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HomeMy WebLinkAbout05-1209 o Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. BAKER VS, :No. Os /' 1J-09 LAURA KELLER, Defendant. : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You arc warned that if you fail to do so the case may proceed without you and ajudgement may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LA WYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Michael S. Travis ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 (717) 731-9502 JOHN J. BAKER Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. :No. 0,,--1..2.0 '7 LAURA KELLER, Defendant. : IN CUSTODY COMPLAINT FOR CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is John J. Baker residing at 2141 Derry Street, Harrisburg, Dauphin County, Pennsylvania 17104. 2. The Defendant is Laura Keller residing at 170 Shatto Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks shared legal custody and liberal periods of visitation of the fotlowing child: NAME PRESENT RESIDENCE DOB Jan. 24, 2000 (age 5) Maxwell Keller 170 Shatto Drive Carlisle, P A [7013 Maxwell Keller was born out of wedlock. The Child is presently in the custody of Laura Keller who resides at 170 Shatto Drive, Carlisle, PA 17103. The child has resided with the fotlowing persons and at the following addresses since birth: Persons Addresses Dates John Baker 170 Shatto Drive Laura Keller Carlisle, P A 17013 Lindsey Baker (daughter of John Baker) 1100-8/00 Laura Keller 170 Shatto Drive Carlisle, PAl 70 j 3 8/00-8/03 John Baker Laura Ketler Lindsey Baker Laura Keller 170 Shatto Drive Carlisle, PA 17013 8/03-6/04 170 Shatto Drive Carlisle. PA 17013 6/04-date The mother of the child is Laura Keller, currently residing at 170 Shatto Drive, Carlisle. PA 17013. She is not man'ied to the father. The father of the child is John J. Baker, currently residing at 2141 Derry Street, Harrisburg, Dauphin County, PA 17104. He is married, but not to the mother. 4. The relationship of Plaintiff to the child is that offather. The Plaintiff currently resides alone. 5. The relationship of the Defendant to the child is that of mother. The Defendant currently resides with the child. 6. Neither party has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 2 8. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff has participated in the primary care of the child throughout his life. B. Plaintiff can provide a stable environment. C. Plaintiff can provide a loving home. 9. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff seeks shared legal custody and liberal periods of visitation of the child. Respectfully submitted, Michael S. Travis Attorney for Plaintiff Supreme Court 10 No. 77399 3904 Trindle Road Camp Hill, PA 17011 (717) 731-9502 o j Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. BAKER vs. : No. LAURA KELLER, Defendant. : IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I lmderstand that false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: (") ~; ~.";, .....> = c':) <J" ~ ':>'" -;;0 . 0> -0 -~ ~ ~ ~ ~ ~f\ ~ - - ~ -- ~ -- '0- Cl ~ "'- ~ <;)() ~ .-0.\ :L-n n'r:::': ",.,,\1) :J1 T \;::~C} :~:i2~ 1'5(\1 ~::.,\ '.';r ::0 ...:: r:? r'-' - ~ JOHN J. BAKER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA v. 05-1209 CIVIL ACTION LA W LAURA KELLER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Monday, March 14,.?005___.._. upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. . the conciliator, at_!Y Ma.~..JllVe'sl.}901 State St., CamP HiI~I'_~l1l!.~ on_~___----,,-,"~~Y, Apr~115, 2005 __ at 1:00 PM for a Pre-Hearing Custody Conference. At such confercnce, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to detine 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 confercnce. Failurc to appear at the conference mav 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:~ Melissa P. Greeyy, Esq. ---------t!J11 Custody Conciliator r The Courl of Common Pleas of Cumberland County is rcquired by law to comply with the Amcricans with DisabiIites Act of 1990. For information about accessible facilities and reasonable accommodations availahle 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 HA VE 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 Bedt"rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4~ P '?1 ~>-nW ~ ..h :'? /'rri? /~?L, :-r~y:'\fl:'.?? /7r~ ~ .~ ..