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Home My WebLink About00-02502 jM~~ . .'.-. GUSTA VO MO~NO and AMY L. MORENO, Petitioners : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . : v. CML ACTION - LAW : 00-':; S'O.l.CIVIL TERM ANNA FRITZ and WILLIAM FRITZ, Respondents IN CUSTODY STIPULATION AND AGREEMENT NOW, thjsO:>d~ day of f4.t...; I , 2000, this stipulation and agreement is entered into by and between ANNA FRITZ and WILLIAM FRITZ (hereinafter referred to herein as "PARENTS"), and GUST AVO MORENO and AMY L. MORENO (hereinafter referred to as "MORENO"). NOW TmS STIPULATION WITNESSETH THAT: WHEREAS Petitioners are Gustava Moreno and Amy L. Moreno (hereinafter referred to as MORENO), adult individuals residing at 1 Clay Road, Carlisle, Pennsylvania 17013. WHEREAS Respondents are Anna Fritz and William Fritz (hereinafter referred to as PARENTS), adult individuals residing at 6 Hidden Valley Road, Monrovia, California 910 16, WHEREAS PARENTS had born to them a child, namely Alea Fritz, bom ~i,,\;):J ,19<13; and L ~ ~ ~ .:....' ~O"" ~,'~'-.; WHEREAS the Respondent Father, William Fritz, is currently physically disabled as a result of a medical condition which has made it difficult for Respondents to fully meet their paren$! responsibilities at this time; and WHEREAS the Parents will be transferring physical custody of their minor child to MORENO; and WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the child; and WHEREAS, MORENO are the aunt and uncle of said minor child. IT IS mEREFORE AGREED AS FOLLOWS, in consideration of the mutual promises as hereinafter set forth: 1. MORENO shall have legal custody of the child. 2. MORENO shall have primary physical custody of the child subject to the Parents periods of visitation and physical custody as determined by Respondents. 3. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to ensure that the health, welfare and well being of the child is protected. 4. The parties shall do nothing that may estrange the child from the other natural development of the child's love or affection for the other party. . , 5. '. , The parties further agree that Respondents will reacquire legal and physical custody of the child upon the determination of the Respondents that they can resume these obligations. 6. The parties agree and desire that this agreement become an order of court, any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 7. The parties agree that in making this agreement, there has been no fraud, concealment, overreaching, coercion or other 1ll1fair dealing on the part of the other. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: ~_~~~~/Ht./ ~/' ;4kt,- Oir_{1) Ojlc~ M EAL) (SEAL) )( WILLIAM FRITZ BY HIS MARK (SEAL) ,"" - - j I COMMONWEALTH OF PENNSYLVANIA: : S8: COUNTY OF CUMBERLAND Personally appeared before me, a Notary Public, this 2l day of April, 2000, Amy L. Moreno and Gustavo Moreno, known to me or satisfactorily proven to be the same persons whose names are subscribed to the above agreement and they acknowledged that they executed this agreement for the purposes therein contained. I Notarial Seal .~ ~'1:<Y..Y\" . ~\J u t 11\1\ BetziA.Morrison.No~Pubhc (111< unn.\Jlu, ,,-(SEAL) Carlisle Boro, Cumberls;;~ Coun ary Publi My CommissiOr' Expires Dec. 15. 2 Memb9r. ~ Aasocl8tIon 01 Nota1le8 .sf--. 4e- G:A~q..J ~ COMMONWEALTH OF rr:~SYLVANIA: : S8: COUNTY OF %{MD~~W Personally appeared before me, a Notary Public, thisaO~ day of April, 2000, Anna Fritz asQ..WilIiam Irltr.; known to me or satisfactorily proven to be the same persolliYwhose ~ s~ ~ namel tIl'e subscribed to the above agreement and 4My acknowledged that ~ executed this agreement for the purposes therein contained. (SEAL) .(. .......... "EDWARO'i;: ~8iir0ii" oj. ii ,..,. Comlll. tII01314 ... ~ llOTABY PIA!Ue,CAilRIlIlM I 1M~.=:\ _ .:.~ Uv~~~~ -1 . t ~Il( t '.1 .,. ~ ~ "- "- ~ &-, , '" !!i ~ ~ v- a c! f u~ ... ",""". ~ ~ 1f " III ~ ..c. '::5 .VI ,v-\ C .-> C. e ~ ~ t k'1 r r ,"~ .. i>"J . .,1 0-' "'"'- '. . APR 2 4 2000 \ ~ GUSTA VO MORENO and AMY L. MORENO, Petitioners : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW OO-Js'd~CIVIL TERM ANNA FRITZ and WILLIAM FRITZ, Respondents IN CUSTODY ORDER OF COURT AND NOW, this ::}'f' day of __ A/,,,,/ , 2000, upon presentation and consideration of the attached stipulation and agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY THE COURT, J. 4-J-# tV NcwuS ~ .) Oy\ Te~~ s.MJteG UO.~~. : 1 ...... """_; , .. WILLIAM B. FRITZ Petitioner/Intervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. GUSTA VO MORENO and AMY L. MORENO Petitioners : CIVIL ACTION - LAW : 00-2502 CIVIL TERM v. ANNA FRItZ and WILLIAM FRITZ, Respondents IN CUSTODY PETITION TO INTERVENE AND PETITION ON BEHALF Of INTERVENOR FOR SPECIAL RELIEF IN NATURE OF AN EMERGENCY CUSTODY ORDER TO PRESERVE THE STATUS QUO PENDING A HEARING IntervenorlPetitioner seeks to intervene in the above custody proceeding and requests this court to revoke its order of April 24, 2000 (attached as Exhibit "A") and enter an order awarding him legal and physical custody of the six year old Child Alea Cheyenne Fritz, and in support thereof avers as follows: I. IntervenorlPetitioner is William B, Fritz, an adult individual with an address of 8 Banbury Road, Hummelstown, Dauphin County, Pennsylvania ("hereinafter sometimes Intervenor/Grandfather). Intervenor/Grandfather is the father of William Fritz (a,k.a, William B. Fri~ Jr., hereinafter sometimes "Father"), one of the Petitioners in the above referenced proceeding; the father-in-law of Anna Fritz (a.k.a. Ana Maria Moreno Fritz, hereinafter sometimes "Mother"), also one of the Petitioners in the above reverenced proceeding; and the paternal grandfather of Alea Cheyenne Fritz, the natural child of the Petitioners (hereinafter "Child"). Intervenor/Grandfather has had physical custody of the Child since March 14,2000, and was appointed Guardian of the Child by the Mother for school purposes on March I " '---~~ ""'81-_'1 , .' 29,2000. See attached Exhibit "8." 2. Mother and Father Petitioners in the above proceeding are adult individuals and residents of the state of California with a permanent residential address of 6 Hidden Valley Road, Monrovia, California 91016. Father is incapacitated and an incompetent as the result of a massive stroke suffered February 27,2000. Mother is incompetent and an unfit parent as a result of chronic alcoholism. 3. Respondents in the above Proceeding are Gustavo Moreno (hereinafter sometimes "Uncle"), the brother of the Mother and the child's maternal uncle, and Uncle's Wife Amy L. Moreno (hereinafter sometil11es "Aunt"). 4. The Mother and Father Petitioners and the Uncle and Aunt Respondents submitted to the jurisdiction of this court when they filed the Stipulation and Agreement dated April 20, 2000, which fonned the basis for this courts order of April 24, 2000. See Exhibit A 5. The Stipulation and Agreement intentionally omitted several material facts which impact greatly on the welfare and bests interests of the child, and which compel this court to reconsider and revoke its order, as follows: a. At the time of his stroke, the Father was the principal caretaker of the Child because of the severe chronic alcoholism of the Mother. The alcoholism is so severe that it has resulted in numerous arrests for driving under the influence of a1coho~ the suspension of her driving license, arrests for public drunkenness, previous institutionalizations for detoxification programs, and so forth. The Mother in the Stipulation and Agreement acknowledged her inability "'to fully meet her parental responsibilities at 2 ,~ .. this time" but recited only the Father's disability without any details of her own disability. b. The Father's massive brain hemorrhage resulted in his placement in a rehabilitation faCility/nursing home in California and he is totally unable to function on any competent physical or mental level, and is totally dependant on his care-givers, including the Mother, c, The Mother failed to properly care for the Child after the Father's stroke, and finally recognized her inability to care for the Child when the school at which the Child was enrolled in California threatened to involve the social service agencies and place the child in an altemate home. Accordingly, with the encouragem~nt of her sister Rachel in California, and her Mother in Carlisle, she called the IntelVcnor/Grandfather (who had recently returned from a visit with the family in California) and asked him to take custody of the Child, to which he (and his wife Cathy and their 15 year old child Angela) immediately agreed. d, The Mother put the child on a plane to Baltimore on March 14, 2000, the Grandfather picked her up and has continuous custody of her since that date. e. The Child was enrolled immediately and is presently enrolled in first grade in an elementary school in the Lower Dauphin School District, Dauphin County, Pennsylvania. f. The Mother executed a "Certification of Guardianship for School 3 '- . . , I ~- , ~^ "~" " ~ ~-', .......