the parents, afterdiscussion and consultation with each other, with a viewtoward obtaining and following a harmonious policy, in their child's best interests. (b) Each parent has the duty to obtain and is entitled to complete and full information and records from their child's doctor, dentist, teacher, mental health professional or other related entities and is entitled to have copies of any reports or information given to either parent, in accordance with 23 Pa.C.S.A. §5309. (c) Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their child's schools, physicians, dentists, orthodontists, psychologists, or other similar individuals or entities concerning their progress and welfare. (d) Each parent shall notify the other parent of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other parent, including, but not limited to by way of specification, day care or after school care arrangements, summer camps, vacations involving the child and the like. (e) Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their child. (f) Each parent shall not alienate the affections of the child from the other parent. (g) Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. 2. PHYSICAL CUSTODY. The parents shall share physical custody of the child in accordance with the following schedule: (a) School Year. During the school year, Father will have primary physical custody of the child, subject to Mother's rights of partial physical custody as follows: (1) Alternating weekends from Friday at 7:00 p.m. until Sunday at 5:00 p.m. In 2011, Mother's first school year weekend will be the weekend of September 2, 2011 through September 5`h and includes her Labor Day holiday. (2) Should any weekend fall on a three (3) day holiday weekend, and that holiday is mother's holiday, Mother's period of custody will be extended to include the holiday. (b) Summer. Summer is defined as the period starting at 7:00 p.m. on Father's Day Sunday and ending at 5:00 p.m. on the Sunday falling one full week prior to the day school starts in the fall. Mother will have primary physical custody of the child during the Summer subject to Father's rights of partial physical custody of the child as follows: (1) Alternating weekends from Friday at 5:00 p.m. through Sunday at 7:00 p.m. starting with the first full weekend in July. (2) A period of nine (9) consecutive days during July and/or August, commencing at 7:00 p.m. at the beginning of Father's alternating weekend and ending nine (9) days thereafter at 5:00 p.m. on Sunday. In 2011 that nine (9) day period shall be from Friday, July 22, 2011, at 7:00 p.m. through Sunday, July 31, 2011, at 5:00 p.m.. (3) Father must give Mother notice of his selected nine (9) day period on or before June 1St -2- (4) Father may not include the July 4th holiday as part of his nine (9) day period except in odd numbered years. (c) Holidays: Custody on holidays will be in accordance with the following schedule: HOLIDAYS TIMES ODD EVEN YEARS YEARS Easter From 7:00 p.m. the day before the first Father Father day of the school holiday recess until 5:00 p.m. on the last day of the school holiday recess Memorial Day From 7:00 p.m. on Friday until Mother Father 5:00 p.m. on Monday July 4`h From 7:00 p.m. on July 3rd until To party who has 5:00 p.m. on July 4`h underlying custody period Labor Day From 7:00 p.m. on Friday until Mother Father 5:00 p.m. on Monday Thanksgiving From 7:00 p.m. on Wednesday until Father Mother 5:00 p.m. on Sunday Christmas/New 12/23 at 7:00 pm to 12/25 at 3:00 pm Mother Father Years Segment #1 Christmas /New 12/25 from 3:00 pm to 12/30 at 5:00 pm Father Mother Years Segment #2 Christmas /New 12/30 at 5:00 pm to 1/1 at 5:00 pm Mother Father Years Segment #3 Mothers Day From 7:00 p.m. on Friday until Mother Mother 5:00 p.m. on Sunday Fathers Day From 7:00 p.m. on Friday until Father Father 5:00 p.m. on Sunday (d) School Breaks. The parties will equally share physical custody over the remaining days of the children's Thanksgiving break, Winter break; Spring break and/or Easter break. Any holiday within the break that has been granted to a party pursuant to the above holiday schedule will not be counted as part of that equal division. The equal division of the foregoing breaks will be scheduled to minimize the custody exchanges required. - 3 - (e) Holidays a Priority. The Holiday/Special Day schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and mid-week custodial periods set forth herein. 3. TRANSPORTATION. The following shall apply to the custody exchanges and transportation: (a) Exchanges shall occur at the Lancaster Exit No. 286 of the Pennsylvania Turnpike. (b) At all times the child shall be secured in appropriate passenger restraints during transportation. (c) No person transporting the child shall consume alcoholic beverages or illegal substances prior to or during the transportation of the child. (d) No person transporting the child shall be under the influence of any alcoholic beverage or illegal substance while transporting the child. 4. ALCOHOL AND DRUGS. During any period of custody or visitation, neither parent shall possess or use any illegal controlled substance, nor consume alcoholic beverages to the point of intoxication, nor permit any other person to possess or use any illegal controlled substance, nor consume alcoholic beverages to the point of intoxication in the presence of the Children. Further, both parents are prohibited from giving the Children alcoholic beverages or illegal controlled substances to use and/or consume. 5. SMOKING/ALCOHOUILLEGAL SUBSTANCES. Neither Parent shall, nor permit any other person to, smoke in any part of a confined area with the Children present. Neither parent shall drink alcoholic beverages to excess nor consume illegal substances when in the presence of the child, and neither parent shall be intoxicated nor under the influence illegal substances when in the presence of the child. 6. ILLNESS OF CHILD. The parents shall keep each other advised of any serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such serious illness or medical emergency both parents shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 7. NO DEROGATORY COMMENTS. Neither parent will undertake, nor permit by any other person to undertake, the poisoning of the child's mind against the other parent, by conversation or otherwise, any communication that explicitly or inferentially derides, ridicules, condemns, or in any manner derogates the other parent or extended family members. Neither parent shall attempt, nor condone any attempt, directly or indirectly, -4- to estrange the child from the other parent. At all times each parent shall encourage and foster in the child a sincere respect and affection for the other parent. This shall include directing third parties to refrain from making derogatory comments about or to the other parent in the presence or hearing of the child, which may injure the opinion of the child as to the other parent or which may prevent the child from talking to the other parent as she may desire. 