\ ". t",'. , i \. . ,; ;lr:JJI [' 5'2_'>1 r Jv~5/ (' . RECEIVED APR 28 200SY J"y JOHN J. BAKER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-1209 CIVIL TERM v. CIVIL ACTION - LAW LjA,URA KELLER, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this 2, J day of VU~ .., , 2005, upon consideration of t e attached Custody Conciliation Summary Report, it is hereby ordered and directed as f 1I0ws: 1. Leqal Custody. The parties, Laura Keller and John J. Baker, shall have s ared legal custody of the minor child, Maxwell Keller, born January 24,2000. However, in t e event that medical circumstances arise wherein a physician recommends that the child h ve a blood transfusion, Mother shall have the right to make the final decision in this r gard. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be temporarily arranged as follows: A. On April 15, 2005 and April 29, 2005, on alternating weekends, from Friday between 6:00 p.m. and 8:00 p.m. until Sunday at 9:00 a.m. and from Sunday at Noon to 8:00 p.m. B. Effective May 13, 2005, on alternating weekends, from Friday between 6:00 p.m. and 8:00 p.m. to Sunday at 8:00 p.m. C. Effective April 20, 2005, each Wednesday from between 6:00 p.m. and 8:00 p.m. until Thursday morning at 7:30 a.m. each week for four weeks. D. Effective May 16, 2005, Father's weekday periods of custody shall be expanded to include Monday evenings as well as Wednesday evenings. The custodial periods shall begin between 6:00 p.m. and 8:00 p.m. and continue until Tuesday and Thursday mornings at 7:30 a.m. i'\c '~)F:: (.:1'_ we;:, --' u:LU :.c f-.. v_ a 0..... U) (~ ",.,- '- (~ N , >- 1.1'7,. C::) t::::::, "" -- . NO. 05-1209 CIVIL TERM i 3. For the first ten days of Father's periods of partial custody, Father will hold in abeyance his wish to take the child to religious services with him in order to provide Mother 0ith an opportunity to evaluate her legal position with regard to her objections to the child a~tending Jehovah Witnesses' church services. 4. Both parties shall have the right to reasonable telephone contact with the child d ring the other party's period of custody/visitation. The child may initiate a telephone call t the non-custodial parent upon their request. Neither party shall interfere with the other p rty's telephone contacts with the child. Each party shall make all reasonable efforts to p omptly return calls or messages left by the other party regarding the child. 5. Vacation. Father will have custody, for purposes of summer vacation, from J ne 5, 2005, through June 11,2005. In the event this falls on Mother's custodial weekend, t e parties will trade weekends. Otherwise, each parent shall be entitled to two n nconsecutive weeks of custody each summer for purposes of summer vacation. The rties shall provide each other with at least a thirty-day notice of their planned vacation e. In the event that the parties have arranged conflicting schedules for vacation, the p rty first providing written notice to the other party shall have choice of the vacation week. A ditionally, the vacationing parent shall provide a telephone number and location where t ey can be reached during the vacation. 6. Holidavs. The holiday schedule supercedes the regular schedule. Father s all have custody for Thanksgiving holiday beginning at 7:00 p.m. Thanksgiving Day and c ntinuing through 7:00 p.m. on Black Friday each year. 1 7. Transportation. Father shall provide transportation incident to the custodial ethangeS except by mutual agreement of the parties. 8. The Custody Conciliation Conference shall reconvene on June 24, 2005, a 9:00 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1 01 State Street, Camp Hill, PA 17011. BY THE COURT: J. Di I: ~phael S. Travis. Esquire. 3904 Trindle Road, Camp Hill. PA 17011 vIO\i:hael J. Ware. Esquire, 155 South Hanover Street, Carlisle. PA 17013 ,f . RECEIVED APR 28 xmY JOHN J. BAKER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-1209 CIVIL TERM v. CIVIL ACTION - LAW Lfi\URA KELLER, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1 15.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this Ii igation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF January 24, 2000 Mother 2. Father filed the Complaint for Custody on March 8, 2005. The parties' first stody Conciliation Conference was held on April 15, 2005. Attending the conference w re: the Father, John J. Baker, and his counsel, Michael S. Travis, Esquire; the Mother, Lura Keller, and her counsel, Michael Whare, Esquire. The parties reached an agreement as to a Temporary Order in the form as (\ ( I /1..~ ) V )It.( / . 