- -", .' Purposes" on March 29, 2000, a true and correct copy of which is attached as Exhibit "B". Mother also furnished a copy of Child's birth certificate to Grandfather to furnish to the school. See Exhibit "c," g. Since arriving in Pennsylvania, Child has not been visited by Mother or Uncle or Aunt or any other of Mother's family, h. On April!l, 2000, Mother called Grandfather and told him she was coming to Harrisburg the week before Easter and would be picking up the Child to take her home. Grandfather told her he would not relinquish custody until Mother had gotten herself back into an alcohol rehabilitation or detomcation program and was "on the wagon" for several months. Grandfather had received a call just a few days earlier from the Monrovia Police Department inquiring about the welfare of the Child because the Mother bad been arrested again for public drunkenness, alerting Grandfather to the Mother's continuing alcohol problems. When told of his decision, Mother became hysterical and irrational and threatened to kidnap the Child and do whatever she had to do to get the Child back i. Grandfather has had conversations with the Mother's mother in Carlisle, Irene Moreno, and the Mother's sister Rachel Moreno in California, both of whom agree the Mother should not be permitted to regain custody of the Child, and who also do not believe the Child's custody should be transferred to the Uncle or Aunt. j. The Uncle did call the Grandfather on one occasion and request a visit with 4 ,~ ~ ~ ~= " ,. the Child at Uncle's home, to which Grandfather agreed only ifhe came to pick up the Child with Irene Moreno, the mother of both Mother Ana and Uncle, to which Uncle agreed because he had not seen the Child in years, and was unknown to both the Child and Grandfather, The visit, however, was never arranged or made or made by the Uncle. 6. On Monday, April 24, 2000, Grandfather was called by Uncle and told that Uncle "had an order" and Grandfather was to make immediate arrangements to transfer the Child to Uncle and Aunt. Grandfather had no notice prior to this time that a Stipulation and Agreement had been signed or that an Order was to be requested. 7, Grandfather immediately called his lawyer, the undersigned, and after inquiry, the undersigned was faxed a copy of the Stipulation and Agreement, and Order, the next moming (Tuesday, April 25, 20000 by Mark D. Schwartz, Esq., the lawyer for the Mother, Father, Uncle and Aunt. In a telephone conversation which took place that day, all the above facts were relayed to Mr. Schwartz by the undersigned and a request made for a meeting of all concerned to talk about the unfortunate situation and try to reach an agreement concerning what was best for the Child, considering all she had already been through. Mr, Schwartz indicated he had not been aware of the arrangements that were already in place for the Child and would talk to his clients and get back to the undersigned. The undersigned made it absolutely crystal clear that he would file an immediate petition to have the order revoked if the Uncle and Aunt were going to make any attempt to take the Child and Mr. Schwartz gave his assurances that no steps were contemplated and guaranteed no such action would be initiated without giving the undersigned advance notice and an opportunity to file a Petition for Special Relief. 5 " ~"""'IW.~~ ~ --jlilk' , " 8, The parties through their lawyers verbally agreed that Grandfather would continue to enjoy physical custody or the Child and keep the Child in her current school until the parties could meet and talk. Late the afternoon of Wednesday, April 26, 2000, the lawyers agreed to a meeting today, Friday, April 28, 2000, at 3:30 P.M. in Carlisle, The next morning, Grandfather's lawyer left a message with Mr, Schwartz requesting the meeting be changed to Monday, May I, 2000, to accommodate a prellrtanged trip with the Child to a skating competition in Washington, D.C., but indicated that Friday would be acceptable although inconvenient. 9. Mr. Schwartz did not reply to the undersigned, Instead, the Uncle and Aunt retained a so-called Constable and went unannounced and without notice with the Constable and their "Pastor" to the Grandfather's house, demanded entry and demanded the Child be turned over immediately. The Grandfather refused, called the undersigned who talked to the Constable and convinced him to leave immediately with the others, which he did. 10. The undersigned called Mr. Schwartz, who acknowledged he had previous knowledge of his clients intentions, although he "did not realize that these actions were being taken", and who acknowledged he did not keep his word and advise the undersigned of his clients change of position. He also would otTer no guarantee that his clients, the Uncle and Aunt, would not take further unilateral action to take custody of the Child. 11. The Grandfather believes his son, the Father of the Child, is without the mental capability to make any competent decision about the Custody of the Child, and if he could, would never agree to move the Child from Grandfather to an Uncle who is practically a stranger to the Child.. 12. The Father's "mark" is not notarized on the Stipulation and Agreement and 6 ,,~.." ~, ~ '.;.: Grandfather believes it was fraudulently placed there by Mother, 13. The Grandfather believes the intentions of the Uncle and Aunt were not to retain custody of the Child considering her best interests, but use the Court order as a ruse to obtain the Child and return her to her Mother, in spite of the known unfitness of the Mother. 14. The Mother, Uncle and Aunt intentionally and fraudulently concealed the above facts from tbis Court in procuring the Order of April 24, 2000, and in attempting to enforce the order through the offices of a state constable, all for an improper purpose and in derogation of the bests interests of the Child, the lawful rights of the Grandfather, and the laws of the Commonwealth governing abuse of process, 15. The best interests and welfare of the minor child will be served by granting the relief requested. The child has been nurtured and cared for since March 14, 2000, by Grandfather and due to the child's tender age and for all the reasons stated above, it would be in the best interest of the child to maintain the status quo and not alter the current arrangement until this matter can be fully heard by this Court. 7 , ~ . ] ~~ ' "' b-, WHEREFORE, lntervenor/Petitioner requests that this court enter an Order permitting IntervenorlPetitioner to intervene in this proceeding and granting IntervenorlPetitioner legal and physical custody ofthe minor child until such time that the custody case may be heard, and specifically ordering the Petitioners and Respondent to comply with the same and cease all efforts to take custody of the child. Respectfully submitted, Date: April 28, 2000 MILSPAW & BESHO B~dI&0 Luther E. Milspaw, Jr., Esquire Attorney I,D. No. 19226 130 State Street P.O. Box 946 ~sburg,PAI7108 (717) 236-0781 Attorneys for IntervenorlPetitioner 8 Jll((tii', ! WILLIAM B. FRITZ PetitionerlIntervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. GUSTA VO MORENO and AMY L. MORENO Petitioners CIVIL ACTION - LAW : 00-2502 CIVIL TERM v. ANNA FRITZ and WILLIAM FRITZ, Respondents IN CUSTODY Verification The above-named Intevenor/Petitioner, William B. Fritz, verifies that the statements made in the above Petition are true and correct. The petitioner understands that fitlse statements herein ar~ made subject to the penalties of 18 Pa.C. S. ~4904 relating to unsworn falsification to authorities. ~~j April 28, 2000 Inteve~orlPetitioner \ 9 ~ ~ ~J u.,- . WILLIAM B. FRITZ PetitionerlIntervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. GUSTA VO MORENO and AMY L. MORENO Petitioners CIVIL ACTION - LAW 00-2502 CIVIL TERM v. ANNA FRITZ and WILLIAM FRITZ, Respondents . . IN CUSTODY CERTIFICATE OF SERVICE The undersigned certifies that he served a copy of the foregoing document on the attorney for Petitioners and Respondents by fax before filing on Friday, Apri128, 2000, and by hand delivery immediately after filing. MILSPAW & BESHORE Date: April 28, 2000 Luther E. Milspaw, Jr., Esquire 11 -~-=,--' - ~ '"^. ".',-, , , , '".".' 04/25/00 11:07 FAX 717 249 6354 IRWIN MCKN & HUG t.gJ uu~ APR ::I 4 200~ .'( V GUSTAVO MOREl'lO and AMY L. MORENO, Petitioners : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v, CIVIL ACTION - LAW OO..2S0LCIVJL TERM ANNA FRITZ and WILLIAM FRITZ, : Respondents IN CUSTODY ORDER OF COURT . AND NOW, tbBJ...4-.ft.. day of /Jp V L I .2000, upon presentation and consideration of the ~hed stipulation lQ1d agreement and upon agreement of the parties, it is hereby ordercd and clecrced that the attached agreement is made an Order of Court. BY THE COURT, /1/ ~~. U I~ J. ,.....fJt1IIY FROM RQX)nD '. r....llf ...... I hent unID -/Ill' ..... :f<<~ :"'.~'"i-rl i:,/Ll:-\ A- ,'--" , ~ t _ ....;.~ " "~[ 04/25/00 11:07 FAX 717 249 6354 IRWIN MCKN & HUG tm OOJ GUSTAVO MORENO and AMYL. MORENO, Petitionen : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENlSSYLVANIA v. : CIVIL ACTION - LAW 00- ,J.s'OoiCIVIL TERM ANNA FRITZ and WILLIAM FRITZ, Respondents IN CUSTODY n c> ::.) c c,"" ': .. " '. - - ;- .. -.. r:-. : ,. ." - - ;;!;:- r'-" ..: ~r~ ~:'.. -- ...... - ,... :~ - :':: " - -' -, .. ; , , ". ,'" J" :> ~~ ~J :'~ . . .. .,:) c:...;' " -, ; STIPULATION AND AGREEMENT NOW, this O'd'"h. day of ~; I . 