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Home My WebLink About05-5867 ~ PATRICIA A. BAUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION-LAW : CUSTODY MICHAEL R. BAUM, Defendant : NO. 05- SJ% '7 CIVIL TERM 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 prompt action. You are warned that if you fail to do so, you may lose rights of custody and visitation of your child. 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations avail 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. . PATRICIA A. BAUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : CUSTODY MICHAEL R. BAUM, Defendant : NO. 05- 5Y~, '1 CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Patricia A. Baum ("Mother"), by her attorneys, the Family Law Clinic, avers the following in support of her complaint for shared legal and partial physical custody: 1. Plaintiff is Patricia A. Baum (hereinafter "Mother"), who currently resides at 1278 Boiling Springs Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is Michael R. Baum (hereinafter "Father"), who currently resides at 1932 State Street, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff seeks shared legal and partial physical custody of the following child: Name Michael McVoy Present Residence 1932 State Street, Harrisburg, PA 17103 Age 15 The child was born out of wedlock. The child is presently in the custody of Michael Baum, who resides at 1932 State Street, Harrisburg, Dauphin County, P A 17103. During the past five years, the child has resided with the following persons and at the following addresses: Persons Michael Baum (father), Anna Fregm (father's girlfriend) Address 1932 State Street, Harrisburg, P A Dates June 2005 until Present Patricia Baum (mother), Marian Eberly (mother's sister), Don Eberly (mother's brother-in-law), Matthew Eberly (mother's nephew) 1278 Boiling Springs Road Boiling Springs, P A March 2003 until June 2005 . Patricia Baum (mother), Michael Baum (father) 5169 East Trindler Rd Mechanicsburg, P A January 1997 until March 2003 The mother of the child is Patricia A. Baum. She is married. The father of the child is Michael R. Baum. He is married. 4. The relationship of the defendant to the child is that off ather. The defendant resides with the following persons: Name Anna Fregm Michael McVoy Relationship Father's Girlfriend Son 5. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Marian Eberly Don Eberly Matthew Eberly Relationship Mother's Sister Mother's Brother-in-Law Mother's Nephew 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: . a. Plaintiff would like to continue to share in the upbringing, care, and support of the child; b. Plaintiff is prepared to provide the child with a stable home environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c. Plaintiff would like the child to have substantial contact with both his mother and father; d. Plaintiff is willing to accept custody of the child; e. Plaintiff continues to perform parental duties when the child is in her care and enjoys the love and affection of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody ofthe child have been named as parties to this action. WHEREFORE, plaintiff requests the court grant her shared legal custody and periods of partial physical custody of the child to be determined by the parties. Date ~ Respectfully submitted, i;{~ I Kathleen O'Connor Certified Legal Intern ~ 1?rrWfJ !~ ROBERT E. RAINS TOM PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LA W CLINIC 45 North Pitt Street . Carlisle, Pennsylvania 17013 (717) 243-3696 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Petition are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of IS Pa.C.S. g4904, relating to unsworn falsification to authorities. Dated: I ( II U /u ,5 ~~fL ":j;,,,,- Patricia A. Baum (JtZh~ \-\ () ~,' c:..~ 0 ':.',:;:l -n _.:_rl ':t\ c:") ;s 'TI ", , )s \1-; ,....' C) " I. . .-' _ ~ i ~ C'> " "; '-0 :---:! c.:"1 ~ ... - PATRICIA A. BAUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW CUSTODY MICHAEL R. BAUM, Defendant NO. 05- 5 gte 7 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Patricia A. Baum, Plaintiff, to proceed in forma pauperis. I, Kathleen O'Connor, of the Family Law Clinic, student attorney for the party proceeding in forma pauperis, certify that L believe the party is unable to pay the costs and that I am providing free legal service to the party. Date: ! (It /.;}OoS- I / l :-k~{; Qen O'Connor 1iJi"'"{{. . 1((~!fl4/ ROBERT E. RAINS TOM PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys Family LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-3696 C) ,..., ~ ';~; o ..< C",.,) (') -n ...... ifl:>) r .:~;~~. 'in .~:b ,.