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HomeMy WebLinkAbout09-6328t DAVID L. KILLIAN, Plaintiff vs. DANIELLE LEE BAKER, and SERGIO GARCIA, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. d qt- 1- 32 Civil Term IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is David L. Killian, (hereinafter refer red to as "Step-Grandfather"),; who currently resides at 100 Fairview Street, Carlisle, Cumberland County, Pennsylvania, 17015. He is forty-six (46) years old. 2. Defendant, Danielle Lee Baker, (hereinafter referred to as "Mother"), currently resides at 435 King Street, Shippensburg, Cumberland County, Pennsylvania. She is nineteen (19) years old. Defendant, Sergio Garcia's (hereinafter referred to as "Father"), whereabouts are unknown. 3. Plaintiff is the Step-grandfather of the following child and seeks a custody Order regarding the following child: NAME DOB/AGE ADDRESS Isabella Garcia 8/31/2008 (1) 100 Fairview Street, Carlisle, Pa. 17013 The child has lived in Step-grandfather's home since birth. Step-grandfather is in loco parentis to the child and currently has physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME David L. Killian Danielle L. Baker, mother ADDRESSES 100 Fairview St. Carlisle, Pa. 17015 DATES Birth - Beg. of Aug. '09. David L. Killian 100 Fairview St. Beg. of Aug. - present. Carlisle, Pa. 17015 • 16 The mother of the child is Danielle Lee Baker. She currently resides at 435 'King Street, Shippensburg, Cumberland County, Pennsylvania. She is not married. The father of the child is Sergio Garcia. His whereabouts are unknown and 'it is not known if he is married. 4. The relationship of plaintiff to the child is that of Step-grandfather. The plaintiff currently resides with the child. 5. The relationship of the defendant, Danielle Lee Baker, to the child is that of Mother. The defendant currently lives with her mother. The relationship of the defendant, Sergio Garcia, to the child is that of Father. Father's whereabouts are unknown. 6. Plaintiff has not participated as a party or witness, or in another capacity, 'in other litigation concerning the custody of the child in this or another court other than as follows: Step-grandfather is aware of some Children and Youth involvement with Mother but does not believe the child was ever found dependent Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: nma caretaker for the child since birth At the beginning of August 2009 ^Mother',left the home without the child and the child remained in Step-grandfather's care. Mother is nnw livinn %AAfk o k^KIF.---14 ..- .......a_--_. welfare and mother's ability to care for the child He is in loco parentis to the child and is requesting an Order that provides him with primary custody of the child Immediately after the child was born Mother and the child came to live in St'ea 8. 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 parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody Order regarding the child. Respectfully submitted, oate q/a3/o9 ,Dane Adams, Esquire I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody 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. do, il 0? Date: q /?- o ? David L. Killian, Plaintiff P'll 23 ol c.; Cb- jO a7 230 43(- I DAVID L. KILLIAN, vs. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. D 9- 6 3a9 DANIELLE LEE BAKER, and IN CUSTODY SERGIO GARCIA, Defendants PETITION FOR SPECIAL RELIEF Civil Term 1. Plaintiff is David L. Killian, (hereinafter referred to as "Step-Grandfather"), who currently resides at 100 Fairview Street, Carlisle, Cumberland County, Pennsylvania, 17015. He is forty-six (46) years old. 2. Defendant, Danielle Lee Baker, (hereinafter referred to as "Mother"), currently resides at 435 King Street, Shippensburg, Cumberland County, Pennsylvania. She is nineteen (19) years old. 3. Defendant, Sergio Garcia's (hereinafter referred to as "Father"), whereabouts are unknown. 4. Plaintiff is the Step-grandfather of the following child and seeks a custody Order regarding the following child: NAME DOB/AGE ADDRESS Isabella Garcia 8/31/2008 (1) 100 Fairview Street, Carlisle, Pa. 17013 5. Step-grandfather has known Mother her whole life. He was never married to maternal grandmother, but lived with her on and off for over twenty years, helped raise Mother, and at one point, had custody of Mother. 6. After the child's birth, Mother (who is now nineteen) and the child lived in Step-Grandfather's home through the beginning of August, 2009. 7. Step-grandfather is forty-six, but is disabled due to an injury in the course of his employment. He does not work and has been the primary caregiver for the child since birth. 8. In May 2009, Mother signed a notarized statement indicating she wanted Step-grandfather to have primary physical custody of the child. 9. At the beginning of August 2009, Mother left Step-grandfather's home without the child. She moved in with her boyfriend or Mother, but is not stable financially and does not have stable living arrangements. 10. Several times since September 8, 2009, Mother has requested and obtained physical custody of the child. Although she returned the child each time, Mother did not return at the time she initially indicated, and left the child with unknown caregivers while she was working. 11. Step-grandfather is extremely concerned about the child's welfare and whereabouts when in Mother's care and when in unknown caregivers designated by Mother. 12. Although Step-grandfather is not a blood relative to the child, he has provided a stable, safe, and loving home for the child since birth, has been the child's primary caregiver, and stands in loco parentis to the child. 13. On September 21, 2009, Mother went to Step-grandfather's home. The police were called, and came to the home, however, after this incident, the child remained with Step-grandfather. 14. Mother is nineteen. She is not stable financially or emotionally and has had numerous legal troubles. 15. On September 21, 2009, after Mother went to Step-grandfather's home, She was taken to jail by the State Police on a bench warrant for non-payment of fines relating to underage drinking. She was later released after payment of her fines. 16. Children and Youth has had ongoing concerns and contact with this extended family. However, Children and Youth has not expressed any concerns regarding the child remaining in Step-grandfather's home, or attempted to remove the child from Step-grandfather's home. 17. Step-grandfather is requesting an Order which grants him primary custody and shared legal custody of the child, based on his in loco parentis status. 18. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) Such relief would ensure that the child remains in the same home, with the same caregiver, that she has been with since birth. (b) Such relief would ensure the safety and stability of the child. (c)Such relief would ensure that the child does not move to another jurisdiction pending further hearing or conciliation. WHEREFORE, Plaintiff requests the court to enter a custody Order regarding the child, granting him primary physical custody of the child. oate Respectfully submitted, ne Adams, Esquire . No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody 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: 01 O? O David L. Killian Plain tiff Ur TH'F 2099 SE P 23 Jt174 rd, 230-237 DAVID L. KILLIAN, Plaintiff vs. DANIELLE LEE BAKER, and SERGIO GARCIA, Defendants AND NOW, this /?8 SEP z 5 ws 4 j IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O 5- ?'ry Civil Term IN CUSTODY ORDER OF COURT Jay of S t to tWAa , 2009, upon consideration of the Attached Petition for Special Relief, the following Order is hereby issued: 1. Pending further Order of court in this matter, primary physical custody of Isabella Garcia, born 8/31/08, shall remain with David L. Killian. 2. The parties shall share physical custody of the child. 3. The Court Administrator's office is directed to schedule an expedited conciliation conference to fully address the issues presented in this matter. BY THE COURT: CkAA t J. cc: d'ane Adams, Esquire Danielle Lee Baker, Mother Persor`CLN 40.nae-? Sergio Garcia, Father eou'rk- ??= s (n J?&e- OF THE 2004 SEA' 26 hi 2: 3 r f? DAVID L. KILLIAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-6328 CIVIL ACTION LAW DANIELLE LEE BAKER AND SERGIO GARCIA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, September 30, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, October 12, 2009 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john j. Mangan, r. Es q. )io Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4. OCT 19 2009 03 DAVID KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-6328 CIVIL ACTION LAW DANIELLE L. BAKER and SERGIO IN CUSTODY GARCIA, Defendants Prior Judge: M.L. Ebert, Jr., J. ORDER OF COURT Bch AND NOW this I9 day of October 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custodv: The Step-Grandfather, David Killian, and the Mother, Danielle Baker, shall have shared legal custody of Isabella Garcia, born 08/31/2008. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: David Killian shall have primary physical custody of Isabella subject to Mother partial physical custody as the parties may agree. In the absence of agreement, or until further Order of Court, Mother's periods of physical custody shall occur at David Killian's residence. 