2000. this stipulation and agreement is entered into by lll1d between ANNA FRITZ and WILLIAM FRITZ (hereinafter referred to herein as "PARENTS"), and GUSTAVO MORENO and AMY L. MORENO (hereinafter referred to as "MORENO"). NOW THIS STIPULATION WITNESSETH THAT: WHEREAS Petitioners are Gustava Moreno and Amy L. Moreno (hereinafter referred to as MORENO), adult individuals residing at I Clay Road, Carlisle, Pennsylvania 17013. WHEREAS Respondents are Anna Fritz and William Fritz (hereinafter referred to as P AllENTS), ad.ult iIldivid.uals residing at 6 Hidden Valley Road, Monrovia, California 91016. WHEREAS PARENTS had born to them a child, namely Alea Fritz, born C(r\, ;;);) , 19~3 : and ~-- . L , , ~i 04/25/00 11:07 F~ 717 249 6354 IRWIN MCKN & HUG @004 WHEREAS the Respondent Father, William Fritz, is currently physically disabled as a result of a medical condition which has made it difficu1t for Respondents to fully meet their parental responsibilities at this time; and WHEREAS the Parents will be transferring physical custody of their minor child to MORENO; and WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the child; and WHEREAS, MORENO are the aunt and uncle of said minor child. IT IS THEREFORE AGREED AS FOLLOWS, in consideration of the mutual l'ro]]]islls as hereinafter set forth: 1. MORENO shall have legal custody of the child. 2. MORENO shall have primlUy physical custody of the child subject to the Parents periOds of visitation lll1d physical custody as detezmined by Re9pondetlts. 3. The parties will keep eacb other advised immediately relative to any emergencies conceming the child and shall further take any necessatjI steps to ensure that the health. welfare and well being of the child is protected. 4. The parties shall do nothing that may estrange the child from the other natural development of the child's love or affection for the other party. - ~' .. I ,. . ' ~'3. @005 04/25/00 11:07 FAX 717 249 6354 IRWIN HCKN & HUG S. The parties further agree thllt Respondents will reacquire legal and physical custody of the child upon the determinatlon of the Respont;ientli that they can resume these obligations. 6. The parties agree and desire that this agreement become an order of court, any modificatIon or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if exc<:uted with the same funnality of this agreement. 7. The pllrties agree that in mall:ing this agreem.ent, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. IN WITNESS WJm1U;OF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: ~-~>4.1~J~ ~~~~- (]Pr_{Jr; 1.1rr-/\ ~R:- C'L U) (SEAL) EAL) (SEAL) )( WILLIAM FRITZ:B"( illS MARK (SEAL) t RUE COPY FROM RECORD In T estIrnonl' 'NMl'ltlOf. Ili!!.lfS um.o set rrPf t.ana and the seal of sa!d Coon at Garllsl8, 1'&. Thl~ i" ~ day oW~ ;u-v,:) i' '('-'- a.. . ~ PrcllhonOlllry .cd ~ - .~~ ,I """-~ ~~, 04/25/00 11:01 FAX 717 249 6354 IRWIN J{cKN &. HUG ~006 COMMONWEAl. TH OF PENNSYL V A.NIA: : 58: coONTY OF CUMl3EIU.AND personally appl!<lred before me, a Notary Public, this ~ day of April. 2000, AmY L. Mpreno llIld GUSt/UfO Moreno, known ta me or satisfac\Xlrily proven to be the S/l.DlC persons wb.ose names are subscribed ta the above agxeeIllent IIIlLi they acknowledged that they executed this agreement for the purposes therein contained. SaUl ;..~~!fb~.~~Pub~-C ~~1i' MM-ih\A6)'\_ (SEAL) CaIl!sle Balli. cumherle."'l1 Co Pub . II '\:. My CcUTlrniSSfDr' ExpJr8S Cea. 19, 2: Membsl; ~Ia"'" .",ibt orNalarl&ll .sfr.~ Gr,/;k,n-/;.,4- COMMO~OF~SYLVXNIA; : 88: coUNTY OF CUMIl~ ld. A;;~ personally appearM before m.e, a Notary Public:" thisaO'n. day of April. 2000, Anna Fritt ~ia..-n f.'~, known to me or satist\lctorily provell to be the same personi"'whose ~ $~ .~k ,lUI.IIleI me subscn'bed to the above agreement llnd ~ acknowledged that ~ executed this Ilgreemenl for the purposes therein conlained. (SEAL) ~ b :.: EDWARD G~ liMON <.t m~~f;~~:: Camlll. mGtsI4 <; t ...,~}i.-{.;< Rat~~ ~:.~ fB ~'i,' I<st~'->::nly" ~" llJto:... O-,Ja~' ~.. ~;:r~~~~__ .., ,..oS "'~. ,. , j -"-, I ~~, ! ~- Lower Dauphin School District Page 1 of 2 pages STUDENT ATTENDANCE (CERTIFICATION OF GUARDIANSHIP FOR SCHOOL PURPOSES) COMMONWEAl.,T\:;! qF PENN$YLVANIA COUNTY OF lIfo1V I/J.+/ W 1,'WlU-lAM 'B. +~\Tl. statements: I am a resident of the Lower Dauphin School District. As guardian for school purposes of A l- j::: A f= ~lTZ. (S.S. #(d'l. -14q;zbl I. I will assume all personal~~ and responsibilroies for the student relative to school requirements. I am supporting the above named child gratis (wllhoul outside support). I intend to maintain guardianship for school purposes of Al..EA FR. \ 1"L Name 01 Student continuously and not merely through the school year. The parents of A I...EPt ~ P-IT L Name 01 Student of guardianship for school purposes. I understand a copy of this form will be filed with the U.S. Internal Revenue Service and my signature indicates my CQnsent. Taken, sworn and subscribed Vv I LW A"-t 'is. t=" 121 T Z. ;zo 1-18 - ,;;rlq 7 Name of Proposed Guardian for School Purposes Social Security No. before me, this day of . n. ,. . A.D. I ~ t':. . u.Jij..L..'- ~, fT'~ -=:5:1~-~ . Guardian Si~re - SEAL Pursuant to Section 1302 of the School Laws of Pennsylvania (See other side) do solemnly swear (or affirm) tile accuracy of the following 1. 2. 3. 4. 5. have agreed to this certification 6. ------------------------------------------ I, A "'A lil. -r ~ IT 2.. , do solemnly swear (or affirm) thaI I am the parenVlega~ardian of p.~r;;A 1= ~ II Z . and that I hereby relinquish to W lI....LlAtIvt \S, r iR.\ IZ. Name 01 Child(ren) Name of Resld<lnt all rights and obligations for the above child(ren) relative to school requirements, including. but not limited to. the right to sign all documents necessary to enroll or maintain the child(ren) in school, all rights necessary to secure and approve or disapprove special education services for the child(ren) and the right to review, copy. and correct records for the CAl1ild(r~~ Th!.:hil~en) these rights apply to are~ 1'2.2.1 ("'J::2. iQ" ... t . .. . , ' EDWARD' G~ AS'IITON' . \ Name L\=n -\-RII Z. 008: \ ..:>... .' '. ." COlll1I1.11107314 " N 008" 101m MlJe.tI!lJIIIIIil ame : ~.. lc<,....c-,. Name OOB:' _...... 1l!~.~_1~1 I acknowledge and understand that any notification to change Taken, sworn and subscribed these rights must be in writing and may terminate my child(ren) before me, this "2"1 day of being a deemed a resident(s). #1aah t:.. uco ANA M. F/l fI"Z. f\ ^ ?t.6 -55: - t6?/2- ~..J./ r:Jv - Name of Parent or Legal Guar~ ...(.\AT~I Security No. SEAL Parent or t'/(gaJ Guardian Signature 'A P9fson who signs a lalse statement which he does not believe to be tnJe with the Intent to mislead is guilty 01 a mlsdemeanor under th_ Pennsylvania Crimes Code subjecting him 10 both fine and imprisonment (Pa Criminal Code 01 19n, NO. 334. 18 CPSA 4904)'- st::v\. \--4. 1:> _?,--~ .'c. " ,~ ';ii_, ., Page 2 of 2 pages Section 1302. Residence and Right to Free School Privileges. A child shall be considered a resident 01 the school district In which his parents or the guardian of his person resides. Federal installations are considered a part of the school district Or district in which they are sauate and the children residing on such installalions shall be counted lIS resident pupils of the school district When a residenl of any school dislrict keeps In his home a child of school age, not his own. SUpjlOrting the child gralis as if it were his own, such child shall be entaled to all Iree school privileges accOlcled to the residen1 school children 01 !he district, Including the right to attend the public high school maintained in such district or in other districts in the same manner as Ihough sudI child were in fact a I8iIldent school child 01 the distrlCl, and shall be subjec1lo all the requlr&menls placed upon resident school children of the district. Before accepting such child as a pupil, Ihe board of school clrectors of the district may require such residenllO me with the secre\ary oIlhe board a swom slalemenllhallle Is a resident ollhe district, that he is supporting lI1e child gl3lls. thal he will 8ll8ume al petSOIl8I obIIga- lions lor the child relative 10 school requirements, and he Intends 10 so keep and support 1he child continuously and not merely through the school term, (Amend/Jd December 14, 1967. Act. No. 381.) . . . . A copy of this form will be filed with the U.S. Internal Revenue Service' . . . - j In.;,: <,." ~~, Lower Dauphin School District Page 1 of 2 pages STUDENT ATTENDANCE (CERTIFICATION OF GUARDIANSHIP FOR SCHOOL PURPOSES) COMMONWEALTH 9FJ}lt!SYLVANIA COUNTY OF >>tt It' r I , J.I I, ~ /11 A tn ,g, ql<et: 7Z- statements: 1. I am a resident of the LowBr Dauphin School District. As guardian for school purposes of /1 ie" p", t t... /' ,I.,/, Name of Student (S.S." (#/::2 -71- 3.lu> 1\,1 will assume all personal obligations and responsibilities for the student relative to school requirements. . I am supportiog the above named child gratis (wilhout outside support). I Intend to maintain guardianship for school puqJOSes of A lea. fr. c -t ~ Name of Slud"'l continuously and not merely through the school year. .. the parents ciF..-;ttea."'frt t z- .. . , Name of Student of guardianship for school purposes. I understand a copy of this form will be filed with the U.S. Intemal Revenue Service and my signature Indicates my consent. h Taken, sworn and subscribed k), . {f,' a.. rrJ /; I-r " t t... ;J, O!