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HomeMy WebLinkAbout04-3841 IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY. PENNSYVLANIA CIVIL DIVISION SHELBY J. BACZ Plaintiff j vs. ) BRYAN J. BACZ AND ) Defendant ) p ti - yi No. 2004-FC-0109 AMENDED ORDER C,L,?A, J.AA NOW, this 16th day of March, 2004, it appearing that the Plaintiff mother resides in the Cumberland County and that the children are presently in the custody of the maternal grandmother, who resides in Cumberland County and at the time of the filing of the complaint the Defendant father resided in Berks County, and it appearing further that Cumberland County is a more convenient forum, IT IS HEREBY ORDERED that the Clerk of Courts transfer this case to Cumberland County. Cr) _ v j - r }' _ X: Z O l CO p U _ ". Q= X w '- y 4 ?gddrta Yi, W aut{le, Clerk of Courts of the Court of Common Fnk ht Lobigh County, Allentown, PA do ?ertiry that this is a lydt and enf4tt Copy of the original record hied in said Court. Asdrea F. Naugle, Clerk of Courts gbioC( -- to o BY THE COURT: CN 4 LAWRENCE J. BRENNER, J. NOW, 3(1s/'L/ @ /Z'U0/M COPIES OF THE WITHIN COURT ORDER OR DECREE MAILED TO ALL INTERESTED PARTIES BY: 66 LIST OF LITIGANTS AND ATTORNEYS PER CASE "CVADDLST' as of 18-Mar-2004 11:53:33 Page: 1 TERM NUMBER ------------- NAME ------- ------------------ ADDRESS ------------------------------------- ------------- 2004-FC-0109 ------- SHELBY ----------------- J BACZ -------------------------------------- 740 BLOSERVILLE RD ------------- ------- ----------------- NEWVILLE PA 17241 -------------------------------------- ------------- 2004-FC-0109 ------- BRYAN J ----------------- BACZ -------------------------------------- 248 W CHESTNUT ST MACUNGIE PA 18106 ------------- 2004-FC-0109 ------- MARTHA ----------------- UNGER -------------------------------------- 1824 HEISHMAN GARDENS CARLISLE PA 17241 c4c) Civil Division (610) 782-3148 Susan K. Bloom Chief Deputy Diane L. Washburn Asst. Chief Deputy a: x! t {3 F ry l'. Lehigh County Clerk'' f Courts ANDREA E. NAUGLE Lehigh County Courthouse 455 W. Hamilton Street Allentown, PA 18101-1614 Criminal Division (610) 782-3077 Joseph J. Biro Chief Deputy Toni A. Remer Asst. Chief Deputy COURT OF COMMON PLEAS BILLING INVOICE Invoice No:. d q, 33 Shellby J. Bacz Plaintiff File No:. 2004-FC-109 vs. Bryan J. Bacz Defendant March 23, 2004 Shelby J. Bacz Debtor to: Clerk of Courts - Civil Division 740 Bloserville Road Newville, PA 17241 Debtor's name & address Be advised that a debt has incurred in this office for the following reason: Transfer to Cumberland County TOTAL AMOUNT DUE $16.00 Prepared By: DLW r:. aO+tra" ?, Naugit, Clerk of C;ourta of the court of Gammon Pteas of Let!itin sOUnly, AlleetsrwO, PA du ertify that this Is a Date Paid: 3- 30- O true and torrett reps *(the Origin"" recur flied in said Court. Andres E. Naugle, Clerk a Courts Amount: as Receipt # s 7/ ? 11-( Clerk's initial C'Lb oak PRESENT THIS INVOICE WITH YOUR PAYMENT FOR PROPER CREDIT (Rev.fo/97) *** D U P L I C A T E ** ANDREA E. NAUGLE, LEHIGH COUNTY CLERK OF COURTS CIVIL DIVISION LEHIGH COUNTY COURTHOUSE 455 W HAMILTON ST ROOM 132 ALLENTOWN PA 18101-1614 (610) 782-3148 YEAR: 2004 TRANSACTION#: 5719 DRAWER#: 5 30-Mar-2004 12:12:08 PAYER: MARTHA UNGER CASE: 2004-FC-0109 RE: SHELBY J BACZ vs. BRYAN J BACZ TRANSFER ACTION 16.00 TRANSACTION TOTAL: 16.00 ------------ ------------ CHECKS: 146 16.00 AMOUNT TENDERED: 16.00 ----------- CHANGE DUE: .00 CLERK: CLB THANK YOU ANDREA E. NAUGLE CLERK OF COURTS ***`* D U P L I C A T E **` THE POLICY OF THE COUNTY OF LEHIGH IS NOT TO MAIL REFUNDS LESS THAN ONE DOLL '.odruu f;, MnPXIc. C;Iark of Courts of the Court of Commc? Vitus of f.rhlgh Cuooty.. Alleatown, PA du erflty that this is a true and torrfet copy of the oNgioal reco, , Med in said Court. Andrea L Naugle, Clerk of Courts Q c4Z IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYVLANIA CIVIL DIVISION No. 2004-FC-0109 AMENDED ORDER NOW, this 16th day of March, 2004, it appearing that the Plaintiff SHELBY J. BACZ Plaintiff vs. BRYAN J. BACZ AND Defendant mother resides in the Cumberland County and that the children are presently in the custody of the maternal grandmother, who resides in Cumberland. County and at the time of the filing of the complaint the Defendant father resided in Berks County, and it appearing further that Cumberland County is a more convenient forum, IT IS HEREBY ORDERED that the Clerk of Courts transfer this case to Cumberland County. BY THE COURT: M ? a l ij d L 0 J W 4 ? J 0 X "`7 LAWRENCE J. BRENNER, J. a. ,iadran E. Namola. Clark or C.onrls of the Court of Common Plans of cj,ghillis orret outdy, the orlplnal record filed in said Court. trur and corraai ropy rpY o AndrenE.Naugle, Clerk of Courts ??? ?. *PUB:ONEDOCKET* IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA CIVIL DIVISION FAMILY COURT DOCKET AS OF 06-Apr-2004 09:40:41 ...................... :CASE # 2004-FC-0109 :..................... SHELBY J BACZ 740 BLOSERVILLE RD NEWVILLE PA 17241 VS BRYAN J BACZ 248 W CHESTNUT ST MACUNGIE PA 18106 MARTHA UNGER 1824 HEISHMAN GARDENS CARLISLE PA 17241 [INTERESTED PARTY] CHILD CUSTODY &/OR VISITN PRO SE 29-Jan-2004 CPT01 COMPLAINT & ORDER: DATED 1/29/04 ADDRESSED TO DFT(S) ORDERING HIM/HER TO APPEAR FOR A CONFERENCE IN RE: CUSTODY, PARTIAL CUSTODY OR VISITATION OF / CHILD/CHILDREN ON 2/20/04 @ 1 PM AT CUSTODY OFFICE, 455 W HAMILTON ST, RM 729, ALLENTOWN PA. SEE ORIG. BY THE COURT: /S/ A M BLACK, J. 12-Mar-2004 ORDER: NOW 3/12/04 COURT ADMIN IS DIR- ECTED TO PLACE THE ABOVE-CAPTIONED MATTER ON THE CUSTODY 2 TRIAL LIST FOR HRG. APPROVED & SO ENTERED. /S/ A M BLACK, J. COPIES MLD 3/12/04 BY CHO. DKTD 3/15/04 15-Mar-2004 DFT'S CHANGE OF ADDRESS FILED 18-Mar-2004 AMENDED ORDER: NOW 3/16/04 THE CLERK OF COURTS SHALL TRANSFER THIS CASE TO CUMBERLAND COUNTY. BY THE COURT: /S/ L J BRENNER, J. COPIES MLD 3/18/04. DKTD 3/19/04 18-Mar-2004 ` CORRESPONDENCE TO ADD MARTHA UNGER AS INTERESTED PARTY. SEE J ORIG. 23-Mar-2004 / BILLING INVOICE # 2004-33 SENT TO PLTF. AMT DUE $16.00. V TRANSFER FEE 06-Apr-2004 - CASE TRANSFERRED TO CUMBERLAND COUNTY VIA CERTIFIED MAIL #7160 3901 9842 2163 9113 (1 ENVELOPE). ------------------------------------------------------------------------------ FEE TYPE DATE AMOUNT PAYDATE PAYOR REMARKS NEW SUIT 29-Jan-2004 $87.00 29-Jan-2004 PLTF SATISFACTION FEE 29-Jan-2004 $8.00 29-Jan-2004 PLTF *PUB:ONEDOCKET* IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA CIVIL DIVISION FAMILY COURT DOCKET AS OF 06-Apr-2004 09:40:41 .................... :CASE # 2004-FC-0109 JUDICIAL COMPUTER PROGRAM 29-Jan-2004 MEDIATION FEE 29-Jan-2004 CUSTODY/MED 29-Jan-2004 PROTHY AUTO TAX 29-Jan-2004 LEHIGH COUNTY E-FILING 29-Jan-2004 TRANSFER FEE 18-Mar-2004 CHILD CUSTODY &/OR VISITN $10.0 $20.00 $5.00 $5.00 $5.00 $16.00 0 29-Jan-2004 PLTF 29-Jan-2004 PLTF 29-Jan-2004 PLTF 29-Jan-2004 PLTF 29-Jan-2004 PLTF 30-Mar-2004 INTP I, Andrea F.. Naugle. Clerk of Courts of the Court of Common Pleas of Lehigh County, Allentown, PA do certify that this If u true and correct copy of the original record I1led In said Court. Andrea E. Naugle. Clerk of Courts y Q - ` 1 Date Deputy Date T V C IN THE COURT OF COMMON PLEAS OF LEE IGH COUNTY. PENNSYLVANIA CIVIL. DIVISION ?1e? 10 Z Plaintiff vs. Defendant FILE NO. Zo zl- RI Ao -1 TO THE CLERK OF COURTS - CIVIL DIVISION T Please update Plaintiff/.Qefendant'c Address as follows: n y o?? FROM: /14 6 CQ OA X t l /? 2 ? _ t7 !f cn TO. DAYTIME TELEPHONE NO.: C/o/ 6 q46 .S ~ r9c3 W5 Effective Date Sip; re ao n suale. Clarh of f'our's of the Court of Common 1, i X. ohp Nh County. Allentown. PA do certify that this Is. true lena Andres and eorrect copy of-be original of courts said Court- Andrea F. Niueio C 7 ' pate 4&pu" DetY 44 .0 `,VM IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA \ CIVIL DIVISION L SHELBY J. BACZ ) NO. 2004-FC-109 Plaintiff ) Ti VS. ) CUSTODY o c v zF: -o .uf BRYAN J. BACZ ) ASSIGNED JUDGE: 5 Defendant ) n ORDER AND NOW, this 101, day of March, 2004, after conference before the Custody Hearing Officer, the Hearing Officer recommends that the following Order be entered: The Court Administrator's Office is directed to place the above-captioned matter on the Custody Trial List for hearing before a Judge of the Family Court Division. R tfluol1ly submitted, Allen ; Tullar, Esquire NOW, this )a day of March, 2004, APPROVED AND SO ENTERED. BY THE COURT: F'? as ?s FIE Alan M. Black, J/]^ 9, Andttu P„ Naugle, cterk of Courts of the court of Cummon Pitae of C,cbigh ('oual), Alicotowit, PA do certify that this is a true and correct copy of tb* original record flied in said Court. Andrea B. Naugle, Clerk of Courts ?Date Deputy _lf q lo L) ? fi lb IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY. PEN\SYLVANIA CIVIL DIVISION ?SHc(,B,-I eAC?- ) ^o. aN \q Plaintiff ) VS. ) CUSTODY 69 0 t\j -,T, B,Acc-Z ) Defendant ?C - ?Nq < r n c_ o¢ , Y ORDER OF COURT v ?? 0 You. IWAM s, P->AC:Z- Defendant have been sued in Court to obtain custody. partial custody. or visitation of the child(ren): I-ACHAM A, AAC e 5AC03 I , eAC? You are Ordered to appear in person at the Custod}' Hearing Office. Room 729, Lehigh Count- Courthouse. 455 Hest Hamilton Street, Allentown. PA 18101 on _FZbfD 200_4 at j m. formadishiea[conference. If you fail to appear as pro%ided b? this Order. an Order for custod%. part ial custod%. or %isitation ma% be entered against you or the Court ma% issue a %%arrant for %our arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE .A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEHIGH COUITY BAR ASSOCIATI Aalil"i;C,NoN(Ito.Clerkoftnaraaffho4,uartof Common ertity that L.AWYERREFERRAL SERVICE ????f'rMllbt'qugly,ANfut(Iwu,PAda pledlaacidCouCtioa true lad egrrrrf copy of tkr ttriglaal erra! led lrt 1114 WALNUT STREET Andrea E. Naugle, Clerk of Courts ALLENTOWV, P.A 18102 A.. "ITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Lehigh Count% is required b> law to oomph with the Americans Disabilities Act of 1990. For information about accessible facilities and reasonable accommodation, available to disabled individuals having business before the Court.ylcase contact our *Meg, Ali arrangements most be made at least 72 hours prior to any hearing or business before the CCCouuurrrtt,.?I ou must attend the scheduled conference or hearing. (610) 433-7094 , / d. 6 Aker RIC NS Date pie, / U Date. , rL, ?? J. IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA CIVIL DIVISION S t 4E (Ry a. 9ACZ ) NO. Plaintiff ) vs. ) CUSTODY 6 ,-4Ar i J. OAC z ) Defendant ) COMPLAINT FOR (CUSTODY) (PARTIAL CUSTODY) (VISITATION) 1. The Plaintiff is 5Nr` LS?1 Q, 13ACZ Neu1V1 L-L-je PA (city) (state) 2. The Defendant is RR\4Ar f ?T. 13AC? KL?r? iz?,UrJ PA (city) (state) residing at `740 Px 05ERV) Lt-F- (street) 1'7z4( Cum gr-PZLA"0 (zip code) (county) residing at /G5(c AS(-A c-V CT (street) ??5?r, ?E(a(caN . (zip code) (county) 3. Plaintiff seeks (custody) (partial custody) (visitation) of the following child( ren): Name Present Residence PAI-0 0 Age and Birthdate '4ACHARq A, SAX 1824 HeSHn?inl?24L1SCAKuS(r 5 - 1A 1/93 IPA 1-7013 .AAC06 T, 6ACI (`67S4 i?E1SE(vtn<v?IC?R?vS r4kug-E 2 - 5/2_q/0 i The child(ren) (was/were) ('was not/were not) born out of wedlock. The chiilldj(ren) is/are presently in the custody of, who resides at 11gD V Nrv I I Ie (street) flew U i h PR ni K rlruA (city) (state) (zip code) (county) During the past five years. the child(ren) has, have resided %%ith the follov.-in_ and at the following addresses: List all persons List all addresses M9rRA ?Y. UWN FK ITIN AffISFf&YW(j)XCQA 6Z rO fSHO_&I Mci- I loS(o A SP Lt `I CT Kt 6[061 A S(i'( u5-4 6AC-?- ut iDe-rJ AJE GeT ALtHeM The Mother of the child is SNEt M T, P,AC iz Dates I-15-oy to ?yl?itaa? 10- 2000 -to 1- (5-0 *Ig99 +0 10 - 2oao currently residing at rI(406L r ECV 1 C- 2D NEuNI LL C Q4 I'124 I CUrii 6&-KC 4 jO (street) (cin) (state) (zip code) (county) The Father of the child is currently residing at (street) (cirv) (state) (zip code) ( unty) 4. The relationship of the Plaintiff to the child(ren) is that of fYlr7k.1? The Plaintiff currenth resides w ith the following persons: Name Relationship 5. The relationship of the Defendant to the child(ren) is that of t (I"U-? . The Defendant currentl resides ith the folio" ing persons: Narne Relationship Plaintiff has been advised of the requirement to attend the Co-Parem Education Program and has received a cope of the Order requiring the same and the Registration Form. The Defendant will be pro% ided along with this Complaint/Petition a cope of the Order requiring attendance at the Co-Parent Education Program and registration form. Plaintiff hae?Trticipated as a part or witness. or in another capacit%. in other litieation concerning the custody of the said child in this or another court. The court. term number. and its relationship to this action is: Plaintiff (has o n ation of a cutody proceeding concerning the child pending in a court of thior any other state. The court. term and number. and its relationship to this action is: Plaintiff knows/ oes of kno%% o a person not a par to the proceedings who has physical custody of the chi c aims to ha%e custod% or %isitation rights %%ith respect to the child. The name and address of such person is: 8. The best interest and permanent %kelfare of the child(ren) "ill be served h% crantin!_ the relief requested because (set forth facts shoes ine that the eranting of the relief requested %k ill be in the best interest and permanent x%elfare of the child) -? O-AA, a 5C-r)(?YY1ptl4tl? CCxa\ ?XCk) &L Q S, rt flu t R,vu h t`-0V-\ VKty- ?,- rvl A t (? A L.V, - j k- 01 -t.4 Jv. ovt-Q- ()> - <: j , fe ? f'lc z . al ... <5 -fad or ilk-p '( r A 4-lu.r ; Pt o 0 ,Sr se-r- t 3 GL{-EC?C f e.r?? (DO G"U C4?0('firm P'js00 , c'1\? 