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HomeMy WebLinkAbout05-5780THOMAS B. RIEL, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA KRISTEN BALDWIN, Defendant NO. 2005- SM CIVIL TERM CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff Thomas B. Riel, by his attorneys, Snelbaker, & Brenneman, P. C., and avers the following: 1. Plaintiff is Thomas B. Riel, who resides at 910 Nixon Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant is Kristen Baldwin, who resides at 69 R Autumn Lane, Enola, Pennsylvania 17025. 3. Plaintiff seeks a custody of the following minor child: NAME PRESENT RESIDENCE AGE Julian R. Baldwin 69 R Autumn Lane, Enola 2 (D.O.B. 8/13/03) Pennsylvania The child named above was born out of wedlock. The child named above is presently in the custody of the Defendant who resides at the identified in Paragraph 2, above. 4. During the last five (5) years, the child subject to this custody action has resided with following persons at the following addresses: PERSONS Defendant Kristen Baldwin ADDRESS 69 R Autumn Lane Enola, Pennsylvania DATES From birth (8/13/03) to present LAW OFFICES SNELBAKER & BRENNEMAN, P.C. The mother of the child is Defendant Kristen Baldwin who currently resides at the address indicated in Paragraph 2, above. She is single. The father of the child is Plaintiff Thomas B. Riel who currently resides at the address indicated in Paragraph 1, above. He is single. 5. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Gerald Riel Mother and Father Elaine Riel 6. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Unknown. 7. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the parties' child in this or any other court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting Plaintiff partial physical custody of Julian R. Baldwin since it will ensure contact and communication between Plaintiff and his son and foster his son's growth and development and provide a stable environment for Julian R. Baldwin. LAW OFFICES SNELEAKER & BRENNEMAN, F.C. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons named below who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff Thomas B. Riel requests this Court to grant Plaintiff partial physical custody of Julian R. Baldwin. SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Thomas B. Riel November 2, 2005 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Thomas B. Riet Date: 2-10r LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Complaint to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Kristen Baldwin 69 R Autumn Lane Enola, PA 17093 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Thomas B. Riel Date: November 7, 2005 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 1 e`er '&!: ? ? ?? mac, r,> ell v THOMAS B. RIEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-5780 CIVIL ACTION LAW KRISTEN BALDWIN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, November 15, 2005 , 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 MDJ Manlove's, 1901 State St.. Camp Hill, PA 17011 on Monday, December 19, 2005 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Melissa P. Greg 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 schedulec 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 .0000 fZ? , ? n, k :? 08 '; '011 ,NZ 0 THOMAS B. RIEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-5780 CIVIL TERM KRISTEN BALDWIN, : IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Kristin Baldwin, in the above captioned case. Respectfully submitted, J sica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: I1 a4o7 THOMAS B. KIEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-5780 CIVIL TERM KRISTEN BALDWIN, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Kristin Baldwin, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Keith O. Brenneman, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 Date: 11 a ?? VOL 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Jes 'ca olst, Esquire dPenn Legal Services R} ?^? ,,' .J l_. `?i w} f'i ?I J-f `:? ~ THOMAS B. RIEL, Plaintiff 0 DEC 2 8 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 05-5780 CIVIL TERM V. KRISTEN BALDWIN, CIVIL ACTION - LAW IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this i? day of 2006, upon consideration of the attached Custody Conciliation Summa Report, it hereby ordered and directed as follows: 1. Legal Custody. The parties, Thomas B. Riel and Kristen Baldwin, shall have shared legal custody of the minor child, Julian R. Baldwin, born August 13, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of liberal partial custody which shall be arranged as follows: A. Commencing January 6, 2006, on alternating weekends from Friday at 5:30 p.m. until Sunday at 6:30 p.m. B. Commencing January 15, 2006, on alternating Sunday mornings from 9:00 a.m. to 1:30 p.m. However, upon one week notice from Mother to Father, Mother has the option of having a full custodial weekend one time per month. Father shall be responsible for all transportation incident to these custodial exchanges. 