- / f, J 7 j /" before me, Ihis I t, ~ day of Name of Proposed Guardian~r School purpo~ ,Social Security No. /J?I7~J.fA.O.d<"O<:Jt \_'" ~~. O":l~ . ~ A f:l::' ~ r.C"",....' Seal ?l)ll!lC Guardian Signa re E_V,I'<lI"'. (iOUn\'j_ SEAL . ~ eorG, Ol'f.:' 23, 2COQ II ~e.por.."'" ---------.- iia1l\I~"""'~ ------------------- I, W> /11 q 11"\ B,T 2. . do solemnly swear (or affirm) that I am the.pal'ef'rt/1egal guardian of ;?lIt? If 1-tf ('1' ~ , and that I hereby relinquish to WI 1/' d "'? lB. -9R (I ~ Name Of Child(ren) Name of Resident all rights and obligations for the above child(ren) relative to school requirements. including, but not limited to, the right to sign all documents necessary to enroll or maintain the child(ren) in school, all rights necessary to secure and approve or disapprove special education services for the child(ren) and the right to review, copy, and correct records for the Child(ren). The.child(ren) these rights apply to are: , Name if {fCl.. h~, t"- OOB: 7 /~ 2//; 3 Name . DOB: Name . OOB: Pursuant 10 Section 1302 01 the School Laws of Pennsylvania (See other side) do solemnly swear (or affirm) the accuracy of the fonowing 2. 3. 4. 5. have agreed to this certification 6. SEAL ( " ,- --.. , . .~ Page 2 of 2 pages Section 1302. Residence and R/ghtto Free School Privileges. A child shall be considered a resident of the ac:hool district In which his parents or lhe guarlllan 01 his person resides. federal InstallatlOl1$ are considered a pall of the school dislrict or district in which they are situate and the c:hlIdren residing on such InstaHalions shalla.. counted as resident pupils 01 the school dlslriet. When e resident of any ac:hool d1stric:l keeps in hls home a child 01 school age. nol his own, supporting the child gralls as il ~ were his own, such child Shan be enlhled 10 aU Iree school privileges accorded to the resident school children of the district. Including !he right 10 attend the public high school maintained In such district or ill other dislIlcts In !he same manner as Ihough sudl ch~d were In feet a resident school chlId 011he dlslrlc:l, and shell a.. subjecllo alllhe rvqulremenls placed upon residenl school children ollhs dIslrlcI. Belore accepting such child as a pupil. the board of school dlr<<:tors 01 the district may require such resident 10 file wllh the secretary 01 the bOerd a sworn slatemenllhal he Is a re~ldent of Ihe dlSlllcl, lhal he I. suppDfllllg lIie child gratia. Ihat he will assume all personal obliga. tions lor lhe c:hlId relalive 10 school requlramenls, and he Intends 10 so keep and support the child continuously and not merely through lheec:hool tenn. (Amended December 14,1967, Act. No. 381.) .'.~ . ................~ ~.~ .. '. }-.. . . ~ flr'UL -~-G-. i," OOOl:. 0 ?JdV:1 .li idi!Ql1:!J0!)"r'/U I r:.J~ . . . . A copy of this form will be flied with the U.S. Internal Revenue Sa/Vlce . . . . -" I .~ ~ ~ ,11.11&, I ... Page 2 of 2 pages Section 1302. Residence and Right to Free School Privileges. AchUd shalla.. considered 8 resident of the school district In which hls parents or lhe guardian 01 his person resides. Federal Installations are considered a part 01 the school d1slriclor dislrict In which they are s;tuate and the children residing on such installations shall be counled as resident pupilS of II1e a<:hool dlslrlcl When a resident 01 any a<:hool distriet keeps In his home a child of school age. not his own, supporting lhe child gratis as il ~ were his own. such child shall be enlhled 10 all free schoof privileges accorded to the resident school chUdren ollhe district, including lhe righlto attend the publiC high school maIr1lalned In such dislriclor in other dislricls in the same manner ll$lhough sUch child W$re in 1ac1 a rB$ldent school child of 1he dislnct. and shaU be SUbjeclto all the requirements plac8d upon resident school children of lhe district. Belore accepting such child as a pupil, the board of school clnlClors or the district may require such resident to file wilh lhe secreta'Y of the board 8 swom slalemenllhet he Is a residClnt of the district, that he Is supporting the child gralis, that he WI" assume all personal obllga- lions lor the child relative 10 school requirements, and he intends to so keejlc and support the child conlinuously and not merely through the school term. (Amended OecembGr 14; 1967. Act No. 38t.) . . . . A copy of this form will be f~ed with the U.S. Internal Revenue Se/Viee . . . . ,~... ~- ~3/19/2000 04:10 71 75666880 .: .. ., - ~ . . . . - -.. '":'.':'~.~-:..~..''' ..- ...'-- ... .... CATHY " -. ....-" .," ~ .. ... '. ....- -'-. '~- .:,;.:.;.: ...., . _n, ._ .. ~, '.;.. ..... .~~;. ~ -"~--~ -.;0.- . ._ .>=} " ..... i".---..,-= I , , .~ .... -,~._..__.._,/" ._~... . ,...~. _.......,-~..:.:._~.. '''-'' .~..~.~_......._........_,~" ! i .....~..,- .......-..... ........ - r.'......- .-...... '"'..-,_._.....,....~_.'-~-,........,.....,_....,.._. ~ tl ~ m r- ;;;; ~ (I) c;: ~ m :E c ~ ,. E ~ ~ ~ ~ 0 C :2 ~ Jll z ... ... ... ~ C . s: ... ... Q;I 9' m !B - .. ~ g ... I CO , . i 1 J ~ - CI> 0 0 ~ ;;t :II G') ,., Z m i ~ 0 ;s:... ~ ()!i~ !l mm So ~ :/3,......: :i m ' 'e ~ C/l Jl. .. 0 ~ rn . ." c2J::l- III ~m, .... '" C=>' . ~ m (i5-' "! !l .1 ~-(l"" - ~l~ CI> > ::a I.,. :z O~ 1 ~ ~ "'m ;:; ... g(')1_ 0 0' )W :r:z:Jl~ r- g ;r~ 0 :".!!l g CI> - ' ~ - 01, CI> -< OJ ~ ~ C' Z .. .~ :D ~ 'I- I :II (')i f-> m 0 r-1 0 In m' '" ~ :;0, . 01 ~,~ -..J ~, N :1 ~ J~' Iii , .<<g ~I ., fal ~I Iii 5" Ii 0- n Q" .. il.tl' I . Ii ;')<)^\~n L ~ p ." :JI i3 liil ~ l i lil~ ~~ ~o .6 ffl'" B~ ~G') ~~ e ~ c;: . m ~ c <: ~ C m ~ ~ ~ (;) - !:!! ~ ... .... !" ~ ... <;> <II 0 .... ! I l .] ~ -, " ~'., WILLIAM B. FRITZ Petitionernbntervenor APR 2 7 2.000 ~, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANlA v. GUSTA VO MORENO and AMY L. MORENO Petitioners CIVIL ACTION - LAW . . 00-2502 CIVIL TERM v. : ANNA FRITZ and WILLIAM FRITZ, Ilespondenu : IN CUSTODY OlIDER AND NOW, this 28th day of Apri~ 2000, upon consideration ofthe Petilion to Intervene and Petition for on Behalf on Intervenor for Special Relief in Nature of an Emergency Custody Order to Preserve the Status Quo Pending a Hearing, the following Order is entered regarding the Child, Alea Cheyenne Fritz: 1. The request of William B. Fritz is to intervene in this matter is granted, 2. The order dated and entered April 24, 2000, is revoked 3. Intervenor William B. Fritz is granted legal and physical custody of the child until further order of this Court. Ih-.'t t* '::; hVLh """"l rq....... .... J,u.-o..,. ;<( 4. The Petitions and Respondents shall take no further action to take custody of the child without order of this Court. 5. The Police of any or all appropriate authorities shall enforce this Order upon presentation of a certified copy thereof By the Court 4i . I , ; ~;.; ". ,.: I' :.'" '1";;C-C'C/ &d- t~ ~ -z. ~ ~~ ~'d)i'CJt'J ~ ~ ~ df ~~ ;~""""'" - . I - , ,~ " . -'2 ..,."..... .....,:t WILLIAM B. FRITZ, Petitioner/Intervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. GUSTA VO MORENO and AMY L. MORENO, Petitioners v. CIVIL ACTION - LAW ANNA FRITZ and WILLIAM FRITZ, 00-2502 CIVIL TERM Respondents IN CUSTODY PETITION FOR SPECIAL RELIEF ON BEHALF OF RESPONDENTS. ANNA FRITZ AND WILLIAM FRITZ. JR. FOR THE SCHEDULING OF A HEARING AND NOW, comes Petitioners, Anna Fritz and William Fritz, by and through their attorneys, IRWIN, McKNIGHT & HUGHES, Esquires, and files this Petition for Special Relief making the following 3vemments: 1. Petitioners are Anna Fritz (hereinafter referred to as "Mother") and William Fritz, Jr. (hereinafter referred to as "Father") who are adult individuals residing at 6 Hidden Valley Road, Monrovia, California 91016, 2. The parents had born to them a child, namely Alea Cheyenne Fritz, born July 22, 1993. =~... . "'" ~~""~ %.1 '. 3. On April 24, 2000, an Order of Court was signed by this Honorable Court pursuant to a Stipulation and Agreement dated April 20, 2000. A true and correct copy of said Order of Court and Stipulation and Agreement is attached hereto as Exhibit "A" and incorporated herein by reference thereto. 4. Petitioners, Mother and Father, had decided to transfer physical custody of their minor daughter to Gustava Moreno and Amy L. Moreno who are the aunt and uncle of said minor child. 5. Previously, the child had been temporarily placed in the care and custody of Mr. William Fritz, Sr., (hereinafter referred to as "Grandfather") the minor child's grandfather who resides at 8 Banbury Road, Hummelstown, Pennsylvania. 6. As indicated in this Stipulation and Agreement minor child's father, William Fritz, Jr., has suffered from some medical conditions which have left him physically incapacitated. 7. The Father has tbe mental capacity to speak and to understand the situation regarding the custody of his daughter. 8. The Father, William Fritz, Jr., when asked whether he wished to have the child placed in the custody of Gustava Moreno and Amy L. Moreno, indicated that that was his desire. J.:>! 1_ ". ~ .-- 9. The Father then signed the Stipulation and Agreement by his mark which was witnessed by his brother, a son of the Grandfather, Mr. William Fritz, Sr. 10. It is the desire and intent of the Petitioners, Mother and Father, more permanently to place Alea in the care and custody of the Morenos as a more permanent arrangement for her care. II. In the attached Stipulation and Agreement, the Petitioners, Mother and Father, placed the facts necessary to allow the Court to sign an appropriate order. 