<;: -v (.1) ::.:'\ .r:~ - PATRICIA A. BAUM PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-5867 CIVIL ACTION LAW MICHAEL R. BAUM DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tu~sday, November 15,2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberlan<!Connty_~ourthouse, Carlisle on Thursday, December IS, 2005 at 9:30 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 penn anent 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:...!sl Tacqueline M. Verney, Esq:,~ 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 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 Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 t71! --- /~ ~j ~~:k %'~..~ ~pW :t#.l .;J?? 7./t'tI- 50 (j' II so,Lt'I/ pJ {I.JI ',':J \? .(' \.',\ .'."" I"~ ,v ""\(",01 l \ ~'\ ",' .. \; iJ \J .. ~ l" ,.. \ /,/ ,------- PATRICIA A. BAUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : CUSTODY MICHAEL R. BAUM, Defendant : NO. 05-5867 CIVIL TERM CERTIFICATE OF SERVICE I, Kathleen O'Connor, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the November 17,2005 Order of Court to appear for conciliation on Michael Baum, residing at 1932 State Street, Harrisburg, Pennsylvania, by depositing a copy of the Order of Court in the United States mail, c.ertified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Mr. Michael Baum on the 3rd day of December, 2005 as evidenced by the attached green card. This date is at least (l0) days before December 15, 2005, the scheduled date of conciliation. Dated: December 9, 2005 1i;/c . ')c; ., /:L'- Kathleen O'Connor Certified Legal In~~rn '-I I " " 'A'f, " 1. ,,' "'/V i/'i1'(i/.,,'-1,"WC ,-'/,-;;L/./ -~, ROBERTE. RAINS / THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pjtt Street Carlisle,PA 17013 (717) 243-2968 ~ SENDER '- JlvIPLE: TE THI:::. St:c Tn.Jf.. . 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: A Signature x f) r D. Is delivery address different em 1? If YES, enter FitIiVrry address below: Me urn Receipt Requested . ~ IYllrhl/!/ .b-'IL!/JL /9361 .sIal: uIr"r7/ J/an?5btl/i; /'/1 ~ /7/03 I ~, ',) 3. sa 0 Type Certified Mail o Registered o Insured Mail D~Mail ~um Receipt for Merchandise DC.C.D. 4. Restricted Delivery? (Extra Fee) Yos C') 2 . '. . 7005 0390 0003 2632 4945 PS Form 3811. February 2004 Domestic Return Receipt 102595-Q2-M.1540 i ; PATRICIA A. BAUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : CUSTODY MICHAEL R. BAUM, Defendant : NO. 05- ',:)[JCo"l CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 12-\"v'ctayof ~il(Cvvcbt(, 2005, between Ms. Patricia Baum, hereinafter Mother, and Mr. Michael Baum, hereinafter Father, concerns the custody of their child: Michael McVoy, born June 20,1990, hereinafter "the child." Mother and F ather desire to enter into an agreement as to the custody ofthe child. Mother 'and Father agree to the following: 1. Mother and Father shall share legal custody of the child. 2. Father shall have primary physical custody of the child. 3. Mother shall have periods of partial physical custody of the child to be decided by the parties. 4. Mother and Father will agree upon drop-off and pick-up times and locations. 5. Mother and Father will agree upon which holidays the child will spend with each parent. 6. Mother and Father will notify each other of all medical care the child receives while in that parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. . .' .~ 7. Neither parent will do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 8. Father acknowledges that the Family Law Clinic represents only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice oflegal counsel. 9. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. f~~ Patricia Baum, Plaintiff ji7n,.J.~.Ll 0 Q.lM1,\ Michael Baum, Defendant /<~({~ j Kathleen O'Connor -' Certified Legal Intern Counsel for Plaintiff -....----?' fiiff r:3~~ ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PAl 70 13 Phone (717)243-2968 Fax (717)243-3639 Counsel for Plaintiff ,- . ..-: '~ r:;' \'-,:' -.-' .'. ;-.1 '", , , -' ... ?t- -1.. PATRICIA A. BAUM, Plaintiff DEe 1 ,1 1005 : IN THE COURT OF COMMON PLEAS OF /If! : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : CUSTODY MICHAEL R. BAUM, Defendant : NO. 05-5867 CIVIL TERM And now, this ORDER OF COURT /5 fIo1 day of ~ 2005, the attached Agreement is approved and entered as an Order of the Court. r>+ ~J. -.,-- "-. PATRICIA A. BAUM, Plaintiff DEe 1 6 Z005 : IN THE COURT OF COMMON PLEAS OF I'~ : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2002-S6~! CIVIL ACTION - LAW uS".5i5&1 MICHAEL R. BAUM, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 16th day of December, 2005, the Conciliator being notified that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, '-#-' ..,~ qt, '. i\'~. iJ 0'-v1A " c. vlacqttl1ine M. Verney, Esquire, Custod,~ Conciliator 6" ~E \..^ n uJoo,' 0':, ---s ..:I-- l"_ :-'-~~ ()C.:', Or. U-\ 0_ ~\.\J U--r'~ ~ ~ - C"J - - ..- :;;;: c::> N '-' u..l c::> u"> co ~ .,--------