3. Vacation. Each parent shall be entitled to three (3) non-consecutive weeks of uninterrupted custody each summer. For purposes of this paragraph, a week shall be defined as seven (7) continuous days of custody and the vacationing parent's custodial weekend. The parties will provide each other with notice of their intended vacation plans by April 15' of each year. Prior to departure, the traveling parent will provide information regarding the destination and the telephone number where they can be reached during the NO. 05-5780 CIVIL TERM time they are vacationing with the child. When the child has attained the age of six (6) years, the vacationing parent may have up to two (2) weeks of the three (3) run consecutively. Until that time, the parents shall have the option of taking up to one week each in the months of June, July, and August. 4. Holidays. The following holiday schedule shall supercede the regular schedule. A. Christmas. For Christmas 2005, Father shall have custody from December 23 a30 p.m. until December 25th at Noon. Thereafter, Christmas shall be divided into two setRments, Segment A and Serent B. Segment A shall be from December 24 at Noon until December 25 at 2:00 p.m. Segment B shall be from December 25th at 2:00 p.m. until December 26th at 6:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. B. Easter. Each year Father will have custody for Easter from 9:00 a.m. to 2:00 p.m. C. Child's Birthday. The parties shall make arrangements for the child to spend time with each of them on the child's birthday. D. Mother's Day and Father's Day. Mother shall have custody of the child for Mother's Day from 6:30 p.m. on the Saturday preceding the holiday until 6:30 p.m. of the holiday. Father shall have custody for Father's Day from 6:30 p.m. on the Saturday preceding Father's Day until 6:30 p.m. Sunday. E. Thanksgiving. Thanksgiving shall be divided into two segments, Segment A and Segment B. Segment A shall be from 9:00 a.m. to 2:00 p.m. Segment B shall be from 2:00 p.m. until 9:00 p.m. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd- numbered years, Mother shall have Segment A and Father shall have Segment B. F. New Year's Dav Memorial Dav Independence Day and Labor Day. In even numbered years, Father shall have custody for New Year's Day and Independence and Mother shall have custody for Memorial Day and Labor Day. In odd numbered years, Father shall have custody for Memorial Day and NO. 05-5780 CIVIL TERM Labor Day and Mother shall have custody for New Year's Day and Independence Day. The custodial period for New Year's Day, Memorial Day and Labor Day shall be from 6:30 p.m. preceding the holiday until 6:30 p.m. the day of the holiday. For Independence Day, the custodial period shall run from 6:30 p.m. on July 3'd until 9:00 a.m. on July 5th. 5. Transportation. Except as otherwise provided in Paragraph 2.6. above transportation shall be provided by the parent relinquishing custody. For example, Mother shall provide the transportation to Father on the Friday evenings that begin his custodial weekend and Father shall provide transportation to the Mother at the conclusion of his custodial weekend. BY THE COURT: Dist: Assica Hoist, Esquire, 401 E. Louther Street, Suite 103, Carlisle, PA 17013 ,Xeith O. Brenneman, Esquire, 44 West Main Street, Mechanicsburg, PA 17055-0318 1 oa,0 o` ,i ? ^•?"? ? i? ?, ? ? Jai ?? '?? ??' J THOMAS B. RIEL, Plaintiff V. KRISTEN BALDWIN, Defendant DEC 2 8 2005 IN THE COURT OF COMMON PLEAS 0 CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5780 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 Julian R. Baldwin August 13, 2003 Mother 2. A Custody Conciliation Conference was scheduled for December 19, 2005. Attending the conference were: the Father, Thomas B. Riel, and his counsel, Keith 0. Brenneman, Esquire; the Mother, Kristen Baldwin, and her counsel, Jessica Holst, Esquire. 3. The parties reached an agreement in the form of an Order as attached. 