4cu J Each parent whose parental rights to the child(ren) have not been terminated and the person who has physical custody of the child(ren) have been named as parties to this action. Allother persons. named below, who are known to have or claim a right to custody or visitation of the child(ren) will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim WHEREFORE. Plaintiff requests the, Court to grant (custody) (partial custody) (visitation). because it Aill be in the best interest ?of the child(ren). Petitioner I verify that the statements made in this complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of IS Pa.C.S. Sec. 4904 relating to unsworn falsification toauthoriti Dat P titioner t 4 1 Dad went to bar, left sons in car, police say The Associated Press BETHLEHEM • A man was charged for leaving his two young sons in a sport utility vehicle, parked outside in near-zero temperatures, while spending about 30 minutes at bar, police said. Bryan Bacz, 45, was stopped by police shortly after leaving the Happy Tap Bar in south Bethlehem late Thursday, po- lice said. He was charged with two counts of endangering the welfare of a child and one count of drunken driving. The bartender called police after watching Bacz leave the tavern and enter a Honda Pi- lot with two young children inside, police said. The bar- tender did not serve Bacz be- cause he thought he was too drunk, court records said. The two boys, ages 2 and 4, were found barefoot in the back seat of the car, authori- ties said. They were taken for observation to St. Luke's Ho's- ppital in Fountain Hill and re- leased. The boys were turned over to Northampton Countys Di- vision of Children and Youth Services, which released them into the custody of their ma- tern] grandmother. . Bacz was imprisoned in lieu of $7500.bail and ordered to surrender his driver's license. He faces a preliminary hear- ing on jam 26. SF, S1 2004 CO-PARENT EDUCATION PROGRAM REGISTRATION FORM READ ALL INFORMATION The COPE program is provided by Family/Divorce Services, Trexlertown. Call 610-366-8868 with any questions and REGISTER BY MAIL ONLY(see below). The Program is held in Room 803 of the Lehigh County Courthouse, 455 Hamilton ST, Allentown. Security is provided by the Sheriffs Department. Choose a Saturday morning or a Wednesday evening session. You must attend within 60 days of filing or receiving a divorce/custody complaint. The cost of the program is $35 per party. If you receive Social Security Disability benefits or cash assistance for yourself from DPW, include verification of this with your registration below and your fee will be waived. An adult who resides with a party or a relative who provides substantial child care may attend with you, free of charge, if registered below as a GUEST. Other guests will pay a $15 guest fee. A videotape to view and return is available ONLY to parties who reside more than 90 minutes driving time from Allentown. See registration form below and order the video only if you qualify. Register at least 7 days before you plan to attend. Confirmations are NOT sent. Come to the class you choose. Children shall NOT be brought to the courthouse. Be prompt. Doors are locked when the class starts. Latecomers must reschedule. In case of a snowstorm, a message will be at 610-366-8868 when a decision is made to cancel. PARKING is available between 4 h and 5`h on Linden Street, in a county/jury lot behind the prison. REGISTER BY MAIL ONLY. Select a date, complete the form and mail it with check or money order to: Family/Divorce Service, P.O. Box 318, Trexlertown, PA 18087. Docket number of divorce or custody case: -FC- . Docket number MUST be filled in for attendance credit. Only "FC" (Family Court) docket numbers are correct. Your Name Address: City State Zip Guest(name and relationship to child) Your phone: Home Work Select either a Saturday or Wednesday program: Saturday 9AMAPM Wednesday 5:30-9:30PM ---January 3, 2004 ---July 17 ---January 7, 2004 -February 14 --August 14 -March 3 --March 13 --September 18 --May 5 -April 17 --October 9 -July 7 --May 15 -November 13 -September 15 -June 12 -December 11 -November 3 ---Video $70 total (includes fee, S&H and $25 deposit). The deposit is refunded when tape is returned promptly in reusable condition. n Li .-b C?l 0 'mob A, c' Paul J. Esposito, Esquire 1,D,025454 GOLDBERG KATZMAN. P. C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108.1268 (717) 234-416P, (717) 2344161 (facsimile) ( """t A,, P SHELBY J. BACZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-3841 BRYAN J. BACZ, : CIVIL ACTION -LAW Defendant : IN CUSTODY PETITION TO MODIFY ORDER OF CUSTODY AND NOW, comes the Defendant, Bryan J. Baez, by and through his attorneys, Paul J. Esposito, Esquire, and Goldberg Katzman, P.C., and files this :Petition to Modify Order of Custody, and in support thereof, avers the following: For the reasons set forth in Petitioner's Emergency Petition for Special Relief, which is attached hereto and made a part hereof, Petitioner believes that it is in the best interests of his children that he be awarded primary legal and physical custody of his sons, Zachary Baez and Jacob Bacz. GOLDBERG KATZMAN, P.C. / Paul J. po o Attorney 1.0. 425454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: '("`?' ??6'tC/?-`> AttorneyforPetitioner/Defendant VERIFICATION I verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: 2005 do BRYAN CZ Copy SHELBY J. BACZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2004-3841 BRYAN J. BACZ, : CIVIL ACTION -LAW Defendant : IN CUSTODY ORDER AND NOW this day of October, 2005, upon consideration of the within Emergency Petition for Special Relief, it is hereby ORDERED and DIRECTED that Petitioner, Bryan J. Bacz, is awarded primary physical custody of the children Zachary A. Bacz, born January 21, 1999; and Jacob T. Bacz, bom May 29, 2001, on an interim basis and pending further Order of this Court. BY THE COURT: J. Paul J. Esposim, Esquire I.D. X25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 171081268 (717) 234-4161; (717) 234.4161 (facsimile) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2004-3841 BRYAN J. BACZ, : CIVIL ACTION -LAW Defendant : IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF Defendant, Bryan J. Baez, through his counsel, Paul J. Esposito, Esquire, and Goldberg Katzman, P.C., files this Emergency Petition for Special Relief and in support thereof avers as follows: 1. Respondent/Plaintiff is Shelby J. Baez, Mother, whose last known address is 99 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania. Petitioner/Defendant is Bryan J. Baez, Father, who currently resides at 248 West Chestnut Street, Macungie, Lehigh County, Pennsylvania. The parties are the parents of two minor children, namely, Zachary A. Baez, born January 21, 1999; and Jacob T. Baez, born May 29, 2001. 4. On March 12, 2004, the Honorable Alan M. Black, Judge of the Court of Common Pleas of Lehigh County, Pennsylvania, issued an Interim Order regarding custody of Zachary and Jacob. A copy of Judge Black's Order is attached hereto, made a part hereof and marked Exhibit "A." 5. The aforementioned Order, inter alia, awarded primary physical custody of the children to their maternal grandmother, Martha Unger, who at that time resided and continues to reside in Cumberland County, Pennsylvania. 6. On March 16, 2004, the Honorable Lawrence J. Brenner, Judge of the Court of Common Pleas of Lehigh County, Pennsylvania, issued an Amended Order, directing the Clerk of Courts of Lehigh County to transfer the instant case to Cumberland County. A copy of said Amended Order is attached hereto, made a part hereof and marked Exhibit "B." No further proceedings have occurred in Cumberland County or elsewhere in this matter since the transfer of the case in March, 2004. 8. From December 2002 until January 15, 2004, the boys resided with Petitioner. During that time period, Respondent visited with the boys at Petitioner's home on approximately ten (10) occasions, and at no time did she exercise partial physical!. custody. 9. On January 15, 2004, Petitioner was charged with Driving Under the Influence and Endangering the Welfare of the parties' children. 10. Also on January 15, 2004, Martha Unger, the maternal grandmother, assumed physical custody of the boys until February 21, 2004, when Ms. Unger made arrangements for the boys to live with her sister/their maternal great-aunt, Helen Boyer, who resides in Franklin County, Pennsylvania. 11. The boys remained with Ms. Boyer until April 28, 2004, when Respondent informed Petitioner that she had taken the boys from Ms. Boyer. 12. Petitioner, by way of informal arrangement, assumed physical custody of the boys for the majority of the time between May 2004 and September 2004. .::OD..VA I PCDOCSDOCSV 1697411 13. On July 13, 2004, Petitioner entered into a negotiated plea to the aforementioned charge of Endangering the Welfare of Children. 14. On October 12, 2004, Petitioner was sentenced on said charges of Endangering the Welfare of Children and Driving Under the Influence. 15. Petitioner served a sentence of incarceration from October 22, 2004 until November 24, 2004. 16. The children were in Petitioner's custody every weekend and holiday between November 25, 2004 and May 18, 2005, with the approval of his Community Corrections Field Officer. 17. From May 19, 2005 until August 16, 2005, Petitioner participated in the inpatient treatment at Gaudenzia Concept 90 in Harrisburg, Pennsylvania, which he successfully completed with all goals achieved. 18. Petitioner has had custody of his sons every weekend since August 16, 2005. 19. Since the incident on January 15, 2004, Petitioner has telephoned his sons on a daily basis and has remained very close and involved with them when they have not been in his physical custody. 20. In addition to his successful completion of the Gaudenzia Concept 90 program, Petitioner voluntarily attended individual drug and alcohol counseling with Community Psychological Services, remains active in Alcoholics Anonymous, including attendance at meetings four (4) to five (5) times per week, and currently attends out-patient treatment at White Deer Run with an anticipated completion in eight (8) weeks. 21. Petitioner has been sober since January 16, 2004. ::ODMA PCDOC51,DOCS{1269741 22. Respondent has a lengthy history of substance abuse, which continues to this time. 23. Respondent has a criminal record in connection with her involvement with drugs, including a 3'/z year sentence at SCI Muncy. 24. Most recently, Respondent was one of eighteen (18) suspected drug dealers linked to a cocaine distribution ring operating in and around Cumberland County Pennsylvania, who were arrested on drug-related charges. Specifically, Respondent was charged with two (2) counts each of Possession with Intent to Deliver Cocaine and Criminal Conspiracy. 25. At the time of her arrest and for a considerable period of time prior thereto, Respondent resided with George Santiago, who has been identified as one of the alleged primary suppliers of the cocaine. 26. According to a Press Release by the Attorney General's Office on September 15, 2005, the Grand Jury investigating this matter found that Santiago would often have a room full of dealers lined up at their home, which he shared with Respondent, awaiting their supply of cocaine. 27. Petitioner believes that the maternal grandmother and maternal great-aunt, to whom custody of the boys was entrusted, allowed Respondent to assume physical custody of the boys at the home she shared with Santiago. 28. Petitioner further believes the boys were exposed to the drug-dealing activities of Respondent and Santiago. 29. Petitioner has learned that Respondent, who is currently free on bail, has vowed to reassume custody of the boys until her charges are resolved. ::0DMAIPCD0CSID0CS12697411 4 30. The maternal grandmother and maternal great-aunt have acted in a totally irresponsible manner in allowing the children to be in Respondent's custody, thereby exposing them to drug activities, drug dealers and firearms. 31. Petitioner is sober and has and continues to take all steps necessary to maintain his sobriety. 32. Petitioner owns his own home, is employed full time and is fully capable of assuming the full-time care and responsibility of this sons, with whom he has continued to have a very close relationship. 33. Petitioner recently learned that Zachary has not attended school for approximately three (3) weeks and he has not been able to elicit any credible explanation from the maternal grandmother or maternal great-aunt for these absences. 34. Petitioner has, contemporaneously with this Petition, filed a Petition to Modify the Order of March 12, 2004, whereby he seeks primary legal and physical custody of his sons. 35. The conditions in Helen Boyer's residence are not conducive to the best interests of the boys. Petitioner submits the following in support of this assertion: (a) Helen Boyer' residence is a small, three bedroom house in which nine (9) persons including Zachary and Jacob live. (b) The boys do not have a bed in which to sleep and must therefore sleep on a sofa or the floor. (c) The boys have been forced to wear Pampers while sleeping despite the fact that neither has exhibited any signs of enuresis. ::ODMAIPCDOCSIDOCSV 269740 (d) The boys have reported to Petitioner that they are punished by having their hair pulled and threatened with spankings. (e) Petitioner has very recently been refused telephone access to his sons on several occasions. 36. Petitioner has taken several steps in anticipation of having the boys in his custody including arrangements to have Zachary attend school at the Macungie Elementary School in East Penn School District and confirming daycare arrangements for both boys. 37. Petitioner believes that the best interests of his sons can only be protected and served by the immediate transfer of physical custody to him. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an immediate order awarding him interim primary physical custody of his sons pending a custody conciliation conference or further order of court. Date: '2005 GOLD ERG TZMAN 1 Paul J. pos Attorney 1. . #25454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Petitioner,/Defendant ::ODMAW DOCSI DOC84269744 PECVLIf-0 JEI,?t6+ A IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA CIVIL DIVISION SHELBY J. BACZ, ) NO. 2004•-FC-109 Plaintiff ) V& ) CUSTODY BRYAN J. BACZ, ) Defendant ) INTERIM ORDER Decreed: AND NOW, this day of March, 2004, it is hereby Ordered and 1. The parties shall exercise shared legal custody of their minor children, Zachary A. Baez, born January 21, 1999 and Jacob T. Baez, bom May 29, 2001. The parties shall consult and cooperate with one another on the major decisions affecting the children's lives, such as education, religious training, medical treatment, and so forth. Each parent shall have the right to receive directly from the children's school, copies of the children's report cards, notices of parent/teacher conferences, and any other information normally released to a custodial parent. Each :parent shall further have the right to receive any medical, dental, or day care records or reports normally released to a custodial parent. 2. The maternal grandmother, Martha Unger, shall, pending further Order of Court, following the recommendations of the Cumberland County Office of Children and Youth Services and County of Lehigh Office of Children Youth and Services, exercise primary physical custody of the minor children. 3. Plaintiff Shelby J. Bacz and Bryan J. Baez shall, pending further Order Court, in accordance with the recommendations of the four mentioned offices of Children and Youth Services, exercise such periods of visitation as may be agreed upon by the 4. Mother shall cooperate with the County of Lehigh Office of Children and Youth Services and Cumberland County Office of Children and Youth Services and shall comply with any and all recommendations made in connection with their investigations. Similarly, Father shall cooperate and comply with the County of Lehigh Office of Children and Youth Services and any recommendations made in connection with its investigation including, but not limited to completion of an appropriate drug and alcohol treatment program. 