8. COMMUNICATION. Each parent shall refrain from encouraging their child to provide reports about the other parent. Communication should always take place directly between parents, never using their child as an intermediary. Both parents shall be afforded reasonable telephone contact with the children while in the other parent's custody, and both parents are directed to refrain from preventing a parent from talking to the child by phone. In addition the child shall be permitted to access regular mail and email she may receive from either parent and both parents are directed to refrain from preventing the child's access to regular mail or email from the other parent. 9. TEMPORARY ABSENCE. When the Child will be staying away from the then custodial Parent's residence for a period in excess of 24 hours, that Parent shall provide the other Parent with notice of the address of the locations where the Child will be staying during that temporary absence. 10. RELOCATION. No party shall hereafter relocate the child 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 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. 11. MODIFICATION. The parents shall be at liberty to 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: M.L. Ebert, Judge Distribution to: Attorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Defendant Pro Se: Erin Wooley, 3416 Barclay Drive, Philadelphia, PA. - 5 - CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Erin Wooley 3416 Barclay Drive Philadelphia, PA 19129 (Defendant, pro se) Dated: June 30, 2011 -8- Camp Hill, PA 17011 Email: dianeradctiff@comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff No . Oa - 3 I q , vi 1 (at, r? 0 PETITION FOR CIVIL CONTEMPT FOR 'Mccp :MM JDISOBEDIENCE OF (CUSTODY) (PARTIAL CUSTODY) -?r--Z' 3 (VISITATION) ORDER `-' The Petition of'-' Erin Wooley, Pro Se, respectfully represents: Erin Wooley, mother of Taylor Wooley.-' rn -n 1. That on June 13, 2011, Judge M.L. Ebert entered an Order awarding Petitioner (Erin Wooley, mother) primary physical custody during the summer recess of the minor child Taylor J. Wooley. Pending a further order, father will have alternating weekends in the summer recess. Name of the Child: Taylor J. Wooley A true and correct copy of the order is attached to this petition NO. 09-3794 CIVIL TERM. A complaint was filed with the Philadelphia Police Department DC# 11.39.43041. State Police and Lancaster police refused to get involved with domestic calls and would not take a report. Proof of phone call is attached. Toll receipts with documents times are attached to prove mother was there on time and when she left. 2. Respondent has willfully failed to abide by the order in that father did not show up to the court ordered custody exchange point with the child on Sunday, July 24, 2011, thus refusing to give child to mother during her court appointed time. Father had custody of child from 7:00 pm on Friday, July 22, 2011 and was to return the child to the dro off point at 5:00 pm on Sunday, July 24 and refuses to give child back to the th. Father did not show up with child on Sunday, July 24t mother. Mother has primary physical custody over the summer recess as stated in Court Order. (Drop of point - Exit 286 of the PA Turnpike) WHEREFORE, Petitioner requests that Respondent be held in contempt of court. 0,01 Erin Wooley, Pro Se (Attorney for Petitioner) Erin Wooley I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date Petitioner 't- '70, 00 /'a "/' D '/A sk JARED BAHR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 09-3794 CIVIL TERM ERIN WOOLEY, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 13th day,of June, 2011, after hearing in the above-captioned matter, it is hereby ORDERED AND DIRECTED that Mother shall be granted primary physical custody of the child during the summer recess. The exchange shall take place at 7:00 p.m. on the evening of June 19th, 2011, at Exit No. 285 of the Pennsylvania Turnpike. Pending further order of court, Father will be given alternating weekends beginning July 8th, 2011, and Mother shall have custody of the child for the 4th of July holiday. Parties may submit proposed findings of fact and briefs in support of their positions regarding the custody of the child on or before June 30, 2011. Each party shall provide a proposed custody order for consideration by the Court which address primary physical custody, proposed method(s) of communication, holiday schedules, and school recommendation for the fall 2011 term on or before June 30, 2011 By the Court, ? I a L M.L. Ebert, Jr., J. Diane Radcliff, Esquire For the Plaintiff Erin Wooley, Pro Se 3416 Barclay Street Philadelphia, PA 19129 :mlc TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Cou at Carlisle, Pa. This _.LL of .20 If 6.IC. Prothonotary JARED M. BAHR, PLAINTIFF V. ERIN J. WOOLEY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-3794 CIVIL IN RE: CONTINUATION OF CUSTODY HEARING ORDER OF COURT AND NOW, this 20th day of April, 2011, the continuation of the this hearing shall be on Monday, June 13, 2011, at 9:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Diane Radcliff, Esquire Attorney for Plaintiff Erin J. Wooley, Pro Se Defendant 3416 Barclay Street Philadelphia, PA 19129 M. L. Ebert, Jr., J. bas lic, JARED M. BAHR, PLAINTIFF V. -` ERIN J. WOOLEY, DEFENDANT IN THE COURT OF COMMO LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-3794 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 12th day of February, 2010, after a hearing in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED: 1. Legal Custody: The Mother, Erin J. Wooley, and the Father, Jared M. Bahr, shall enjoy shared legal custody of Taylor Wooley, born January 4, 2000. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party shall not impair the other party's rights to shared legal custody of the child. Each party shall not alienate the affections for the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Physical Custody: A. School Year. 2009-2010: Father shall have primary physical custody of the child during the school year subject to the Mother's right of partial custody as follows: 7:00 p.m. Friday, February 26 - 5:00 p.m. Sunday, February 28, 2010 7:00 p.m. Friday, March 12 - 5:00 p.m. Sunday, March 14, 2010 7:00 p.m. Friday, April 23 - 5:00 p.m. Sunday, April 25, 2010 7:00 p.m. Friday, May 14 - 5:00 p.m. Sunday May 16, 2010 7:00 p.m. Friday, June 4 - 5:00 p.m. Monday, June 6, 2010 B. Summer Recess: Mother shall have primary physical custody of the child from June 18, 2010, until August 20, 2010, subject to the Father's right of partial custody on alternating weekends from Friday, at 7:00 p.m. until Sunday at 5:00 p.m. beginning June 25, 2010. C. School Year. 2010-2011: Father shall have primary physical custody of the child during the school year 2010-2011 subject to Mother's right of partial custody on alternating weekends from Friday at 7:00 p.m..until Sunday at 5:00 p.m. beginning August 27, 2010. Should any scheduled weekend fall on a 3 day Holiday weekend, Mother's period of custody will be extended for the extra day. 3. Holida s: A. The following schedule shall control for Holidays: HOLIDAYS TIMES ODD EVEN YEARS YEARS EASTER From 7:00 p.m. the day before FATHER MOTHER the first day of school. holiday recess until 5:00 p.m on the last day of school holiday recess. MEMORIAL DAY From 7:00 p.m. Friday until MOTHER FATHER 5:00 .m. Monday. _ INDEPENDENCE DAY From 7:00 p.m. the evening FATHER MOTHER before the holiday until 5:00 m. the day of the holiday LABOR DAY From 7:00 p.m. Friday evening MOTHER FATHER until 5:00 p.m. Monday. THANKSGIVING From 7:00 p.m. Wednesday FATHER MOTHER until 5:00 .m Sunda MOTHER'S DAY From 7:00 p.m. Friday evening MOTHER MOTHER until 5:00 .m. Sunda FATHER'S DAY From 7:00 p.m. Friday evening FATHER FATHER until 5:00 .m. Sunda Christmas/New Years See Below B. Christmas/New Years - The Christmas/New Years holiday shall be divided into Segment A which shall run from December 23 at 7:00 p.m. through Christmas Day at 3:00 p.m., Segment B which shall run from Christmas Day at 3:00 p.m. through December 30 at 5:00 p.m. and Segment C which shall run from December 30 at 5:00 p.m. until January 1 at 5:00 p.m. In even numbered years, Father shall have custody of the child for Segments A and C, and Mother shall have custody during Segment B. In odd numbered years, Mother shall have custody of the child for Segments A and C, and Father shall have custody during Segment B. C. Holidays A Priority: The periods of partial custody for holidays, vacations or other special days set forth in this Order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations. Vacations should begin on a parent's regularly scheduled weekend so that there should be no "piggybacking" of days. 4. TRANSPORTATION: Exchanges shall occur at the Lancaster Exit No. 286 of the Pennsylvania Turnpike. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to or during transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages while transporting the child. 5. SMOKE/DRINK/ILLEGAL SUBSTANCES: No party shall smoke in any part of a confined area with the child present and neither party shall permit another person to smoke in any part of a confined area with the child present. No party shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the child, and no party shall be under the influence of illegal substances when in the presence of the child. 6. ILLNESS: The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take Mother shall have custody of the child for Segments A and C, and Father shall have custody during Segment B. C. Holidays A Priority: The periods of partial custody for holidays, vacations or.other special days set forth in this Order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations. Vacations should begin on a parent's regularly scheduled weekend so that there should be no "piggybacking" of days. 4. TRANSPORTATION: Exchanges shall occur at the Lancaster Exit No. 286 of the Pennsylvania Turnpike. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to or during transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages while transporting the child. 5. SMOKE/DRINK/ILLEGAL SUBSTANCES: No party shall smoke in any part of a confined area with the child present and neither party shall permit another person to smoke in any part of a confined area with the child present. No party shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the child, and no party shall be under the influence of illegal substances when in the presence of the child. 6. ILLNESS: The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 7. DISPARAGING REMARKS: Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. This shall include directing third parties to refrain from making derogatory comments about or to the other parent in the presence of the child, which may injure the opinion of the child as to the other party or which may prevent the child from talking to the other parent as she may desire. 8. COMMUNICATION: Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to the child, or preventing the child from calling the other parent. In addition, the child shall be permitted to access regular mail and email she may receive from her parents and both parents are hereby directed to refrain from preventing access to regular mail or email from the other parent. 9. MODIFICATION: 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, M. L. Ebert, Jr., J. Marylou Matas, Esquire Attorney for Plaintiff Erin J. Wooley, Pro Se Defendant bas TRUE COPY FROM RECORD in'restimon? whereof, i here Unto set my hand and thes-e of said GQg[jak Carlisle, Pan.? This rig of , 20 ?C Prothonotary i PHILADELPHIA POLICE DEPARTMENT COMPLAINT OR INCIDENT REPORT YEAR DISTJOCC. D.C. NO. SECT. DIST. 2) C VEH. NO. REPgFyr D T CRIME OR INCIDENT CLAS IFICATION CODE TIME OUT J-. a4 IME IN A P LOCATION OF OCCURRFAICE ! J JJ 75(C /c;1 c, fig' ? IN ? OUT TYPE OF PREM. DATE OF OCCUR. DAY CODE T *E OF OCCUR. A P NATURE OF INJURY COMPLAINANT AGE RACE SEX PHONE (HOME) ADDRESS PHONE (BUSINESS) FOUNDED ?Yes? No REPORT TO FOLLOW ?Yes ? No UNIT ? Close Out CODE INV. CONT NO. WITNESS ?Yes ? No TRACEABLE PROP. ? Yes ? No UNIQUE DESCRIPTION OF OFFENDER ? Yes ? No OTHER EVIDENCE ? Yes ? No DESCRIPTION OF INCIDENT (Include Description of Crime Scene if Applicable) WITNESS ADDRESS PHONE NO. OFFENDER INFORMATION PROPERTY DESCRIPTION (Include Make, Model, Color and Serial No. Where Applicable) PROP. CODE INSURED STOLEN VALUE ?Yes ? No $ v n z 0 VEHICLE 1-OWNER'S NAME VEHICLE 2-OWNER'S NAME VEHICLE 1 -OPERATOR'S NAME VEHICLE 2 - OPERATOR'S NAME WANTED/STOLEN MESSAGE SENT General No. Date DISTJUNIT TERMINAL RECEIPT NO. SENT BY REPORT PR 7ZBY e? NO. c?i3 DIST./UNIT PAGES TOTAL NO. PAGE REVIEW D BY NO. DIST.UNIT REFERRAL DATE CEN NO. PURSUANT TO ACT 155 OF 1992, THE BELOW PERSON ACKNOWLEDGES RECEIPT OF THE NOTIFICATION OF VICTIM SERVICES FORM: 7548 (Rev. 6/94) L 500203 J6411? day o? ? 9 PA TURNPIKE FARE RECEIPT PLAZA 286 $- -? READ I NG DATE TIME COLL TRAN ENTRY II If I'lA „ v_. An oil1 o :fir " 7h fl/ 1 /.Y% i 1 L11. Y.7 .1111 I .,/p1U ..1%lJ ?-!V ( (/?Y+/?, M11,1 1.1 M1.,.t lI I,M111/ Y1 ??