12. It was unnecessary to place in the Stipulation and Agreement detailed facts concerning the reasons why Petitioners Mother and Father could not presently care for the child. 13. The Petitioners Mother and Father had permitted Grandfather to care for the minor child for a period of time and then desired to transfer custody of Alea to the Morenos. 14. The custody Stipulation and Agreement as drafted was certainly sufficient for that purpose. -"~ " I ,.-j. ~~ :" 15. There were no facts "intentionally omitted" from the custody Stipulation and Agreement as alleged in Grandfather's Petition to Intervene and for Emergency Relief which is attached hereto as Exhibit "B". 16. The Petitioners Mother and Father have the capacity to make a determination as to the custodian of their minor child. 17, The Petitioners Mother and Father had the capacity to permit Grandfather to temporarily care for Alea and they have the capacity to decide to have the Morenos be the custodians of their child. 18. After the Court Order was signed on April 24, 2000, the Morenos contacted Mr. William Fritz, Sr. to attempt to arrange an exchange of the child. 19. Mr. William Fritz, Sr. was hesitant to agree to an exchange and asked that a copy of the Court Order be faxed to his attorney, Luther E. Milspaw, Jr., Esquire. 20. A copy of said Court Order was faxed to Luther E. Milspaw, Jr., Esquire, on Tuesday, April 25,2000. ~- ,. o. """~" 21. There were various telephone calls between counsel for Anna and William Fritz, Jr., Mark D. Schwartz, Esquire, the undersigned, and counsel for William Fritz, Sr., Luther E. Milspaw, Jr., Esquire, regarding this matter. 22. Counsel involved were attempting to set up a meeting with the interested parties to discuss this matter further. 23. However, the indication from Mr. William Fritz, Sr. was that he wished to retain primary custody of the child unless my client's, Anna Fritz and William Fritz, Jr., agreed to changes in the Stipulation and Agreement which they had executed with the Morenos. 24. Petitioners Mother and Father are not agreeable to any change in the Custody Stipulation and Agreement, however, they certainly are and have been willing to provide Mr. William Fritz, Sr, with the opportunity to visit with his grandchild. 25. The Moreno's contacted a local constable on or about April 27, 2000, to assist them in facilitating an exchange of the child with Mr. William Smith, Sr. 26. Counsel for Anna Fritz and William Fritz, Jr., was not aware of Moreno's intent to attempt a custody exchange on Thursday afternoon, April 27, 2000. In fact, the undersigned asked to be notified if the Moreno's were going to attempt to go to Hummelstown to obtain custody of the child, ".~- "' ., " "" ,~ ~'~ ", " 27. In the afternoon of the zib of April, a constable contacted the undersigned and left a voice-mail message requesting the name and telephone number of Grandfather's attorney so that the constable could contact him prior to any exchange. The undersigned returned the call to the constable and left a message with the requested infonnation later the same afternoon. 28. Morenos did attempt a custody exchange with a constable who apparently did not notify William Fritz. Sr's. attorney prior to the attempt of exchange. 29. Grandfather's counsel, Luther E. Milspaw, Jr., Esquire, called the undersigned at approximately 5:15 p.m. on April 27, 2000, and told the undersigned that the Morenos were attempting a custody exchange with a constable. 30. At that point, the undersigned was unaware of the Moreno's intentions to attempt an exchange of custody that afternoon. 31. Neither the Moreno's nor the constable had infonned the undersigned of the actions being taken. 32, Ultimately, the exchange did not take place as Mr, William Fritz, Sr. was unwilling to exchange the child upon presentation of the Court Order. -~ ~, ,~ ,,_J VERIFICATION The foregoing Petition for Special Relief on behalf of the Respondents, Anna Fritz and William Fritz, Jr. is based upon information which has been gathered by counsel for the Respondents in the preparation ofthis Petition. The statements made in this Petition are true and correct to the best of the counsel's knowledge, information and belief. The Respondents are presently out of the jurisdiction of the court and their verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifYing on behalf of the Respondents according to 42 Pa.C.S.A. S 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: May 2, 2000 .- ",>,.; iW R Z 40 lOOIl . ~ GUSTAVO MORENO and AMY L. MORENO, Petitioners : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : CIVIL ACTION - LAW : OO..:2S0;t..CIVIL TERM ANNA FRITZ and WILLIAM FRITZ, : Respondents IN CUSTODY ORDER OF COURT AND NOW, this;..4-iC.. day of jJ1l'it ( ,2000, upon presentation and consideration of the attached stipulation and agreement and upon agreement of the parties, it is hereby ordered and de-creed that the attached agreement is made an Order of Court. BY THE COURT, /1/ J~U IL J, llU! fXi#Y FRoM R9.:'.ORD ,. T .4iI.iiiiIj 1ftNnof, , hem unto sat mv ,.. >nO ~L".~~~' '1 a.l. Call1sJa. ,Pa. f~ Y at . .'. d."hHJ 0- 07['. -,,,' ~- -~ " "= ~~ ~L 0 WHEREAS the Respondent Father, William Fritz. is currently physically disabled as II result of a medical condition which has made it difficult for Respondents to fully meet their parental responsibilities at this time; and WHEREAS the Parents will be transferring physicat custody of their miner chUd to MORENO; and WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the child; and WHEREAS, MORENO are the aunt and uncle of said minor child. IT IS THEREFORE AGREED AS FOLLOWS, in consideration of the mutual prom.ises as hereinafter set forth; 1. MORENO shall have legal custody of the child. 2. MORENO shaH have primary physical custody of the child subject to the Parents periods of visitation and physical custody as detennined by Respondents. 3. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to ensure that the health, welfare and well being of the child is protected. 4. The parties shall do nothing that may estrange the child from the other natural development of the child's love or affection for the other party. "P-,_....~ I .~ ,-::->: . , 5. The parties further agree that Respondents will reacquire legal and physical custody of the child upon the determination of the Respondents that they can resume these obligations. 6. The parties agree and desire that this agreement become an order of court, any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 7. The parties agree that in making this agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year f!Cst above written. WITNESS: ~.~~ ~/;1st~- (Mr,,-- -;.-1: * 't :)~ J ~ ~'r--. L ,-/r~ rrJ f).hl.! ~ (SEAL) ~(lCm NO EAL) VO MO 0 Jt,t-L.. ANNA FRJTr' 'X. WILLIAM FRJTZ BY HIS MARK (SEAL) (SEAL) TRUE CO?Y FriOM REVORD 10 Testimony Wilell.'Cf, I t,")~3 unto set my haoo and the seal of :;atiJ Cwri at Ciilllskl, Pa, fhls J.Y!l- day OIO~ ~v,) ( 1~ 0... . ., I 1== "" . . APR 2 1 :WOO ~ . I , WILLIAM B. FRITZ Petitiooer/Intervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. GUSTA VO MORENO and AMY L. MORENO Petitioners CIVll.. ACTION ~ LAW 00-2502 CIVIL TERM v. ANNA FRITZ and WILLIAM FRITZ, Respondents IN CUSTODY PETITION TO INTERVENE AND PEnnON ON BEHALF Of INTERVENOR FOR SPECIAL RELIEF IN NATUltE OF ANEMER.GENCY CUSTODY ORDER TO PRESERVE THE STATUS QUO PENDING A BEARING IntervenorlPetitioner seeks to intervene in the above custody proceeding and requests this coun to revoke its order of April 24, 2000 (attached as Exhibit "An) and enter an order awarding . him legal and physical custody of the six year old Child Alea Cheyenne Fritz, and in support thereof avers as follows: 1. IntervenorlPetitioner is William B. Fritz, an adult individual with an address of8 Banbury Road, Hummelstown, Dauphin County, Pennsylvania ("hereinafter sometimes Intervenor/Grandfather). Intervenor/Grandfather is the father ofWiIliam Fritz (a.k.a, William B, Fritz, Jr., hereinafter sometimes "Father"), one of the Petitioners in the above referenced proceeding; the filther-in-Iaw of Anna Fritz (a.k.a. Ana Maria Moreno Fritz, hereinafter sometimes "Mother"), also one of the Petitioners in the above reverenced proceeding; and the paternal grandfather of A1ea Cheyenne Fritz, the natural child of the Petitioners (hereinafter "Child"), Intervenor/Grandfather has had physical custody of the Child since March 14, 2000. and was appointed Guardian ofthe Child by the Mother for school purposes on March I J " - .....- - """""'" "", lj jj~f, . . 29,2000, See attached Exhibit "B." 2. Mother and FlI.ther Petitioners in the above proceeding are adult individuals and residents of the state ofQaIifornia with a pennanent residential address of6 Hidden Valley Road, Monrovia, California 91016. Father is incapacitated and an incompetent as the result of a massive stroke suffered FeblUary 27,2000. Mother is incompetent and an unfit parent as a result of chronic alcoholism. 3. Respondems in the above Proceeding are Gustavo Moreno (hereinafter sometimes "Uncle"), the brother of the Mother and the child's maternal uncle, and Uncle's Wife Amy L. Moreno (hereinafter sometimes "Aunt"). 4. The Mother and Father Petitioners and the Uncle and Aunt Respondents submitted to the jurisdiction of this court when they filed the Stipulation and Agreement dated April 20" . . 