5. Each party shall keep the other advised of a current address and telephone number. 6. Each party shall advise the other promptly of any illness suffered or injury sustained by the minor children. Each party shall keep the other advised in advance of any doctor appointments or medical treatment, except in cases of emergency, when each party shall notify the other as soon as possible 7. The parties may modify the schedule set forth above as they may agree to be in the best interests of their minor children, and the parties are encouraged to be flexible in accommodating reasonable requests for schedule changes. 2 The non-custodial parent at any given time shall have reasonable ongoing access to the minor children, and the minor children shall not be precluded from telephoning the non-custodial parent at reasonable times. Should the children be unavailable to receive a telephone call from a parent, the custodial parent shall be for having the children return the telephone call. 9. The parties shall not undertake or allow by any other person the poisoning of the minor children's mind against one of the other parties by conversation which includes any critical, hostile, or condemning language, or in any way derogates the other party or extended family members. 1¢- parties shall not conduct or permit arguments or heated conversations in the presence or hearing of their minor children. 11. Neither party shall attempt, or condone any attempt directly or indirectly, by any artifice or subterfuge whatsoever, to estrange the children from the other parent, or to injure or impair the mutual love and affection of the children. At all times each parent shall encourage and foster in the children a sincere respect and affection for the other parent and shall not hamper the natural development of the children's love and respect for the other parent. 12. The parties shall communicate directly with each other regarding their minor children and shall allow no interference from any third persons. The minor children shall not be used as an intermediary. All contact between the parties, whether in person or by telephone, shall be polite, civil, and respectful. 3 13. The parties shall attend the Co-Parent Education Program pursuant to this Court's Order of December 30, 1993. Any person residing with the parties may attend the Co-Parent Education Program with the party at no additional charge, upon pre- registration. BY THE COURT: J. 4 SYVLANIl1 IN THE COURT OF COMMON PLEAS OF LEWGH COUNTY. PENN CIVIL DIVISION SHELBY J. BACZ Plaintiff VS. BRYAN J. BACZ AND Defendant No. 2004-FC-0109. NOW, this 16th day of March, 2004„ it appearing that the Plaintiff mother resides in the Cumberland County and that the children are presently in the custody of the maternal grandmother, who resides in Cumberland County and at the time of the filing of the complaint the Defendant father resided in Berks County, and it appearing further that Cumberland County is a more convenient forum, IT IS HEREBY ORDERED that the Clerk of Courts transfer this case to Cumberland County. Cn + ti a _ Ck U 7 _ O x : C J a w J 4 O d N BY THE COURT: LAWRENCE J. BRENNER, J. CERTIFICATE OF SERVICE On this day of 064{ , 2005, I certify that a copy of the foregoing was served upon the following counsel of record by delivering same in the manner indicated, addressed as follows: VIA CERTIFIED MAIL Shelby J. Baez 99 Beetem Hollow Road Newville, PA 07241 Martha Unger 1824 Heishman Garden Drive Carlisle, PA 17013 Helen Boyer 1048 Kunkle Drive Chambersburg, PA 17201 GOLDBERG KATZMAN, P.C. 44aZY, Paul J sp to Supreme Court ID #25454 Attorneys for Petitioner/Defendant ::ODMAIPCDOCSIDOCSV269741 / CERTIFICATE OF SERVICE On this t f day of 2005, I certify that a copy of the foregoing was served upon the following counsel of record by delivering same in the manner indicated, addressed as follows: VIA CERTIFIED MAIL Shelby J. Bacz 99 Beetem Hollow Road Newville, PA 17241 Martha Unger 1824 Heishman Garden Drive Carlisle, PA 17013 Helen Boyer 1048 Kunkle Drive Chambersburg, PA 17201 GOLDBERG KATZMAN, P.C. Paul J. E#osi Supreme Court ID #25454 Attorneys for Petitioner/Defendant ? ? ? ? ? ? w P C w ? J ? ? c z? 'f'-- ?; -; ??, ? -? o ` :„ ., Y . ;? { -- r? Paul 1. Esposito, Esquire LD-#25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Hamsbmg, PA 17108-1268 (717)274-4161;(717)234-4161 (facsimile) SHELBY J, BACZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRYAN J. BACZ, Defendant No. 2004-3841 CIVIL ACTION - LAW IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF Defendant, Bryan J. Baez, through his counsel, Paul J. Esposito, Esquire, and Goldberg Katzman, P.C., files this Emergency Petition for Special Relief and in support thereof avers as follows: 1. Respondent/Plaintiff is Shelby J. Baez, Mother, whose last known address is 99 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania. 2. Petitioner/Defendant is Bryan J. Baez, Father, who currently resides at 248 West Chestnut Street, Macungie, Lehigh County, Pennsylvania. 3, The parties are the parents of two minor children, namely, Zachary A. Baez, born January 21, 1999; and Jacob T. Baez, born May 29, 2001. 4, On March 12, 2004, the Honorable Alan M. Black, Judge of the Court of Common Pleas of Lehigh County, Pennsylvania, issued an Interim Order regarding custody of Zachary and Jacob. A copy of Judge Black's Order is attached hereto, made a part hereof and marked Exhibit "A." 5. The aforementioned Order, inter alia, awarded primary physical custody of the children to their maternal grandmother, Martha Unger, who at. that time resided and continues to reside in Cumberland County, Pennsylvania. On March 16, 2004, the Honorable Lawrence J. Brenner, Judge of the Court of Common Pleas of Lehigh County, Pennsylvania, issued an Amended Order, directing the Clerk of Courts of Lehigh County to transfer the instant case to Cumberland County. A copy of said Amended Order is attached hereto, made a part hereof and marked Exhibit "B." No further proceedings have occurred in Cumberland County or elsewhere in this matter since the transfer of the case in March, 2004. 8. From December 2002 until January 15, 2004, the, boys resided with Petitioner. During that time period, Respondent visited with the boys at Petitioner's home on approximately ten (10) occasions, and at no time did she exercise partial physical custody. 9. On January 15, 2004, Petitioner was charged with Driving Under the Influence and Endangering the Welfare of the parties' children. 10. Also on January 15, 2004, Martha Unger, the maternal grandmother, assumed physical custody of the boys until February 21, 2004, when Ms. Unger made arrangements for the boys to live with her sister/their maternal great-aunt, Helen Boyer, who resides in Franklin County, Pennsylvania. It. The boys remained with Ms. Boyer until April 28, 2004, when Respondent informed Petitioner that she had taken the boys from Ms. Boyer. 12. Petitioner, by way of informal arrangement, assumed physical custody of the boys for the majority of the time between May 2004 and September 2004. , ODMA PCDOCSIDOCS11269M] 13. On July 13, 2004, Petitioner entered into a negotiated plea to the aforementioned charge of Endangering the Welfare of Children. 14. On October 12, 2004, Petitioner was sentenced on said charges of Endangering the Welfare of Children and Driving Under the Influence. 15. Petitioner served a sentence of incarceration from October 22, 2004 until November 24, 2004. 16. The children were in Petitioner's custody every weekend and holiday between November 25, 2004 and May 18, 2005, with the approval of his Community Corrections Field Officer. 17. From May 19, 2005 until August 16, 2005, Petitioner participated in the inpatient treatment at Gaudenzia Concept 90 in Harrisburg, Pennsylvania, which he successfully completed with all goals achieved. 18. Petitioner has had custody of his sons every weekend since August 16, 2005. 19. Since the incident on January 15, 2004, Petitioner has telephoned his sons on a daily basis and has remained very close and involved with them when they have not been in his physical custody. 20. In addition to his successful completion of the Gaudenzia Concept 90 program, Petitioner voluntarily attended individual drug and alcohol counseling with Community Psychological Services, remains active in Alcoholics Anonymous, including attendance at meetings four (4) to five (5) times per week, and currently attends out-patient treatment at White Deer Run with an anticipated completion in eight (8) weeks. 21. Petitioner has been sober since January 16, 2004. ODMA TCDOCSIDOCSI 1269 7411 22. Respondent has a lengthy history of substance abuse, which continues to this time. 23. Respondent has a criminal record in connection with her involvement with drugs, including a 3'/z year sentence at SCI Muncy. 24. Most recently, Respondent was one of eighteen (18) suspected drug dealers linked to a cocaine distribution ring operating in and around Cumberland County Pennsylvania, who were arrested on drug-related charges. Specifically, Respondent was charged with two (2) counts each of Possession with Intent to Deliver Cocaine and Criminal Conspiracy. 25. At the time of her arrest and for a considerable period of time prior thereto, Respondent resided with George Santiago, who has been identified as one of the alleged primary suppliers of the cocaine. 26. According to a Press Release by the Attorney General's Office on September 15, 2005, the Grand Jury investigating this matter found that Santiago would often have a room full of dealers lined up at their home, which he shared with Respondent, awaiting their supply of cocaine. 27. Petitioner believes that the maternal grandmother and maternal great-aunt, to whom custody of the boys was entrusted, allowed Respondent to assume physical custody of the boys at the home she shared with Santiago. 28. Petitioner further believes the boys were exposed to the drug-dealing activities of Respondent and Santiago. 29. Petitioner has learned that Respondent, who is currently free on bail, has vowed to reassume custody of the boys until her charges are resolved. :: ODMA I PCDOCY DOM 269 7411 30. The maternal grandmother and maternal great-.aunt have acted in a totally irresponsible manner in allowing the children to be in Respondent's custody, thereby exposing them to drug activities, drug dealers and firearms. 31. Petitioner is sober and has and continues to take all steps necessary to maintain his sobriety. 32. Petitioner owns his own home, is employed full! time and is fully capable of assuming the full-time care and responsibility of this sons, with whom he has continued to have a very close relationship. 33. Petitioner recently learned that Zachary has not attended school for approximately three (3) weeks and he has not been able to elicit any credible explanation from the maternal grandmother or maternal great-aunt for these absences. 34. Petitioner has, contemporaneously with this Petition, filed a Petition to Modify the Order of March 12, 2004, whereby he seeks primary legal and physical custody of his sons. 35. The conditions in Helen Boyer's residence are not conducive to the best interests of the boys. Petitioner submits the following in support of this assertion: (a) Helen Boyer' residence is a small, three bedroom house in which nine (9) persons including Zachary and Jacob live. (b) The boys do not have a bed in which to sleep and must therefore sleep on a sofa or the floor. (c) The boys have been forced to wear Pampers while sleeping despite the fact that neither has exhibited any signs of enuresis. :: ODMAIPCDOCSIDOM 269741 (d) The boys have reported to Petitioner that they are punished by having their hair pulled and threatened with spankings. (e) Petitioner has very recently been refused telephone access to his sons on several occasions. 36. Petitioner has taken several steps in anticipation of having the boys in his custody including arrangements to have Zachary attend school at the Macungie Elementary School in East Penn School District and confirming daycare arrangements for both boys. 37. Petitioner believes that the best interests of his sons can only be protected and served by the immediate transfer of physical custody to him. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an immediate order awarding him interim primary physical custody of his sons pending a custody conciliation conference or further order of court. Date: 2005 GOLD ERG KAT'ZMAN, P.C. 2z Paul J. pos o Attorney I.D. #25454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Petitioner/Defendant :: ODMAIPCDOCYDOCSV 26974V VERIFICATION I verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. 1 understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: I 1014- 2005 -RY an BRYAN CZ 61 RECYCLED 0 IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA CIVIL DIVISION SHELBY J. BACZ, ) NO. 2004-FC-109 Plaintiff ) vs. ) CUSTODY BRYAN J. BACZ, ) Defendant ) INTERIM ORDER Decreed: - AND NOW, this day of March, 2004, it is hereby Ordered and 1. The parties shall exercise shared legal custody of their minor children, Zachary A. Bacz, born January 21, 1999 and Jacob T. Bac:z, born May 29, 2001. The parties shall consult and cooperate with one another on the major decisions affecting the children's lives, such as education, religious training, medical treatment, and so forth. Each parent shall have the right to receive directly from the children's school, copies of the children's report cards, notices of parent/teacher conferences, and any other information normally released to a custodial parent. Each parent shall further have the right to receive any medical, dental, or day care records or reports normally released to a custodial parent. 2. The maternal grandmother, Martha Unger, shall, pending further Order of Court, following the recommendations of the Cumberland County Office of Children and Youth Services and County of Lehigh Office of Children Youth and Services, exercise primary physical custody of the minor children. 3. Plaintiff Shelby J. Bacz and Bryan J. Bacz shall, pending further Order Court, in accordance with the recommendations of the four mentioned offices of Children and Youth Services, exercise such periods of visitation as may be agreed upon by the 4. Mother shall cooperate with the County of Lehigh Office of Children and Youth Services and Cumberland County Office of Children and Youth Services and shall comply with any and all recommendations made in connection with their investigations. Similarly, Father shall cooperate and comply with the County of Lehigh Office of Children and Youth Services and any recommendations made in connection with its investigation including, but not limited to completion of an appropriate drug and alcohol treatment program. 