(o 06 1 CA $3.60 ROADWAY AND WEATHER: 1-866-976-8747 CUSTOMER ASSISTANCE CENTER: 1-800-331-3414 E-ZPASS: 1-877-731-1727 WWW.PATURNPIKE.COM ?a4-? Ut4 s Gl 6 it) F A T u R N F 1 K E F A R E R E C E I P T PLAZA 326 vAC_L EY P 0 A G E DATE TIME COLL TRAN ENTRY 07124/11 18:18 2316 0310 286 LANE CLASS TP UO PAID 17 1 CA $3.60 ROADWAY AND WEATHER: 1-866-976-8747 E-ZPASS: 1-877-736-6727 74 photo.PNG - Gmail Page 1 of 1 AT&T 3G 7 44 PM ?` t 5:26 1 `m Mom t (717) 462-236 5.19 PM F Mom :161,rA i?-?--C.?-- 911; 5.08 1,1vi Taylor Wooley (8 .* 5:08 r-IM C a-LL4 Chris V' coley 4:52 rf.l Taylor Woolley f3'i 4:51 PI,A -(Z Taylor 'coley 441 11,1 , ,? https://mail.google.com/mail/?ui:=2&ik=Oaf88ec8c1 &view=att&th=1316115f346037f4&at... 7/25/2011 photo.PNG - Gmail Page 1 of 1 aas_ AT&T 3G 7.44 PM r Josh Liss 6:49 t'r.i jt ? 911 Josh Liss Andy Stopani Morn 911 Mom (717) 462-2366: a CA ? cv-t 6:42 t [A -zJ?- 6:39 P[A 5:45 5:41 Prat 5:3a E?Ivl 5:26 Prvi ??i r r.t 5:19 - I https://mail. google.com/mail/?ui=2&ik=oaf88ec8c1 &vievr--att&th=1316116745b95560&a... 7/25/2011 photo.PNG - Gmail Galt Text Message Create New Contact ;acid tj Exist'ing' Contact Page 1 of 1 https://mail.google.com/mail/?ui=2&ik=Oaf88ec8c1 &view=att&th=l316115bea9aefl O&at... 7/25/2011 Gmail - Quick Question Page 1 of 1 Erin Wooley <erinwooley32@gmail.com> Quick Question Erin Wooley <erinwooley32@gmail.com> Sun, Jul 24, 2011 at 9:02 PM To: "Stambaugh, Beth" <bstambaugh@ccpa.net> Cc: "Diane Radcliff (dianeradcliff@comcast.net)" <d ianeradcliff@comcast. net> Diane, Please be advise that your client did not show up for the custody exchange on Sunday, July 24, 2011 scheduled for 5:00pm. This is a willful violation of the custody order. Proper documentation has been completed and contempts forms will be filed tomorrow morning. Beth, Since no decision has been made to date by Judge Ebert with regard to custody, he should know that the father refuses to give the child back to the mother as stipulated in the present court order. Sincerely, Erin Wooley, Pro Se Tay& Wooley's Mother [Quoted text hidden] https://mail.google.com/mail/?ui:=2&ik=Oaf88ec8c 1&view=pt&search=sent&msg=1315ed... 7/25/2011 JARED BAHR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-3794 CIVIL ACTION LAW --+ r-q CV rn X C_ ? =-q rn V_ r-. ERIN WOOLEY cnn? IN CUSTODY _< > DEFENDANT C t ORDER OF COURT o AND NOW, Wednesday, July 27, 2011 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, August 31, 2011at 8:30 AM fora 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/ ac ueline M. Verne 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. Cumberland County Bar Association copy Mai lf+d V,Cof j o, fed -?o ?& y maiGed rro 32 South Bedford Street Carlisle, Pennsylvania 17013 r? Telephone (717) 249-3166 t 1°r'?I A7qy JARED M. BAHR, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA (y V. C;?;r ;MM m ERIN J. WOOLEY C= i?t -= `,..- , DEFENDANT NO. 09-3794 CIVIL ?? ""- D < t= IN RE: CUSTODY 7Z =ci } ORDER OF COURT AND NOW, this 12th day of August, 2011, after a hearing in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED: 1. Legal Custody: The Mother, Erin J. Wooley, and the Father, Jared M. Bahr, shall enjoy shared legal custody of Taylor Wooley, born January 4, 2000. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party shall not impair the other party's rights to shared legal custody of the child. Each party shall not alienate the affections of the child from the other party. With regard to any emergency decisions that must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. PHYSICAL CUSTODY: A. School Year: (1) FATHER: Father shall have primary physical custody of the child during the 2011-2012 School Year. The child shall be enrolled in the St. Patrick School. (2) MOTHER: Mother shall have partial physical custody of the child every other weekend beginning September 9, 2011, from 6:00 p.m. Friday to 6:00 p.m. Sunday. B. Summer Vacation: 1. Mother will have primary physical custody of the child from the first Sunday after the school year ends (this being June 10 in 2012) at 6:00 p.m. until 6:00 p.m., the Friday before the school year begins. 2. Father will have partial physical custody of the child every other weekend beginning with the weekend of June 22, 2012, from 6:00 p.m. Friday to 6:00 p.m. Sunday. 3. Father will be entitled to a two week consecutive summer vacation on condition that the vacation period coincide with one of his regularly scheduled weekends and that he give Mother notice of the intended vacation period prior to May 15th of each calendar year. 4. In order to maximize the Mother's custodial time in the summer of 2011, the child will not be permitted to attend the family trip to Michigan unless Mother specifically consents to the trip. 2 3. HOLIDAYS: A. MOTHER'S DAY AND FATHER'S DAY• Mother shall have custody on Mother's Day weekend from 6:00 p.m. on Friday until 6:00 p.m. on Sunday. Father shall have custody on Father's Day weekend from 6:00 p.m. on Friday until 6:00 p.m. Sunday. The parties will adjust their normally scheduled alternating weekends to accommodate this special weekend. B. THANKSGIVING: The Thanksgiving Holiday will be divided into 2 segments. Segment A shall run from 6:00 p.m. the Wednesday before Thanksgiving until 6:00 p.m. the Friday after Thanksgiving. Segment B will run from 6:00 p.m. the Friday after Thanksgiving until 6:00 p.m. the Monday following Thanksgiving. Mother shall have custody of the child during Segment A in odd years and Segment B in even years. Father shall have custody of the child during Segment A in even years and Segment B in odd years. C. CHRISTMAS: The Christmas Holiday will be divided into 2 segments. Segment A shall run from 6:00 p.m. on the first day of the school Christmas vacation until Noon on December 26th. Segment B shall run from Noon on December 26th until 6:00 p.m. on the evening before school resumes in the New Year. Father shall have custody of the child during Segment A in odd years and Segment B in even years. Mother shall have custody of the child during Segment A in even years and Segment B in odd years. D. SPRING BREAK: Mother shall have custody of the child during the spring break vacation from 6:00 p.m. on Thursday, March 15, 2012 to 6:00 p.m. Sunday, March 18, 2012. 3 E. EASTER: The Easter Holiday will be divided into 2 segments. Segment A shall run from the Thursday before Easter at 6:00 p.m. until the Saturday before Easter at 6:00 p.m. Segment B will run from 6:00 p.m. the Saturday before Easter until 6:00 p.m. the Monday following Easter. Mother shall have custody of the child during Segment A in odd years and Segment B in even years. Father shall have custody of the child during Segment A in even years and Segment B in odd years. F. OTHER MAJOR HOLIDAYS - (Martin Luther King Dav Presidents' Day, Memorial Day, Labor Dav and Columbus Day): The parent having custody of the child for the weekend preceding the Monday Holiday shall have an extended period of custody until 6:00 p.m. Monday evening. 