3. a tached. Date :2 9335 ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA CIVIL DIVISION JOHN J. BAKER, CASE NUMBER: 05-l209 Civil Term Plaintiff ISSUE NUMBER: v. PLEADING: LAURA KELLER, PRAECIPE FOR APPEARANCE Defendant CODE AND CLASSIFICATION: FILED ON BEHALF OF: Defendant. COUNSEL OF RECORD: PAUL A. CACCIAMANI, ESQUIRE Pa.lO# 88331 CIPRIANI & WERNER, P.C. lOl7 Mumma Road Lemoyne, P A ] 7043 (7] 7) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Defendant ) CASE NO: 05-1209 Civil Term ) ) ) ) ) ) ) ) JOHN J. BAKER, Plaintiff v. LAURA KELLER, PRAECIPE FOR APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter my appearance on behalf of the Defendant, Laura Keller, in the above-captioned matter. Respectfully submitted, BY: CIPRIANI & WERNER, P.c. ~~~ PAUL A. CACCIAMANI, ESQUIRE Attorney for the Defendant CERTIFICATE OF SERVICE That counsel for the Defendant hereby certifies that a true and correct copy of its PRAECIPE FOR APPEARANCE has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the .J '-I day of 'hit):.?/-- ,2005. Michael S. Travis 3904 Trindle Road Camp Hill, PA 1701] Michael J. Whare 155 South Hanover Street Carlisle, P A 17013 Respectfully submitted, BY: CIPRIANI & WERNER, P.c. il~~ ~QUlRE Attorney for the Defendant ,;:), -;'-f\ " ,.,; r.:' c.;. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOHN J. BAKER, Plainti ff ) CASE NO: 05-1209 Civil Term ) ) ) ) ) ) ) ) v. LA URA KELLER, Defendant PRAECIPE TO WlTHDRA W APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly withdraw my appearance on behalf of the Defendant, LAURA KELLER, in the above-captioned matter. Date: ~;))7. () $"""'- BY: y11 ~ / k,/( MICHAEL J. WHARE, ESQUIRE 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 , CERTIFICATE OF SERVICE That counsel for the Defendant hereby certifies that a true and correct copy of its PRAECIPE TO WITHDRAW APPEARANCE has been served on all counsel of record, by first class mail, postage pre-paid, jijording to the Pennsylvania Rules of Civil Procedure, on the l} day of "''1' ,2005. Michael S. Travis 3904 Trindle Road Camp Hill, PA 1701 1 Paul A. Cacciamani Cipriani & Werner 1017 Mumma Road Lemoyne, PAl 7043 BY: /Y1 ~ /7' ~_ /l MICHAEL J. WHARE, siSQUIRE - , ~ i{') '''') (" ' ~~ : ~: u If.") ~) ....-1 - JOHN J. BAKER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RECEIVED JUL 05 Z005 f Plaintiff NO. 05-1209 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. LAURA KELLER, Defendant OLER, J. --- TEMPORARY ORDER OF COURT AND NOW, this ---'ltL.- day of July, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Order of May 2, 2005 shall remain in full force and effect with the following modifications, pending an agreement of the parties or further Order of Court: 1. Holidavs. The holiday schedule shall supersede the regular schedule. Father shall have custody for the Thanksgiving Holiday beginning at 7:00 p.m. Thanksgiving Day and continuing through 7:00 p.m. Black Friday each year. Additionally, Father shall have custody from 9:00 a.m. to 9:00 p.m. on Father's Day, Memorial Day, Labor Day, and one additional day during the school Winter recess, which day shall not be one of the holidays reserved to Mother. Mother shall have custody for New Year's Day, Thanksgiving Day until 7:00 p.m., Trick or Treat Night, Christmas Eve, Christmas Day, Easter, Mother's Day, from 9:00 a.m. to 9:00 p.m. and Independence Day. 2. A hearing is scheduled in Courtroom Number 1 of the Cumberland County Courthouse, on the /]dt day of tJr'.h/}.4A/ , 2005, at /! 3c; o'clock 1.M., at which time testimony will be taken. For the purposes of the hearing, the Mother, Laura Keller, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro sa shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: J. Dist: ~hael S. Travis, Esquire, 3904 Trindle Road, Camp Hill, PA 17011 =;;:"'~.-:~~ 7-7-,:).:1 .M-- ('(0 · o >- $Z I-' UJ~ Qc5 tt- gf5 ::is: 0:"'-' FS u. o M tn N :r: 0- r- I -' :::> ..., = = = "'" f; / .:5<( t;);ry: ..5* ~:J .~- (I') ,4 ;-i){cJ ~i1- <..:> - RECEIVED JUl 05 Z005 , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1209 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY JOHN J. BAKER, v. LAURA KELLER, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Maxwell Keller January 24, 2000 Mother 2. The parties' second Custody Conciliation Conference was held on June 24, 2005. Attending the conference were: the Father, John J. Baker, and his counsel, Michael S. Travis, Esquire; the Mother, Laura Keller, and her new counsel, Paul A. Cacciamani, Esquire. 