3. The non-custodial party shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parties shall arrange a holiday schedule as mutually agreed upon. 5. Disparaging Remarks: Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other party, their spouse or relatives, or injure the Child's opinion of the other party or which may hamper the free and natural development of the Child's love and respect for the other party. 6. Emergency decisions regarding the Child shall be made by the party then having custody. The parties shall keep each other advised immediately relative to any emergencies concerning the Child and shall further take any necessary steps to ensure that the health, welfare and well- being of the Child is protected. During such illness, each party shall have the right to visit the Child as often as he or she desires, consistent with the proper medical care of the Child. The ... term "serious illness" as used shall mean any disability which confines the Child to bed for a period in excess of seventy-two (72) hours and which places the Child under the direction of a licensed physician. 7. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. 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. Nothing in this Order shall preclude any party (Step-Grandfather, Mother or Father) from filing a petition to modify if there is a change in circumstances or if Father is inclined to assert his parental rights in the instant action. Distribution: Zanielle Baker, 131 Heron Way, Carlisle, PA 17013 ::? robn e Adams, Esq. J. Mangan, Esquire By the Court, J. DAVID KILLIAN, Plaintiff V. DANIELLE L. BAKER and SERGIO GARCIA, Defendants Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-6328 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Isabella Garcia 08/31/2008 Primary Step-Father 2. An Order of Court was issued 09/28/09 and a Conciliation Conference was held with regard to this matter on October 16, 2009 with the following individuals in attendance: The Mother, Danielle Baker, pro se The Father, Sergio Garcia, did not appear The Step-Grandfather, David Killian, with his counsel, Jane Adams, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo J. an, Esquire C od onciliator FILED 0-' iuG OF k t iC. pr'r . ; ",1 a17AFY 2009 OCT 2O A 8: 53 !i` c U, DAVID KILLIAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-6328 CIVIL TERM DANIELLE L. BAKER and SERGIO GARCIA, cn Defendants CUSTODY r-> -0:3: :; = -n m PETITION FOR CONTEMPT AND MODIFICATION co n o x G0 s? =-n Petitioner is Defendant, Danielle Baker. Defendant, by and through her counv? ??' MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Mother, resides at 98 Fairview Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent, hereinafter referred to as Step-Grandfather, had a last known address of 100 Fairview Street, Carlisle, Cumberland County, Pennsylvania 17013. Step- Grandfather moved to York County in December 2010 and has refused to provide Mother with his current address. 3. The above-named parties are the biological mother and the step-grandfather of Isabella Garcia, born August 31, 2008. 4. A custody order was entered in this case on October 19, 2009, by The Honorable M. L. Ebert, Jr. The Order, in pertinent part, gives the parties shared legal custody. Step-Grandfather has primary physical custody and Mother had periods of partial physical custody as agreed upon by the parties. Defendant Garcia, the biological father of Isabella, did not participate in this litigation and is not involved in Isabella's life. (See Attached Exhibit A). 5. Step-Grandfather has willfully disobeyed the current Order, and is not acting in Isabella's best interests in ways including, but not limited to, the following: a. Step-Grandfather has been arbitrary in determining when Mother can see Isabella and withholds custody from Mother if he becomes angry or upset with Mother. b. Step-Grandfather relocated to York County with Isabella without Mother's consent or court order permitting such a move. This came after Mother moved next door to Step-Grandfather in order to make it easier to facilitate time with Isabella. c. Step-Grandfather refuses to work cooperatively with Mother to help ensure an ongoing mother/daughter relationship with Isabella. d. Step-Grandfather has made false allegations against Mother and is using those allegations to prevent Mother from seeing or speaking to Isabella. e. Step-Grandfather would not provide Mother with his new address, thus further interfering with Mother's ability to maintain her relationship with Isabella. 6. Mother is entitled to a modification of the current order, which is in Isabella's best interest, for reasons including but not limited to the following: a. Mother has sought to maintain a relationship with Isabella, despite Step- Grandfather's repeated interference with that goal. b. Mother has a safe and stable home environment in which to exercise periods of partial physical custody with Isabella and in fact frequently had Isabella overnight at her residence since Mother lived next door to Step-Grandfather. c. Mother is committed to maintaining her mother/daughter relationship with Isabella. d. Mother is willing to work cooperatively with Step-Grandfather to work together in Isabella's best interests. 7. Counsel for Mother has confirmed that Attorney Jane Adams does not currently represent Step-Grandfather and therefore it is unknown as to whether Step- Grandfather concurs with the relief requested in this petition. WHEREFORE, Mother respectfully requests that this Court find the following: 1. Plaintiff is in contempt of the October 19, 2009, Custody Order. 2. This matter is scheduled for conciliation before on 2011, at .m. 3. The parties shall continue to share legal custody of the child, Isabella Garcia, born August 31, 2008. 4. Defendant Baker's visits with Isabella shall immediately be reinstated and Defendant shall have Isabella at least every other weekend from Friday at 12:00 noon until Sunday at 7:00 p.m. with the receiving party responsible for transportation. 5. The parties shall have reasonable contact via telephone and written correspondence with Isabella when she is in the other party's custody. Respectfully submitted, J ssica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named DEFENDANT, DANIELLE L. BAKER, verifies that the statements made in the above Petition for contempt and modification are true and correct. DEFENDANT understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. yrs.-, Date: l.T ANIELL L. BAKER OCT 19 2009 ? 03 DAVID KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-6328 CIVIL ACTION LAW DANIELLE L. BAKER and SERGIO IN CUSTODY GARCIA, Defendants Prior Judge: M.L. Ebert, Jr., J. ORDER OF COURT AND NOW this day of October 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Step-Grandfather, David Killian, and the Mother, Danielle Baker, shall have shared legal custody of Isabella Garcia, bom 08/31/2008. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: David Killian shall have primary physical custody of Isabella subject to Mother partial physical custody as the parties may agree. In the absence of agreement, or until further Order of Court, Mother's periods of physical custody shall occur at David Killian's residence. The non-custodial party shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parties shall arrange a holiday schedule as mutually agreed upon. Disparaging Remarks: Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other party, their spouse or relatives, or injure the Child's opinion of the other party or which may hamper the free and natural development of the Child's love and respect for the other party. 6. Emergency decisions regarding the Child shall be made by the party then having custody. The parties shall keep each other advised immediately relative to any emergencies concerning the Child and shall further take any necessary steps to ensure that the health, welfare and well- being of the Child is protected. During such illness, each party shall have the right to visit the Child as often as he or she desires, consistent with the proper medical care of the Child. The ihl,?K,r A term "serious illness" as used shall mean any disability which confines the Child to bed for a period in excess of seventy-two (72) hours and which places the Child under the direction of a licensed physician. 7. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 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. Nothing in this Order shall preclude any party (Step-Grandfather, Mother or Father) from filing a petition to modify if there is a change in circumstances or if Father is inclined to assert his parental rights in the instant action. istribution: anielle Baker, 131 Heron Way, Carlisle, PA 17013 J e Adams, Esq. hn J. Mangan, Esquire ,if c es m?a t By the Court, . ?* I ?? \ J. DAVID KILLLAN, Plaintiff V. DANIELLE L. BAKER and SERGIO GARCIA, Defendants Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-6328 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Isabella Garcia 08/31/2008 Primary Step-Father Date 2. An Order of Court was issued 09/28/09 and a Conciliation Conference was held with regard to this matter on October 16, 2009 with the following individuals in attendance: The Mother, Danielle Baker, pro se Tlie Father, Sergio Garcia, did not appear The Step-Grandfather, David Killian, with his counsel, Jane Adams, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Id//?