4. TRANSPORTATION: Exchanges shall occur at the Lancaster Exit No. 286 of the Pennsylvania Turnpike. No person transporting the child shall consume alcoholic beverages prior to or during transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages while transporting the child. 5. COMMUNICATION: Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to the child, or preventing the child from calling the other parent. In addition, the child shall be permitted regular mail and email access from and to both her parents. 6. NONAILENATION: 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. It is specifically directed 4 that neither party shall disparage the other party's significant other in the presence of the child. Additionally, it is specifically directed that the parents are not to embroil the child in the acrimonious relationship between the parents. The parents are not to involve or influence the child in regard to negative inferences/statements against the other parent. 7. UPDATE HEARING: The parties will appear for an update hearing before this Court on March 30, 2012 at 10:00 a.m. in courtroom No. 2 of the Cumberland County courthouse. The Parties will be required to give an update as to their living situation, employment, and financial status. Copies of all the child's report cards up to March 30, 2012, from St. Patrick's school shall be provided to the Court. Additionally, the child will be required to be present at the hearing for an interview with the Court. 8. MODIFICATION: The parties may modify the provisions of this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. By the Court, M. L. Ebert, Jr., J. Diane Radcliff, Esquire Attorney for Plaintiff Erin Wooley Defendant bas w? 5 JARED M. BAHR, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V ..y • . 0 ?ww? C= . . « r M C ' ERIN J. WOOLEY, ? i == G- ? DEFENDANT NO. 09-3794 CIVIL -<> ' 3:W IN RE: CUSTODY ORDER OF COURT AND NOW, this 12th da y of August, 2011, pursuant to 23 Pa.C.S.A. §5323(d) the Court states the following reasons for granting Father primary physical custody in this case: 1. Father is more likely to encourage and permit frequent and continuing contact between the child and her Mother. 2. Father has had primary custody of the child since she was age 5 and has been primarily responsible for performing parental duties for the child. 3. The child has attended St. Patrick's school in Carlisle since Kindergarten and has now completed the 5th grade. She has done very well in the school and likes the school. 4. Father has extended family members who live nearby and who are available to assist him and the child. Mother's extended family does not live close to her and do not appear to be very involved in the child's life. 5. The level of conflict between these parties is very high. While both have made inappropriate comments about each other, the Court does find that Mother is more likely to directly disparage the Father to the child. 6. The Father, given the availability of his family and his finance has the better ability to provide appropriate child care arrangements. 7. Having been involved in this case since 2009 and having observed the demeanor of both parents, the Court finds that the Father is the more stable caregiver. 8. The child does love with her half-brother who is 4 years old and lives in the Father's home. 9. The child, being a very intelligent child, asked the Court if it was going to disclose her parental preference regarding custody to her parents. When the Court indicated that it would be required to disclose her preference since the matter was of record, the child would not disclose a preference. 10. The distance between the parents' homes prohibits a shared physical custody arrangement. 11. At this time, the best interest of the child will be served by granting Father primary physical custody during the school year. By the Court, Ilk I-IL M. L. Ebert, Jr., J. Diane Radcliff, Esquire Attorney for Plaintiff ? Erin J. Wooley, Pro Se U` Defendant BPS 11 3416 Barclay Street Philadelphia, PA 19129 bas e Fii-ED-OFFICE P ?? THQQTAR tu¢ i vE' -8 f,M 8. 53 CUMBERLAND COUNTY PENNSYLVANIA Pleading: Plaintiff's Modification Petition Prepared and Submitted by: Diane G. Radcliff, Esquire Assigned Judge: The Honorable M.L. Ebert. Jr. Attorney for Plaintiff Diane G. Radcliff, Esquire, 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliff()-comcast.net Phone: 717-737-0100 a Fax: 717-975-0697 Attorney for Defendant Erin J. Wooley, Pro Se, 3416 Barclay Drive Philadelphia, PA 19129 Email: erinwooley@gmail.com Phone: (267) 885-4029 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JARED M. BAHR, Plaintiff NO. 2009-3794 CIVIL TERM V. ERIN J. WOOLEY, CIVIL ACTION - LAW IN CUSTODY Defendant PETITION FOR MODIFICATION OF CUSTODY ORDER DATED AUGUST 12 2011 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, , Jared M. Bahr, the Petitioner, hereby petitions this Honorable Court for Modification of the Order of Court dated August 12, 2011 and respectfully represents that: 1. Your Petitioner is Jared M. Bahr, residing at 192 Faith Circle, Carlisle, Cumberland County, PA 17013. Petitioner is hereinafter referred to as "Father". 0 C k 0. ((w$S 2. Your Respondent is Erin J. Wooley, residing at 3416 Barclay Drive, Philadelphia, PA 19129 Respondent is hereinafter referred to as "Mother". 3. Mother and Father are the parents of one (1) minor child, to wit: Taylor Wooley, age 11, (DOB January 4, 2000). Taylor Wooley is hereinafter referred to as "the Child". 4. On August 12, 2011 an Order of Court was entered pertaining to custody of the Child. The August 12, 2011 Order of Court is hereinafter referred to as the "8/12/11 Order". A true and correct copy of the 8/12/11 Order is attached hereto, marked Exhibit "A" and made a part hereof. 5. In accordance with the terms of the 8/12/11 Order: (A) The parties share legal custody of the Child; (B) During the school year, Father has primary physical custody of the Child; (C) During the summer, Mother has primary physical custody of the Child; (D) Each party has specified periods of partial physical custody during the other party's primary custodial period. 6. The 8/12/11 Order should be modified because: (A) During the summer of 2011, the Child stayed with the maternal grandmother and mother only saw the child on weekends, if then. (B) On August 18, 2011, Mother sent Father's attorney an email stating that she was not able to exercise her custody rights with the child and informed the child that mother would not see her again until the Child could make the arrangements directly with mother and drive herself to mother's house. A true and correct copy of the 8/18/11 email is attached hereto, marked Exhibit "B" and made a part hereof. (C) Mother transferred custody of the Child to one week prior to the 8/12/11 Order end of summer exchange date, which while appreciated, demonstrated her intent as expressed in the 8/18/11 email referenced above. (D) Father and the Child require certainty in their lives and be able to make plans. They cannot do so if Mother does not abide by the Court's schedule, or if she only exercises her rights on a sporadic and inconsistent basis. - 3 - (E) The parties are totally unable to communicate with each other. 