3. Father's oosition on custodv is as follows: Father is very happy with the way things are going under the new Custody Order. He relates that he feels that it allows him to be a dad and spaces out the time nicely because the child sees him on two weekdays and on alternating weekends. He enjoys the bedtime and story routine that they have in the evening and believes that the bonding that they have experienced will allow him to have an influence on the child's life. The one thing that Father indicated that he might want to change in the schedule would be to have the child stay with him overnight on the Sunday nights of his custodial weekends. With regard to stability, Father indicates that he believes that it is more stable for the child to got through his evening routine, shower, story time and bedtime ritual than to have to return to his Mother late in the evening to sleep at her home. Father also believes that neither of them have had a chance to see how the child is affected by this schedule during the school year because the child has not yet started to school. He sees Mother's position as speculative or, as he put is, calling the fire department before there is a fire. NO. 05-1209 CIVIL TERM With regard to holidays, Father reconsidered his position since the first Conference. Although he does not celebrate holidays due to his Jehovah's Witness faith, he would like to enjoy additional custodial time with the child during those times when he may be out of school because of a holiday. He also would like the opportunity to take the child to picnics and gatherings with friends that occur on holidays such as Memorial Day and Labor Day. However, he very strongly wants the child to be able to celebrate Easter, Christmas Day, Trick or Treat and Thanksgiving with Mother and her family. Additionally, he believes it is important for the child to be with his Mother on Mother's Day. 4. Mother's Dosition on custodv is as follows: Mother indicates that she has changed her work schedule to allow her to be off work in the evenings on the days that Father has custody. She believes that the back and forth of the custodial schedule to which the parties agreed in April causes confusion because the child asks her who is going to pick him up each day. She would like to stop the Monday and Wednesday overnight visits and limit them to a few hours of partial custody on Monday ;and Wednesday evenings. She expressed concern that the nature of the custodial schedule that they have been following will negatively affect the child when he goes to kindergarten at the end of August. She strongly believes that it will be more stabilizing for the child to sleep at her home on all nights preceding a school day. With regard to holidays, Mother iinitially resisted sharing holidays, other than Father's Day and the previously agreed upon Black Friday because she believes that Father should have no holiday custodial time due to the fact that he does not celebrate holidays by reason of his religious faith. 5. Conciliator's Comments: After some discussion, the parties reached an agreement with regard to holidays. However, when it became clear that the question of the ultimate schedule was not going to be resolved at the Custody Conciliation Conference and would need Court intervention, both parties indicated that their positions with regard to the holidays might be different by the time of trial. The Conciliator recommends that the Temporary Order of May 2, 2005 remain in place with an l~mended holiday schedule in the form as attached. For purposes of the hearing, Mother will be treated as the moving party. There will be no expert testimony and no custody evaluation or home studies in this matter. Counsel have indicated that they need one-half day of the court's time for their case. fp/3D/t:t: Date , AJd/a~1- Melissa Peel Greevy, Esquire Custody Conciliator :253830 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOHN J. BAKER, Plaintiff NO. 05-1209 CIVIL TERM v. LAURA KELLER, Defendant CIVIL ACTION -LAW IN CUSTODY STIPULATION CONFIRMING CUSTODY AND NOW, comes the Plaintiff and Defendant parties to the above-referenced custody action with a Stipulation Confirming Custody of which the following is a statement: 1. Plaintiff is John Baker, Father, who currently resides at 2141 Derry St, Harrisburg, PA 17104 2. Defendant is Laura Keller, Mother, who currently resides at 170 Shatto Drive, Carlisle, PA 17013. 3. Legal custody of the minor child, Maxwell Keller, born January 23, 2000, shall be shared by the parties. All major decisions relating to the child's health, education, residence, and general welfare will be made by both the Mother and Father on a joint basis with the child's best interest being the decisional standard. 