/may Jo J. an, Esquire C od onciliator OF THE PP`7 - !ARY 2909 OCT 20 AM 8: 53 t 17 DAVID KILLIAN, Plaintiff vs. DANIELLE L. BAKER and SERGIO GARCIA, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-6328 CIVIL TERM CUSTODY CERTIFICATE OF SERVICE I, Jessica Hoist, Esquire, of MidPenn Legal Services, attorney for Defendant, Danielle L. Baker, hereby certify that I have served a copy of the forgoing Petition for Contempt and Modification by: USPS First Class Mail. Certified Mail. Electronic Receipt Requested: David Killian 100 Fairview Street Carlisle, PA 17013 Date: of• /9. ll ca Hoist, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 l? DAVID KILLIAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. DANIELLE L. BAKER and SERGIO GARCIA, Defendants NO. 09-6328 CIVIL TERM : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Danielle L. Baker, Defendant, to proceed in forma ap uperis. Cl) 0 =1 -n = ran r=- ;0 r N °° D Z O C7 : -t d a-n 20 on I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. *JessAolst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 DAVID KILLIAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAI A E- _0 a„ _ - M . M n rF2 Ft V 2009-6328 CIVIL ACTION LAW cr. r- - ri :---) tz:; DANIELLE L. BAKER AND SERGIO = GARCIA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, February 11, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 24, 2011 at 9:00 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporarv 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! John 1 Man an,.Ir., Esq., Custody Conciliator 1 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DAVID K LLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-6328 CIVIL ACTION LAW, c GJ ?1 DANIELL E L. BAKER and SERGIO IN CUSTODY rn m x-,.. rn GARCIA i? r Defendants vii C.5 - Prior Judg c 3 : M.L. Ebert, Jr., J. Z'c CD-rl : 5 ORDER OF COURT r'v `w A A NOW this _5 day of April 2011, upon consideration of the attached Custody Conciliatio n Report, it is Ordered and Directed as follows: 1. Mo her's Petition for Contempt is hereby DISMISSED upon agreement of the parties. 2. Legal Custod : The Step-Grandfather, David Killian, and the Mother, Danielle Baker, shall ha shared legal custody of Isabella Garcia, born 08/31/2008. The parties shall have an equal rift 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. Pur uant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the ame, or copies thereof, with the other parent within such reasonable time as to make the rec rds and information of reasonable use to the other parent. 3. Ph sical Custod : David Killian shall have primary physical custody of Isabella subject to Mo her partial physical custody as follows: Commencing March 26, 2011, until Mother obtains suitable independent housing, Mother shall have custody/visitation on alternating weekends on Saturday and Sunday from 9:00 am until 7:00 pm and absent agreement otherwise, the Child shall spend the night between these two days at David Killian's mother's house (next door to where Mother currently lives). The parties have agreed to attempt to do this arrangement more frequently if schedules permit. Once Mother has obtained adequate housing, Mother shall be entitled to have custody on alternating weekends from Friday 6:00 pm until Sunday 6:00 pm. The Mother shall have additional periods of custody as the parties may mutually agree. 4. The non-custodial party shall have liberal telephone contact with the Child on a reasonable 5. Hol?days: The parties shall arrange a holiday schedule as mutually agreed upon. 6. Dis araging Remarks: Each of the parties and any third party in the presence of the Child shall tak all measures deemed advisable to foster a feeling of affection between the Child and the oth' r party. Neither party shall do nor shall either parent permit any third person to do or say an hing which may estrange the Child from the other party, their spouse or relatives, or injure the Child's opinion of the other party or which may hamper the free and natural development of the Child's love and respect for the other party. 7. Emergency decisions regarding the Child shall be made by the party then having custody. The parties shall keep each other advised immediately relative to any emergencies concerning the Child and shall further take any necessary steps to ensure that the health, welfare and well- being of the Child is protected. During such illness, each party shall have the right to visit the Chid as often as he or she desires, consistent with the proper medical care of the Child. The terrh "serious illness" as used shall mean any disability which confines the Child to bed for a period in excess of seventy-two (72) hours and which places the Child under the direction of a licensed physician. 8. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of int xication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. Thi the F Distrib V Jessica Jane A, ? John J. Order is entered pursuant to a Custody Conciliation Conference. The parties may modify )rovisions of this Order by mutual consent. In the absence of mutual consent, the terms of Order shall control. Nothing in this Order shall preclude any party (Step-Grandfather, her or Father) from filing a petition to modify if there is a change in circumstances or if [er is inclined to assert his parental rights in the instant action. Esq. Esq. an, Esquire By the Court, DAVID KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Iv No. 09-6328 CIVIL ACTION LAW DANIELL L. BAKER and SERGIO IN CUSTODY GARCIA, Defendants Prior Judge: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1 2. 3 Date The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Isabella Garcia 08/31/2008 Primary Step-Father An Order of Court was issued 09/28/09, a Conciliation Conference was held with regard to this matter on October 16, 2009, an Order issued October 19, 2009 and conference was held March 24, 2011 in regard to Mother's petition for contempt/modification with the following individuals in attendance: The Mother, Danielle Baker, MidPenn Legal Services, Jessica Holst, Esq. The Father, Sergio Garcia, did not appear The Step-Grandfather, David Killian, with his counsel, Jane Adams, Esq. The parties agreed to the entry of an Order in the form as attached. John J /M gan, Esquire Cust dy onciliator DAVID KILLIAN, Respondent vs. DANIELLE L. BAKER Petitioner SERGIO GARCIA, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6328 CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS tom- r a Y yj 1') -\ tD Hwy Mit E Y +-'iT E3 ?....t . To the Prothonotary: Kindly allow, Danielle L. Baker, Petitioner, to proceed in forma ap uperis. I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am provii^nAfree legal services to the party. Jesc 14ol'st,,lEsquire Mi Penn Legal Services 401 East Louther Street Carlisle, PA 1701:3 (717) 243-9400 DAVID KILLIAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAI PA -' V. -? 2009-6328 CIVIL ACTION LAW= DANIELLE L. BAKER, SERGIO GARCIA IN CUSTODY I ITF.NDANT r, - ORDER OF COURT AND NOW. Tuesday, Januar y 31, 2012 upon consideration of the attached Compla int, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 24, 2012 at 2:30 PM 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/ john f. Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IFYOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE: OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street ?. rna?L/ & ,iffy e4*- ropy ,eft twd . ,e0 pV yn&, t' /id /7 • Cop/ ,"a,G`? f f? 179911JC7o - Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,1,, el f d77 ,- .2/1/iZ r7 /- DAVID KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-6328 CIVIL ACTION LAW DANIELLE L. BAKER and SERGIO IN CUSTODY GARCIA, Defendants Prior Judge: M.L. Ebert, Jr., J. ORDER OF COURT AND NOW this 15 day of March 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Step-Grandfather, David Killian, and the Mother, Danielle Baker, shall have shared legal custody of Isabella Garcia, born 08/31/2008. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: David Killian shall have primary physical custody of Isabella subject to Mother's partial physical custody on a repeating two week schedule as follows: a. Commencing March 07, 2012, for a period of two months, Mother shall have custody every Wednesday from 9 am until 7 pm. Mother shall also have custody on alternating weekends from Saturday 9 am until Sunday 7 pm to commence 03/17/12. b. Commencing May 02, 2012, in week one, Mother shall have custody on Wednesday 9 am until Thursday 7 pm. In week two, Mother shall have custody Wednesday 9 am until 7 pm and then from Friday 9 am until Sunday 7 pm. c. Mother shall pick up the Child for the 9 am times and step-grandfather shall pick up the Child at the 7 pm times. d. The Mother shall have additional periods of custody as the parties may mutually agree. Schedule for two months (G=grandfather M=mom) Monday Tuesday Wednesday Thursday Friday Saturday Sunday G G G M G G G G G G G M G G G M M G Schedule after two months (G=grandfather M=mom) Monday Tuesday Wednesday Thursday Friday Saturday Sunday G G G M M G G G G G G G M G G M M M G 4. The non-custodial party shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parties shall arrange a holiday schedule as mutually agreed upon. In the absence of agreement, the parties shall adhere to the schedule as attached. 6. Disparaging Remarks: Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither parry shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other party, their spouse or relatives, or injure the Child's opinion of the other party or which may hamper the free and natural development of the Child's love and respect for the other party. 