7. Father requests that the 8/12/11 Order be modified to provide as follows: (A) Father would be granted sole legal custody of the Child. (B) Father be granted primary physical custody of the child. (C) Mother would be granted partial physical custody of the Child as the parties shall mutually agree. WHEREFORE, the Father/Petitioner respectfully requests this Honorable Court to modify the 8/12/11 Order in accordance with the requests of the Father/Petitioner as specified in paragraph 7 herein. Respectfully submitted, c R DCLIFF, ESQUIRE r44488p Trin Road Hill, PA 1 7011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Petitioner -4- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. JAR AHR Date: -30 JARED M. BAHR, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIN J. WOOLEY, DEFENDANT NO. 09-3794 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 12"' day of August, 2011, after a hearing in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED: 1. Legal Custody: The Mother, Erin J. Wooley, and the Father, Jared M. Bahr, shall enjoy shared legal custody of Taylor Wooley, born January 4, 2000. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party shall not impair the other party's rights to shared legal custody of the child. Each party shall not alienate the affections of the child from the other party. With regard to any emergency decisions that must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. PHYSICAL CUSTODY: A. School Year: (1) FATHER: Father shall have primary physical custody of the child during the 2011-2012 School Year. The child shall be enrolled in the St. Patrick School. (2) MOTHER: Mother shall have partial physical custody of the child every other weekend beginning September 9, 2011, from 6:00 p.m. Friday to 6:00 p.m. Sunday. B. Summer Vacation: 1. Mother will have primary physical custody of the child from the first Sunday after the school year ends (this being June 10 in 2012) at 6:00 p.m. until 6:00 p.m., the Friday before the school year begins. 2. Father will have partial physical custody of the child every other weekend beginning with the weekend of June 22, 2012, from 6:00 p.m. Friday to 6:00 p.m. Sunday. 3. Father will be entitled to a two week consecutive summer vacation on condition that the vacation period coincide with one of his regularly scheduled weekends and that he give Mother notice of the intended vacation period prior to May 15th of each calendar year. 4. In order to maximize the Mother's custodial time in the summer of 2011, the child will not be permitted to attend the family trip to Michigan unless Mother specifically consents to the trip. 2 3. HOLIDAYS: . MOTHER'S DAY AND FATHER'S DAY: Mother small have custody on Mother's Day weekend from 6:00 p.m. on Friday until 6.00 p.m. on Sunday. Father shall have custody on Father's Day weekend from 6:00 p.m. on Friday until 6:00 p.m. Sunday. The parties will adjust their normally scheduled alternating weekends to accommodate this special weekend. L THANKSGIVING: The Thanksgiving Holiday will be divided into 2 segments. Segment A shall run from 6:00 p.m. the Wednesday before Thanksgiving until 6:00 p.m. the Friday after Thanksgiving. Segment B will run from 6:00 p.m, the Friday after Thanksgiving until 6:00 p.m. the Monday following Thanksgiving. Mother shall have custody of the child during Segment A in odd years and Segment B in even years. Father shall have custody of the child during Segment A in even years and Segment B in odd years. L,C. CHRISTMAS: The Christmas Holiday will be divided into 2 segments. Segment A shall run from 6:00 p.m. on the first day of the school Christmas vacation until Noon on December 26t". Segment B shall run from Noon on December 26th until 6:00 p.m. on the evening before school resumes in the New Year. Father shall have custody of the child during Segment A in odd years and Segment B in even years, Mother shall have custody of the child during Segment A in even years and Segment B in odd years. D. SPRING BREAK: Mother shall have custody of the child during the spring break vacation from 6:00 p.m. on Thursday, March 15, 2012 to 6:00 p.m. Sunday, March 18, 2012. 3 5. The level of conflict between these parties is very high. While both have made inappropriate comments about each other, the Court does find that Mother is more likely to directly disparage the Father to the child. 6. The Father, given the availability of his family and his finance has the better ability to provide appropriate child care arrangements. 7. Having been involved in this case since 2009 and having observed the demeanor of both parents, the Court finds that the Father is the more stable caregiver. 8. The child does love with her half-brother who is 4 years old and lives in the Father's home. 9. The child, being a very intelligent child, asked the Court if it was going to disclose her parental preference regarding custody to her parents. When the Court indicated that it would be required to disclose her preference since the matter was of record, the child would not disclose a preference. 10. The distance between the parents' homes prohibits a shared physical custody arrangement. 11. At this time, the best interest of the child will be served by granting Father primary physical custody during the school year. By the Court, Itk -? q?Al V M. L. Ebert, Jr., 0 J. Diane Radcliff, Esquire TRUE COPY FROM RECORD Attorney for Plaintiff anes thO 8" umonywhereof, I hwe unto set my tmnd of said Cou at Carlisle, Pa. 11 y 44--- 20 f/ zxct. K I" _ 4? rothonotary E. EASTER: The Easter Holiday will be divided into 2 segments. Segment A shall run from the Thursday before Easter at 6:00 p.m. until the Saturday before Easter at 6:00 p.m. Segment B will run from 6:00 p.m, the Saturday before Easter until 6:00 p.m. the Monday following Easter. Mother shall have custody of the child during Segment A in odd years and Segment B in even years. Father shall have custody of the child during Segment A in even years and Segment B in odd years. F. OTHER MAJOR HOLIDAYS - (Martin Luther King Day, Presidents' Day, Memorial Day, Labor Day, and Columbus Da : The parent having custody of the child for the weekend preceding the Monday Holiday shall have an extended period of custody until 6:00 p.m. Monday evening. 