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HomeMy WebLinkAbout10-2316 r : l x, ? i NATHAN C. WOLF, ESQUIRE - - -? ATTORNEY ID NO. 87380 _ {-_ _ rrj 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 L ATTORNEY FOR PLAINTIFF KENNETH E. BAILOR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW FIONA K. MILLER, : NO. 2010 - CIVIL TERM Defendant : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the Plaintiff, Kenneth E. Bailor, by his attorney, Nathan C. Wolf, Esquire, and respectfully represents as follows: 1. The plaintiff is Kenneth E. Bailor, an adult individual residing at 4 Donald Street, Shermans Dale, Perry County, Pennsylvania 17090. 2. The defendant is Fiona K. Miller, an adult individual residing at 1817 Basin Hill Boulevard, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one minor child, namely, Ian Matthew Bailor (born November 3, 2006, age 3). 4. The child resided with both of the parties from his birth until the parties' separation in late December 2009. The child has primarily resided in the custody of the mother since the parties' separation. 5. The child was born out of wedlock. 6. The child is presently in the shared custody of Defendant and Plaintiff. 7. The parties have never been married to each other. 8. The mother of the child is currently single. 9. The father of the child is currently single. 10. Father has regular periods of custody with the child since the parties separation and has enjoyed overnight visits in his home in Shermans Dale. 11. The parties are generally able to cooperate concerning the custody of the child but Father is seeking an Order providing for shared physical and legal custody and seeking the establishment of a mutually agreeable schedule to avoid any unmet expectations and disappointment between the parties which could impact negatively on the parties relationship, thus impacting negatively on the child. 12. 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. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 14. 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. 15. The best interest and permanent welfare of the child will be served by granting the relief requested herein so that there are no unmet expectations and that the father is afforded the opportunity to develop a meaningful relationship with the child. 16. Plaintiff has made monetary and non-monetary contributions to the care and maintenance of the child since the child's birth. 17. Plaintiff maintains a stable household and environment within which to exercise periods of partial physical custody of the child. 18. Plaintiff is gainfully employed and has sufficient means to care of the welfare of the child. 19. Plaintiff believes and therefore avers that the best interests of the child would be served by the issuance of an Order of Court granting the parties shared physical and legal custody of the child and establishing an appropriate custody schedule to confirm shared physical custody. WHEREFORE, for the reasons set forth herein, plaintiff, Kenneth E. Bailor, respectfully requests that the Court enter an order concerning custody as aforesaid, along with any additional relief that the Court deems appropriate and just. Respectfully submitted, WOLF & WOLF, Attorneys at Law Dated: April 5, 2010 By: Na olf, Esquire 10 a igh Street Ca sle, PA 17 013 3 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this complaint are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 2010 Kenneth E. Bailor NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF KENNETH E. BAILOR, Plaintiff V. FIONA K. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 2010 - 2-3(? CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, have served a true and correct copy of Complaint for Custody upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Fiona K. Miller 1817 Basin Hill Boulevard Carlisle, Pennsylvania 17013 WOLF,&V,0, ,F, Attorneys at Law Dated: April , 2010 Natl'? olf, Esquire 10 a igh Street C sle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff .~ ~ ~ ~fUl 0 ~ 'LU10 KENNETH E.' BAILOR, IN THE COURT OF COMMON PLEA5 OF ,Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-2316 CIVIL ACTION LAW N FIONA K. MILLER, IN CUSTODY ~ ~ `-„ 'Defendant ~; r' ~.... ;--+ c:. -- - - ~._~ =ri~?7 =< ~ t.,, ORDER OF COURT `~'~' ' ~ ~' -= -, -~ AND NIOW this day of July 2010, upon consideration of the attached=~usto~ . ~ ~-. " . . Conciliation Report, it is Or eyed and Directed as follows: :~ ~? '~-~' s ^! 1. Legal Custody: The Father, Kenneth E. Bailor, and the Mother, Fiona K. Miller, shall have shared Tegal custody of Ian M. Bailor, born 11103/2006. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Ph,. s~ica~ Custody: Mother shall have primary physical custody of the Child subject to Father's physical, custody on a repeating two week schedule as follows: ~. In week one, Father shall have physical custody of Ian Tuesday from after work (3:30 pm) unti17:30 pm and Wednesday from after work (3:30 pm) until Friday 8:30 pm. b. In week two, Father shall have physical custody of Ian Monday from after work (3:30 pm) until 8:30 pm, Wednesday from after work (3:30pm) until Friday 5:00 pm and from Sunday after work (3:30 pm) until Monday morning. c. The week one schedule shall commence Sunday 07/25 at 1:00 pm whereby Mother shall regain custody after her honeymoon. d. Father shall have physical custody of the Child at such other times as the parties may mutually agree. Regular Physical Custody (D=dad M=mom) Monda Tuesda Wednesday Thursda Friday Saturda Sunday D M ~ D M D D D M M M M D M M D D D M M M D 3. The non- ustodial parent shall have liberal telephone contact with the Child on a reasonable basis an no later than 7:30 pm. 4. Holidays The parents shall arrange the holiday schedule as mutually agreed upon. In the absence f agreement, a holiday schedule shall be established at the status conference. 5. Vacati n: Each parent shall have vacation as the parties may agree. In the absence of agreem~nt, the parties shall discuss vacation at the status conference. 6. In the went the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither' party may say or do anything nor permit a third parry to do or say anything that may estrang¢ the Child from the other party, or injure the opinion of the Child as to the other party, or may damper the free and natural development of the Child's love or affection for the other party. 1To the extent possible, both parties shall not allow third parties to disparage the other parent iii the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possibly after the emergency is handled. 