7. Emergency decisions regarding the Child shall be made by the party then having custody. The parties shall keep each other advised immediately relative to any emergencies concerning the Child and shall further take any necessary steps to ensure that the health, welfare and well- being of the Child is protected. During such illness, each party shall have the right to visit the Child as often as he or she desires, consistent with the proper medical care of the Child. The term "serious illness" as used shall mean any disability which confines the Child to bed for a period in excess of seventy-two (72) hours and which places the Child under the direction of a licensed physician. 8. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: ? Jessica Holst, Esq. Jane Adams, Esq. John J. Mangan, Esquire ?©p ? es yha.'(?d 31?.??ia By the Court, J. M cn ;r _5 1„"- C-) " r TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Day 1St Half From 9 am until 3 m Grandfather Mother Easter Da 2n Half From 3 m until 9 m Mother Grandfather Memorial Day From 9 am until 9 pm Mother Grandfather Independence Day From 9 am until 9 m Grandfather Mother Labor Day From 9 am until 9 m Mother Grandfather Halloween From one hour before trick or Grandfather Mother treating to one hour after trick or treating Thanksgiving 1St From 8 am Thanksgiving Day to 2 Grandfather Mother Half m on Thanksgiving Day Thanksgiving 2" From 2 pm on Thanksgiving Day to Mother Grandfather half noon the day after Thanksgiving Day Christmas 1St Half From noon on 12/24 to noon on Grandfather Mother 12/25 Christmas 2" Half From noon on 12/25 to noon on Mother Grandfather 12/26 New Year's From 6 pm 12/31 until noon January Mother Grandfather 1" (with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 9 m Mother Mother DAVID KILLIAN, Plaintiff V. DANIELLE L. BAKER and SERGIO GARCIA, Defendants Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-6328 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Isabella Garcia 08/31/2008 Primary Step-Father 2. An Order of Court was issued 09/28/09, a Conciliation Conference was held with regard to this matter on October 16, 2009, an Order issued October 19, 2009, conference was held March 24, 2011, an Order issued April 25, 2011 and a conference was held March 06, 2012 in regard to Mother's petition for modification with the following individuals in attendance: The Mother, Danielle Baker, MidPenn Legal Services, Jessica Holst, Esq. The Father, Sergio Garcia, did not appear The Step-Grandfather, David Killian, with his counsel, Jane Adams, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 3A ----------- - Da Jo an, Esquire C tody nciliator DAVID KILLIAN, Plaintiff V. DANIELLE L. BAKER and SERGIO GARCIA, Defendants IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA : No.: 09-6328 CIVIL ACTION -LAW IN CUSTODY TO THE PROTHONOTARY OF SAID COURT: mmx- C_- Please withdraw my appearance on behalf of the Planitiff, David Killianin the above- captioned matter. DATE )/ck Respectfully submitted, fi' Adams, Esquire 1 ;/West South Street arlisle, PA 17013 (717) 245-8508 Attorney ID # 79465 Please enter my appearance on behalf of the Plaintiff, David Killian, in the above-captioned matter. Respectfully submitted, ABOM&SUTULA"S, L.L.P. DATE 4I 1 ? 1-2, Michelle L Sommer squire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney ID # 93034 JOHN F. KING LAW, P.C. 1 �f'v John F. King, Esquire /li J hi,p 9 ID #6191 ` 30 F l `; 4076 Market Street tt �1 z�= Camp Hill, PA 17011 Attorney diang *1V h y 717-695-2222 /717-695-2207 FAX DAVID KILLIAN, • IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • No. 09-6328 DANIELLE L. BAKER and • SERGIO GARCIA • CIVIL ACTION - LAW Defendant : IN CUSTODY PREVIOUS CONCILIATOR: John J. Mangan, Esq. PREVIOUS JUDGE: Hon. M.L. Ebert, Jr. PLAINTIFF'S PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. The Petitioner is David Killian, Plaintiff in the above-captioned action, and Step- Grandfather of the minor child, with a current address of 565 River Drive, York Haven, York County, PA 17370. 2. The first Respondent is Danielle L. Baker, Defendant, in the above-captioned action, and Mother of the minor child, with a current address of 385 Northeast Street, Carlisle, PA 17013. 3. The second Respondent is Sergio Garcia, who was originally identified in the caption, and whose whereabouts are unknown. It is further averred that Ms. Baker and Mr. Garcia separated during the pregnancy of the subject child, and paternity has never been established. IOWA ( ate CIS--1- aq?3 pf-%olo9(9 4. The Petition of Plaintiff respectfully represents that on the 15th day of March, 2012, an Order of Court was entered by the Honorable M.L. Ebert, Jr., for the custody and visitation of the subject minor child, Isabella Garcia, (DOB: 08/31/2008), a true and correct copy of which is attached hereto and marked as Exhibit"A". 5. This Order should be modified because: A. The current Order was entered by agreement after conciliation on March 15, 2012. B. The current Order allows for Mother to have alternating weekends from Friday evening until Sunday evening, alternating Wednesdays, from Wednesday evening until Thursday evening, and alternating Wednesdays from 9:00 AM until 7:00 PM. C. After the entry of the current Order on March 15, 2012, Mother exercised one weekend visit and one Wednesday visit under the terms of the Order, and then exercised no periods of custody as allowed by the Order until December 20, 2013. D. Petitioner received a correspondence from legal counsel in early December advising him that Mother would be recommencing her visitation beginning on December 11, 2013. However, Mother failed to show up on the day identified to pick up the child. E. Subsequently, Mother did exercise a custodial weekend from December 20 to December 22, 2013. F. The subject child was required to sleep in the same bed as Mother and her paramour. DAVID KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA v. No.09-6328 CIVIL ACTION LAW DANIELLE L. BAKER and SERGIO IN CUSTODY GARCIA, • Defendants Prior Judge: M.L. Ebert, Jr.,J. ORDER OF COURT �h t AND NOW this 3 day of March 2012,upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Step-Grandfather, David Killian,and the Mother,Danielle Baker,shall have shared legal custody of Isabella Garcia,born 08/31/2008. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including,but not limited to,all decisions regarding 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 of the other parent. To the extent one parent has possession of any such records or information,that parent shall be required to share the same,or copies thereof,with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: David Killian shall have primary physical custody of Isabella subject to Mother's partial physical custody on a repeating two week schedule as follows: a. Commencing March 07, 2012, for a period of two months,Mother shall have custody every Wednesday from 9 am until 7 pm. Mother shall also have custody on alternating weekends from Saturday 9 am until Sunday 7 pm to commence 03/17/12. b. Commencing May 02,2012,in week one,Mother shall have custody on Wednesday 9 am until Thursday 7 pm. In week two,Mother shall have custody Wednesday 9 am until 7 pm and then from Friday 9 am until Sunday 7 pm. c. Mother shall pick up the Child for the 9 am times and step-grandfather shall pick up the Child at the 7 pm times. d. The Mother shall have additional periods of custody as the parties may mutually agree. Schedule for two months(G=grandfather M=mom) Monday Tuesday Wednesday Thursday _ Friday Saturday Sunday G G G M G G G G G G _ G M G G G M M 1G Schedule after two months(G=grandfather M=mom) Monday Tuesday Wednesday Thursday , Friday Saturday Sunday G G G M M G G G G G G G M G G IM M M JG 6K4., 4. The non-custodial party shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parties shall arrange a holiday schedule as mutually agreed upon. In the absence of agreement,the parties shall adhere to the schedule as attached. 6. Disparaging Remarks: Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other party,their spouse or relatives,or injure the Child's opinion of the other party or which may hamper the free and natural development of the Child's love and respect for the other party. 7. Emergency decisions regarding the Child shall be made by the party then having custody. The parties shall keep each other advised immediately relative to any emergencies concerning the Child and shall further take any necessary steps to ensure that the health,welfare and well- being of the Child is protected. During such illness,each party shall have the right to visit the Child as often as he or she desires,consistent with the proper medical care of the Child. The term"serious illness"as used shall mean any disability which confines the Child to bed for a period in excess of seventy-two (72)hours and which places the Child under the direction of a licensed physician. 8. During any periods of custody or visitation,the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure,to the extent possible,that other household members and/or house guests comply with this provision. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent,the terms of this Order shall control. By the Court, A J Distribution: ' ✓ Jessica Hoist,Esq. Jane Adams,Esq. ✓ John J. Mangan,Esquire i N z rn rn r- 6p;es Ala:led 31K/a a -urn F-I" 37 o i _� Z --4 r • w TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Day 1st Half From 9 am until pm Grandfather Mother Easter Day 2nd Half From 3 pm until 9 pm Mother Grandfather Memorial Day From 9 am until 9 pm Mother Grandfather Independence Day From 9 am until 9 pm Grandfather Mother Labor Day From 9 am until 9 pm Mother Grandfather Halloween From one hour before trick or Grandfather Mother treating to one hour after trick or treating Thanksgiving 1st From 8 am Thanksgiving Day to 2 Grandfather Mother Half pm on Thanksgiving Day Thanksgiving 2nd From 2 pm on Thanksgiving Day to Mother Grandfather half noon the day after Thanksgiving Day Christmas 1s`Half From noon on 12/24 to noon on Grandfather Mother 12/25 Christmas 2nd Half From noon on 12/25 to noon on Mother Grandfather 12/26 New Year's From 6 pm 12/31 until noon January Mother Grandfather 1st(with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 9 pm Mother Mother VERIFICATION I, David Killian, hereby acknowledge that I am the Plaintiff in the foregoing action;that I have read the foregoing Petition for Modification of Custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. eft:- David Killian Dated: January o? , 2014 DAVID KILLIAN, • IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • v. • No. 09-6328 DANIELLE L. BAKER and SERGIO GARCIA • CIVIL ACTION - LAW Defendant • IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, David Killian, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 PA.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence All That Household Conviction Apply Member Guilty Plea,No Contest Plea or Pending Charges • ;-,c:_,• fi ` + `r_ r ❑ 18 PaC.S. Ch 25 ❑ ❑ vr a (relating to criminal r- " homicide) �r.. � _�_. cz (:: ❑ 18 PaC.S.§2702 ❑ ❑ - r G.� (relating to aggravated assault) ❑ 18 PaC.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ 18 PaC.S. §2709.1 ❑ ❑ (relating to stalking) ❑ 18 PaC.S. §2901 ❑ ❑ (relating to kidnapping) ❑ 18 PaC.S. §2902 ❑ ❑ (relating to unlawful restraint) ❑ 18 PaC.S. §2903 ❑ ❑ (relating to false imprisonment) ❑ 18 PaC.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ 18 PaC.S. §2910 ❑ El (relating to luring a child into a motor vehicle or structure) ❑ 18 PaC.S. §3121 ❑ ❑ (relating to rape) ❑ 18 PaC.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 PaC.S. §3123 ❑ El (relating to involuntary deviate sexual intercourse) ❑ 18 PaC.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑ 18 PaC.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 PaC.S. §3126 ❑ ❑ (relating to indecent assault) ❑ 18 PaC.S. §3127 ❑ ❑ (relating to indecent exposure) ❑ 18 PaC.S. §3129 ❑ ❑ (relating to sexual intercourse with animal) ❑ 18 PaC.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 PaC.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 PaC.S. §4302 ❑ ❑ (relating to incest) ❑ 18 PaC.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 PaC.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 PaC.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 PaC.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 PaC.S. §5903(c) ❑ ❑ or(d) (relating to obscene and other sexual materials and performances) ❑ 18 PaC.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ 18 PaC.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 PaC.S. §6318 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 PaC.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 18 PaC.S. §6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sale, ❑ ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date All That Household Apply Member ❑ A finding of abuse by a ❑ ❑ Children& Youth Agency of similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined ❑ ❑ under the Protection from Abuse act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history,please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification of utho 'ties. i i /,1,,(4-4,,,,,„ Signature .'.Alit h , efi,,,,,ii Printed Name MIMIMMINIMMENN DAVID KILLIAN, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-6328 DANIELLE L. BAKER and : SERGIO GARCIA : CIVIL ACTION - LAW --ea c 71°;." Defendant : IN CUSTODY Cie) C.A3 cZ _-� N.) PRAECIPE TO WITHDRAW APPEARANCE r._ TO: Prothonotary Kindly withdraw my appearance as attorney of record for Plaintiff, David Killian, in the above-referenced matter. Dated: January Pr, 2013 Respectfully submitted: ABOM &KUTULAKIS, L.L.P 04019v4mA„- Michelle L. Sommer, Esquire ID# 93094 2 West High Street Carlisle, PA 17013 G.., C DAVID KILLIAN IN THE COURT OF COMMON PLEAS CC �7 PLAINTIFF CUMBERLAND COUNTY, PENNSYLV�LA CO w,n cn � V. 2009-6328 CIVIL ACTION LAW DANIELLE L. BAKER,SERGIO GARCIA y IN CUSTODY =C::� DEFENDANT ORDER OF COURT AND NOW, Friday,January 31,2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan,Jr.,Esq. , the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Friday,March 07,2014 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court(including,but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ John J. Mangan,Jr., Esq�lr 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 L'L 32 South Bedford Street 1 f/ Carlisle, Pennsylvania 17013 Telephone (717)249-3166 4J. W h(i J. n&'kN�X) DAVID L.KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY,PENNSYLVANIA • v. • NO.2009-6328 CIVIL TERM DANIELLE LEE BAKER,and CIVIL ACTION—LAW • SERGIO GARCIA Defendants/Petitioner IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, Danielle Baker, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to an of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch.25 ❑ ❑ (relating to criminal homicide) ❑ 18 Pa.C.S. §2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ ❑ - (relating to terroristic threats) c.' ❑ 18 Pa.C.S. §2709.1 ❑ ❑ =` (relating to stalking) ❑ 18 Pa.C.S. §2901 ❑ ❑ (relating to kidnapping) ❑ 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restrant) ❑ 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) ❑ 18 Pa.C.S. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. §3121 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual Intercourse) ❑ 18 Pa.C.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑ 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) ❑ 18 Pa.C.S. §3127 ❑ ❑ (relating to indecent exposure) ❑ 18 Pa.C.S. §3129 ❑ ❑ (relating to sexual intercourse with animals) ❑ 18 Pa.C.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 Pa.C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) El 18 Pa.C.S. §4304 El El (relating to endangering welfare of children) ❑ 18 Pa.C.S. §4305 El ❑ (relating to dealing in infant children) ❑ 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) El 18 Pa.C.S. §5903 ❑ ❑ (c) or (d) (relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 23 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of Protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sale, ❑ ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have history of violent or abusive conduct including the following: Check Self Other Date all that household apply member 111 A finding of abuse by Children &Youth ❑ ❑ Agency or similar agency in Pennsylvania Or similar statute in another jurisdiction ❑ Abusive conduct as defined under the ❑ ❑ Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: c32 .- I Signature of Danielle Baker Printed Name DAVID KILLIAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. - No. 09-6328 DANIELLE L. BAKER and . SERGIO GARCIA • CIVIL ACTION - LAW Defendant IN CUSTODY ACCEPTANCE OF SERVICE I, Hannah White-Gibson, Esq., hereby accept service of a copy of the Petition for Modification of Custody on the date below, and I further certify that I am authorized to accept service on behalf of the Defendant, Danielle L. Baker. Dated: 2 /!c / H ....._-7, / -. a/ L, Hannah White-Gibson, Esq. cr ° - � w : f - 1 _<I•-•• cr: DAVID KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DANIELLE L. BAKER and SERGIO GARCIA, Defendants Prior Judge: M.L. Ebert, Jr., J. S AND NOW this ' h I day of March 2014, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: No. 09 -6328 CIVIL ACTION LAW IN CUSTODY -0, _r rn vrr ry : t-, > = C..) _Y., ... — C r- r';Y ORDER OF COURT 1. --gpeoptitetrse. The parties are directed to proceed with filing a pretrial statement with the Court and the other party consistent with the Pennsylvania Rule of Civil Procedure 1915.4 -4. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the G4-day of � 2014 at' C:0D p .m in Courtroom number 2 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the StepGrandfather shall be deemed to be the moving party and shall proceed initially with testimony. 3. Legal Custody: The Step- Grandfather, David Killian, and the Mother, Danielle Baker, shall have shared legal custody of Isabella Garcia, born 08/31/2008. The parties shall have an equal right to make all major non - emergency decisions affecting the Child's general well -being including, but not limited to, all decisions regarding 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: David Killian shall have primary physical custody of Isabella subject to Mother's partial physical custody on a repeating two week schedule as follows: a. Until Mother has her own independent adequate housing for herself and Isabella, Mother's custodial periods (overnights) shall take place at Mr. Killian's mother's residence. March 11, 2014, Mother shall have custody of Isabella from 2 pm until 5 pm at Letort park in Carlisle. On Friday 03/14/14, Mother shall have custody from Friday 12 pm until Saturday 4 pm, with the overnight at Mr. Killian's mother's residence. If Mother still does not have her own housing after this weekend, Mother shall continue the above - stated weekends on an alternating basis until she secures housing. b. Once Mother has her own independent housing, Mother shall have custody on alternating weekends. The first weekend she is to have custody in her residence, the weekend shall be from Saturday 9 am until Sunday 12 pm. Thereafter, the alternating weekends shall be from Friday 9 am until Sunday 12 pm. c. Mr. Killian shall have the right to inspect Mother's residence to ensure that is appropriate for Isabella to spend overnight. d. Additionally, Mother shall have physical custody every Wednesday from 9 am until 2 pm. e. The exchanges shall occur with the non - custodial party picking up Isabella at the designated to exercise their custodial periods. f. The Mother shall have additional periods of custody as the parties may mutually agree. 