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* az o~ 6-r : IN THE COURT OF COMMON PLEAS OF
W. B...("~'I Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V :CIVIL ACTION - LAW
.
.
* L,' 'i."" :NO. ')~""-/~'i '3 CIVIL 19
O. /&..~ Defendant : CUSTODY /VIS:f.TATION
"
ORDER OF COURT
AND NOW, this Mtcf~);e11, 1't'iJ- , upon consideration of the
attached complaint, it is hereby directed that the pa~ties and
their respective counsel appear before (1,0.",...,,1 I. fl"Jr~ ~&:,
the conci).iator, at ( - (\. "S)' L ",,0:- (;'
on the 11t'i-- day of "'. , 9 c;.S-, at :::J .P/h
H., for a prehearing Custo y 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 temporazy order. Either
party may bring the child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatozy. Failure to appear at the conference may provide
grounds for entzy of a temporary or permanent order.
,
FOR THE COURT:
By:
i9.(';71'
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.
OFFICE OF THE COURT ADMINISTRA'l'OR
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717)240-6200
Roger W. Baney,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NO. 7S' /313 (?~
Lisa o. Baney,
Defendant
CIVIL ACTION - VISITATION
ORDER OF COURT
You, Lisa o. Baney, Defendant, have been sued in court to
obtain visitation of the child: Rachel Elizabeth Baney.
You are ordered to appear in person at
, on
, at
, _.M., for a
If you fail to appear as provided by this order, an order
for visitation may be entered against you or the court may issue
a warrant for your arrest.
YOU SHOULD TAKE '!'HIS 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.
Dauphin County Lawyer Referral Service
213 North Front Street
Harrisburg, PA 17101
232-7536
BY THE COURT:
J.
M!YIIlI.1lUfOIl
..0 NORTH SECONO STREET . POBOX l0ll2 . HARRISBURG. PA, mOB
1711123&-9(28 . FAX 17171238-2817
Roqer W. Baney,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NO.
Lisa o. Baney,
Defendant
CIVIL ACTION - VISITATION
COMPLAINT FOR CUSTODY/VISITATION
1. The Plaintiff is Roqer W. Baney, residinq at 139
Franklin Street, Dallas, Pennsylvania.
2. The Defendant is Lisa o. Baney, residinq at 820
Allenview Drive, Mechanicsburq, Pennsylvania.
3. Plaintiff seeks visitation of the followinq child:
Rachel Elizabeth Baney, residinq at 820 Allenview Drive,
Mechanicsburq, Pennsylvania. Rachel is currently eiqht years
old. Her date of birth is September 18, 1986.
The child was not born out of wedlock.
The child is presently in the custody of Lisa o. Baney, who
resides at 820 Allenview Drive, Mechanicsburq, Pennsylvania.
Durinq the past five years, the child has resided with the
followinq persons and at the followinq addresses: with the
Mother/Defendant, at 820 Allenview Drive, Mechanicsburq,
Pennsylvania.
The mother of the child is Lisa o. Baney, currently residinq
at 820 Allenview Drive, Mechanicsburq, Pennsylvania. She is
divorced from the father.
The father of the child is Roqer W. Baney, currently
residinq at 139 Franklin street, Dallas, Pennsylvania. He is
MlYlIIS. otlfOll
"0 NORTH SECONO STREET . POBOX 1002 . HARRISBURG, PA,17100
171712Je.9021 . FAX 171712311-2817
divorced from the mother, and is currently remarried.
4. The relationship of Plaintiff to the child is that of
"father". The Plaintiff currently resides with the following
persons: His wife and son.
5. The relationship of Defendant to the child is that of
"mother". The Defendant currently resides with the following
persons: Her fiancee'
6. Plaintiff and Defendant have previously entered an
Agreement for Visitation pursuant to their Divorce and Property
Settlement Agreement, docketed at No. 356 Civil 1988. Plaintiff
has filed the within Complaint for Custody/Visitation to modify
the parties' prior agreement.
Plaintiff has no information of a custody proceeding
concerning the child pending in a court of this Commonwealth.
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 it is in
the child's best interest to spend more time with her father, so
that they may continue to build a loving and nurturing
relationship.
Plaintiff requests joint legal custody of the child.
The Plaintiff requests that the visitation he has been
afforded, through the parties agreement, be expanded as follows:
The first full weekend, and third full weekend per month from
MIYlIlS. Dlll'OII
410 NORTH SECOND STREET . POBOX 1082 . HARRISBURG, PA. 17108
11111238-942B . FAX 1111) 238-2811
Friday at 6:00 p.m. until Sunday at 6:00 p.m. Expanded holiday
visitation includinq Christmas visitation. Expanded summer
vacation visitation.
s. Each parent whose parental riqhts to the child have no
been terminated and the person who has physical custody of the
child have been named as parties to this action.