2000, which formed the basis for this courts order of April 24, 2000. See Exhibit A S. The Stipulation arid Agreement intentionaOy omitted several material facts which impact greatly on the welfare and bests interests of the child, and which compel this court to reconsider and revoke its order, as follows: a. At the time ofhis stroke, the Father was the principal caretaker ofthe Child because of the severe chronic alcoholism of the Mother. The alcoholism is so severe that it has resulted in numerous arrests for driving under the influence of alcoho~ the suspension of her driving license, arrests for public drunkenness, previous institutionaIizations for detoxification programs, and so forth. The Mother in the Stipulation and Agreement acknowledged her inability ''to fully meet her parental responsibilities at 2 > ~ - ~" ~>~, - "'__Uc~.h"" WH.LlAM B. FR:ITZ Petitionerllntervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANlA v. GUSTA VO MORENO and AMY L. MORENO Petitioners : : CIVIL ACTION - LAW : 00-2502 CIVIL TERM v. . . ANNA FRl1Z and Wn.LJAM FRITZ. Respondents . . IN CUSTODY ORDER AND NOW, this ZSU' day of April, 2000, upon consideration oftbe Petition to Intervene and Petition for on Behalf on Intervenor for Special Re1iefin Nature of an Emergency Custody Order to Preserve the Status Quo Pending a Hearing, the following Order is entered regarding the Child, AIea Cheyenne Fritz: 1. The request of William B. Fritz is to intervene in this matter is granted. 2. The order dated and entered April 24, 2000, is revoked 4. Intervenor Wtlli~ B. Fritz is grant~!1al and physical custody of the child until _ further order of this Court. tt1'( f(^"~ ~i; r\11Y \~b~1 I>, ~1V')I1 \ . The Petitions and Respondents shall take no further action to take custody of the child without order of this Court. 3. 5. The Police of any or all appropriate authorities shall enforce this Order upon presentation of a certified copy thereof By the Court IsI k.i!lkl-L d <IU<UJ 1. 10 r~.~.i;: :."',,"..':'....~>. . .' '. -- > - '~>"~""'""'" In Te.st:;r:Oil" ,"-'. . ,.: . . ',' . '." ", / .. .....'. '- ., '. '. .0,. ". ' l and tho S:-JI (",;' ._ _ ,'.... . ~;. - ; ~ i..;-' i:l.tc .. '-. tJ. .....L:.: '~.:.!r~- ':'."i 1~':'t,:':;'2, ;>3. This..9?f...... Ciiy ~i ~ ~ ."...."..,,_t,i?u'A~ "/~. . ~."J~ /i' ~ ~~ ._..........,~:~~ - ~~~ -- -, ~~ - ~- lrt'l1:J,j " , 29, 2000, See attached Exhibit "B." 2. Mother and Father Petitioners in the above proceeding are adult individuals and residents of the state of California with a permanent residential address of 6 Hidden Valley Road, Monrovia, California 91016. F;lther is incapacitated and an incompetent as the result ofa massive stroke suffered February 27, 2000. Mother is incompetent and an unfit parent as a result of chronic alcoholism. 3. Respondents in the above Proceeding are Gustavo Moreno (hereinafter sometimes 'lInc\e"), the brother of the Mother and the child's maternal uncle, and Uncle's Wife Amy L. Moreno (hereinafter sometimes "Aunt"). 4. The Mother and Father Petitioners and the Uncle and Aunt Respondents submitted to the jurisdiction of this court when they filed the Stipulation and Agreement dated April 20" 2000, which formed ~e basis for this courts order of April 24, 2000. See Exhibit A. 5. The Stipulation arid Agreement intentionally omitted several material facts which impact greatly on the welfare and bests interests of the child. and which compel this court to reconsider and revoke its order, as follows: a. At the time of his stroke, the Father was the principal caretaker of the Child because of the severe chronic alcoholism of the Mother. The alcoholism is sp severe that it has resulted in numerous arrests for driving under the influence of alcohol, the suspension of her driving license, arrests for public drunkenness, previous institutiona\izations for detoxification programs, and so forth. The Mother in the Stipulation and Agreement acknowledged her inability "to fully meet her parental responsibilities at 2 - .-, .-~. ..._a.\ this time" but recited only the Father's disability without any details oCher own disability. b. The Father's massive brain hemorrhage resulted in his placement in a rehabilitation facility/nursing home in California and he is totally unable to function on any competent physical or mental level, and is totally dependant on his care-givers, including the Mother. c. The Mother failed to properly care for the Child after the Father's stroke, and finally reco~ her inability to care for the Child when the school at which the Child was enrolled in California threatened to involve the social service agencies and place the child in an alternate home. Accordingly, with the encouragement of her sister Rachel in California, and her Mother in Carlisle, she c91led the Intervenor{Grandfather (who had recently returned from a visit with the family in California) and asked him to take custody of the Child, to which he (and his wife Cathy and their 15 year old child Angela) immediately agreed. d. The Mother put the child on a plane to Baltimore on March 14, 2000, tbe Grandfather picked her up and has continuous custody of her since that date. e, The Child was enrolled immediately and is presently enrolled in first grade in an elementllIY school in the Lower Dauphin School District, Dauphin County, Pennsylvania. f. The Mother executed a ''Certification of Guardianship for School 3 .,. ~ . '0 $.Il!;:,', Purposes" on March 29, 2000, a true and correct copy of which is attached as Exhibit "B". Mother also furnished a copy of Child's birth certificate to Grandfather to furnish to the school. See Exhibit "C." g. Since arriving in Pennsylvania, Child has not been visited by Mother or Uncle or Aunt or any other of Mother's family. h. On April 11, 2000, Mother called Grandfather and told him she was coming to Harrisburg the week before Easter and would be picking up the Child to take her home. Grandfather told her he would not relinquish custody until Mother had gotten herself back into an alcohol rehabilitation or detoxification program and was "on the wagon" for several months. Grandfather had'rtlCeived a calI just a few days earlier from the Monrovia Police Department inquiring about the welfare of the Child because the Mother had been arrested again for public drunkenness, alerting Grandfather to the Mother's continuing alcohol problems. When told of his decision, Mother became hysterical and irrational and threatened to kidnap the Child and do whatever she had to do to get the Child back. 1. Grandfather has had conversations with the Mother's mother in Carlisle, Irene Moreno, and the Mother's sister Rachel Moreno in California, both of whom agree the Mother should not be permitted to regain custody of the Child, and who also do not believe the Child's custody should be transferred to the Uncle or Aunt. j. The Uncle did calI the Grandfather on one occasion and request a visit with 4 the Child at Uncle's horne, to which Grandfather agreed only ifhe carne to pick up the Child with Irene Moreno, the mother of both Mother Ana and Uncle, to which Uncle agreed because he had not seen the Child in years, and was unknown to both the Child and Grandfather. The visit. however, was never arranged or made or made by the Uncle. 6. On Monday, April 24, 2000, Grandfather was called by Uncle and told tbat Uncle "had an order" and Grandfather was to make immediate arrangements to transfer the Child to Uncle and Aunt. Grandfather had no notice prior to this time that a Stipulation and Agreement had been signed or that an Order was to be requested. 7. Grandfather immediately called his lawyer, the undersigned" and after inquiry, the undersigned was faxed a copy of the Stipulation. and Agreement, and Order, the next morning (Tuesday, April 25, 20000 by Mark D, SchwartZ,. Esq., the laWyer for the Mother, Father, Uncle and Aunt. In a telephone conversation which took place that day, all the above facts were relayed to Mr. Schwartz by tbe undersigned and a request made for a meeting of all concerned to talk: about the unfortunate situation and tIy to reach an agreement concerning what was best for the Child, considering all she had already been through. Mr. Schwartz indicated he had not been aware of the arrangements that were already in place for the Child and would talk to his clients and get back to the undersigned. The undersigned made it absolutely crystal clear that he would file an immediate petition to have the order revoked if the Uncle and Aunt were going to make any attempt to take the Child and Mr, Schwartz gave his assurances that no steps were contemplated and guaranteed no such action would be initiated without giving the undersigned advance notice and an opportunity to file a Petition for Special Relief. 5 ~ I nl.. 8. The parties through their lawyers verbally agreed that Grandfather would continue to enjoy physical custody of the Child and keep the Child in her current school until the parties could meet and talk. Late the afternoon of Wednesday, April 26, 2000, the lawyers agreed to a meeting today, Friday, April 28, 2000, at 3:30 P.M. in Carlisle, The next morning, Grandfather's lawyer left a message with Mr. Schwartz requesting the meeting be changed to Monday, May I, 2000, to accommodate a prearranged trip with the Child to a skating competition in Washington, D.C., but indicated that;Friday would be acceptable although inconvenient. 