5. The non - custodial party shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: The parties shall arrange a holiday schedule as mutually agreed upon. In the absence of agreement, the parties shall adhere to the schedule as attached. 7. Disparaging Remarks: Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other party, their spouse or relatives, or injure the Child's opinion of the other party or which may hamper the free and natural development of the Child's love and respect for the other party. 8. Emergency decisions regarding the Child shall be made by the party then having custody. The parties shall keep each other advised immediately relative to any emergencies concerning the Child and shall further take any necessary steps to ensure that the health, welfare and well -being of the Child is protected. During such illness, each party shall have the right to visit the Child as often as he or she desires, consistent with the proper medical care of the Child. The term "serious illness" as used shall mean any disability which confines the Child to bed for a period in excess of seventy -two (72) hours and which places the Child under the direction of a licensed physician. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and /or house guests comply with this provision. 10. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non - relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child /children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 11. The parties have the option of contacting the assigned conciliator for a conference prior to the scheduled custody hearing in an effort to come to an agreement. 12. 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. ribution: II nah White- Gibson, Esq. ohn F. King, Esq. J. Mangan, Esquire Cops *EX i7L .t cC 3/.21 iy - HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1st Half From 9 am until 3 pm Grandfather Mother Easter Day 2nd Half From 3 pm until 9 pm Mother Grandfather Memorial Day From 9 am until 9 pm Mother Grandfather Independence Day From 9 am until 9 pm Grandfather Mother Labor Day From 9 am until 9 pm Mother Grandfather Halloween From one hour before trick or treating to one hour after trick or treating Grandfather Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 pm on Thanksgiving Day Grandfather Mother Thanksgiving 2nd half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Grandfather Christmas 1St Half From noon on 12/24 to noon on 12/25 Grandfather Mother Christmas 2nd Half From noon on 12/25 to noon on 12/26 Mother Grandfather New Year's From 6 pm 12/31 until noon January 1st (with the 12/31 year to control the even/odd determination) Mother Grandfather Mother's Day From 9 am until 9 pm Mother Mother DAVID KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09 -6328 CIVIL ACTION LAW DANIELLE L. BAKER and SERGIO IN CUSTODY GARCIA, Defendants Prior Judge: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3 -8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Isabella Garcia 08/31/2008 Primary Step- Father 2. An Order of Court was issued 09/28/09, a Conciliation Conference was held with regard to this matter on October 16, 2009, an Order issued October 19, 2009, conference was held March 24, 2011, an Order issued April 25, 2011, a conference was held March 06, 2012, an Order issued March 15, 2012, Step - grandfather filed a petition for modification and a conference was held March 11, 2014 with the following individuals in attendance: The Mother, Danielle Baker, with her counsel Hannah White- Gibson, Esq. The Father, Sergio Garcia, did not appear The Step- Grandfather, David Killian, with his counsel, John F. King, Esq. 3. The parties' position on custody is as follows: Currently Isabella is in the primary custody of Mr. Killian. Mr. Killian asserts that he has been the primary care -giver since the child was 9 months old. Mr. Killian alleges that in past approximately two years, Mother has had four overnights and he asserts that Mother's living arrangements have been very unstable to say the least. Mr. Killian still has concerns in regard to Mother's ability to parent Isabella, specifically about inappropriate discipline and unstable housing. Mr. Killian also has concerns about Mother's lack of license and driving as well as the fact Mother does not have her own car either. Mr. Killian is adamant that Isabella remain in his primary custody and attend school in his district. However, Mr. Killian does state that he does not want to prevent Mother from being actively involved in Isabella's life and encourages Mother's involvement. Also Mr. Killian reports that he has been taking Isabella to the doctor's and dentist's offices for medical care. Mother on the other hand asserts that Mr. Killian has been preventing contact and that on numerous occasions she has requested custody of her daughter and has been refused. Mother also alleges that phone calls are not answered or returned. Mother has concerns that Isabella's medical needs are not being addressed. Mother has concerns about Mr. Killian's living environment as well. Mother asserts that she has been clean and sober for 3.5 years. Mother states that she will have her own independent adequate housing in the next week or so. Mother further states that she believes she will be getting her license in the near future. Mother states that she is gainfully employed and works about 30-40 hours per week. Mother also has concerns about Isabella's social skills and would like to enroll her in Headstart. In the near future, Mother would like primary custody and for Isabella to attend school in her school district. 4. The Conciliator recommends an Order in the form as attached scheduling a pretrial conference, scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 5. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. Jo ang1n, Esquire C'stoty Conciliator DAVID KILLIAN, • IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • v. • No. 09-6328 DANIELLE L. BAKER and SERGIO GARCIA • CIVIL ACTION - LAW Defendant IN CUSTODY -' rte; fi''F:. r-- W ;w. PRAECIPE TO ENTER APPEARANCE TO: Prothonotary Kindly enter my appearance as attorney of record for Plaintiff, David Killian, in the above-referenced matter. Dated: January c- 2013 Respectfully submitted: JOHN F. KING LAW, P.C. By: 'John F. King, Esq. ID #61919 4076 Market Street, Ste 100 Camp Hill, PA 17011 (717) 695-2222 JOHN F. KING LAW, P.C. John F. King, Esq. ID#61919 4076 Market Street, Ste 100 Camp Hill, PA 17011 717-695-2222 717-695-2207 FAX Attorney for Plaintiff t't r F IC IL I- T SO TA 2014 PlAii 31 PM 1: 13 CLINBEf?1_ ND COIJNTY PENNSYLVANIA DAVID KILLIAN, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 09-6328 DANIELLE L. BAKER and SERGIO GARCIA CIVIL ACTION - LAW Defendant IN CUSTODY Assigned Judge: Hon. E.L. Ebert, Jr. MOTION FOR CONTINUANCE AND NOW comes David Killian, by his attorney, John F. King, Esq., who moves this Honorable Court to continue the Custody Hearing scheduled for June 24, 2014, at 9:00 AM. Movant is requesting a continuance for the following reason(s): 1 John F. King, Esq. is scheduled to be out of state on a preplanned family vacation the week of June 23 to June 27, 2014. 2. Hotel reservations have been made, and the reservations are non-refundable. Opposing counsel, Hannah White Gibson, Esq., has no objection, and concurs with this Motion. WHEREFORE, it is respectfully requested that the Custody Hearing presently scheduled for June 24, 2014, be rescheduled. Dated: March 01'1 , 2014 Respectfully submitted: JOHN F. KING LAW, P.C. By: olm F. King, Esq. #61919 4076 Market Street, Suite 100 Camp Hill, PA 17011 (717) 695-2222 VERIFICATION I, John F. King, Esquire, hereby acknowledge that I am the attorney for the Plaintiff in the foregoing action; that I have read the foregoing Motion for Continuance, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ohn F. King, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I am this day of March, 2014, serving the motion to continue upon the person 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: Hannah White Gibson, Esq. Saidis Sullivan & Rogers 26 W. High Street Carlisle, PA 17013 Sharry Semans DAVID KILLIAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DANIELLE L. BAKER and SERGIO GARCIA Defendant No. 09-6328 CIVIL ACTION - LAW IN CUSTODY AND NOW, this day of ORDER , 2014, upon consideration of the attached motion of John F. King, Esq., attorney for Plaintiff, requesting a continuance of the Custody Hearing in this matter presently scheduled for June 24, 2014, at 9:00 AM, the motion is granted, and the Custody Hearing has been rescheduled for the at q "00 A. day of , before the Honorable M.L. Ebert, Jr., at the Cumber and County Courthouse, Courtroom # Co-rCes fib. 1,01fLt BY THE COURT: , 2014, DAVID KILLIAN, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. DANIELLE L. BAKER, And SERGIO GARCIA DEFENDANT : NO. 09-6328 CIVIL ( ORDER OF COURT AND NOW, this 2nd day of July, 2014, due to a conflict with this Court's schedule due to a civil jury trial, IT IS HEREBY ORDERED AND DIRECTED that the hearing currently scheduled for Monday, July 21, 2014, is rescheduled to Monday, August 18, 2014, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, John F. King, Esquire Attorney for Plaintiff ,../Hannah White Gibson, Esquire Attorney for Defendant bas ez•pi 0.211c -k lJ IN) Cr", DAVID KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 2009-6328 CIVIL TERM DANIELLE L. BAKER and SERGIO GARCIA, CIVIL ACTION — LAW Defendant IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, Danielle L. Baker, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to an of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of all that household conviction, apply member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch.25 ❑ ❑ (relating to criminal homicide) ❑ 18 Pa.C.S. §2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ 18 Pa.C.S. §2709.1 ❑ ❑ (relating to stalking) ❑ 18 Pa.C.S. §2901 ❑ ❑ (relating to kidnapping) Sentence -o 18 Pa.C.S. 42902 0 (relating to unlawful restraint) 18 Pa.C.S. 42903 D LI (relating to false imprisonment) 18 Pa.C.S. 42910 0 relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. 