4. TRANSPORTATION: Exchanges shall occur at the Lancaster Exit No. 286 of the Pennsylvania Turnpike. No person transporting the child shall consume alcoholic beverages prior to or during transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages while transporting the child. 5. COMMUNICATION: Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to the child, or preventing the child from calling the other parent. In addition, the child shall be permitted regular mail and email access from and to both her parents. 6. NONAILENAT!ON: 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. It is specifically directed 4 that neither party shall disparage the other party's significant other in the presence of the child. Additionally, it is specifically directed that the parents are not to embroil the child in the acrimonious relationship between the parents. The parents are not to involve or influence the child in regard to negative inferences/statements against the other parent. 7. UPDATE HEARING: The parties will appear for an update hearing before this Court on March 30, 2012 at 10:00 a.m. in courtroom No. 2 of the Cumberland County courthouse. The Parties will be required to give an update as to their living situation, employment, and financial status. Copies of all the child's report cards up to March 30, 2012, from St. Patrick's school shall be provided to the Court. Additionally, the child will be required to be present at the hearing for an interview with the Court. 8. MODIFICATION: The parties may modify the provisions of this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. By the Court, h -? ?" \/ M. L. Ebert, Jr., J. Diane Radcliff, Esquire Attorney for Plaintiff Erin Wooley Defendant bas TRUE COPY.FROM RECORD M tes*=W wtomd, t hire, unto set n y Mend Uft? M of sMd OOO.Ot Caftles Pa. "? o? 241 .x......,, ?. prothonotary 5 Erin J. Wooley, Pro Se Defendant 3416 Barclay Street Philadelphia, PA 19129 bas Page 1 of 1 From: Erin Woolev Date: 8/18/2011 6:49:56 PM To: Diane Radcliff Dear Diane, This letter is to confirm that the mother of Taylor Wooley will not be able to avail herself to custody as defined in the Judge's order which she has yet to receive in the mail. Please consider the following: the father's communications are hostile and downright abusive. the father is not able to honor the drop off and pickup times in a timely manner. The custody order by the judge places an impossible burden on the mother. Communication with the father is so out of line that the mother finds it necessary to limit communications to civil ones only resulting in basically no communication. Because the father cannot drop off and pick up Taylor in a timely manner, weekend visits are not possible. Because the mother must work with little vacation time, weekday visits are not possible. Because the mother must pay for % of Taylor's support, alternative child care arrangements such as summer camp are not possible. The end results is that Taylor's mother is no longer able to exercise custody of her child. Taylor has been informed that she will not be seeing her mother again due to the above stated reasons. Taylor has also been informed that she will be able to see her mother again when she is able to make her own arrangements and drive herself to her mother's residence. file:///C:/Users/Diane/AppData/Local/IM/Runtime/Message/%7B8C51 C234-FE64-45FA-... 8/23/2011 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Erin Wooley 3416 Barclay Drive Philadelphia, PA 19129 (Defendant, pro se) DIA DCLIFF, ESQUIRE (Aft ne istration No 32112) ` 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliff(cD-comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff Dated: August 23, 2011 -8- JARED M. BAHR IN THE COURT OF COMMON PLEAS OFD N + PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA,4 ti ?- C':3 V. 2009-3794 CIVIL ACTION LAW -< ', v Cn ERIN J. WOOLEY Y IN CUSTOD DEFENDANT ORDER OF COURT AND NOW, Wednesday, September 14, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 18, 2011 at 9:30 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/ lagqueline M. Verney, Esq•.I? _ Custody Conciliator Y" 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 ?] p ?? 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? f/ for IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JARED M. BAHR, Plaintiff NO. 2009-3794 CIVIL TERMn g , V. CIVIL ACTION - LAW JP- ERIN WOOLEY, IN CUSTODY co , Defendant _ ORDER OF COURT" ° rn A ? 42N AND NOW, this 18 day of kbo,A , 2012, after consideration of the testimony given and exhibits admitted at the hearing held on March 30, 2012, and pursuant to the agreement of the parties, IT IS HEREBY ORDERED that: 1. ORDER OF COURT DATED AUGUST 12, 2011: The prior Order of Court dated August 12, 2011 regarding the parties, Jared M. Bahr, ("Father") and Erin Wooley, ("Mother") and their minor child, Taylor J. Wooley, born January 4, 2000, ("the Child") shall remain in full force and effect with the following modifications and additions. 2. EXCHANGE PLACE: All custody exchanges shall take place at Exit #286 (Lancaster- Ephrata-Reading- Route 222) of the Pennsylvania Turnpike. 3. EXCHANGE TIMES: The exchange time at the beginning of each of Mother's partial custody periods shall be at 7:00 p.m. The exchange time at the end of each of Mother's partial custody periods shall be at 5:00 p.m. The parties shall give each other thirty (30) minutes leeway when meeting for the custody exchanges. 4. TRANSPORTATION - ALCOHOL: No person transporting the child shall consume alcoholic beverages within three (3) hours prior to or during the transportation of the Child. No person transporting the Child shall be under the influence of any alcoholic beverages while transporting the Child. 5. SMOKING: Neither parent shall smoke in any part of a confined area with the Child present, and neither parent shall permit another other person to smoke in any part of a confined area with the Child present. BY THE COURT: VINVAIAI- ..lYRMan ?t, --? ?'a V `10 8,1 M.L. Ebe l Judge Distribution to: f Attorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Defendant Pro Se: Erin Wooley, 101 Park Drive, Doylestown, Pa 18901 led Cnp? ?lBl?? r 1.. 4, u J i i- r ?' Z JUIN - 8 PPS 2• F i rEWISY(-VAI i A' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JARED M. BAHR, Plaintiff NO. 2009-3794 CIVIL TERM Y V. CIVIL ACTION - LAW ERIN J. WOOLEY, IN CUSTODY Defendant ORDER ?A AND NOW, this % day of June, 2012, upon consideration of the within Motion, IT IS HEREBY ORDERED that Diane G. Radcliff, Esquire is hereby granted leave to withdraw her appearance as legal counsel for the Plaintiff, Jared M. Bahr. BY THE COURT M.L. Ebe , Jr., Judge Distribution to: Attorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Plaintiff: Jared Bahr, 192 Faith Circle, Carlisle, PA 17013 Defendant: Erin J. Wooley, 101 Park Drive, Doylestown, PA 18901 60P;es Ma. %d 'W f- l s 42P12 JUN 20 AN 8: ?.M'ERLr,r J CUL#;C PENNSYLVANIA Diane G. Radcliff, Esquire Supreme Court ID Number 32112 3348 Trindle Road, Camp Hill, PA 17011 Telephone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliffCaD-comcast.