4. Primary physical custody of the minor child shall be vested in the Mother subject to the liberal periods of partial physical custody to the Father on the following basis: a. Father shall have the minor child for two consecutive weekends, followed thereafter by one weekend of custody for Mother on a rotating basis. In addition to the foregoing, Mother shall have one additional Sunday of custody either of Father's consecutive weekends of Custody; b. On Wednesday evenings of each week, Father may have the child after school overnight to Thursday morning. If Father fails to pick up the minor child by 8:00 pm, Father forfeits this overnight period of custody; and c. In the event that Mother is not working on a weekend of Father's custody, the parties may agree that Mother can exchange that day for a day during the week in which she has custody. 5. Holiday time with the child shall be divided on the following basis: a. Mother shall have the child on New Year's Day, Easter, Mother's Day, Fourth of July, Trick or Treat Night, Thanksgiving, Christmas Eve, and Christmas Day; b. Father shall have the minor child on Father's Day, Memorial Day, Labor Day, the Friday following Thanksgiving, and a day in between the child's winter break; and c. Holiday time with minor child begins at 9:00 am and concludes at 9:00 pm. Should the minor child have school the day proceeding the Holiday, Holiday time begins at 9:00 am and concludes at 8:00 pm. 6. During the child's summer recess from school, custody of the child shall be divided on the following basis a. Father shall have custody of the minor child every other weekend; b. Father may elect to have the minor child on Monday and Wednesday for over night visitation. Father shall pick the minor child up by 8:00 pm. and return the child to Mother's custody by 8:15 am; and c. Each party shall be allowed two (2) non-consecutive weeks of vacation with the child during the summer; 7. The parties agree to conduct all discussions regarding the arrangements for the custody of the child directly between them and they shall not include the child or other parties. 8. The non-custodial parent at any given time shall have reasonable ongoing telephone contact with the child. 9. Each party shall have the right to receive directly from the child's school, copies of all report cards, notice of parent-teacher conferences and other information normally released to the custodial parent. The parties shall further have the right to receive any medical or dental records or reports normally released to the custodial parent. 10. Neither parent will undertake or permit the poisoning of the minor child's mind against the other parent by conversation, which explicitly or inferentially derides, ridicules, condemns, or in any other matter denigrates the other parent. 11. Neither party shall attempt or condone to attempt directly or indirectly by any artifice or subterfuge whatsoever, to estrange the child from the other parent, or to injure or impair the mutual love and affection of the child. At all other times, each parent shall encourage and foster in the child a sincere respect and affection for the other parent and shall not hamper the natural development of the child's love and respect for the other parent. 12. The parties may modify the schedule set forth above as they mutually agree in writing to be in the best interest of the child. 13. The parties agree to be flexible in accommodating reasonable requests of the other party for schedule changes. 14. The holiday schedule shall take priority over any other schedules for custody of the child. When a holiday schedule interferes with a regularly scheduled visit, no makeup time may be requested and both parties are required to alter their schedules. 15. Each party shall keep the other advised of a current address and telephone number. Both parties agree that the child will reside in the Commonwealth of Pennsylvania, unless the other party specifically agrees to the contrary or a Court rules to the contrary. 16. Guidelines for the parties: Both parties shall abide by the following guidelines: a. Provide the child with an emotional environment in which they are free to continue to love the other parent and to spend time with the other parent; b. Encourage a good feeling from the child about the other parent and his extended family; c. Encourage the other parent to remember the other parent on special occasions, allowing him to telephone on a reasonable basis, the time and length of the phone calls to be in accordance with the family rules; d. Communicate with the other parent openly and honestly, and regularly to avoid all misunderstandings; e. Plan together as parents rather than through the child; f. Plan and consult with the other parent in advance for time with the child; g. Do not take sides or take issue with the decisions or actions made by the other parent, especially in front of