43121 El (relating to rape) 18 Pa.C.S. 43122.1 E (relating to statutory sexual assault) LJ 18 Pa.C.S. 43123 0 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. 43124.1 0 (relating to sexual assauln 18 Pa.C.S. 43125 0 (relating to aggravated indecent assault) 18 Pa.C.S. 43126 (relating to indecent assault) 18 Pa.C.S. 43127 0 (relating to indecent exposure) 18 Pa.C.S. §3129 (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 LI 0 (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 0 (relating to arson and related offenses) 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 LI (relating to concealing death of child) 18 Pa.C.S. §4304 0 (relating to endangering welfare of children) 18 Pa.C.S. §4305 0 (relating to dealing in infant children) 18 Pa.C.S. §5902(b) Elil (relating to prostitution and related offenses) 18 Pa.C.S. §5903 (c) or (d) (relating to obscene and other sexual materials and performances) • ,Th ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors ❑ 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 Pa.C.S. §6318 0 ❑ (relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 ❑ 0 (relating to sexual exploitation of children) O 23 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of Protection order or agreement) O Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sale, 0 0 delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have history of violent or abusive conduct including the following: Check Self Other Date all that household apply member ❑ A finding of abuse by Children & Youth 0 0 Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the El Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Involvement with a Children & Youth 0 LI Agency or similar agency in Pennsylvania or another jurisdiction. Where? (,(Advtb.ertAAJ-- Com-I-y(11i )(Irv/ a yt24l Other: 3. Please list any evaluation, counseling or other treatment received following conviction or finding ofabuse: 15 ej'ed- '0\ Ttke.eni c/A. 55e_ s _i_hrea) (frIfiar4n',AN900, c( P�r©a rto ctlee,td flo otc-P'oel 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct tot eh best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 6-21/1-1 Printed Name DAVID KILLIAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DANIELLE L. BAKER and SERGIO GARCIA Defendants CIVIL ACTION - LAW NO. 2009-6328 CIVIL TERM ;.i:.+ -r" r1 IN CUSTODY `n<' CAS J,2014and CUSTODY STIPULATION AGREEMENT A Stipulation Agreement is entered into this // day of (T) averred by DAVID KILLIAN, Maternal Step -grandfather and DANIELLE L. BAKER, biological Mother. WHEREAS, Defendant is maternal Step -grandfather and Mother is the biological parent of the following child: Isabella Garcia, born August 31, 2008; WHEREAS, the parties are currently subject to an Order of Court dated March 21, 2014; WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to legal and physical custody of the child; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows:. 1. LEGAL CUSTODY Mother and Step -grandfather shall exercise shared legal custody of the child. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non -emergency decisions affecting the child's general wellbeing including but not limited to, all decisions regarding his health. education and religion pursuant to the terms of this paragraph. Each party shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. Complete contact information shall be provided by either party for both parties whenever emergency or contact information is requested by. any school, daycare provider, or treating professional. Information regarding the child shall be provided for both parties without the need for release by either party. If any service provider and/or professional requires a release for a party to access the child's educational, religious, or medical records, both parties shall execute the release form within ten (10) days of request. Each party agrees not to impair the other party's right to share legal custody of the child. The parties agree not to attempt to or to alienate the affections of the child for the other party. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other party. Notwithstanding that both parties share legal custody, non -major decisions involving the child's day-to-day living shall be made by the party then having custody, consistent with the other provisions of this Stipulation. Additionally, either party may, during that party's physical custody of the child, make decisions required by an emergency or sudden illness. Educational and legal emergencies shall include those situations where there is an imminent threat to the child's well-being or any change of the current school or institution. Each party shall, as soon as practical, make full disclosure to the other of the facts and circumstances pertinent to the child's upbringing and welfare of which that party has knowledge or notice. 2. PHYSICAL CUSTODY The parties shall exercise shared physical custody of the child in accordance with the following schedule: Step -grandfather shall maintain primary physical custody of the child; subject to Mother's periods of partial physical custody. For the remaining period until August 18 20.14, Mother shall exercise physical custody of the child per the terms of the Custody Order dated March 21, 2014. After August 19, 2014, Mother shall exercise physical custody of the child on alternating weekends, from Saturday pick up at Plaintiffs residence at 9:00 AM, until Sunday at 6:00 PM. After Mother has exercised three (3) alternating weekend visits under the terms contained herein, and which begin after August 18, 2014, Mother shall exercise physical custody of the child on alternating weekends from Friday pickup at Plaintiffs home at 4:00 PM, until Sunday at 6:00 PM. Mother shall also enjoy an additional period of custody each Wednesday from pickup at Plaintiff's home at 4:00 PM until dropoff at Plaintiffs home at 6:00 PM. Plaintiff/Step-grandfather will be provided the opportunity to view the child's accommodations at Mother's residence. In the event that Mother relocates from 81 Cranes Gap Road, Carlisle, PA, Mother shall comply with the procedures required by 23 Pa.C.S.A. Sec. 5337. Should Mother not comply with the procedures required by 23 Pa.C.S.A. Sec. 5337, Mother's periods of physical custody shall be suspended until such time as she is able to establish that she has acquired new housing that is adequate and appropriate for the exercise of physical custody of the subject child. 3. TRANSPORTATION Once Mother begins exercising overnight periods of custody on alternating weekends, Mother shall pick the child up from Plaintiff's residence. Step -grandfather shall pick the child up from Mother's residence on Sundays at 6:00 PM to resume his periods of custody. Mother shall also be responsible for all Wednesday visit transportation. 4. HOLIDAYS a. Mother shall always have physical custody of the child on Mother's Day from 9:00 AM until 6:00 PM. b. The Christmas/New Year holiday shall be divided into four segments. Segment "A" shall be from 4:00 PM on the Child's last day of school until Noon on Christmas Day. Segment "B" shall be from Noon on Christmas Day until Noon on December 26. Segment "C" shall be from Noon on December 26 until Noon on December 30. Segment "D" shall be from Noon on December 30 until the end of the Christmas/New Year holiday school break. In even years, Mother shall have physical custody of the child in Segment "A" and Segment "C", and Step -grandfather shall have physical custody of the child in Segment "B" and Segment "D". These periods will alternate in odd years. c. For Thanksgiving Day, Step -grandfather shall have custody of the child from 9:00 AM until 3:00 PM. Mother shall have the reminder of the day from 3:00 PM until 9:00 PM. d. For Easter, Mother shall have custody of the child from 9:00 AM until 3:00 PM. Step -grandfather shall have the remainder of the day from 3:00 PM until 9:00 PM. e. In the event that the child has a three-day weekend from school, having off either Friday or Monday preceding or following one of Mother's scheduled alternating "Friday to Sunday" weekends, Mother shall be entitled to exercise that extended weekend of custody, to include the additional day the child has off of school. f. For July 4th, in even years, Step -grandfather shall have from 9:00 AM until 10:30 PM. Mother shall have the same period of custody in odd years. The holiday schedule set forth in this paragraph shall supersede the regular custody schedule outlined in Paragraph 2. 