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JARED M. BAHR, Plaintiff NO. 2009-3794 CIVIL TERM V. CIVIL ACTION - LAW ERIN J. WOOLEY, IN CUSTODY Defendant PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary of the said Court: Pursuant to the attached Order of Court dated June 8, 2012, please withdraw the appearance of Diane G. Radcliff, Esquire, as Attorney for Plaintiff, Jared M. Bahr. Dated: June 20, 2012 Respectfully submitted, CIA DCLWf--- QUIRE u reme C rt ID #32112 3448 rindle Road, Camp Hill, PA 17011 Telephone: (717) 737-0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JARED M. BAHR, s., Plaintiff 2009-3794 CIVIL TERM NO N - - . 03 C-- y..: V CIVIL ACTION - LAW; t j14? . ERIN J. WOOLEY IN CUSTODY , Defendant ` ORDER AND NOW, this ? day of June, 2012, upon consideration of the within Motion, IT IS HEREBY ORDERED that Diane G. Radcliff, Esquire is hereby granted leave to withdraw her appearance as legal counsel for the Plaintiff, Jared M. Bahr. BY THE COURT L. Ebert, Jr., Judge Distribution to: Attorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Plaintiff: Jared Bahr, 192 Faith Circle, Carlisle, PA 17013 Defendant: Erin J. Wooley, 101 Park Drive, Doylestown, PA 18901 TRUE COPY FROM, P,FC C,! `-) In Testimony whereof, I here unto so.t.ry hand and the seal of said Cou at Carlisie, Pa. This 5? day of 20 _L-. ?Prootth-onotary CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on June 21, 2012 1 am serving a copy of the foregoing pleading as follows: Service by First Class Mail, Postage Prepaid and Addressed as Follows: Jared Bahr 192 Faith Circle Carlisle, PA 17013 (Plaintiff) Dated: June 20. 2012 Erin J. Wooley 101 Park Drive, Doylestown, Pa 18901 (Defendant) 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 JARED M. BAHR, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANI V. ERIN J. WOOLEY, DEFENDANT NO. 09-3794 CIVIL IN RE: CUSTODY CONCILIATION ORDER OF COURT AND NOW, this 12th day of July, 2012, IT IS HEREBY ORDERED AND DIRECTED that a custody conciliation conference shall be scheduled in this matter to discuss the following matters: 1. Allegation that Father has denied providing the health insurance card for child to Mother preventing Mother from obtaining medical care for child; 2. Determination as to where the child will attend school in the fall. The conciliation should be scheduled as soon as possible. By the Court, Jared Bahr, Pro Se Plaintiff 192 Faith Circle Carlisle, PA 17013 Erin J. Wooley, Pro Se Defendant 3416 Barclay Street. Philadelphia, PA 19129 Court Administrator S es Aa, lea 711x1n)- ?,rGL M. L. Ebert, Jr., bas n c rn z? J. 3> a c? r N -o O Lq -r? rn-, o _ . r-r JARED M. BAHR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN -,,:7-3: rnw ;Z3 rn V. 2009-3794 CIVIL ACTION LAW Nr- ? -- _ -a xlz: -<> „r C , r- z: < CD M ERIN J. WOOLEY z"" IN CUSTODY =t;; DEFENDANT ?.:? o {E ,. ? ? rye ORDER OF COURT AND NOW, Friday, July 13, 2012 , upon consideration of the attached Complai t, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the co ciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 21, 2012 _ at for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in di if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a to 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 Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: _/s/ Jacqueline M. Verney, Esq. 11 ---- Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Ame 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 arrangem must be made at least 72 hours prior to any hearing or business before the court. You must attend the schf 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 rpIPf 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Vey /7 _ r" e'Im7 e *.es 1Ic0ecy, 7/17//z A* AM ; or led a JARED BAHR, Plaintiff V. ERIN WOOLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-3794 IN CUSTODY ORDER OF COURT CIVIL ACTION -LAW AND NOW, this ~.3~ ~ day of ~ , 2012, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Orders of Court dated August 12, 2011 and October 14, 2011 shall remain in full force and effect with the following modifications. 2. Father shall provide Mother with updated medical insurance cards in a timely manner after receipt thereof. 3. The child shall continue to attend school at St. Patrick's in Carlisle, Pennsylvania. 4. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 5. 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. cc~Erin Wooley, pro se 101 Park Drive Doylestown, PA 18901 /Jared Bahr, pro se 192 Faith Circle Carlisle, PA 17013 BY THE COURT, M.L. Ebert, Jr., ~~o:~s /lra./~~ ~~a~~~ ~~. s ~ ;~~+ ~ ~~ ~ ~ .t - ~ «~ -~ -.E - JARED BAHR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2009-3794 CIVIL ACTION -LAW ERIN WOOLEY, Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1.915.3-8, 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 BIRTH CURRENTLY IN CUSTODY OF Taylor J. Wooley January 4, 2000 Father 2. A Conciliation Conference was held in this matter on August 21, 2012, with the following in attendance: The Father, Jazed Bahr, pro se. Mother, who sent a memo to Judge Ebert concerning the child's medical insurance cazd, which resulted in the order for a conciliation conference, did not attend. 3. The Honorable M. L. Ebert, Jr. previously entered Orders of Court dated August 21, 2011 and October 14, 2011 providing for shazed legal custody, Father having primary physical custody during the school yeaz and Mother having primary physical custody during the summer. An Order of Court dated July 12, 2012 ordered the scheduling of a conciliation conference to resolve the issues of a health insurance cazd and where the child would attend school in the fall. 4. Father provided evidence of sending the child's insurance card by certified mail, return receipt requested, restricted delivery to Mother and Mother signing for the receipt thereof. Father indicated that because Mother lived outside of the service azea, the health insurance card would not be effective at Mother's residence. Father further offered that the child was returned early to him for the summer and received medical care in this area. The child has previously attended school while in Father's physical custody and since Mother did not attend the conciliation conference, no change in the child's school placement was warranted. 5. The Conciliator recommends an Order in the form as attached. Date: ~ °~~ ~~ ~- ~ M ac line M. Verney, Esquire Custody Conciliator