5. Each party shall keep the other advised of a current address and telephone number. b. Each party shall advise the other promptly of fury illness suffered or injury sustained by the minor children. Each party shall keep the other advised in advance of any doctor appointments or medical treatment, except in cases of emergency, when each party shall notify the other as soon as possible 7. The parties may modify the schedule set forth above as they may agree to be in the best interests of their minor children, and the parties are encouraged to be flexible in accommodating reasonable requests for schedule changes. 2 i _. The non-custodial parent at any given time shall have reasonable ongoing access to the minor children, and the minor children shall not be precluded from telephoning the non-custodial parent at reasonable times. Should the children be unavailable to receive a telephone call from a parent, the custodial parent shall be for having the children return the telephone cal]. 9. The parties shall not undertake or allow by any other person the poisoning of the minor children's mind against one of the other parties) by conversation which includes any critical, hostile, or condemning language, or in any way derogates the other party or extended family members. jjf parties shall not conduct or permit arguments or heated conversations in the presence or hearing of their minor children. 11. Neither party shall attempt, or condone any attempt directly or indirectly, by any artifice or subterfuge whatsoever, to estrange the children from the other parent, or to injure or impair the mutual love and affection of the children. At all times each parent shall encourage and foster in the children a sincere respect and affection for the other parent and shall not hamper the natural development of the children's love and respect for the other parent. 12. The parties shall communicate directly with each other regarding their minor children and shall allow no interference from any third persons. The minor children shall not be used as an intermediary. All contact between the parties, whether in person or by telephone, shall be polite, civil, and respectful. 3 13. The parties shall attend the Co-Parent Education Program pursuant to this Court's Order of December 30, 1993. Any person residing with the parties may attend the Co-Parent Education Program with the party at no additional charge, upon pre- registration. BY THE COURT: J. 4 i 4,o IN THE COURT OF COMMON PLEAS OF LMUGH COUNTY, PENNSYVLANIA SHELBY J. BACZ Plaintiff VS. BRYAN J. BACZ AND Defendant 1 No.2004-FC-0109 AMENDED ORDER NOW, this 16th day of March, 2004, it appearing that the Plaintiff mother resides in the Cumberland County and that the children are presently in the custody of the maternal grandmother, who resides in Cumberland County and at the time of the filing of the complaint the Defendant father resided in Berks County, and it appearing further that Cumberland County is a more convenient forum, IT IS HEREBY ORDERED that the Clerk of Courts transfer this case to Cumberland County. BY THE COURT: M 1 + ? a _ L ? e [ Q CD o J J 4 O O N LAWRENCE J. BRENNER, J. CERTIFICATE OF SERVICE On this '/ a day of 7G tl f _,2005, I certify that a copy of the foregoing was served upon the following counsel of record by delivering same in the manner indicated, addressed as follows: VIA CERTIFIED MAIL Shelby J. Baez 99 Beetem Hollow Road Newville, PA 07241 Martha Unger 1824 Heishman Garden Drive Carlisle, PA 17013 Helen Boyer 1048 Kunkle Drive Chambersburg, PA 17201 GOLDBERG KATZMAN, P.C. i Paul J7 sp to Supreme ourt ID #25454 Attorneys for Petitioner/Defendant :: ODMA I PCDOCSI DOCSI11697411 p ?. rs O t Paul 1. Esposito, Esquire ID. 1,25454 GOLDBERG KAI ZMAN, P. C. 320 Markel Street P. O Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161,(717) 234-4161 (facsimile) ('ot,"'I /nr D I"nch" SHELBY BACZ, Plaintiff BRYAN BACZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-3841 CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, as counsel for Defendant in the above-captioned matter. GOL'PBERG K TZMAN, P.C. Paul J. pos' Attorney L . #25454 320 Market Street P.O. Box 1268 C? Harrisburg, PA 17108-1268 Date:' 2005 (717) 234-4161 ?? ! ? i ' Ea -Y1 l? ? ?-i h -+' ^s'1 7?!' 4 -; . j'.. _ -r' [. C_C ?- RECEIVED OCT 0 6 2005 SHELBY J. BACZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v BRYAN J. BACZ, Defendant AND NOW this t?? No. 2004-3841 CIVIL ACTION - LAW IN CUSTODY ORDER day of October, 2005, upon consideration of the within 4 0041 it 's h eby ORDERED and DIRECTED that Petitioner, e4.. $ THE CO J. ` -v `G. ?y Emergency Petition for Special w. f'I.c AZX -'^n A. 5 f. c, 4C7 . i . G_ U A ^? C") CV ?? SHELBY J. BACZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-3841 CIVIL ACTION LAW BRYAN J. BACZ IN CUSTODY DEFENDANT ORDER OF COURT AND NOW. Friday, October 07, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 03, 2005 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. 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. Bv: /s/ Hubert X. Gilro Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 426J --j, o/ , -Zirz'° lea -;?,v So. V/, 0/ Ui ?\U i VV 6 't : I I °V 0 1 1 :1' 900Z OTH SHELBY J. BACZ, Plaintiff V. BRYAN J. BACZ, Defendant IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-3841 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 10th day of October, 2005, after conference with the parties, we enter the following Order which is intended to be temporary in nature only and to in no way affect the substantive rights of the parties in the upcoming conciliation or court hearing if the parties are not able to reach an agreement at the conciliation conference: 1. Mother and Father shall share legal custody of their children, Zachary A. Bacz, born January 21, 1999, and Jacob T. Bacz, born May 29, 2001. 2. Father shall have primary physical custody of the children. 3. Visitation with mother and maternal grandmother shall be as agreed upon by the parties. 4. No party shall use any drugs or alcohol during their period of physical custody of or visitation with the children. 5. Neither party shall in any way disparage the other party in the presence of the children. We reiterate that this Order is temporary only and in no way shall operate as a reflection of our opinion on the final disposition of this matter after a full hearing on the merits. By t ou t, Edward E. Guido, J. ?'""elby J. 99 Beetem Newville, Plaintiff, Bacz Hollow Road PA 17241 Pro se 1I "ul J. Esposito, Esquire For the Defendant V"- Martha Unger 1824 Heishman Gardens Carlisle, PA 17013 srs US :I1 !!°),, 1 1 .UJ IJJR !='J-CEI Oc`.. 1. 2005 2:201M No, 0419 P. 3/31 Paul J, E3Pmiro, E,quiH 6D, Q%54 OOWBERO KATZMAN, P.C 320 Muka Seen P. 0. Bo, 1269 Herti1hw&PA I71D8.1268 (717) 2364161; (717) 234.4161 (Nmimile) Cu f fol plawC SHELBY J. BACZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2004-3841 BRYAN J. BACZ, : CIVIL ACTION- LAW Defendant : IN CUSTODY COMMONWEATH OF PENNSYVANIA COUNTY OF DAUPHIN s.s.: On the 8th day of October, 2005, 1, Robert A. Dash, served Plaintiff, Shelby J. Bacz, with a Petition to Modify Order of Custody and Emergency Petition for Special Relief, by personal service at 10:10 A.M. at 99 Beetem Hollow Road, Newville, PA 17241 I verify that the statements in this Return of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.SA. §4904 relating to unswom falsification to authorities. Date: October 8, 2005 A"'V Robert A. Dash na ( cr+ .{ r'- N " r _.- t t l W ._l rn C? Paull. Esposito LD. #25454 Goldberg Katzman.. P.C. 320 Market Street, Strawberry Square Post Oltice Oox 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Amvnep.c jnr 0'1"dwv SHELBY J. BACZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-3841 BRYAN J. BACZ, CIVIL ACTION -LAW Defendant : IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Personally appeared before me, a Notary Public, in and for said Commonwealth and County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says that on October 5, 2005, he sent a copy of the Petition to Modify Order of Court and Emergency Petition for Special Relief by certified mail, return receipt requested, to Helen Boyer, at 1048 Kunkle Drive, Chambersburg, Pennsylvania 17201, and the return receipt card signed by Richard E. Boyer, Jr., and shown as being delivered October 7, 2005, is attached hereto and made a part hereof. PAUL J. SP ITO, ESQUIRE Sworn to and subs 'bed before me this ? day of '2005. Alotary Publ My Commission Expires: Notarial Seal Sally A Marsh, Notary Public City Of Harrisburg, Dauphin County My Commission Expires Sept. 17, 2006 Member, Pennsylvania Association Of Notaries 0D,U4'.PCDOCSIDOCSW93813 O a CO fU 11- m s 1 3fp7/13(i-I "'L RI CerMled Fee O O Retlrm Radept Fae Posenms (Endoreamerd Haqu?ed) 7 Here o (En m l m) ?-- ° Told Poeteae a Fees $ Q . f D 5 "05 C3 ° Helen Boyer 1048 Kunkle Drive Chambersburg, PA 17201 ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Prim your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the from if space permtts. 1. Article Addressed to: ? Agent 0. Date of Delivery D. Is delivery adtlress different from Nom 17 U Yet N YES, enter delivery address below: ? No Helen Boyer 1048 Kunkle Drive Chambersburg, PA 17201 s. I:CGItype ?CedNletl Mail ? Express Mall b Registered ;ERetum Receipt for Merchandise kreured Mail (3 C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. adweNUMber f wmw nom aarme abaq 7004 0753 0002 3296 2780 Ps Form 3811, February 2oO4 Domestic Return Receipt 1o27e5d24P1510 Paul J_ Esposito LD. 1125454 Goldberg Katzman, P_C, 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 I rmmcv.c (r Or/,ndnr I SHELBY J. BACZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-3841 BRYAN J. BACZ, CIVIL ACTION -LAW Defendant IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Personally appeared before me, a Notary Public, in and for said Commonwealth and County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says that on October 5, 2005, he sent a copy of the Petition to Modify Order of Court and Emergency Petition for Special Relief by certified mail, return receipt requested, to Martha Unger, at 1824 Heishman Garden Drive, Carlisle, Pennsylvania 17013, and the return receipt card signed by Martha Unger, and shown as being delivered October 7, 2005, is attached hereto and made a part hereof. PAUL J. SPSITO, ESQUIRE Sworn to and subsc 'bed efore me this I I""' day of , 2005. r otary Public My Commission Expires: Notarial Seal Sally A. March, Notary Public City Of Hanisburg, Dauphin County 1Y?1? Commission Expre s Sept. . 17, 2006 N7enwr, PnnnsyNama Association Of Notaries 01) U4 PCDOCS00CSW93813 CERTIFIED MAIL.,,, RECEIF (Domestic Mail Only; No Insurance Coverai u it OFFICIAL US= rn Poemge $ l qb?r A 0r)r13(0-1 PTE 0 0srilsed Fes 0 v C3 Realm Reckpt Fee Pnsbrm* (istloreemem Re9WZ Here 0 R9etrlcied Djt;y Fee LrT (Endoreemem Re9Wred) I`_ CD Toted Poetege 8 Fees ?. I 0 -5 -e5 o -Martha Unger I` 1824 Heishman Garden Drive Carlisle, P A 17013 ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card, to the back of the mailpiece, or on the front if space permits. Signature 1. Article Addressed to Martha Unger 1824 Heishman Garden Drive Carlisle, P A 17013 ?W v??'/r ?I?=7- Is delkwy eddrses dWewrt from Item 11 ? Yes If YES, enter delivery address below; _17110 3. ??S,,eerrvice Type p.osrtifled Mail ? Express Mail ? Registered Mietum Receipt for Merchandise ? insured Mao ? C.o.D. 4. Restricted Delivery? (Extra Fee) ? yes z Articis Mar am (fi e asrvfce Asbep 7004 0750 0002 3296 2773 emkn horn - Ps Form 3811, February 2004 Domestic Retum Re W tom-s4tsa Paid I. Bposw' I.D. p?5454 Goldberg Katzman, P.C. 320 Markel Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (]1])234-4161 SHELBY J. BACZ, Plaintiff v BRYAN J. BACZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-3841 CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Personally appeared before me, a Notary Public, in and for said Commonwealth and County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says that on October 5, 2005, he sent a copy of the Petition to Modify Order of Court and Emergency Petition for Special Relief by certified mail, return receipt requested, to Shelby Baez, at 99 Beetem Hollow Road, Newville, Pennsylvania 17241, and the return receipt card signed by Shelby Baez, and shown as being delivered October 6, 2005, is attached hereto and made a part hereof. gga44( PAUL J. SP ITO, ESQUIRE Sworn tj and subsc ibed before me this L day of 2005. N ary Public My Commission Expires: Notarial5eal Silly A. Marsh, Notary PWlhc City Of Harrisburg, Dauphin County F.YComm i ssion Expires Sept. 17, 2IX5 Memher. P* 11+n9ylVania As;4riation Of Notaries OD MA! PCDOCSIDOCS19793813 L;I=H I Ih'ItU IVIAIL,M Ht(:tIN I (Domestic Mail Only; No Insurance Coverage Providec IC I AL USE N M 1'w • DPI 31v-1 P ?? ru C3 certified Free 23 0 M O Resrm RedeplFee - P aehnark (EndoRemera ReWtred) ¦ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to Shelby Bacz 99 Beetem Hollow Road Newville, PA 17241 0 Agent A, Received by (Printed Name) C. Date of Delivery ' ((o>t QPrC Z io r? t D. Is delivererEy address different from Ism 1? 0 yes It YES, enter delivery address below: 0 No ( 3. Service Type Certified Mail 0 Express Mall Ragi= Watum Receipt for Merchandise Insured Mall 11 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes Z' Mansw from m saMos MW (lh 7004 0750 0002 3296 2797 mlbr PS Form 3811, February 2004 Domee9a Return Receipt 10a5064am-1640 C) r 5 aJ ail ._t ?-? ["} '] _ ?J _ CV _,.? tS ? C... _,. -??-1 c_n :%? ?, %Inv 1? s, 2005 SHELBY J. BACZ IN THE COURT OF COMMON PLEAS F Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04-3841 CIVIL ACTION - LAW BRYAN J. BACZ, IN CUSTODY Defendant ORDER OF COURT AND NOW, this I *r day of be-le- '-" 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of October 10, 2005 is vacated and replaced with the following Order: 1. The Father, Bryan J. Bacz, shall enjoy legal custody of Zachary A. Bacz, born January 21, 1999, and Jacob T. Bacz, born May 29, 2001. 2. The Father shall also enjoy primary physical custody of the two minor children. 3. The Mother and the Maternal Grandmother, Martha Unger, shall enjoy periods of visitation with the minor children at such times and under such circumstances as agreed to by the parties. 4. In the event the amount of visitation afforded to Mother and the Maternal Grandmother by the Father is unsatisfactory to either of them, either the Maternal Grandmother or the Mother may initiate a petition with this Court to have the case again presented to a Custody Conciliator. 