4. The Conciliator notes that considerable tension and distrust exists between the parties, who had not planned to be parents together. The parties acknowledged that communication is difficult, when it even exists at all. Accordingly, the Conciliator has strongly recommended that the parties participate in therapeutic family counseling in order to develop the skills necessary for them to work cooperatively as parents, focusing on the best interests of young Julian. It is essential that they focus on correcting the circumstances rather than placing blame and finding fault as their hostility will soon become apparent to this child and will no doubt pose significant risk to his long term emotional well-being. Date( a e issa Peel Greevy, Esquir Custody Conciliator :265401 IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER Petitioner Thomas B. Riel, by his attorneys, Snelbaker & Brenneman, P. C., submits this B. RIEL, V. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5780 CIVIL TERM CIVIL ACTION - LAW TEN BALDWIN, Defendant l Petition as follows: 1. Thomas B. Riel, Petitioner herein, is an adult individual residing at 910 Nixon Drive, Mechanicsburg, Pennsylvania 17055. 2. Respondent Kristen Baldwin is an adult individual residing at 239 North Street. Apartment 3, Harrisburg, Pennsylvania 17101. 3. The parties hereto are the natural parents of Julian R. Baldwin, age 4, born August 13, 12003. 4. The parties have shared legal custody of their son, Julian, pursuant to an Order of Court dated January 4, 2006, which Order is attached hereto and incorporated by reference herein as "Exhibit A". 5. The Order of Court should be modified to secure additional periods of physical custody of the parties' son, Julian, in Petitioner Thomas B. Riel. 6. Since March 2007, Petitioner has enjoyed, and his son has benefited from, extensive LAW OFFICES SNELSAKER & BRENNEMAN, P.C. additional periods of physical custody, which physical custody has regularly consisted of at least two or more overnight periods of custody of Julian by Petitioner on a weekly basis, which additional periods of custody are in addition to those periods of physical custody provided to Petitioner as noted in the Order of January 4, 2006. 7. The parties' son has enjoyed significant periods of custody with Petitioner for six months. However, since Respondent's work schedule has changed, she has denied Petitioner additional periods of custody which the parties' son has benefited and previously enjoyed. 8. It is in the best interest of the parties' child that the Custody Order described above be modified to provide Petitioner with at least two additional overnight periods of physical custody of his son, Julian, each week. WHEREFORE, Petitioner requests this Court to issue an Order granting Petitioner additional periods of physical custody as described above. SNELBAKER & BRENNEMAN, P. C. BY: 1 Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petitioner Thomas B. Riel Date: October 12, 2007 LAW OFFICES II SNELBAKER 8C -'1- BRENNEMAN, P.C. L VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. Date: / () \-q- I-- Thomas B. Riel LAW OFFICES SNELBAKER & BRENNEMAN, P.C. DEC 2 8 2005 THOMAS B. RIEL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. KRISTEN BALDWIN, Defendant NO. 05-5780 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this _ day of qJffJ_J J/ , 2006, upon consideration of the attached Custody Conciliation Summary Report, its hereby ordered and directed as follows: 1. Legal Custody. The parties, Thomas B. Riel and Kristen Baldwin, shall have shared legal custody of the minor child, Julian R. Baldwin, born August 13, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of liberal partial custody which shall be arranged as follows: A. Commencing January 6, 2006, on alternating weekends from Friday at 5:30 p.m. until Sunday at 6:30 p.m. B. Commencing January 15, 2006, on alternating Sunday mornings from 9:00 a.m. to 1:30 p.m. However, upon one week notice from Mother to Father, Mother has the option of having a full custodial weekend one time per month. Father shall be responsible for all transportation incident to these custodial exchanges. 3. Vacation. Each parent shall be entitled to three (3) non-consecutive weeks of uninterrupted custody each summer. For purposes of this paragraph, a week shall be defined as seven (7) continuous days of custody and the vacationing parent's custodial weekend. The parties will provide each other with notice of their intended vacation plans by April 1St of each year. Prior to departure, the traveling parent will provide information regarding the destination and the telephone number where they can be reached during the EXHIBIT A NO. 05-5780 CIVIL TERM time they are vacationing with the child. When the child has attained the age of six (6) years, the vacationing parent may have up to two (2) weeks of the three (3) run consecutively. Until that time, the parents shall have the option of taking up to one week each in the months of June, July, and August. 