WHEREFORE, Plaintiff, Roqer W. Baney, requests the Honorable
Court to qrant him expanded periods of visitation with the child.
Respectfully submitted,
MEYERS & DES FOR
Mln....D1I_
"ONORTH SECOND STREET . PO BOXl0ll2 . HARRISBURG, PA,17108
11171230-902B . FAX 11111 23&-2B17
*
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
~o,,~ l,;. p,.,'1C1 Plaintiff
V
.
. .
: CIVIL ACTION - LAr'l
~NO. e6;:',.~'i 2, CIVIL 19
:CUSTODY!VISITATION
*
L"s~ (). ~IlP,/ Defendant
ORDER OF COURT
1+,(; I ~~ I(III(
AND NOW, this 'ldater' . , upon consideration of the
attached complaint, it is hereby directed that the partiep and_
their respective counsel appear before R,"-...1.>n S - S....."r-l......., ts'ot'"
the concic2.iafor, at '6 "L tv, f\'!c..,n .c:;( ,.....I-"j('&'"'~ '
on the . 0 'r. day of (V)'" f ' 19 Cf5 , at <t)..;u R-fV7
M., for a prehearing Custod 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 ~y the court, and to enter into a temporary order. Either
party may bring the child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatory. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
FOR THE COURT:
O'UA11j~ ~Lmltd ~
Custody Conciliat&r ~
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.
By:
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717)240-6200
lip )'
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ROOER W. BAN~, . IN THE CXXlRT OF CCXoIMON PLEAS OF
.
Plaintiff : CUMBERLAND CUJNTY, PEWlSYLVANIA
vs. . NO. 95-1393 CIVIL TERM
.
.
.
LISA O. BAN~, . CIVIL ACTION
.
Defendant . IN cusroOy
.
amm CII!' CXXlRT
AND toi, this l"'l.. day of )U~ , 1995, upon consideration of
the attached CUstody Conciliation Report, it is hereby ordered and directed
as follows:
1. The Father, Roger W. Baney, and the Mother, Lisa o. Baney, shall
have shared legal custody of Rachel Elizabeth Baney, born SepteJTber 18,
1986.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall enjoy partial physical custody of the Child on the
weekends following the second and fourth Frldays of every month from 7: 30
p.m. on Friday until 6:00 p.m. on Sunday with the exception of the months of
May and June. During the months of May and June in every year, the Father
shall have partial physical custody of the Child on the weekends following
the third and fourth Fridays of each month for the purpose of enabling the
Mother to have physical custody of the Child on every Mother's Day and the
Father to have physical custody of the Child on every Father's Day.
4. The Father shall provide seven days advance notice to the Mother if
he is unable to exercise his right to partial physical custody on any
designated weekend.
5. The Father shall enjoy physical custody of the Child for a period
of one week in June (Friday to Friday) and one week in July (Friday to
Friday) at times and dates to be arranged by mutual agreement of the
parties. The parties contemplate that the Father shall have additional
periods of expanded physical custody of the Child during the summer vacation
of 1996 and in subsequent years. Taking into consideration the Child's
experience with the two weeks of partial custody during the summer 1995, the
parties shall attempt to reach an agreement, which will best serve the
interests of the Child, for expanded periods of partial custody during
subsequent summer vacations. If the parties are unable to reach an
agreement, either party may schedule a second Conference before the CUstody
Conciliator.
6. The parties shall share physical custody of the Child during
holidays in accordance with the following schedule:
-.
A. The k'ather shall enjoy physical custody of the Child during the
Thanksgiving holiday from Thanksgiving Day at 10:00 a.m. until
the Sunday following Thanksgiving at 6:00 p.m. in odd numbered
years. The Mother shall have physical custody of the Child
over the Thanksgiving holiday in even numbered years.
B. The Mother shall have physical custody of the Child on
Christmas Day from 11:00 a.m. until 5:00 p.m. in odd numbered
years and the Father shall have physical custody of the Child
on Christmas Day from 11:00 a.m. until 5:00 p.m. in even
numbered years.
C. The Father shall have physical custody of the Child on Memorial
Day and Labor Day in every year at times to be arranged by
mutual agreement of the parties.
D. The Mother shall have physical custody of the Child on New
Years Day and the Fourth of July in every year at times to be
arranged by mutual agreement of the parties.
7. Transportation for all periods of partial custody shall be shared
by the parties and the place for exchange of custody shall be a location
near the pine Grove Exit on Route 81 as designated by mutual agreement of
the parties.