the child; h. Present a unified front on the handling of any problem; i. Refrain from fighting, arguing, or degrading the other parent in the presence of the child; j. Refrain from withholding time with the other parent as punishment to the child or to the other parent; k. Take a consistent and predictable role in the child's life; I. Use discretion as to the time and frequency of phone calls to the child; m. Except for emergencies, make changes in plans by mutual agreement with reasonable notice to the other parent; n. Should either parent be late for a pick up or drop off the minor child, the late parent shall phone leaving word as to the reason for lateness and give new time o. Be flexible in arranging dates and times with the child so plans do not interfere with important family events or prior planned activities of the parent; p. Time schedules with the child shall be adhered to whenever reasonably possible. The late parent should phone leaving the word as to the reason for his lateness and the estimated new time; q. Refrain from burdening the child with adult worries, e.g. financial, career, and social; and r. Behave discreetly with other people in the child's presence. 17. Each party acknowledges that they understand the ramifications of this Stipulation and voluntarily consent to this agreement. 18. The parties agree that this Stipulation shall be incorporated into an Order of Court and be enforceable as such. 19. The parties' evidence their consent to the above Stipulation by the signatures set forth below. \. .!~(WAL~ Laura Keller "' - f"''> -> () . , ~ ( r'.~ -n ., 0 , --. _J {.:." . , ,-, :1) 0' .< JOHN J. BAKER, Plaintiff v. LAURA KELLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 05-1209 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of October, 2005, upon consideration of the attached letter from Michael S. Travis, Esq., attorney for Plaintiff, and of the stipulation filed in the above matter, the hearing scheduled for October 17, 2005, is cancelled. ,Michael S. Travis, Esq. 3904 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff ~l Cacciamani, Esq. Suite 201 ~ 101 I Mumma Road Lemoyne, PA 17043-1145 Attorney for Defendant :rc BY THE COURT, Ii{ esley Oler, ., 9::; :2 'i J . , L ---------- MICHAEL. S. TRAVIS ATTOANE'I" AT LAW 3904 T~INOLE RO....o C::"'MI"'" 1111.1., ,...-. 17011 TELEF'HONE {711') "31-9~O~ F'AX (717) 7~1_.~1l October 14,2005 VIA FACSIMILE AND US MAIL The Honorable J. Wesley Oler, Jr. One Courthouse Square r.ATIi.~le, P A 17011 RE: John J. Baker v. Laura Kellt:r, Nu. 05-1209, In Cu:>tudy Dear Judge Oler: The parties in the above case have reached agreement for custody of Maxwell Keller. A copy of the StipUlation is attached. We woUld like to have it entered as an Order of Court, I am transmitting the agreement to the Prothonotary for filing. Kindly remOVt; this matter from your Monday, Octobc:r 17, 2005, calendar. Please contact my office or Mr. Cacciamani, should you have any questions or concerns. MST/dt pc: John Baker (w/enc1.) Paul Cacciamani, Esquire (w/enc1.) ;;O~ llLV SIAVlLL Jl: llgS 1~L L1L XVd L~:91 gO/tl/Ol IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION INRE: JOHN J. BAKER Plaintiff v. LAURA KELLER Defendant ) ) ) ) ) No. 05-1209 Civil Term ) Civil Action Law ) ) In Custody ORDER AND NOW, this '! \ s.1 day of 0 ~ t . , 2005, the Stipulation of the parties, John J. Baker, Plaintiff, and Laura Keller, Defendant, filed October 17,2005, regarding custody of Maxwell Keller, born January 23, 2000, is entered an and Order of this Court. ~ichael S. Travis, Esquire 3904 Trindle Road Camp Hill, PA 17011 .)Yaul A. Cacciamani, Esquire Cipriani & Werner Suite 201 1011 Mumma Road Lemoyne, PA 17043-1145 By the Court: "1 J ~ ~b? ,0 ~y V',NWI1ASNN3d lJ.NnO:"; If!':i?RINn:) L f :8 Wd I - AON S002 NNlONOHlOLid 31-U :10 3:)!:HO-G31Ij . MICHAEL S. TRAVIS ATTORNEY AT LAW 3904 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE (717) 731-9502 FAX (717) 731-9511 October 28, 2005 Honorable J. Wesley Oler, Jr. One Courthouse Square Carlisle, P A 17013 Re: John J. Baker v. Laura Keller, No. 05-1209, In Custody Order Approving Stipulation Dear Judge Oler: Enclosed please find a proposed Order entering the parties' Stipulation as an Order of Court. No proposed Order was attached to the Stipulation. The parties are requesting that the Stipulation be entered as an Order of the Court at this time. Please contact myself or Mr. Cacciamani should you have any questions or concerns. ~--? Very trulyy6urs, , 7' //~ViS Attorney for Plaintiff MST/dt pc: John Baker (w/encl.) Paul Cacciarnani, Esquire (w/encl.) f'""':" r\.. \ 'J. "