4. Holidays. The following holiday schedule shall supercede the regular schedule. A. Christmas. For Christmas 2005, Father shall have custody from December 23rd at 5:30 p.m. until December 25th at Noon. Thereafter, Christmas shall be divided into two setRments, Segment A and Seghment B. Segment A shall be from December 24 at Noon until December 25 at 2:00 p.m. Segment B shall be from December 25th at 2:00 p.m. until December 26th at 6:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. B. Easter. Each year Father will have custody for Easter from 9:00 a.m. to 2:00 p.m. C. Child's Birthday. The parties shall make arrangements for the child to spend time with each of them on the child's birthday. D. Mother's Day and Father's Day. Mother shall have custody of the child for Mother's Day from 6:30 p.m. on the Saturday preceding the holiday until 6:30 p.m. of the holiday. Father shall have custody for Father's Day from 6:30 p.m. on the Saturday preceding Father's Day until 6:30 p.m. Sunday. E. Thanksgiving. Thanksgiving shall be divided into two segments, Segment A and Segment B. Segment A shall be from 9:00 a.m. to 2:00 p.m. Segment B shall be from 2:00 p.m. until 9:00 p.m. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd- numbered years, Mother shall have Segment A and Father shall have Segment B. F. New Year's Day Memorial Day, Independence Day and Labor pay. In even numbered years, Father shall have custody for New Year's Day and Independence and Mother shall have custody for Memorial Day and Labor Day. In odd numbered years, Father shall have custody for Memorial Day and NO. 05-5780 CIVIL TERM Labor Day and Mother shall have custody for New Year's Day and Independence Day. The custodial period for New Year's Day, Memorial Day and Labor Day shall be from 6:30 p.m. preceding the holiday until 6:30 p.m. the day of the holiday. For Independence Day, the custodial period shall run from 6:30 p.m. on July 3rd until 9:00 a.m. on July 51h. 5. Transportation. Except as otherwise provided in Paragraph 2.13. above transportation shall be provided by the parent relinquishing custody. For example, Mother shall provide the transportation to Father on the Friday evenings that begin his custodial weekend and Father shall provide transportation to the Mother at the conclusion of his custodial weekend. BY THE COURT: J. Dist: Jessica Hoist, Esquire, 401 E. Louther Street, Suite 103, Carlisle, PA 17013 Keith O. Brenneman, Esquire, 44 West Main Street, Mechanicsburg, PA 17055-0318 4 ` Q -jov hand., Trotllono? W ?ry CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, I caused a true and correct copy of the foregoing Petition served upon the persons and in the I manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Jessica Holst, Esquire 401 E. Louther Street Suite 103 Carlisle, PA 17013 Kristen Baldwin 239 North Street Apartment 3 Harrisburg, PA 17101 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petitioner Thomas B. Riel Date: October 15, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. c ? '° r ? THOMAS B. RIEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-5780 CIVIL ACTION LAW KRISTEN BALDWIN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, October 18, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, November 07, 2007 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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, By: /s/ , john j. Mangan, Jr„ Esq. i,el Custody Conciliator F 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 Irv* ?vt 4 THOMAS B. RIEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 05-5780 CIVIL TERM V. CIVIL ACTION -LAW KRISTEN BALDWIN, IN CUSTODY Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Kristen Baldwin, in the above-captioned matter. LAW OFFICE OF JOHN M. KERR, ESQUIRE a,' yo, 4 ?/ John M. Kerr, Esquire Attorney I.D.#26414 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 (717) 766-4008 Attorney for Defendant, Kristen Baldwin Date: October 29, 2007 5 THOMAS B. RIEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-5780 CIVIL TERM V. CIVIL ACTION - LAW KRISTEN BALDWIN, IN CUSTODY Defendant CERTIFICATE OF SERVICE The undersigned hereby states that he has served a copy of the foregoing, "Entry of Appearance," on the below-named individual in the manner indicated: First Class Mail. Postage Prepaid Keith 0. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 W. Main Street Mechanicsburg, PA 17055 LAW OFFICE OF JOHN M. KERR, ESQUIRE 91 vim, John M. Kerr, Esquire Attorney I.D.#26414 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 (717) 766-4008 Attorney for Defendant, Kristen Baldwin Dated: October 29, 2007 C3 r-1-1 CJ 7 X 9i. t.J r NO V 132007, rU THOMAS B. RIEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 05-5780 CIVIL ACTION LAW KRISTEN BALDWIN, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. ORDER OF COURT AND NOW this ? day of November, 2007, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order of Court dated January 4, 2006 is HEREBY VACATED. 