8. This Order is entered pursuant to an agreement reached by the
parties at a CUstody Conciliation Conference and reflects the parties'
intent to modify the CUstody provisions of a Settlement Agreement between
the parti<.!s dated May 26, 1988.
9. The parties may modify the custody arrangements set forth in this
Order by mutual agreement. In the absence of mutual agreement, the
provisions of this Order shall be controlling.
BY T~ COURT'// /'
(~/;J'
cc: Laurie A. Saltzgiver, Esquire _~.v ~ "/13/'1.5"'
Carol J. Lindsay, Esquire .,,&, f'.
J.
~.
-
ROGER W. BANEY , . IN THE OOURT OF CXlMMON PLEAS OF
.
Plaintiff . CUMBERLAND COllNTY, PENNSYLVANIA
.
vs. . NO. 95-1393 CIVIL TERM
.
.
.
LISA O. BANEY, . CIVIL ACTION
.
Defendant . IN CUSTODY
.
aJS'lOOY OCK:ILIATION &J!MARY REPatT
IN ACXXIUll\NCB wrm CDmERLAND crull'Y RIlLE OF CIVIL PIO "K,.JRE
1915.3-8, 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
BIRTHDATE
CURRENTLY IN CUSTODY OF
Defendant/Mother
Rachel Elizabeth Baney
September 18, 1986
2. A Conciliation Conference was held on May 30, 1995, with the
fOllowing individuals in attendance:
The Father, Roger W. Baney, with his counsel, Laurie A. Saltzgiver,
Esquire, and the Mother, Lisa O. Baney, with her counsel, Carol J.
Lindsay, Esquire.
3. The parties agreed to modify the custody provisions of a Settlement
Agreement dated May 26, 1988 by entry of an Order in the form as attached.
.,.}i, ,,,-.' .~J / C;'<;' ~' {a~u, 4.)",' r-tu~"
Date Dawn S. Sunday, Esquire
CUstody Conciliator
ROGER W. BANEY , . IN THE CXlURT OF OOMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
vs. . NO. 95-1393 CIVIL TERM
.
.
.
LISA O. BANEY , . CIVIL ACTION
.
Defendant : IN CUSTODY
CXXlRT CIUlBR
AND NCW, this b
ordered and directed as follows:
day of
~~
, 1995, it is
1. This Court's prior Order of June 12, 1995 in the above matter
shall remain in effect pending further Order of this Court,
subject to the modification set forth below.
2. The Mother shall have physical custody of the Child, Rachel
Elizabeth Baney, born September 18, 1986, from Christmas Eve
at 11:00 a.m. until Christmas Day at 5:00 p.m. in odd-nuntlered
years and the Father shall have physical custody of the Child
during the same period in even-nuntlered years.
BY THE CXlURT,
/
"
,
.
. -
WILLIAM L. SUNDAY
DAWN S. SUNDAY
Allo,noy. . 01 . tow
39 Wo.1 Moln 51'..., 5'.. I
Mochonlc.bu'g, PI. 17055-6230
Phon. 17171 766-9622
Phon. 17171 766-9698
Fax 17171 795.7280
July 5, 1995
The Honorable Edgar 6. Bayley
CUIlberland county Court House
One COUrthouse Square
Carlisle, PA 17013
RB: Roger W. Baney v. Lisa o. Baney,
No. 95-1393, In CUstody
Dear Judge Bayley:
I held a CUstody Conciliation Conference in the above matter on May 30,
1995. A Sumnary Report and Proposed Order was forwarded to the Court
Administrator's Office in early June and you signed the CUstody Order, as
proposed, on June 12, 1995 (unsigned copy attached) . Subsequently,
Plaintiff's counsel advised me that paragraph 66 of the Order should have
designated Christmas Eve at 11:00 a.m. rather than Christmas Day at 11:00
a.m. for the coomencement of the Chrisbnas holiday custody period. I
confirmed this aspect of the parties' agreement with Defendant's counsel.
In order to ensure that the current Order accurately reflects the
agreement reached by the parties at the Conciliation Conference, I am
enclosing an Order modifying the provision in question. I apologize for any
inconvenience resulting from my error.
Sincerely,
&UU__LJtVM:b;;
Dawn S. Sunday,
CUstody Conciliator
ee:
Laurie A. Sa1tzgiver, Esquire
Carol J. Lindsay, Esquire -
~ n'~ '7/,/~s'
...!. 'f '
..
COpy
ROGER W. BAN~,
Plaintiff
: IN THE CXlURT OF o::x-lMCN PLEAS OF
: CUMBERLAND COONTY, PENNSYLVANIA
vs.
: NO. 95-1393
CIVIL TERM
.
.