5. This Order makes no determination with respect to the standing of the Maternal Grandmother to initiate a custody petition, and Father would reserve the right to contest such a petition on any standing issue in the future. BY THE COURT, Cc: Paul J. Esposito, Esquire Ms. Shelby J. Baez, Mother - I-0 s Ms. Martha Unger, Maternal ndmother Edward E. Guido, Judge 0?-?.e -JyS' t n,, _ ^ni:7 SHELBY J. BACZ, Plaintiff VS. BRYAN J. BACZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3841 CIVIL ACTION - LAW IN CUSTODY Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Zachary A. Baez, born January 21, 1999 Jacob T. Bacz, born May 29, 2001 2. A Conciliation Conference was held on November 17, 2005, with the following individuals in attendance: The Father, Bryan J. Bacz, with his counsel, Paul J. Esposito, Esquire The Maternal Grandmother, Martha Unger, also appeared without counsel The Mother, Shelby J. Bacz, was not in attendence 3. Consistent with Judge Guido's prior Order of October 10, 2005 and in accordance with the discussions that took place at the Conciliation Conference between the Father and the Maternal Grandmother, the Conciliator recommends an Order in form as attached. Date: 3 - O G? Gil y, Esquire Hubert X?rljator Custody Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. : NO.: 04-3841 BRYAN J. BACZ VISITATION PETITION FOR VISITATION Petitioner, Martha Unger, by her attorney, Arthur L. Gutkin, Esquire, files this Petition and sets forth the following in support thereof: 1. Petitioner is Martha Unger, mother of Plaintiff, and grandmother of children involved in this Visitation Petition, (hereinafter "Grandmother"), an adult individual who resides at 1824 Heishman Gardens Drive, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Bryan J. Bacz, the natural father of the children involved in this visitation petition, (hereinafter "Father"), an adult individual who resides at 248 W. Chestnut Street, Macungie, Pennsylvania. 3. The children involved in the Visitation Petition are: Zacharay Alexander Baez, date of birth, January 21, 1999, and Jacob Tyler Bacz, date of birth, May 29, 2001, and reside at 248 W. Chestnut Street, Macungie, PA. 4. Petitioner and Respondent are the natural Grandmother and Father, respectfully, of the minor children ` 5. Shelby Unger-Bacz, (hereinafter "Mother") is the natural Mother of the children involved in this visitation petition. Mother is currently incarcerated at Cumberland County prison and will be transferred to S.C.I. Muncy, located at 6454 Highway 405, PO Box 180, Muncy, PA 17756. Mother was sentenced to 7-14 years incarceration on December 12, 2006. Mother's counsel has filed a timely appeal to the Superior Court of Pennsylvania as well as a Petition for Bail Pending Appeal as of December 14, 2006. 6. Grandmother files this visitation petition to request visitation rights of the aforesaid minor children. 7. Father refuses to allow Grandmother visitation of the minor children. 8. Grandmother is requesting visitation with the Mother and the minor children at the prison each time the children are scheduled to visit Mother. 9. Grandmother is also requesting that that she be granted visitation one weekend a month, preferably the 2nd weekend of the month, Friday through Sunday, with the minor children. Because of grandmother's work schedule, she must have pre-arranged dates for this visitation. 10. Grandmother is also requesting that if weather conditions do not permit visitation, that she be granted another day/weekend for that visitation period. WHEREFORE, Petitioner prays that this Honorable Court grant the visitation petition. Respectfully submitted, A F Art. Gutkin, Esquire Attorney for Petitioner VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) ARTHUR L. GUTKIN, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this verification as an attorney because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this verification; and/or because the party for whom he makes this verification is outside the jurisdiction of the Court and verification cannot be obtained within the time allowed for the filing of the pleading; and that he has sufficient knowledge or information and belief; based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 04H Arthur L. G tkin, Esquire Attorney for Petitioner Arthur L. Gutkin, Esquire Attorney for Plaintiff 918 Fayette Street PO Box 610 Conshohocken, PA 19428 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ VISITATION CERTIFICATE OF SERVICE I, Arthur L. Gutkin, Esquire, hereby certify that, on the 18th day of December, 2006, I caused a true and correct copy of the within Petition for Visitation to be mailed to: Bryan J. Bacz 248 W. Chestnut Street Macungie, PA 18062-1042 Dated: December 18, 2006 f Arthur L. Gutkin, Esquire Attorney for Petitioner FT ,y. F, O ep r" ( r?CD 1+ ...r? -- •-Ti ZZ Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 (610) 828-5205 Attorney I.D. # 12587 IN THE COURT OF COMMON PLEA$ OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. BRYAN J. BACZ NO.: 04-3841 VISITATION ENTRY OF APPEARANCE Please enter my appearance for the Petitioner, Martha Unger, in the above captioned proceeding. Date: / 2?K-Y? Arthur L. Gutkin, Esquire Attorney for Petitioner °' ?i ?? c:.. sr 1J' 1_, >,; 1 W ??? C ? ?? ?' ? SHELBY J. BACZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRYAN J. BACZ DEFENDANT 04-3841 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 11, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland-County Courthouse, Carlisle on Thursday, February 15, 2007 at 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. All children age five or older may also be present at the conference. 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 hearinit. FOR THE COURT. By: /s/ Hubert X. Grlro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-')166 tl ? rllryr ball I/ 31 lai C13 Tj APR 83 2001 /f 3 SHELBY J. BACZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-3841 CIVIL ACTION - LAW BRYAN J. BACZ, IN CUSTODY Defendant ORDER OF COURT A AND NOW, this _ day of April, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 2. 1. A hearing is scheduled in Court Room No. 3 of the Cumberland County Courthouse on the 'I't^ day of /M , 2007 at '' P.m. At this hearing, the maternal grandmother shall be the oving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. Pending further Order of this Court, this Court's prior Order of December 1, 2005 shall remain in place subject to the understanding that the maternal grandmother shall continue to have the limited period of custody with the minor children as has been existing over the past few months. Cc: /aj 1 J. Esposito, Esquire L. Gutkin, Esquire J Edward E. Guido, Judge VJNVA`1)Z%d ! S ? 9 '6 WV 9Z 80 ZOOZ AdViQN )Hsi: dd d? i SHELBY J. BACZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04-3841 CIVIL ACTION - LAW BRYAN J. BACZ, IN CUSTODY Defendant Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Zachary A. Bacz, born January 21, 1999 Jacob T. Bacz, born May 29, 2001 2. A Conciliation Conference was held on April 19, 2007, with the following individuals in attendance: The maternal grandmother, Martha Unger, with her counsel, Arthur L. Gutkin, Esquire, and the Father, Bryan J. Bacz, with his counsel, Paul J. Esposito, Esquire. 3. The mother of the children is in jail and it appears she is going to be there for quite a long time. Maternal grandmother is seeking specific periods of temporary custody including a request to take the children to visit mom in jail. Father is unwilling to accommodate the maternal grandmother, except he does let the maternal grandmother see the children as long as she travels to his area in Lehigh County. 4. The parties are unable to reach an agreement and a hearing is required. The Conciliator recommends an Order in form as attached. Date: ert X. Gi y, Esquire Custody Co ciliator Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Defendant SHELBY J. BACZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2004-3841 BRYAN J. BACZ, CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR CONTINUANCE OF CUSTODY HEARING TO THE HONORABLE EDWARD E. GUIDO, JUDGE OF SAID COURT: AND NOW, comes the Defendant, Bryan J. Bacz, by and through his counsel, Goldberg Katzman, P.C. and Paul J. Esposito, Esquire, and submits the within Motion for Continuance, and in support thereof avers as follows: On December 18, 2006, a Petition for Visitation was filed by Martha Unger, mother of the Plaintiff in the above-captioned matter, seeking visitation of the minor children, Zacharay Alexander Bacz, born January 21, 1999; and Jacob Tyler Bacz, born May 29, 2001. 2. A hearing has been scheduled in this matter for May 17, 2007, at 1:30 p.m., by Your Honor. 3. Counsel for Petitioner is unavailable on that date due to a previously scheduled hearing before the Honorable Jeannine Turgeon, in Dauphin County, Pennsylvania. 4. Counsel for Petitioner would not be available for hearing on the following dates: May 22, 24, 25 29, 20 or 31, June 1, 5, 8, 26, 28, or 29, 2007. 5. Counsel for Respondent would not be available for hearing on the following dates: May 21, June 1 through June 18, or 20, 2007. 6. Counsel for Petitioner has sought and received the concurrence in this Motion of Arthur L. Gutkin, Esquire, counsel for Martha Unger. WHEREFORE, the Petitioner, by his counsel, respectfully requests that this matter be continued to a date and time convenient for the Court. Date: U , 2007 GOLIERG K,4TZMAN, P.C. Paul J. Fooso Attorney I.D. #25454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Petitioner/Defendant :0DWPCD0CSID0CS1146858U 2 CERTIFICATE OF SERVICE On this day of j? , 2007, I certify that a copy of the foregoing was served upon the counsel of record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Arthur L. Gutkin, Esquire 918 Fayette Street P.O. Box 610 Conshohocken, PA 19428 GOLDBERG KATZMAN, P.C. f Paul J. Essi Supreme o ID #25454 Attorneys for Petitioner/Defendant •ODMAWCDOCSIDOCS114685811 3 fi 7?=- 7 ;. V;71 C.3 -{ MAY 16 2007 P? SHELBY J. BACZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRYAN J. BACZ, Defendant No. 2004-3841 CIVIL ACTION -LAW IN CUSTODY ORDER AND NOW, this day of , 2007, upon consideration of the within Motion for Continuance, it is hereby ORDERED that this matter is continued until _ 100 , at o'clock, )p .m., in Court Room N03 of the Cumberland County Courthouse. J. ?0 .0 ?VJ C 1 ),Vrr) tL! 0 1 -1H, :jlo t Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ VISITATION PETITION TO AMEND CAPTION Petitioner, Martha Unger, by her attorney, Arthur L. Gutkin, Esquire, files this Petition to Amend Caption and sets forth the following in support thereof 1. Petitioner is Martha Unger, (hereinafter "Grandmother"), Mother of Plaintiff, Grandmother of children involved in a Visitation Petition, filed on or about December 18, 2006. 2. Respondent is Bryan J. Baez, the natural Father of the children involved in this Visitation Petition, (hereinafter "Father"). 3. Shelby Unger-Baez, (hereinafter "Mother") is the natural Mother of the children involved in this Visitation Petition. Mother is currently incarcerated at S.C.I. Cambridge Springs, PA. Mother was sentenced to 7-14 years incarceration on December 12, 2006. Mother's counsel has filed a timely appeal to the Superior Court of Pennsylvania as well as a Petition for Bail Pending Appeal as of December 14, 2006, which was denied. 4. Grandmother filed a Visitation Petition to request visitation rights of the aforesaid minor children. Father refuses to allow Grandmother Visitation of the minor children. 5. Grandmother is not named in the caption but she is named in the Petition as a party who seeks custody. 6. A mediation conference was held on April 19, 2007, and at that time there was no objection by any party as to the Grandmother's standing as a party. A custody hearing on the Visitation Petition is now scheduled for July 18, 2007. 7. Petitioner and Counsel for Petitioner therefore request that the Court Amend the Caption to the Visitation Petition to add the Grandmother, Martha Unger, as a Plaintiff in this action. WHEREFORE, Petitioner prays that this Honorable Court grant the Petition to Amend Caption to add Martha Unger as a Plaintiff in the visitation petition. Respectfully submitted, iur L. Gutkin, Esquire Attorney for Petitioner VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) ARTHUR L. GUTKIN, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this verification as an attorney because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this verification; and/or because the party for whom he makes this verification is outside the jurisdiction of the Court and verification cannot be obtained within the time allowed for the filing of the pleading; and that he has sufficient knowledge or information and belief; based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Arthur L. Gutkin, Esquire Attorney for Petitioner Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ VISITATION CERTIFICATE OF SERVICE I, Arthur L. Gutkin, Esquire, hereby certify that, on the 31st day of May, 2007, I caused a true and correct copy of the within Petition to Amend Caption to be mailed to: Paul J. Esposito, Esquire Goldberg Katzman 320 Market Street, Strawberry Square PO Box 1268 Harrisburg, PA 17108-4161 Dated: June 5, 2007 Arthur L. Gutkin, Esquire Attorney for Petitioner C? rv 77, - co c y a-as r Arthur L. Gutkin, Esquire 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. : NO.: 04-3841 BRYAN J. BACZ CUSTODY AND VISITATION t? WRIT FOR HABEAS CORPUS I ` von- ? o? TO THE HONORABLE, THE JUDGES OF SAID COURT: The Motion of Martha Unger, Petitioner herein, by and through her attorney Arthur L. Gutkin, Esquire, respectfully represents: 1. Shelby Unger-Bacz, Petitioner's daughter, was arrested on September 13, 2005, and August 1, 2005, and was charged with various drug offenses and related conspiracy charges. 2. Shelby Unger Bacz was sentenced on December 12, 2006, and is presently incarcerated for 7-14 years at S.C.I. Cambridge Springs. 3. The two minor children of Shelby Unger-Bacz are presently in the custody of their father, Bryan Bacz. Father refuses to allow Grandmother/Petitioner to visit with minor children and to visit Mother at S.C.I. Cambridge Springs. 4. The father of said minor children has suffered various heart related illnesses in the past and is currently inappropriately taking prescription medicines. e z 5. Martha Unger, Petitioner herein and Grandmother of said minor children, filed a Petition for Visitation on or about December 18, 2006. A hearing is scheduled for July 18, 2007, in the Cumberland County Court. 6. Petitioner, Martha Unger and Mother, Shelby Unger-Baez both request Mother's testimony at the hearing scheduled for July 18, 2007. Mother's testimony against husband, Bryan Baez is vital to the custody and visitation rights of said minor children. 