2. Legal Custody: The Father, Thomas B. Riel, and the Mother, Kristen Baldwin, shall have shared legal custody of Julian R. Baldwin, born 8/13/2003. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody subject to Father's rights of liberal partial custody which shall be arranged as follows: a. Commencing November 9, 2007, on alternating weekends from Friday at 5:30 pm until Monday morning whereby Father shall make arrangements to transport Julian to school/day care. b. Commencing November 18, 2007, on alternating Sunday evenings from 5:30 pm until Tuesday morning whereby Father shall make arrangements to transport Julian to school/day care. 4. Vacation: Each parent shall be entitled to three (3) non-consecutive weeks of uninterrupted custody each summer. For purposes of this paragraph, a week shall be defined as seven (7) continuous days of custody and the vacationing parent's custodial weekend. The parties will provide each other with notice of their intended vacation plans by April I" of each year. Prior to departure, the traveling parent will provide information regarding the destination and the telephone number where they can be reached during the time they are vacationing with the Child. When the Child has attained the age of six (6) years, the vacationing parent may have up to two (2) weeks of the three (3) weeks run consecutively. Until that time, the parents shall have the option of taking up to one week each in the months of June, July and August. v? 5. Holidays: The following holiday schedule shall supercede the regular schedule. a. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24t` at noon until December 25th at 2:00 pm. Segment B shall be from December 25'h at 2:00 pm until December 26w at 6:00 pm. In even numbered years, Mother shall have Segment A and Father shall have Segment B. In odd numbered years, Father shall have Segment A and Mother shall have Segment B. b. Easter: Each year, Father will have custody for Easter from 9:00 am to 2:00 pm. c. Child's Birthday: The parties shall make arrangements for the Child to spend time with each of them on the Child's Birthday. d. Mother's Day and Father's Day: Mother shall have custody of the Child for Mother's Day from 6:30 pm on the Saturday preceding the holiday until 6:30 pm of the holiday. Father shall have custody of the Child for Father's Day from 6:30 pm on the Saturday preceding the holiday until 6:30 pm of the holiday. e. Thanksgiving: Thanksgiving shall be divided into two Segments, Segment A and Segment B. Segment A shall be from 9:00 am to 2:00 pm and Segment B shall be from 2:00 pm until 9:00 pm. In even numbered years, Father shall have Segment A and Mother shall have Segment B. In odd numbered years, Mother shall have Segment A and Father shall have Segment B. f. New Year's Day, Memorial Day, Independence Day and Labor Day. In even numbered years, Father shall have custody for New Year's Day and Independence Day and Mother shall have custody for Memorial Day and Labor Day. In odd numbered years, Mother shall have custody for New Year's Day and Independence Day and Father shall have custody for Memorial Day and Labor Day. The custodial period for New Year's Day, Memorial Day and Labor Day shall be from 6:30 pm preceding the holiday until 6:30 pm the day of the holiday. For Independence Day, the custodial period shall run from 6:30 pm on July 3rd until 9:00 am on July 5t'. 6. Transportation: Transportation of Julian shall be provided by the parent relinquishing custody. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. A status update conference is tentatively scheduled for January 10, 2008 at 9:00 am at the Cumberland County Court of Common Pleas. The parties are directed to contact the assigned Conciliator to request a telephonic conference or to cancel/ reschedule the scheduled conference as necessary. By the Court, 9 Q ?£ old ? i ?,ON tOpZ 1 JO Distribution: Keith Brenneman, Esq. John Kerr, Esq. John J. Mangan, Esq. THOMAS B. RIEL, Plaintiff V. KRISTEN BALDWIN, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-5780 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Julian R. Baldwin 8/13/2003 Primary-Mother 2. A Conciliation Conference was held with regard to this matter on November 7, 2007 with the following individuals in attendance: The Mother, Kristen Baldwin, John Kerr, Esquire The Father, Thomas B. Riel, with his counsel, Keith Brenneman, Esquire 3. The parties agreed to the entry of an Order in the form as attached. 1?/Z1C,.' 