LISA O. BAN~,
Defendant
: CIVIL ACl'IOO
: IN CUSTODY
QU)J!R (F CXJlRr
AND 1Df, this day of
the attached CUstody COnciliation Report,
as follows:
, 1995, upon consideration of
it is hereby oraered and directed
1. '!tie Father, Roger W. Baney, and the Mother, Lisa O. Baney, shall
have shared legal custody of Rachel Elizabeth Baney, born Septel!tler 18,
1986.
2. '!tie Mother shall have primary physical custody of the Child.
3. The Father shall enjoy partial physical custody of the ChiJ.d on the
weekends following the second and fourth Fridays of every month from 7:30
p.m. on Friday until 6:00 p.m. on Sunday with the exception of the months of
May and June. During the months of May and June in every year, the Father
shall have partial physical custody of the Child on the weekends following
the third and fourth Fridays of each month for the purpose of enabling the
Mother to hsve physical custody of the Child on every Mother's Day and the
Father to have physical custody of the Child on every Father I s Day.
4. The Father shall provide seven days advance notice to the Mother if
he is unable to exercise his right to partial physical custody on any
designated weekend.
5. The Father shall enjoy physical custody of the Child for a period
of one week in June (Friday to Friday) and one week in July (Friday to
Friday) at tilTes and dates to be arranged by mutual agreement of the
parties. The parties contenplate that the Father shall have additional
periods of expanded physical custody of the Child during the summer vacation
of 1996 and in subsequent years. Taking into consideration the Child's
experience with the two weeks of partial custody during the summer 1995, the
parties shall attenpt to reach an agreement, which will best serve the
interests of the Child, for expanded periods of partial custody during
subsequent summer vacations. If the parties are unable to reach an
agreelTent, either party may schedule a second Conference before the CUstody
Conciliator.
6. The parties shall share physical custody of the Child during
holidays in accordance with the following schedule:
. .
"
A. The Father shall enjoy physical custody of the Child during the
Thanksgiving holiday fran Thanksgiving Day at 10:00 a.m. until
the Sunday following Thanksgiving at 6:00 p.m. in odd numbered
years. The Mother shall have physical custody of the Child
over the Thanksgiving holiday in even numbered years.
B. The Mother shall have physical custody of the Child on
Christmas Day fran 11:00 a.m. until 5:00 p.m. in odd numberoo
years and the Father shall have physical custody of the Child
on Christmas Day fran 11:00 a.m. until 5:00 p.m. in even
numbered years.
C. The Father shall have physical custody of the Child on Memorial
Day and Labor Day in every year at times to be arranged by
mutual agreement of the parties.
D. The Mother shall have physical custody of the Child on New
Years Day and the Fourth of July in every year at times to be
arranged by mutual agreement of the parties.
7. Transportation for all periods of partial custody shall be shared
by the parties and the place for exchange of custody shall be a location
near the pine Grove Exit on Route 81 as designated by mutual agreement of
the parties.
8. This Order is entered pursuant to an agreement reached by the
parties at a CUstody Conciliation Conference and reflects the parties'
intent to modify the CUstody provisions of a Settlement Agreement between
the parties dated May 26, 1988.
9. The parties may modify the custody arrangements set forth in this
Order by mutual agreement. In the absence of mutual agreement, the
provisions of this Order Mall be controlling.
BY THE COURT,
J.
cc: Laurie A. saltzgiver, Esquire
Carol J. Lindsay, Esquire
Rachel Elizabeth Baney
September 18, 1986
Defendant/Mother
. ~
".
ROGER W. BANEY , : IN THE COURT OF COMMON PLEAS OF
plaintiff . CUMBERLAND COtlNl'Y, PENNSYLVANIA
.
vs. . NO. 95-1393 CIVIL TERM
.
.
.
LISA O. BANEY , . CIVIL ACTION
.
Defendant . IN CUSTODY
.
ClJS':l'OOY CXH:ILIATION S(IIlMARY RE:PC:m'
m ACXXlUlI\NCE Wl'l'B aJMBERLAND CXXINTlC RIJLE a:' crvn. PllCo 0"" u<E
1915.3-8, 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
-
BIRTHDATE
CURRENTLY IN CUsroDY OF
2. A Conciliation Conference was held on May 30, 1995, with the
following individuals in attendance:
The Father, Roger W. Baney, with his counsel, Laurie A. Saltzgiver,
Esquire, and the Mother, Lisa o. Baney, with her counsel, Carol J.
Lindsay, Esquire.
3. The parties agreed to nDdify the custody provisions of a Settlement
Agreement dated May 26, 1988 by entry of an Order in the form as attached.
.....k. ')<" .~l I (j'<=;'.,- (C~o... .I ~L." A1lL-
Date Dawn S. suh&;y, Esi:iiI~
CUstody Conciliator