6. The parties agree to enroll the child in Kindergarten in York Haven Elementary School in the Northeastern School District, where Step -grandfather resides, for the 2014-2015 school year. 7. Neither party shall consume alcohol to the point of intoxication, illegal drugs or non-prescription drugs, during the period of time eight (8) hours prior to or during their periods of custody with the children. In the event it is discovered that either party has violated the terms of this provision the parent not complying with the terms of this provision shall immediately forfeit their period of custody for that particular time and for the next anticipated period of custody. 8. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the children is protected. During such illness or medical emergency which might require hospital care, both parties shall have the right to visit the children at the hospital as often as her or she desires consistent with the proper medical care of the children. 9. Both parties are hereby directed to refrain from preventing the party who may be calling from talking to the child, or preventing the child from calling the other parent. The non-custodial party shall have liberal telephone contact with the child on a reasonable basis. 10. Each of the parties and any third party in the presence of the child shall take all measures deemed advisable to foster a feeling of affection between the child and the other party. Neither party shall do nor shall either party permit any third person to do or say anything which may estrange the child from the other party, their spouse or relatives, or injure the child's opinion of the other party which may hamper the free and natural development of the child's love and respect for the other party. 11. RELOCATION The parties are advised that neither 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. 12. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 13. The parties desire that this Stipulation Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody to the minor child. 14. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 15. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 16. Both parties shall prepare and file Criminal/Abuse verification forms regarding themselves and all adult members of their household, as enumerated in 23 Pa.C.S. Sec. 5329. No party nor member of their household has been convicted or pled guilty to any such enumerated offense, or an equivalent offense in another jurisdiction. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNES.SE FH: 4 !40€i Date f DAVID KILLIAN DANIELLE L. BAKER COMMONWEALTH OF PENNSYLVANIA : :SS. COUNTY OF CUMBERLAND On this / day of u -d USt , 2014, before me, the undersigned officer, personally appeared DAVID KI LIAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL S`,amy D. Semens. N«, ary Public Ham lan Twp., Cumberland County My Commission Expires .July 25, 2018 MEM2ER. FENNSYLVANIA ASSOC4ATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA :SS. /v` T" L- vit jdti �v OTARY PUBO COUNTY OF CUMBERLAND % On this L�(day of - 8.-/ , 2014, before me, the undersigned officer, personally appeared DANIEL L. BAKER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set ha • an. icial seal. COMMONWEA TN OF PENNSYLVANIA NOTARIAL SEAL Tammle L. Crutcher, Notary Public Carlisle Sort), Cumberland County My Commission Expires Sept. 9, 2015 MEMBER, PENNSYLVANIA ASSOCIATIO • R NOTARY P STT IC DAVID KILLIAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DANIELLE L. BAKER and SERGIO GARCIA Defendant No. 09-6328 CIVIL ACTION - LAW IN CUSTODY ORDER FOR CUSTODY e. AND NOW, this D day of U , 2014, upon stipulation of the parties, it is hereby ORDERED and DECREED that the terms, conditions and provisions of the attached Stipulation for custody entered into by the parties, and executed by the parties, are adopted as an Order of Court. Cbpizs ilZbiter-L fH#jJ. 111k) 0+11 /4. 1)Lke,-Atsco seksliq =_rg BY THE COURT: Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 DAVID KILLIAN, Plaintiff V. DANIELLE L. BAKER and SERGIO GARCIA, Defendants IN THE COURT OF COMMON PLEAS OF g),.. CUMBERLAND COUNTY, PENNSYLVAWsTz Er) rr • r - CD IN) \.) DOCKET No. 2009-6328 CIVIL ACTION — LAW IN CUSTODY PETITION FOR LEAVE TO WITHDRAW AND NOW, comes the Petitioner, Hannah White -Gibson, Esquire, and the Law Firm of Saidis, Sullivan & Rogers, and files this Petition to Withdraw and in support thereof avers as follows: 1. Your Petitioner is Hannah White -Gibson, Esquire, counsel of record for Danielle L. Baker, Defendant in the above referenced divorce action. 2. Plaintiff filed a Petition for Modification of a Custody Order in this matter on January 30, 2014. 3 The Petitioner agreed to represent Defendant, Danielle Baker, in her custody matter on a pro bono basis after referral from the Cumberland County Bar Association Direct Service Pro Bono Program. 4. Petitioner has represented Defendant since December 2013. 5. The parties, through their counsel, reached a Custody Stipulation Agreement on August 14, 2014. 6. This Agreement was entered as an Order for Custody on August 15, 2014. 7. There are no pending hearings or conciliation conferences scheduled in this matter. 8. Since the entry of the August 15, 2014 Order, Petitioner has reached out to Defendant via telephone calls and letter with requests for contact, but has had no response. 9. Petitioner's continued representation of Defendant has been rendered unreasonably difficult by virtue of the client's unavailability and good cause exists there for under Rule 1.16 (c)5 of the Pennsylvania Rule of Professional Conduct for Petitioner's withdraw of appearance in this case. 10. Counsel for the Plaintiff has been consulted and has no objection to Petitioner's withdraw from this case at this time. 11. Judge Ebert has previously been assigned to this matter. WHEREFORE, Petitioner requests that this Court grant her leave to withdraw her appearance for Defendant, Danielle L. Baker, in this action. Date: Cl / 3 //L% Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Hannah White -Gibson, E vire ID No. 311679 26 West High Street Carlisle, PA 17013 (717) 243-6222 • DAVID KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET No. 2009-6328 DANIELLE L. BAKER and SERGIO GARCIA, Defendants CIVIL ACTION — LAW IN CUSTODY 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. §4904, relating to unsworn falsifications to authorities. Date: Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Hannah White -Gibson, .quire Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 DAVID KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET No. 2009-6328 DANIELLE L. BAKER and SERGIO GARCIA, Defendants On the day of CML ACTION — LAW IN CUSTODY CERTIFICATE OF SERVICE , 2014, I, Hannah White -Gibson, Esquire, of the law firm of SAIDIS, SULLIVAN & ROGERS, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Danielle L. Baker 81 Cranes Gap Road Carlisle, PA 17013 John F. King, Esquire 4076 Market Street Suite 100 Camp Hill, PA 17011 SAIDIS, SULLIVAN & ROGERS Hannah White -Gibson, squire ID No. 311679 26 West High Street Carlisle, PA 17013 (717) 243-6222 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 DAVID KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET No. 2009-6328 DANIELLE L. BAKER and SERGIO GARCIA, Defendants CIVIL ACTION — LAW IN CUSTODY ORDER OF COURT tt% AND NOW, this ci day of S , 2014, upon consideration of the within Petition of Defendant's counsel for Leave to Withdraw, it is hereby Ordered and Decreed that said Petition is GRANTED and that Petitioner, Hannah White -Gibson, Esquire, be permitted to withdraw her appearance of record for the Defendant, Danielle L. Baker, in the above matter. cc. annah White -Gibson, Esquire 26 West High Street Carlisle, PA 17013 John F. King, Esquire 4076 Market Street, Suite 100 Camp Hill, PA 17011 Danielle L. Baker 81 Cranes Gap Road Carlisle, PA 17013 Coy 9 9/1f DAVID KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2009-6328 CIVIL TERM DANIELLE L. BAKER and CIVIL ACTION — LAW SERGIO GARCIA Defendants IN CUSTODY J. Ebert PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Defendant, Danielle Baker, in the above -captioned matter, pursuant to the Court's Order dated September 9, 2014. Respectfully Submitted, SAIDIS, SULLIVAN & ROGERS Date: C1/22/1/ Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Hannah White -Gibson, Esquire AttorneyLD. No. 311679 26 West High Street Carlisle, PA 17013 (717) 243-622 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 DAVID KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2009-6328 CIVIL TERM DANIELLE L. BAKER and CIVIL ACTION — LAW SERGIO GARCIA Defendants IN CUSTODY J. Ebert CERTIFICATE OF SERVICE 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 John F. King, Esq. 4076 Market Street Suite 100 Camp Hill, PA 17011 Danielle Baker 81 Cranes Gap Road Carlisle, PA 17013 Dated: q/2,)/8 Means of Service Date of Service Regular, first-class mail September 22, 2014 Regular, first-class mail September 22, 2014 SAIDIS, SULLIVAN & ROGERS Hannah White-Gibsovl, Esquire Attorney Id. 311679 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Petitioner/Defendant