7. Shelby Unger-Bacz's live testimony would present issues and provide explanations which would not be available otherwise. Shelby Unger-Bacz's personal appearance would allow the court to judge the Respondent's demeanor when faced directly by the Mother of the children. WHEREFORE, it is respectfully requested that this Honorable Court issue a Writ to the Sheriffs Department of Cumberland County to transport Shelby Unger-Bacz from S.C.I. Cambridge Springs to the hearing on July 18, 2007, to testify against her ex-husband Bryan Baez for custody and visitation rights of said minor children. Respectfully submitted, Arthur L. Gutkin, Esquire Attorney for Petitioner VERIFICATION I, Arthur L. Gutkin, Esquire, hereby verify that I am counsel for the Petitioner in the captioned matter and that the facts contained in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904 relating to unsworn falsification to authorities. Arthur L. Gutkin, Esquire Date: Arthur L. Gutkin, Esquire 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ CUSTODY AND VISITATION CERTIFICATE OF SERVICE I, Arthur L. Gutkin, Esquire, counsel for the Petitioner herein, hereby certify that I did this day serve a true and correct copy of the Petitioner's Writ of Habeas Corpus, said service by first class mail postage paid, upon the following: Paul J. Esposito, Esquire Goldberg Katzman 320 Market Street, Strawberry Square PO Box 1268 Harrisburg, PA 17108-4161 lAk ArtL. Gutkin, Esquire Attorney for Petitioner Date: June 5, 2007 Q cz? ` ? -s Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828.5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ VISITATION AMENDMENT TO PETITION TO AMEND CAPTION Petitioner, Martha Unger, by her attorney, Arthur L. Gutkin, Esquire, files this Amendment to the Petition to Amend Caption and sets forth the following in support thereof. 1. A pre-hearing custody conference in this matter was heard before the Conciliator, Hubert Gilroy, Esquire, on April 19, 2007. No decisions or rulings were made at that time. The matter was referred to the Court of Common Pleas for a hearing on May 17, 2007, but that hearing was continued to July 18, 2007. 2. Petitioner's counsel contacted Paul J. Esposito, Esquire, counsel for the Defendant for his concurrence or objection to the Petition to Amend Caption. Mr. Esposito concurs with Petitioner's request to have Petitioner added as a Plaintiff in this matter. Respectfully submitted, Arthur L. Gutkin, Esquire Attorney for Petitioner IV Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ VISITATION CERTIFICATE OF SERVICE I, Arthur L. Gutkin, Esquire, hereby certify that, on the 5th day of July, 2007, I caused a true and correct copy of the within Amendment to the Petition to Amend Caption to be mailed to: Paul J. Esposito, Esquire Goldberg Katzman 320 Market Street, Strawberry Square PO Box 1268 Harrisburg, PA 17108-4161 Dated: July 5, 2007 Arthur L. Gutkin, Esquire Attorney for Petitioner FYI y 5-3 - < , R Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO BOX 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ VISITATION AMENDMENT TO PETITION FOR WRIT OF HABEAS CORPUS Petitioner, Martha Unger, by her attorney, Arthur L. Gutkin, Esquire, files this Amendment to the Petition for Writ of Habeas Corpus and sets forth the following in support thereof. 1. A pre-hearing custody conference in this matter was heard before the Conciliator, Hubert Gilroy, Esquire, on April 19, 2007. No decisions or rulings were made at that time. The matter was referred to the Court of Common Pleas for a hearing on May 17, 2007, but that hearing was continued to July 18, 2007. 2. Petitioner's counsel contacted Paul J. Esposito, Esquire, counsel for the Defendant for his concurrence or objection to the Petition for Writ of Habeas Corpus. Mr. Esposito stated he had no objection to the Petitioner's Writ for Habeas Corpus which requests that Shelby Unger-Bacz be transported from S.C.I. Cambridge Springs to attend the above mentioned hearing on July 18, 2007. Respectfully submitted, Arthur L. Gutkin, Esquire Attorney for Petitioner r r ' Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ VISITATION CERTIFICATE OF SERVICE I, Arthur L. Gutkin, Esquire, hereby certify that, on the 5th day of July, 2007, I caused a true and correct copy of the within Amendment to the Petition for Writ of Habeas Corpus to be mailed to: Paul J. Esposito, Esquire Goldberg Katzman 320 Market Street, Strawberry Square PO Box 1268 Harrisburg, PA 17108-4161 Dated: July 5, 2007 a,?? ?? -L14y Arthur L. Gutkin, Esquire Attorney for Petitioner ? ? i`i ,?,. --1 ,:..' ? ' ? - ? y r r: ? ? ; ?;., ?_ ?- .. ?? . ?. a: ? '?'4?s t...: Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ VISITATION SECOND AMENDMENT TO PETITION TO AMEND CAPTION Petitioner, Martha Unger, by her attorney, Arthur L. Gutkin, Esquire, files this Second Amendment to the Petition to Amend Caption and sets forth the following in support thereof. 1. A pre-hearing custody conference in this matter was heard before the Conciliator, Hubert Gilroy, Esquire, on April 19, 2007. No decisions or rulings were made at that time. The matter was referred to the Court of Common Pleas for a hearing on May 17, 2007, but that hearing was continued to July 18, 2007, before the Honorable Edward E. Guido. 2. Petitioner's counsel contacted Paul J. Esposito, Esquire, counsel for the Defendant for his concurrence or objection to the Petition to Amend Caption. Mr. Esposito concurs with Petitioner's request to have Petitioner added as a Plaintiff in this matter. Respectfully submitted, Arthur L. Gutkin, Esquire Attorney for Petitioner b _y Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ VISITATION CERTIFICATE OF SERVICE I, Arthur L. Gutkin, Esquire, hereby certify that, on the 6th day of July, 2007, I caused a true and correct copy of the within Second Amendment to the Petition to Amend Caption to be mailed to: Paul J. Esposito, Esquire Goldberg Katzman 320 Market Street, Strawberry Square PO Box 1268 Harrisburg, PA 17108-4161 Dated: July 6, 2007 (IV I j14'--e4 Arthur L. Gutkin, Esquire Attorney for Petitioner N ?tTi a N J Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ VISITATION SECOND AMENDMENT TO PETITION FOR WRIT OF HABEAS CORPUS Petitioner, Martha Unger, by her attorney, Arthur L. Gutkin, Esquire, files this Second Amendment to the Petition for Writ of Habeas Corpus and sets forth the following in support thereof. 1. A pre-hearing custody conference in this matter was heard before the Conciliator, Hubert Gilroy, Esquire, on April 19, 2007. No decisions or rulings were made at that time. The matter was referred to the Court of Common Pleas for a hearing on May 17, 2007, but that hearing was continued to July 18, 2007, before the Honorable Edward E. Guido. 2. Petitioner's counsel contacted Paul J. Esposito, Esquire, counsel for the Defendant for his concurrence or objection to the Petition for Writ of Habeas Corpus. Mr. Esposito stated he had no objection to the Petitioner's Writ for Habeas Corpus which requests that Shelby Unger-Baez be transported from S.C.I. Cambridge Springs to attend the above mentioned hearing on July 18, 2007. Respectfully submitted, a J?,? 4 Arthur L. Gutkin, Esquire Attorney for Petitioner i • ?' Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ VISITATION CERTIFICATE OF SERVICE I, Arthur L. Gutkin, Esquire, hereby certify that, on the 6th day of July, 2007, I caused a true and correct copy of the within Second Amendment to the Petition for Writ of Habeas Corpus to be mailed to: Paul J. Esposito, Esquire Goldberg Katzman 320 Market Street, Strawberry Square PO Box 1268 Harrisburg, PA 17108-4161 Dated: July 6, 2007 ('U? d Arthur L. Gutkin, Esquire Attorney for Petitioner d -tT--1 ARTHUR L. GUTKIN Attorney At Law 918 FAYETTE STREET P.O. BOX 610 CONSHOHOCKEN, PA 19428 TEL. 610-828-5205 FAX 610-825-1423 Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 July 6, 2007 RE: Shelby J. Baez v. Bryan J. Bacz No.: 04-3841 Second Amendment to Petition to Amend Caption and Second Amendment to Writ for Habeas Corpus TO THE PROTHONOTARY: Enclose please find an original and two copies of the Petitioner's Second Amendment to the Petition to Amend Caption and Second Amendment to the Writ for Habeas Corpus in the above captioned matter. Kindly file these Second Amendments with the original Petitions, time-stamp the extra copies and return them to this office in the enclosed envelope. Thank you. Very truly yours, Arthur L. Gutkin ALG/lj Enclosure cc: Paul J. Esposito, Esquire, w/enclosure JUN 11 20070 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. BRYAN J. BACZ NO.: 04-3841 CUSTODY AND VISITATION ORDER AND NOW, to wit, this f ' day of ?-ar- , 2007, it is hereby ORDERED and DECREED that the Petitioner's Writ for Habeas Corpus is hereby GRANTED. IT IS FURTHER ORDERED and DECREED that a Writ be issued and forwarded to the Sheriffs Department of Cumberland County to transport Ms. Shelby Unger-Bacz from S.C.I. Cambridge Springs to the custody hearing scheduled for July 18, 2007, 1:00 p.m., at the Cumberland County Courthouse to testify against Bryan Bacz in this captioned matter. THE COUJIT: J. e v C Z .6 IW`J Z I -MP L601 -Hi -10 Arthur L. Gutkin, Esquire 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ CUSTODY AND VISITATION I -aa voz ZA-WRIT FOR HABEAS CORPUS TO THE HONORABLE, THE JUDGES OF SAID COURT: The Motion of Martha Unger, Petitioner herein, by and through her attorney Arthur L. Gutkin, Esquire, respectfully represents: 1. Shelby Unger-Bacz, Petitioner's daughter, was arrested on September 13, 2005, and August 1, 2005, and was charged with various drug offenses and related conspiracy charges. 2. Shelby Unger Baez was sentenced on December 12, 2006, and is presently incarcerated for 7-14 years at S.C.I. Cambridge Springs. 3. The two minor children of Shelby Unger-Bacz are presently in the custody of their father, Bryan Baez. Father refuses to allow Grandmother/Petitioner to visit with minor children and to visit Mother at S.C.I. Cambridge Springs. 4. The father of said minor children has suffered various heart related illnesses in the past and is currently inappropriately taking prescription medicines. 5. Martha Unger, Petitioner herein and Grandmother of said minor children, filed a Petition for Visitation on or about December 18, 2006. A hearing is scheduled for July 18, 2007, in the Cumberland County Court. 6. Petitioner, Martha Unger and Mother, Shelby Unger-Bacz both request Mother's testimony at the hearing scheduled for July 18, 2007. Mother's testimony against husband, Bryan Bacz is vital to the custody and visitation rights of said minor children. 7. Shelby Unger-Bacz's live testimony would present issues and provide explanations which would not be available otherwise. Shelby Unger-Bacz's personal appearance would allow the court to judge the Respondent's demeanor when faced directly by the Mother of the children. WHEREFORE, it is respectfully requested that this Honorable Court issue a Writ to the Sheriffs Department of Cumberland County to transport Shelby Unger-Bacz from S.C.I. Cambridge Springs to the hearing on July 18, 2007, to testify against her ex-husband Bryan Bacz for custody and visitation rights of said minor children. Respectfully submitted, . Arthur L. Gutkin, Esquire Attorney for Petitioner VERIFICATION I, Arthur L. Gutkin, Esquire, hereby verify that I am counsel for the Petitioner in the captioned matter and that the facts contained in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904 relating to unsworn falsification to authorities. Arthur L. Gutkin, Esquire Date: (l- (4-,61 4 7 ARTHUR L. GUTKIN Attorney At Law 918 FAYETTE STREET P.O. BOX 610 CONSHOHOCKEN, PA 19428 TEL. 610-828-5205 FAX 610-825-1423 (WA Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 June 5, 2007 RE: Shelby J. Bacz v. Bryan J. Baez No.: 04-3841 Petition to Amend Caption TO THE PROTHONOTARY: Enclose please find an original and two copies of the Petitioner's Petition to Amend Caption and Writ for Habeas Corpus in the above captioned matter, along with self addressed stamped envelopes to all parties. Kindly file the original, time-stamp the extra copies and return them to this office in the enclosed envelope. Thank you. Very my yours, Arthur L. Gutkin ALG/lj Enclosure cc: Paul J. Esposito, Esquire, w/enclosure f JW Jr" Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ VISITATION JUL 112DD? SECOND AMENDMENT TO PETITION FOR WRIT OF HABEAS CORPUS Petitioner, Martha Unger, by her attorney, Arthur L. Gutkin, Esquire, files this Second Amendment to the Petition for Writ of Habeas Corpus and sets forth the following in support thereof`. 1. A pre-hearing custody conference in this matter was heard before the Conciliator, Hubert Gilroy, Esquire, on April 19, 2007. No decisions or rulings were made at that time. The matter was referred to the Court of Common Pleas for a hearing on May 17, 2007, but that hearing was continued to July 18, 2007, before the Honorable Edward E. Guido. 2. Petitioner's counsel contacted Paul J. Esposito, Esquire, counsel for the Defendant for his concurrence or objection to the Petition for Writ of Habeas Corpus. Mr. Esposito stated he had no objection to the Petitioner's Writ for Habeas Corpus which requests that Shelby Unger-Bacz be transported from S.C.I. Cambridge Springs to attend the above mentioned hearing on July 18, 2007. Respectfully submitted, Arthur L. Gutkin, Esquire Attorney for Petitioner A1-- A~ Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ VISITATION CERTIFICATE OF SERVICE I, Arthur L. Gutkin, Esquire, hereby certify that, on the 6th day of July, 2007, I caused a true and correct copy of the within Second Amendment to the Petition for Writ of Habeas Corpus to be mailed to: Paul J. Esposito, Esquire Goldberg Katzman 320 Market Street, Strawberry Square PO Box 1268 Harrisburg, PA 17108-4161 Dated: July 6, 2007 rju??? A Arthur L. Gutkin, Esquire Attorney for Petitioner ?+ ??_ C.. C...- 1-s"1, " ?}'' i i ' l ,'.t t? '`=r. ? -t'1 ?_ i' -'i ?, IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Shelby J. Bacz : Plaintiff, File No. 04-3841 Civil Term Vs. Bryan J. Bacz Defendant, TO: Sheriff of Cumberland County WRIT OF HABEAS CORPUS By an Act of Assembly of 1785, we command you to have the body or bodies of Shelby Unger-Bacz before the Honorable Edward E Guido, Judge of our Court of Common Pleas of Cumberland County, at the Courthouse, in the city of Carlisle, Pennsylvania, on Wednesday the 18th day of July, 2007, at 1:00 o'clock, P.M. in Courtroom Number 5. WITNESS, the Honorable Edward E. Guido, Judge, of our said court, at Carlisle, this 11th day of July, 2007. rtis R. Long, Prothonot y, Civil Division By: Deputy t Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. BRYAN J. BACZ NO.: 04-3841 VISITATION ORDER JUN 11 Y007of AND NOW, this I ( 4*day of , 2007, it is hereby ORDERED and t DECREED that the Caption in this proceeding be amended to add the Petitioner, Martha Unger as a Plaintiff in this matter. THE COURT: 3 J. s 4 11?Aq 1 t Jh" ?V a-- r1??t1 ..... ?n JUL 1 1 200 Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. BRYAN J. BACZ • NO.: 04-3841 VISITATION SECOND AMENDMENT TO PETITION TO AMEND CAPTION Petitioner, Martha Unger, by her attorney, Arthur L. Gutkin, Esquire, files this Second Amendment to the Petition to Amend Caption and sets forth the following in support thereof. 