9 1: 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: Jennifer Spears,Esquire Nathan Wolf, Esquire John J. Mangan,; Esquire r' KENNETH E. ~ BAILOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v• No. 10-2316 CIVIL ACTION LAW FIONA K. MILLER, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-$(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: Dame Date of Birth Currently in the Custody of Ian M. Bailor 11/03!2006 Father and Mother 2. 1X. Conciliation Conference was held with regard to this matter on July 07, 2010 with the following individuals in attendance: T"he Mother, Fiona K. Miller, with her counsel, Jennifer Spears, Esq. The Father, Kenneth E. Bailor, with his counsel, Nathan Wolf, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 7 --~~-`--~ .._ Date John J an n, Esquire Custo y Co rciliator SEP 212010 KENNETH. E. BAILOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. a r,, No. 10-2316 CIVIL ACTION LA? ? , Ca n -+ ? FIONA K. MILLER IN CUSTODY = 71 Defendant 1-0 ?-ic) Prior Judge: J. Wesley Oler, Jr., J. -°- CD r ? - ORDER OF COURT AND NOW this ,X/ aY of September 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order dated July 09, 2010 is hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Kenneth E. Bailor, and the Mother, Fiona K. Miller, shall have shared legal custody of Ian M. Bailor, born 11/03/2006. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody on a repeating two week schedule as follows: a. In week one, Father shall have physical custody of Ian Tuesday from after work (3:30 pm) until Friday 8:30 pm. b. In week two, Father shall have physical custody of Ian Tuesday from after work (3:30 pm) until Friday 5:00 pm. C. The parties may arrange physical custody of the Child at such other times as the parties may mutually agree. Re ular Physical Custody (D=dad M=mom) Monday Tuesday Wednesday Thursday Friday Saturday Sunday M M D D D D M M M M M D D D D M M M 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis and no later than 7:30 pm. 5. Father and Mother have agreed that Ian shall attend day care on Wednesdays. 6. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the absence of agreement, the parents shall adhere to the holiday schedule as attached. 7. Vacation: Each parent shall have vacation as the parties may agree. 8. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. 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 Court, Di bution: eifer Spears, Esquire /Nat Wolf, Esquire ohn J. Mangan, Esquire COZ t £S 0-Mat LE11 J. HOLI AYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da From 5 m until 8:30 m Father Father Thanksgiving From 4 pm Wednesday until Friday 4 pm Mother Father Christmas From 4 pm on 12/24 to 4 pm on 12/26 Father Mother Mother's Da From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father KENNETH E. BAILOR, Plaintiff V. FIONA K. MILLER, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2316 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: 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 Ian M. Bailor 11/03/2006 Father and Mother 2. A Conciliation Conference was held with regard to this matter on July 07, 2010, an Order was issued July 09, 2010 and a status conference was held September 16, 2010 with the following individuals in attendance: The Mother, Fiona K. Miller, with her counsel, Jennifer Spears, Esq. The Father, Kenneth E. Bailor, with his counsel, Nathan Wolf, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J. g squire Custody onc' iator . KENNETH E. BAILOR, Plaintiff V. FIONA K. MILLER, N/K/A FIONA FADNESS Defendant Prior Judges: Edward E. Guido, J. J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2316 CIVIL ACTION LAW IN CUSTODY - r ' ? t>_; -7 1 ORDER OF COURT AND NOW this day of October 2011, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Orders of Court are hereby VACATED and replaced with this Order. 2. It is apparent to the Court, and the parties have agreed, that jurisdiction of the instant custody matter is more appropriate in Perry County, PA. Therefore, Cumberland County Court Administrator is directed to make a referral for the transfer of this case to Perry County Court Administrator for further review. 3. Legal Custody: The Father, Kenneth E. Bailor, and the Mother, Fiona K. Miller, shall have shared legal custody of Ian M. Bailor, born 11/03/2006. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody on a repeating two week schedule as follows: a. In week one, Father shall have physical custody of Ian Monday from 4 pm, or after work, until Thursday 8:30 pm. b. In week two, Father shall have physical custody of Ian Monday from 4 pm, or after work, until Thursday 5:00 pm. C. The parties may arrange physical custody of the Child at such other times as the parties may mutually agree. Regular Physical Custody (D=dad M=mom) Monday Tuesday Wednesday Thursday Friday Saturday Sunday M D D D D M M M M M D D D D M M M M 0 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis and no later than 7:30 pm. 6. Father and Mother have agreed to discuss with one another the day care situation so that they may arrange care of Ian that is in his best interest. 7. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the absence of agreement, the parents shall adhere to the holiday schedule as attached. 8. Vacation: Each parent shall have vacation as the parties may agree. 9. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 10. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 11. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 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. the Court, AA? Distribution: oo-, J. `Y ? Mary Dissinger, Esquire lo??' 11 Nathan Wolf, Esquire DICg John J. Mangan, Esquire HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da From 5 m until 8:30 pm Father Father Thanksgiving From 4 pm Wednesday until Friday 4 PM Mother Father Christmas From 4 pm on 12/24 to 4 pm on 12/26 Father Mother Mother's Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 pm Father Father f '\ KENNETH E. BAILOR, Plaintiff V. FIONA K. MILLER, N/K/A FIONA FADNESS Defendant Prior Judges: Edward E. Guido, J. J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2316 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 Ian M. Bailor 11/03/2006 Father and Mother 2. A Conciliation Conference was held with regard to this matter on July 07, 2010, an Order was issued July 09, 2010, a status conference was held September 16, 2010, an Order issued September 27, 2010 and a conference was held June 21, 2011 with the following individuals in attendance: The Mother, Fiona K. Miller, with her counsel, Mary Dissinger, Esq. The Father, Kenneth E. Bailor, with his counsel, Nathan Wolf, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J M gari, Esquire Cust y trciliator