9. Mr. Schwartz did not reply to the undersigned. Instead, the Uncle and Aunt retained a so-called Cortstable and went unannounced and without notice with the Constable and their "Pastor" to the Gr!'Jl~father's house, demanded entl)' and demanded the Child be turned over immediately. The <!Jr~dfather refused, called the undersigned who talked to the Constable and convinced him to lellVeimmediately with the others, which he did. 10. The undersigned called Mr. Schwartz, who acknowledged he had previous knowledge of his clienbintentions, although he "did not realize that these actions were being taken", and who acknowledged he did not keep his word and advise the undersigned of his clients change of position. He also would otTer no guarantee that his clients, the Uncle and Aunt, would not take further unilateral action to take custody of the Child. 11. The Grandfather believes his son, the Father ofthe Child, is without the mental capability to make any competent decision about the Custody of the Child, and if he could, would never agree to move the Child from Grandfather to an Uncle who is practically a stranger to the Child.. 12, The Father's "mark" is not notarized on the Stipulation and Agreement and 6 .1 ,"I ,~ T, . . Grandfather believes it was fraudulently placed there by Mother. 13. The Grandfather believes the intentions of the Uncle and Aunt were not to retain custody of the Child considering her best interests, but use the Court order as a ruse to obtain the Child and return her to her Mother, in spite of the known unfitness of the Mother. 14. The Mother, Uncle and Aunt intentionally and fraudulently concealed the above facts from this Court in procuring the Order of April 24, 2000, and in attempting to enforce the order through the offices of a slate constable, all for an improper purpose and in derogation of the bests interests oftbe Child, the lawful rights of the Grandfather, and the laws of the Commonwealth governing abuse of process. 1 S. The best interests and welfare of the minor child will be served by granting the relief requested: The child has been nurtured and cared for sinceMar.::h 14, 2000, by Grandfatber and due to the child's tender age and for all the reasons stated above, it would be ill the best interest of the child to maintain the status quo and not alter the current arrangement until this matter can be fully heard by this Court. 7 ~ ~.'&~1li, . . . , , WHEREFORE, IntervenorlPetitioner requests that this court enter an Order pennitting lntervenorlPetitioner to intervene in this proceeding and granting IntervenorlPetitioner legal and physical custody of the minor child until such time that the custody case may be heard, and specifically ordering the Petitioners and Respondent to comply with the same and cease all efforts to take custody of the child. Respectfully submitted, Date: April 28, 2000 MlLSPAW & BESHORE B'WCW Luther E. Milspaw, Jr" Esquire . AttorneY 1:0. No. 19226 130 State Street \ P,O. Box 946 Harrisburg, P A 171 08 (717) 236-0781 Attorneys for IntervenorlPetitioner 8 '^l=- .~ , ~ nm'_'"' 'llI-'ij . . . , . Wll.LIAM B. FRITZ PetitionerlIntervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. GUSTA VO MORENO and AMY 1,. MORENO Petitioners . . : CIVIL ACTION - LAW : 00-2502 CIVIL TERM v. : ANNA FRIlZ and WILLIAM FRITZ, : Respondents IN CUSTODY Verification The above-named IntevenorlPetitioner, William B. Fritz, verifies that the statements made in the above Petition are true and correct. The petitioner understands that false statements herein ar~ made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. April 28, 2000 9 n , ",",.;,,-".1 . . . , . WILLIAM B. FRITZ PetitionerlIntervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNT\', PENNSYLVANIA v. GUSTA VO MORENO and AMY L. MORENO Petitioners : . . CIVIL ACTION - LAW 00-2502 CIVIL TERM v. ANNA FRITZ and Wll..LIAM FRITZ, Respondents IN CUSTODY . . CERTIFICATE OF SERVICE The undersigned certifies that he served a copy of the foregoing document on the attorney for Petitioners and Respondents by fax. before filing on Friday, April 28, 2000, and by hand delivery immediately after filing. MILSPA W & BESHORE Date: April 28, 2000 '1/ / By ( V~ I Luther E. Milspaw, Jr., Esquire \ 11 ~~. . ~ ~ ~ , . . . . WILLIAM B. FRITZ PetitionerlIntervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : v. GUSTA VO MORENO and AMY L. MORENO Petitioners . . : CIVIL ACTION - LAW : : 00-2502 CIVIL TERM v. ANNA FRITZ and WILLIAM FRITZ, : Respondents : IN CUSTODY ORDER AND NOW, this 28th day of April, 2000, upon consideration of the Petition to Intervene and Petition for on Behalf on Intervenor for Special Relief in Nature of an Emergency Custody Order to Preserve the Status Quo Pending a Hearing, the following Order is entered regarding the Child, Alea Cheyenne Fritz: 1. The request ofWtlliam B. Fritz is to intervene in this matter is granted. 2. 1'he order dated and entered April 24, 2000, is revoked 3. Intervenor WiI1~ B. Fritz is granted le~al and physical custody of the child until _ further order of this Court. Ah'( f(N\t, ~~ fl1.i( \I'€..b\\p--( I\. ~1\tP\ \ The Petitions and Respondents shall take no further action to take custody of the child without order of this Court, 4. 5. The Police of any or all appropriate authorities shaU enforce this Order upon presentation of a certified copy thereof. By the Court - is/ ~tkCbc d. 'fU4<.? J. 10 .,.::.~:~j~ r~.::.;'~' v',.. '.l ,......... :"" in h~""J.moj~1 .,'"".:. <11"'-/ ., '. . rf:.. "t.:' r>.f ;~L',i:d IU Tii~ s8al 0;' ~:~'.'..i'> '. .....~" . .........- -_.->..::, ~.: '~~.:.\::2 ;;',3 Thi3 ....r:;2~H._r.."y t);'~:, ~ ..."......H~nz_...j<,.~ ,(2.,--71 Pr",'h'-)r.,,<'.:,:~ ~7 ... "''''',,-:/ , -,"""""'~ I~ ~ -...~".~~,~- . .. .. . .~ . . .' CERTIFICATE OF SERVICE I the undersigned hereby certify that on this 2nd day of May, 2000, a copy of the Petition for Special Relief on Behalf of Respondents, Anna Fritz and William Fritz, Jr., for the Scheduling of a Hearing was served by first-class, postllge prepaid United States mail in Carlisle, Pennsylvania upon the following: Luther E. MiIspaw, Esquire MILSP A W & BESHORE 130 State Street, P. O. Box 946 Harrisburg, Pennsylvania 17108 Gustava Moreno and Amy 1. Moreno I Clay Road Carlisle, Pennsylvania 17013 'zr::;GDFB Mark D. Schwartz, Esquire ,.;;-~.... b~_ .= .' -~ -~"",. " WILLIAM B. FRITZ, Petitioner/Intervenor v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA GUSTAVO MORENO and AMY L, MORENO, Petitioners v. : CIVIL ACTION - LAW : ANNA FRITZ and WILLIAM FRITZ, 00-2512 CIVIL TERM Respondents IN CUSTODY ORDER OF COURT AND NOW, this .3teA dayof 1/7~,. ,2000, upon consideration of the attached Petition for Special Relief, it is ordered that a hearing will be held on '1&n~- .;z 7, 2000, at {l" 3cJ iL.M. in Courtroom No. ~ in the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, .5' '1-00 'R 1< .3 'FiLED-OI-1'fCE a,r,- r.:': 'y)nn, iO"OT.'Arnt '" ".'! I 1\ i"\J'\l 00 11,& Y -If Ai1 8: 0 I ;,. ;r,!;-;,:.:::.: .- ,':'. ('i-,u~,ri\l LoL.:I"iI.....~~i "..r-.;'-:L,) v'"" l'li J PENNSYLVA.'!!A -J\''Il'_ltI\Irr - ...~. ."' ~" " WILLIAM B. FRITZ, PetitionerlIntervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW GUSTA VO MORENO and AMY L. MORENO, Petitioners 00-2502 CIVIL vs. ANNA FRITZ and WILLIAM FRITZ, Respondents IN CUSTODY ORDER AND NOW, this o.~ -, day of May, 2000, hearing in the above captioned matter set for June 28, 2000, is rescheduled for Friday, June 9, 2000, at 1 :30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Luther E. Milspaw, Esquire For PetitionerlIntervenor /Ii Mark D. Schwartz, Esquire For Respondents ~.~ .5" }C)-()O KKS Gustavo Moreno and Amy L. Moreno 1 Clay Road Carlisle, PA 17013 FJI.f:T}OfFlCE N' .., ,- "y.-., """OTARY . -,. ! ." "1- ~: !,." ',,' . .. . -,."-". 00 'f.",v 1 0 Ml 8: OS r' ::J, ..:..,. ""I', 1(',111111'( ...,l\...t\,....~.l...... ~ ..... ...I-.oV .. PEN:'JS'tLI/"\N!.<\ ~- .~ .. -~Q, ~. . .J. ". ~q WILLIAM B. FRITZ PetitionerlIntervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANJA v. GUSTA VO MORENO and AMY L MORENO Petitioners : CIVIL ACTION - LAW : 00-2501 CIVIL TERM v. ANNA FRITZ and WILLIAM FRITZ, Respondents IN CUSTODY PETITION (REVISED)lTO INTERVENE AND PETITION ON BEHALF or , .' I INTERVENOR FOR SPEClt\L RELIEF IN NATURE OF'AN EMERGENCY CUSTODY ORDER TO PRESlERVE THE STATUS OUO PENDING A HEARING IntervenorlPetitioner seeks to intervene in the above custody proceeding and requests this court to revoke its order of April 24, 2000 (attached as Exhibit "A") and enter an order awarding him legal and physical custody of the six year old Child Alea Cheyenne Fritz, and in support thereof avers as follows; 1. IntervenorlPetitioner is William B, Fritz, an adult individual with an address of 8 Banbury Road, Hurnmelstown, Dauphin County, Pennsylvania ("hereinafter sometimes Intervenor/Grandfather). Intervenor/Grandfather is the father of William Fritz (a.k.a. William B, Fritz, Jr" hereinafter sometimes "Father"), one of the Petitioners in the above referetlced proceeding; the father-in-law of Anna Fritz (a.k.a, Ana Maria Moreno Fritz, hereinafter sometimes "Mother"), also one of the Petitioners in the above reverenced proceeding; IThis Revised Petition corrects certain non-material factual errors in the original Petition filed with the Court on April 28, 2000. The revisions are noted in h!l!l! font. 1 ..