1. A pre-hearing custody conference in this matter was heard before the Conciliator, Hubert Gilroy, Esquire, on April 19, 2007. No decisions or rulings were made at that time. The matter was referred to the Court of Common Pleas for a hearing on May 17, 2007, but that hearing was continued to July 18, 2007, before the Honorable Edward E. Guido. 2. Petitioner's counsel contacted Paul J. Esposito, Esquire, counsel for the Defendant for his concurrence or objection to the Petition to Amend Caption. Mr. Esposito concurs with Petitioner's request to have Petitioner added as a Plaintiff in this matter. Respectfully submitted, Arthur L. Gutkin, Esquire Attorney for Petitioner Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ VISITATION CERTIFICATE OF SERVICE I, Arthur L. Gutkin, Esquire, hereby certify that, on the 6th day of July, 2007, I caused a true and correct copy of the within Second Amendment to the Petition to Amend Caption to be mailed to: Paul J. Esposito, Esquire Goldberg Katzman 320 Market Street, Strawberry Square PO Box 1268 Harrisburg, PA 17108-4161 Dated: July 6, 2007 I'Z11L Arthur L. Gutkin, squire Attorney for Petitioner C `? ?? ? :'' c t,.._ _.: ;,'" -'' .. --? w -t ?? -?:~r, ;: ? ???. --;, T ?i ARTHUR L. GUTKIN Attorney At Law 918 FAYETTE STREET P.O. BOX 610 CONSHOHOCKEN, PA 19428 TEL. 610-828-5205 FAX 610-825-1423 Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 July 5, 2007 RE: Shelby J. Baez v. Bryan J. Baez No.: 04-3841 Amendment to Petition to Amend Caption and Amendment to Writ for Habeas Corpus TO THE PROTHONOTARY: Enclose please find an original and two copies of the Petitioner's Amendment to the Petition to Amend Caption and Amendment to the Writ for Habeas Corpus in the above captioned matter. Kindly file these Amendments with the original Petitions, time-stamp the extra copies and return them to this office in the enclosed envelope. Thank you. Very truly yours, Arthur L. Gutkin ALG/lj Enclosure Via Federal Express cc: Paul J. Esposito, Esquire, w/enclosure Ms. Melissa Calvanelli, Court Administration, w/enclosure Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.= 04-3841 BRYAN J. BACZ VISITATION AMENDMENT TO PETITION FOR WRIT OF HABEAS CORPUS Petitioner, Martha Unger, by her attorney, Arthur L. Gutkin, Esquire, files this Amendment to the Petition for Writ of Habeas Corpus and sets forth the following in support thereof. 1. A pre-hearing custody conference in this matter was heard before the Conciliator, Hubert Gilroy, Esquire, on April 19, 2007. No decisions or rulings were made at that time. The matter was referred to the Court of Common Pleas for a hearing on May 17, 2007, but that hearing was continued to July 18, 2007. 2. Petitioner's counsel contacted Paul J. Esposito, Esquire, counsel for the Defendant for his concurrence or objection to the Petition for Writ of Habeas Corpus. Mr. Esposito stated he had no objection to the Petitioner's Writ for Habeas Corpus which requests that Shelby Unger-Bacz be transported from S.C.I. Cambridge Springs to attend the above mentioned hearing on July 18, 2007. Respectfully submitted, Arthur L. Gutkin, Esquire Attorney for Petitioner Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ = VISITATION CERTIFICATE OF SERVICE I, Arthur L. Gutkin, Esquire, hereby certify that, on the 5th day of July, 2007, I caused a true and correct copy of the within Amendment to the Petition for Writ of Habeas Corpus to be mailed to: Paul J. Esposito, Esquire Goldberg Katzman 320 Market Street, Strawberry Square PO Box 1268 Harrisburg, PA 17108-4161 Dated: July 5, 2007 Arthur L. Gutkin, Esquire Attorney for Petitioner ,4? v Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.- 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ VISITATION AMENDMENT TO PETITION TO AMEND CAPTION Petitioner, Martha Unger, by her attorney, Arthur L. Gutkin, Esquire, files this Amendment to the Petition to Amend Caption and sets forth the following in support thereof 1. A pre hearing custody conference in this matter was heard before the Conciliator, Hubert Gilroy, Esquire, on April 19, 2007. No decisions or rulings were made at that time. The matter was referred to the Court of Common Pleas for a hearing on May 17, 2007, but that hearing was continued to July 18, 2007. 2. Petitioner's counsel contacted Paul J. Esposito, Esquire, counsel for the Defendant for his concurrence or objection to the Petition to Amend Caption. Mr. Esposito concurs with Petitioner's request to have Petitioner added as a Plaintiff in this matter. Respectfully submitted, Arthur L. Gutkin, Esquire Attorney for Petitioner Arthur L. Gutkin, Esquire Attorney for Petitioner 918 Fayette Street PO Box 610 Conshohocken, PA 19428 610-828-5205 Attorney I.D. No.: 12587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. BACZ V. NO.: 04-3841 BRYAN J. BACZ VISITATION CERTIFICATE OF SERVICE I, Arthur L. Gutkin, Esquire, hereby certify that, on the 5th day of July, 2007, I caused a true and correct copy of the within Amendment to the Petition to Amend Caption to be mailed to: Paul J. Esposito, Esquire Goldberg Katzman 320 Market Street, Strawberry Square PO Box 1268 Harrisburg, PA 17108-4161 Dated: July 5, 2007 Arthur L. Gutkin, Esquire Attorney for Petitioner L T, L J kjo cV SHELBY J. UNGER-BACZ and MARTHA UNGER, Plaintiffs V. . BRYAN J. BACZ, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3841 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 18th day of July, 2007, after hearing, the following order shall replace all Orders previously entered in this matter: 1. Father, Bryan J. Bacz, shall enjoy legal custody of Zachary A. Bacz, born January 21, 1999, and Jacob T. Bacz, born May 29, 2001. 2. Father shall also enjoy primary physical custody of the boys. 3. Father shall make the children available for up to three phone calls per week from Mother, for up to 15 minutes each, at times to be mutually agreed upon between Mother and Father. If Mother and Father cannot agree, the time shall be 8:00 p.m. on Monday, Wednesday and Saturday. Father need not accept collect calls. 4. Father shall see to it that the children receive all correspondence from Mother and that they respond to each and every one. Father shall send Mother copies of all report cards within 10 days of receipt. He is further directed to include updated photos of the boys with each report card. 5. Grandmother may visit with the children on the second Saturday of each month from noon until 5:00 p.m., unless otherwise agreed to by the parties. Said visitation shall be exercised within 15 miles of Father's home. 6. We are satisfied that Mother should be able to ? • Page 2 Bacz vs. Bacz No. 04-2841 Civil Term see her sons at least four times per year and encourage the parties to work out those details. Failing agreement between the parties, it shall be on the second weekend of October, April, June and August. Father may take the children to visit with Mother if he desires, or he shall extend Grandmother's monthly visit from Saturday only from 6:00 p.m. until Sunday at 7:00 p.m. so that she may take the children to visit with Mother. Provided, however, if Father takes the children to visit with Mother, the visit shall be at least three hours in length. There need be no additional separate visitation with Grandmother in the months when they visit Mother. 7. Grandmother shall be entitled to have the children for three days [Friday at noon to Monday at noon] before they go back to school this year. These three days are to be on a weekend mutually agreed upon in writing between Father and Grandmother. Failing a written agreement by August 1, 2007, the three-day visitation shall commence on noon, Friday, August 17, 2007, and conclude on noon, Monday, August 20, 2007. Grandmother may take the children to visit with Mother at the state prison during that visitation period. ?thr L. Gutkin, Esquix ttorney for Plaintiffs srs to, Esquire ant .I d -1111 JO SHELBY J. UNGER-BACZ, IN THE COURT OF COMMON PLEAS OF and MARTHA UNGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 04-3841 CIVIL TERM BRYAN J. BACZ, Defendant IN CUSTODY IN RE : AMENDMENT ORDER OF COURT AND NOW, this 7th day of September, 2007, Paragraph 6 of our Order dated July 18, 2007, is amended to provide as follows: Father may take the children to visit with Mother if he desires, or he shall extend Grandmother's monthly visit from Friday at 6:00 p.m. until Sunday at 7:00 p.m. so that she may take the children to visit with Mother. This amendment is made to correct a typographical error made in the Order that was filed and to bring it into compliance with the transcript of the Order as dictated from the bench. By Edward E. Guido, J. Arthur L. Gutkin, Esquire Attorney for Plaintiffs Paul J. Esposito, Esquire Attorney for Defendant srs VINVAWNN3d 9 1 :q Wd L- d3S LZ J0 AHVl(W4?w 1 SHELBY UNGER-BACZ AND IN THE COURT OF COMMON PLEAS OF MARTHA UNGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. BRYAN J. BACZ, NO. 2004 - 3841 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 12TH day of JUNE, 2008, the attached letter is to be treated as a Petition for Contempt of custody and shall be referred for conciliation. The Court Administrator is directed to coordinate arrangements with SCI Cambridge Springs to allow petitioner to participate by telephone. Shelby J. Unger-Bacz ? Arthur L. Gutkin, Esquire "?Paul J. Esposito, Esquire V--Court Administrator e Y 7? ?!J w? : sld COP ," rn? t ki, Edward E. Guido, J. C 1 :01 WV 91 nr 800Z MViONOH iO??'d `3M JO vMe eebujAV-D ?(1?? ?L COURT ORDOP- wo , 04 -- 3241 C I V I ? ?? RE ::?u„tL 4 # 244$ am Zoo 7. ` fi o tk-, cffUn.t orb ?'` Lo to al 5 • t LOW an aL 19 17 V)W? 4LP-t " =+ / (one) tt?e-" Ct ! 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N 3 14, r? i? c? wd t;1 .,..t ?_ SHELBY LINGER-BACZ AND MARTHA IN THE COURT OF COMMON PLEAS OF UNGER PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA _vW@@5"4r CIVIL ACTION LAW BRYAN J. BACZ IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, June 26, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at Ctrm #3 , Cumberland County Courthouse, Carlisle on Friday, July 11, 2008 at 2:00 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/ Hubert X. Gilro Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 5o-a?--I z ill Inc UR r- SHELBY UNGER-BACZ and IN THE COURT OF COMMON PLEAS OF MARTHA UNGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. CIVIL ACTION - LAW BRYAN J. BACZ, NO.400ff-3841 Defendant IN CUSTODY Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE 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 children who are the subject of this litigation is as follows: Zachary A. Bacz, born January 21, 1999 Jacob T. Bacz, born May 29, 2001 2. A Conciliation Conference was held on August 21, 2008, with the following individuals in attendance: The father, Bryan J. Bacz, with his counsel, Paul J. Esposito, Esquire, and the mother, Shelby Unger-Bacz, who appeared via telephone from the State Correctional Institution at Cambridge Springs. Also present was the maternal grandmother, Martha Unger. 3. There is an Order from July, 2007, specifying certain visitation rights for the Mother. The Mother is incarcerated and does not anticipate release until 2013. The Mother is suggesting the Father is not complying with the Order and she also seeks to modify the Order primarily to have the Maternal Grandmother solely to take the children up to the prison to visit the Mom. The Mother suggests there have been problems when the Father ',takes the children up. The Father is unwilling to abide by Mother's request, and suggests the children do not want to go solely with the Grandmother. There are also some other issues with respect to whether the Father has complied with the existing Order as far as providing information to the Mother. 4. The Conciliator was unable to resolve some threshold issues so a hearing is required. The Conciliator recommends an Order in the form as attached. Date: August ?2 , 2008 Hu`6ert X. Gilr y, Esquire Custody Co iliator ? IJD AUG 2 6 2008 4 SHELBY UNGER-BACZ and IN THE COURT OF COMMON PLEAS OF MARTHA UNGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. CIVIL ACTION - LAW ' 6U BRYAN J. BACZ, NO. ' 99* 3841 Defendant IN CUSTODY COURT ORDER AND NOW, this day of /+,? , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 3 of the Cumberland County Courthouse on the _ day of Q Air v n , 2008, at d q.. m. At this hearing, the Mother shall be the moving party and the Court shall take testimony from the Mother initially. The Mother and legal counsel for the Father shall file with the Court a Memorandum setting forth the issues that need to be addressed by the Court at this hearing. 2. In light of the Mother's current status as a prisoner in a state correctional institution, the Cumberland County Court Administrator shall make arrangements for the Mother to be available to testify over the telephone if required or, in the alternative, if Mother can make arrangements to be transported to Cumberland County for the hearing, the Mother may appear to testify in person. 3. Pending further Order of this Court, this Court's prior Orders of July 18, 2007, and 3 September 7, 2007, shall remain in effect. a?"+? 4' /IV's n Gvt?l cry,,,,,, .K-?- „ -r ?. ,?/N,.i S BY T , P:t4 Edward E. Guido, Jpdge cc: ? J. Esposito, Esquire S helby Unger-Bacz Zs. s. Martha Unger tr?nr,r r' i` J :8 A 6z 9AV HE '?'?{{?[[77++ r d :J 014-J"L-Gild t SHELBY UNGER-BACZ and IN THE COURT OF COMMON PLEAS OF MARTHA UNGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. CIVIL ACTION - LAW BRYAN J. BACZ, : NO.,189$ 3841 Defendant IN CUSTODY Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE 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 children who are the subject of this litigation is as follows: Zachary A. Bacz, born January 21, 1999 Jacob T. Bacz, born May 29, 2001 2. A Conciliation Conference was held on August 21, 2008, with the following individuals in attendance: The father, Bryan J. Bacz, with his counsel, Paul J. Esposito, Esquire, and the mother, Shelby Unger-Bacz, who appeared via telephone from the State Correctional Institution at Cambridge Springs. Also present was the maternal grandmother, Martha Unger. 