7 Date John . M W, Esquire Cust y nciliator 5 FEB 2 3 200 THOMAS B. RIEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 05-5780 CIVIL ACTION LAW KRISTEN BALDWIN, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. ORDER OF COURT th AND NOW this It\ day of February 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Thomas B. Riel, and the Mother, Kristen Baldwin, shall have shared legal custody of Julian R. Baldwin, born 8/13/2003. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall share physical custody pursuant to the following repeating two week schedule: a. In week one, commencing January 18, 2008, Father shall have physical custody from Friday until Monday morning. Mother shall then have physical custody from Monday until Wednesday morning. Father shall then have physical custody from Wednesday until Friday morning. b. In week two, Mother shall have physical custody from Friday until Monday morning. Father shall then have physical custody from Monday until Wednesday morning. Mother shall then have physical custody from Wednesday until Friday morning. 4. Vacation: Each parent shall be entitled to three (3) non-consecutive weeks of uninterrupted custody each summer. For purposes of this paragraph, a week shall be defined as seven (7) continuous days of custody and the vacationing parent's custodial weekend. The parties will provide each other with notice of their intended vacation plans by April 1St of each year. Prior to departure, the traveling parent will provide information regarding the destination and the telephone number where they can be reached during the time they are vacationing with the Child. When the Child has attained the age of six (6) years, the vacationing parent may have up to two (2) weeks of the three (3) weeks run consecutively. Until that time, the parents shall have the option of taking up to one week each in the months of June, July and August. 0 5. Holidays: The following holiday schedule shall supercede the regular schedule. a. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24?" at noon until December 25'" at 2:00 pm. Segment B shall be from December 25 h at 2:00 pm until December 26 h at 6:00 pm. In even numbered years, Mother shall have Segment A and Father shall have Segment B. In odd numbered years, Father shall have Segment A and Mother shall have Segment B. b. Easter: Each year, Father will have custody for Easter from 9:00 am to 2:00 pm. c. Child's Birthday: The parties shall make arrangements for the Child to spend time with each of them on the Child's Birthday. d. Mother's Day and Father's Day: Mother shall have custody of the Child for Mother's Day from 6:30 pm on the Saturday preceding the holiday until 6:30 pm of the holiday. Father shall have custody of the Child for Father's Day from 6:30 pm on the Saturday preceding the holiday until 6:30 pm of the holiday. e. Thanksgiving: Thanksgiving shall be divided into two Segments, Segment A and Segment B. Segment A shall be from 9:00 am to 2:00 pm and Segment B shall be from 2:00 pm until 9:00 pm. In even numbered years, Father shall have Segment A and Mother shall have Segment B. In odd numbered years, Mother shall have Segment A and Father shall have Segment B. f. New Year's Day, Memorial Day, Independence Day and Labor Day. In even numbered years, Father shall have custody for New Year's Day and Independence Day and Mother shall have custody for Memorial Day and Labor Day. In odd numbered years, Mother shall have custody for New Year's Day and Independence Day and Father shall have custody for Memorial Day and Labor Day. The custodial period for New Year's Day, Memorial Day and Labor Day shall be from 6:30 pm preceding the holiday until 6:30 pm the day of the holiday. For Independence Day, the custodial period shall run from 6:30 pm on July P until 9:00 am on July 5t'. 6. Transportation: Transportation of Julian shall be provided by the parent relinquishing custody. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, AiN Y l? I 1 '9 N IV V U.J1600L al IIJ stribution: rth Brenneman, Esq. Join Kerr, Esq. ./-john J. Mangan, Esq. 12T FE mitts-c". "Arlo? t:?q THOMAS B. RIEL, Plaintiff V. KRISTEN BALDWIN, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-5780 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCELIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currents in the Custody of Julian R. Baldwin 8113/2003 Primary-Mother 2. A Conciliation Conference was held with regard to this matter on November 7, 2007, an Order issued November 13, 2007 and a telephonic conference was held on January 16, 2008 with the following individuals in attendance: The Mother, Kristen Baldwin, with her counsel, John Kerr, Esquire The Father, Thomas B. Riel, with his counsel, Keith Brenneman, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Z AL//C7 Date Jo g , Esquire C ody onciliator