3. There is an Order from July, 2007, specifying certain visitation rights for the Mother. The Mother is incarcerated and does not anticipate release until 2013. The Mother is suggesting the Father is not complying with the Order and she also seeks to modify the Order primarily to have the Maternal Grandmother solely to take the children up to the prison to visit the Mom. The Mother suggests there have been problems when the Father takes the children up. The Father is unwilling to abide by Mother's request, and suggests the children do not want to go solely with the Grandmother. There are also some other issues with respect to whether the Father has complied with the existing Order as far as providing information to the Mother. SHELBY UNGER-BACZ and IN THE COURT OF COMMON PLEAS OF MARTHA UNGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 04-3841 CIVIL TERM BRYAN J. BACZ, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 20th day of October, 2008, after hearing, the Petition For Contempt is DISMISSED. 13y Edward E. Guido, J. Shelby J. Unger-Bacz #OL3927 SCI at Cambridge Springs 451 Fullerton Avenue Cambridge Springs, PA 16403-1238 Plaintiff, Pro se V--'P'aul J. Esposito, Esquire Goldberg Katzman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant srs 120F 1 £s rn.7 t LL SS:8 V IZ130HE C, 3,71 ~, ~ , - 3 ' ~ JUN 0'3 201U SHELBY J. LINGER-BACZ, and MARTHA LINGER Plaintiff v. BRYAN J. BACZ, deceased, Defendant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW • ll ~1~3 &'W NO. ~9A3 --4f99 CIVIL TERM IN CUSTODY ORDER OF COURT THE C U , J• Distribution: ~ Nathan C. Wolf, Esquire For Plaintiffs e~ ~ ~/9J,a ~ ~ ~ ; /`7- t? ~ r . i ~~ ill ~ f , v, "~ , --~ ' .., r _ _i t..! ~.~ f . C-:; r :may i''t ~~ AND NOW, this ~ day of ~, 20~ upon presentation and consideration of the attached stipulation and agreement of the parties, the agreement is hereby made an Order of Court. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY`, PENNSYLVANIA SHELBY J. UNGER-BACZ, and MARTHA UNGER, CIVIL ACTION-LAW Plaintiff ~'> ^; v . No . 2004-3841 CIVIL TERM ~-~ ~.~; _~ "; • ~ ~ --~M ...r, BRYAN J. BACZ, deceased, IN CUSTODY 4~ -- Defendant - ~ MOTION TO A!ffi~ID STIPi)LATION AND At~EHffiIT Plaintiffs respectfully request that the attached "Stipulation and Agr~eeme~~t" -' that was made an Order of Court by Judge Edward Guido on June 8th, 2010, ~ tie amended to read: (Under NOW THEREFORE #3) 3. Grandmother grants temporary custody of the children to Vickie Boyer, Grandmother's neice, while the children reside with her at 1048 gunkle Drive, Chambersburg, PA during Mother's period of incarceration. Wherefore, all parties are in agreement with the proposed changes as is witnessed in the attached notarized statements, and pray this Honorable Court grant this Motion to Amend. a-~ SHELBY J. R-BACZ L3927 451 Fullerton Avenue Cambridge Springs, PA 16403-1238 IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and pear herein. SHELBY J ~ GER- CZ r (SEAL) THA J. GER r. ~-~'~ /O X31 !6l COMMONWEALTH OF PENNSYLVANIA ~~ ~ "~ ~ f 1 _ 11 :SS: COUNTY OF ~ C/L~t~ ~'(CJL- On this, the ~ day of ~~ 2010, before me, the undersigned officer, personally appeared SHELBY J. LINGER-BACZ, kn6wn to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS F, , I hereunto set my hand and official seal. _ corNMONwew~TM of r~NSrwwNU NOTARIAL SEAL ~ (SEAL) DENISE MARIE FALES, Notary Public Notary Public Cambridge Sprin Boro., Crawbrd County My Commisswn Dec~nber 7, 201 COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the ~ day of 2010, before me, the undersigned officer, personally appeared MARTHA J. LINGER, kno to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. O~ ~~-- (SEAL) Notary Pu 'c ~~ wa"" .''.rw~e ~.~ NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF SHELBY J. LINGER-BACZ, and MARTHA LINGER Plaintiff v. BRYAN J. BACZ, deceased, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW • pc~ 38tif( N0.209~'-1600 CIVIL TERM ]IN CUSTODY STIPUIIATIONANDRGREEMENT THIS STIPULATION AND AGREEMENT is entered into this day of .2010, by and between SHELBY J. LINGER-BACZ (hereinafter referred to as "Mother") and MARTHA LINGER (hereinafter referred to as "Grandmother"). NOW THIS AGREEMENT'WITNESSETH THAT: WHEREAS, the Mother and Bryan Bacz, deceased (hereinafter "Father' were the natural parents of two minor children, namely, ZACHARY A. BACZ (born January 21,1999) and JACOB T. BACZ (bom May 29, 2001); and, WHEREAS, Grandmother is the maternal grandmother of said children; WHEREAS, Father died on or about April 9, 2010 of undetermined causes but Father is not believed to have been the victim of a c~*n~nal offense; WHEREAS, the Court of Common Pleas of Cumberland County had issued orders for custody in this action in the past granting Father primary custody and legal custody of the children, granting Mother periods of visitation with the children and granting Grandmother periods of partial physical custody and visitation with the children; WHEREAS, Mother is currently incarcerated in SCI Cambridge Springs for a term of incarceration of not less than 7 nor more than 14 years imprisonment, with credit from December 12, 2006 (thus having served approximately one-half of her minimum sentence) and is currently seeking PCRA relief of her conviction; WHEREAS, Mother's current circumstance prevents her from exercising custody of her children until her release; WHEREAS, Mother and Grandmother are the only individuals to whom any custody rights were granted other than Father, who is now deceased; WHEREAS, Mother and Grandmother are aware of no other Order of Court granting any custodial rights or guardianship of the children to any other individual or any Order adjudicating the children dependent in this or any other Court of this Commonwealth; WHEREAS, Mother executed an agreement for temporary custody with Grandmother on Apri112, 2010 which was not incorporated into or sought to be made an Order of Court; WHEREAS, Mother and Grandmother agree that Grandmother is best suited to make decisions for the care of the children and to determine the most appropriate home for the children; WHEREAS, the parties now wish to enter into an agreement relative to the custody of the children without the need for litigation and request the Court enter an Order incorporating and confirming the agreement set forth herein; and, NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall have shared legal custody of the children. 2. The Grandmother shall have primary physical custody of the children subject to Mother's periods of supervised visitation with the schedule of such visits to be arranged as the parties may agree from time to time and in such a manner which is permitted by the State Department of Corrections. 3. Grandmother shall have the ability to grant temporary custody of the children to Helen M. Boyer or Vickie Boyer, Grandmother's sister and niece from time to tune as she may deem appropriate. 4. .Upon Mother's release from incarceration, the parties acknowledge that it is Mother's clear intention to resume custody of the children and that this agreement is temporary in nature to provide for their care and to provide sufficient authorization to Grandmother to exercise custody of the children and make decisions necessary for their daily needs. 5. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. 6. The parties shall do nothing that may estrange the child from the other party or hinder the natural development of the child's love or affection for the other party. 7. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 8. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. 9. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. 10. The parties have had the benefit of the advice of counsel in reaching the foregoing agreement. Grandmother and Mother have each been advised as to the impact and enforceability of this agreement by Nathan C. Wolf, Esquire each party has been JUN 0 3 2010 SHELBY J. LINGER-BACZ, : IN THE COURT OF COMMON PLEAS OF and MARTHA LINGER :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :CIVIL ACTION -LAW • u~f~-3s~lt BRYAN J. BACZ, deceased, : NO. ~A93 ~~698 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT ~~~ AND NOW, this day of ~, 20~ upon presentation and consideration of the attached stipulation and agreement of the parties, the agreement is hereby made an Order of Court. Distribution: Nathan C. Wolf, Esquire For Plaintiffs BY THE C _ URT; ;~~ -~ fir,, ~. J• TRUE COPY FROM RECORD In Testimony whereof, 1 here unto set my hand and the seal of said Court ~ ~ pa. This - G..._.d~r of - ,?~+ 20 ~;~., AUG 1 s 2010 3 SHELBY J. UNGER-BACZ, and MARTHA UNGER Plaintiff V. BRYAN J. BACZ, deceased, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 200:4-3841' CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this J?eday of , 20& upon presentation and consideration of the attached stipulation and agreement of the parties, the agreement is hereby made an Order of Court. } I3Y THE T, J• ?iS'?2 ?flal?l; V ZHF-:L 4 wQ6E 2 - PAC:--2- x}51 Fuw.2t m Avc . Cramb,? C? e Sars, PA IW63--1238 lie =1i C-ett -a, PA 17013 VICL-'i 60yt ? 1048 O.UnkLe- 01-jit -BSig Ch) mb..e,LbLL'3, PA 1'7Za7- rP:rs .... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA 14 A! ...Z rig 1; SHELBY J. UNGER-BACZ, : P E N H S Y LV:T;N I t`' AND MARTHA LINGER, • CIVIL ACTION—LAW Plaintiff • No. 2004-3841 CIVIL TERM V. IN CUSTODY BRYAN J. BACZ, (deceased) Defendant • MOTION TO AMEND STIPULATION AND AGREEMENT Plaintiffs respectfully request that the attached"Stipulation and Agreement"that was made an Order of Court by Judge Edward Guido on June 8th, 2010, and amended on August 24, 2010, to now be annulled due to natural mother's return from incarceration. As per the agreement, specifically"NOW THEREFORE#3"reads: 3. Grandmother grants temporary custody of the children to Vicki Boyer, Grandmother's niece, while the children reside with her at 1048 Kunkle Drive, Chambersburg, PA during Mother's period of incarceration. Mother, Shelby Unger-Bacz, is now home from prison and requests full custody of her children be reinstated to her. Wherefore,plaintiff prays this Honorable Court grant the Motion to Amend. Respectfully, Gcci3,e, CJIL,T€- Shelby Unger-Bacz, Pro Se 1048 Kunkle Drive Chambersburg, PA 17202-8518 814-795-6424 JUN 03201U SHELBY J. UNGER-BACZ, : IN THE COURT OF COMMON PLEAS OF and MARTHA UNGER : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. : CIVIL ACTION LAW • U Li'-3E(1I BRYAN J. BACZ,deceased, :NO. 2003- 699 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of ,20 'A'_upon presentation and consideration of the attached stipulation and agreement of the parties, the agreement is hereby made an Order of Court. BY THE C . URT, J. Distribution: Nathan C.Wolf,Esquire For Plaintiffs TRUE COPY FROM RECORD in Testimony whereof,I here unto set my hand and the seal of said Court at Carlisle,Pa. This—L_...drty of ter. ,20/c" Prothonotar' EX L I • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHELBY J. UNGER-BACZ, • and MARTHA UNGER, CIVIL ACTION-LAW Plaintiff • V. No. 2004-3841 CIVIL TERM • BRYAN J. BACZ, deceased, IN CUSTODY Defendant • MOTION TO AMEND STIPULATION AND AGREEMENT Plaintiffs respectfully request that the attached "Stipulation and Agreemit" that was made an Order of Court by Judge Edward Guido on June 8th, 2010, '`'u. be amended to read: (Under NOW THEREFORE #3) 3. Grandmother grants temporary custody of the children to Vickie Boyer, Grandmother's nice, while the children reside with her at 1048 Kunkle Drive, Chambersburg, PA during Mother's period of incarceration. Wherefore, all parties are in agreement with the proposed changes as is witnessed in the attached notarized statements, and pray this Honorable Court grant this Motion to Amend. SHELBY J. UNGER-BACZ #OL3927 451 Fullerton Avenue Cambridge Springs, PA 16403-1238 1 x.. 2- AUG , 92010 SHELBY J. LINGER-BACZ, • IN THE COURT OF COMMON PLEAS OF and MARTHA UNGER : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION- LAW BRYAN J. BACZ, deceased, : NO. 200:4-3841' CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, this P day of , 20, upon presentation and consideration of the attached stipulation and agreement of the parties, the agreement is hereby made an Order of Court. BY THE COURT, J. zHeLe4 uNiciet .'64,6 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand r, _.�.,.n ACC and the seal of said Court at Carlisle, Pa. ��� /u" , This �! day of ! 20 /0 cam b,t)(1 �e S t PA evi-o3°(,GJ✓'S ��Prothono'/� ri'1/oe�A u�JJUEE / ✓ f SZ4 14-¢: ihmu.- £c c It Co-Ali-ail PA t/013 ViC i uayE.I RYA Kumtki-f-OA:ux Chamh e.l.,thoi9, PA • Ek, 3 Qf igcrl�Q IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVAN11A SHELBY J.UNGER-BACZ, AND MARTHA UNGER, CIVIL ACTION—LAW Plaintiff No. 2004-3841 CIVIL TERM V. IN CUSTODY BRYAN J.BACZ, (deceased) Defendant MOTION TO AMEND STIPULATION AND AGREEMENT Plaintiffs respectfully request that the attached"Stipulation and Agreement"that was made an Order of Court by Judge Edward Guido on June Wh, 2010, and amended on August 24, 2010, to now be annulled due to natural mother's return from incarceration. As per the agreement, specifically"NOW THEREFORE#3"reads: 3. Grandmother grants temporary custody of the children to Vicki Boyer, Grandmother's niece, while the children reside with her at 1048 Kunkle Drive, Chambersburg, PA during Mother's period of incarceration. Mother, Shelby Unger-Baez, is now home from prison and requests full custody of her children be reinstated to her. Wherefore,plaintiff prays this Honorable Court grant the Motion to Amend. E"7 Respectfully, `= ' Shelby Unger-Baez,Pro Se 1048 Kunkle Drive > Chambersburg,PA 17202-8518 `t -t 4 °71-7-809- (,oR0 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 herein that they agree to the new"Motion to Amend Stipulation and Agreement"filed by mother,Shelby J. Unger-Baez. (SEAL) SHELBY J. BACZ ( ELBY J. UNGER-BACZ) (SEAL) MA THA J. UNGER �'V V (SEAL) VICKI BOYER COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF On this,the day dam, before me,the undersigned officer, personally appeared SHELBY J. BACZ, MARTHA fjUNGER,AND VICKI BOYER, known to me(or satisfactorily proven)to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA, I hereto set my hand and official seal. CJ IL �J 12 (SEAL) NOTARY PUBLIC NWPAI TH Or PENNS WA IA NOTARIAL SEAL TINA M.EFFLAND,Notary Public Ohambersburg Bono,Franklin County t My Commission Expires Decsmber 3,2014 SHELBY J. UNGER-BACZ IN THE COURT OF COMMON PLEAS OF AND MARTHA UNGER, CUMBERLAND COUNTY, PENNSYLVANIA V. BRYAN J. BACZ, (deceased) NO. 2004—3841 CIVIL TERM IN CUSTODY IN RE: STIPULATION AND AGREEMENT ORDER OF COURT AND NOW, this 10TH day of FEBRUARY, 2014, upon consideration of the attached "Motion to Amend Stipulation and Agreement" filed by natural mother Shelby J. Unger-Bacz,the motion is hereby GRANTED, giving her full custody of her two children. a. ZACHARY BACZ, born January 21, 1999. b. JACOB BACZ, born May 29, 2001. B e Co rt, Edward . Guido, J. Shelby Unger-Bacz 1048 Kunkle Drive Chambersburg, Pa. 17201 Vicki Boyer %C- 1048 Kunkle Drive ' _ Chambersburg, Pa. 17201 MSC., rn ; z,v 1CO �rtha Unger -`�'�� 1824 Heishman Gardens „ Carlisle, Pa. 17013 :w sld Cc &CL