~ ~ -~'" _:;;~lt_~'- and the paternal grandfather of AIea Cheyenne Fritz, the natural child of the Petitioners (hereinafter "Child"). Intervenor/Grandfather has had physical custody of the Child since March 14, 2000, and was appointed Guardian of the Child by the Mother for school purposes on March 29,2000. See attached Exhibit "B," 2. Mother and Father Petitioners in the above proceeding are adult individuals and residents of the state of California with a permanent residential address of 6 Hidden Valley Road, Monrovia, California 91016, Father is incapacitated and an incompetent as the result of a massive stroke suffered February 27, 2000. Mother is incompetent and an unfit parent as a result of chronic alcoholism. 3. Respondents in the above Proceeding are Gustava Moreno (hereinafter sometimes "Uncle"), the brother ofthe Mother and the child's maternal uncle, and Uncle's Wife Amy L. Moreno (hereinafter sometimes "Aunt"), 4, The Mother and Father Petitioners and the Uncle and Aunt Respondents submitted to the jurisdi~ion of this court when they filed the Stipulation and Agreement dated Apri120, 2000, which fonned the basis for this courts order of April 24, 2000, See Exhibit A. 5. The Stipulation and Agreement intentionally omitted several material facts which impact greatly on the welfare and bests interests of the child, and which compel this court to reconsider and revoke its order, as follows: a. At the time ofbis stroke, the Father was the principal caretaker of the Child because of the severe chronic alcoholism of the Mother. The alcoholism is so severe that it has resulted in numerous arrests for driving 2 under the influence of alcoho~ the suspension of her driving license, arrests for public drunkenness, previous institutionalizations for detoxification programs, and so forth. The Mother in the Stipulation and Agreement acknowledged her inability "to fully meet her parental responsibilities at this time" but recited only the Father's disability without any details of her own disability. b. The Father's massive brain hemorrhage resulted in his placement in a rehabilitation facility/nursing home in California and he is totally unable to function on any competent physical or mentalleve~ and is totally dependant on his care-givers, including the Mother. c, The Mother failed to properly care for the Child after the Father's brain hemorrhaie. and finally recognized her inability to care for the Child when the school at which the Child was enrolled in California threatened to involve the social service agencies and place the child in an alternate home. Accordingly, with the encouraiement of her sister in California. Rachel Moreno Perez. . and her Mother in Carlisle. the Intervenor/Grandfather (who had recently returned from a visit with the family in Geol'iia), the Mother Ana throueb her sister asked Grandfather to take custody of the Child. to which he (and his wife Cathy and their fuear old child Angelah) immediately agreed. 3 -~=- ,.~ '_.,~.~"",,<t_ d, Rachel Moreno Perez. the Child's aunt. with the permission ofthe Mother. Ana, put the child on a plane to Baltimore on March 14, 2000, the Grandfather picked her up and has continuous custody of her since that date. e" The Child was enrolled immediately and is presently enrolled in first grade in an elementary school in the Lower Dauphin School District, Dauphin County, Pennsylvania. f. The Mother executed a "Certification of Guardianship for School Purposes" On March 29, 2000, a true and correct copy of which is attached as Exhibit "B". Mother also furnished a copy of Child's birth certificate to Grandfather to furnish to the school. See Exhibit "c," g. Since arriving in Pennsylvania, Child has not been visited by Mother or Uncle or Aunt or any other of Mother's family. h, On Aprilll, 2000, Mother called Grandfather and told him she was coming to Harrisburg the week before Easter and would be picking up the Child to take her home. Grandfather told her he would not relinquish custody until Mother had gotten herse1fback into an alcohol rehabilitation or detoxification program and was "on the wagon" for several months. Grandfather had received a call just a few days earlier from the Monrovia Police Department inquiring about the welfare of the Child because the 4 -."" ,- . I """-jij Mother had been found drunk aod uneonscious in the street and had been taken to a local hospital. alerting Grandfather to the Mother's continuing alcohol problems. When told oChis decision, Mother became hysterical and irrational and threatened to kidnap the Child and do whatever she had to do to get the Child back. i, Grandfather has had conversations with the Mother's mother in Carlisle, Norma Moreno, and the Mother's sister Rachel Moreno Perez in California, both of whom agree the Mother should not be permitted to regain custody of the Child, and who also do not believe the Child's custody should be transferred to the Uncle or Aunt. j. The Uncle did call and talked to the Grandrather's wife, Cathy~, on one occasion and requested a visit with the Child at Uncle's home, to which Cllthy Frila agreed only ifhe came to pick up the Child with Norma Moreno. the mother of both Mother Ana and Uncle, to which Uncle agreed because he had not seen the Child in years. The Uncle was unknown to both the Child and Grandfather. The visit, however, was never arranged or made by the Uncle. 6. On Monday, April 24, 2000, Grandfather returned a call from Uncle and:>>:u told by Uncle that he "had an order" and Grandfather was to make arran;ements to t1lUl.Sfer the Child to Uncle and Aunt. Grandfather, who had no notice prior to this time that a 5 "~ , L-",_"",-,;o;~r_; Stipulation and Agreement had been signed or that an Order was to be requested, refused and requested a copy of the order be sent to his attorney. the undersigned. 7, Grandfather immediately called his lawyer, the undersigned, and after inquiry, the I I undersigned was faxed a cOpy of the Stipulation and A+eement, and Order, the next morning (Tuesday, April 25, 20000 by Mark D. Schwartz, Esq., the lawyer for the Mother, Father, Uncle and Aunt. In a telephone conversation which took place that day, all the above facts were relayed to Mr. Schwartz by the undersigned and a request made for a meeting of all concerned to talk about the unfortunate situation and try to reach an agreement concerning what was best for the Child, considering all she had already been through. Mr. Schwartz indicated he had not been aware of the arrangements that were already in place for the Child and would talk to his clients and get back to the undersigned. The undersigned made it absolutely crystal clear that he would file an immediate petition to have the order revoked if the Uncle and Aunt were going to make any attempt to take the Child and Mr. Schwartz gave his assurances that no steps were contemplated and guaranteed no such action would be initiated without giving the undersigned advance notice and an opponunity to file a Petition for Special Relief. 8. The parties through their lawyers verbally agreed that Grandfather would continue to enjoy physical custody of the Child and keep the Child in her current school until the parties could meet and talk Late the afternoon of Wednesday, April 26, 2000, the lawyers agreed to a meeting today, Friday, April 28, 2000, at 3:30 P.M. in Carlisle. The next morning, Grandfather's lawyer left a message with Mr. Schwartz requesting the meeting be changed to Monday, May 1, 2000, to accommodate a prearranged trip with the Child to a skating competition in Washington, 6 11 )j'j D,C., but indicated tlmt Friday would be acceptable although inconvenient. 9. Me, Schwartz did not reply to the undersigned. Instead, the Uncle and Aunt retained a so-called Constable and went unannounced and without notice with the Constable and their "Pastor" to the Grandfather's house, demanded entry and demanded the Child be turned over immediately. The Grandfather refused, called the undersigned who talked to the Constable and convinced him to leave immediately with the others, which he did. 10. The undersigned called Mr. Schwartz, who acknowledged he had previous knowledge of his clients intentions, although he "did not realize that these actions were being taken", and who acknowledged he did not keep his word and advise the undersigned of his clients change of position. He also would olTer no guarantee that his clients. the Uncle and Aunt, would not take further unilateral action to take custody of the Child, 11. The Grandfather believes his son. the Father of the Child, is without the mental capability to make any competent decision about the Custody ofthe Child, and ifhe could, would never agree to move the Child from Grandfather to an Uncle who is practically a stranger to the Child.. 12. The Father's "mark" is not notarized on the Stipulation and Agreement and Grandfather believes it was fraUdulently placed there by Mother. 13. The Grandfather believes the intentions of the Uncle and Aunt were not to retain custody of the Child considering her best interests, but use the Court order as a ruse to obtain the Child and return her to her Mother, in spite of the known unfitness of the Mother. 14. The Mother, Uncle and Aunt intentionally and fraudulently concealed the above 7 -. ,~ ~ n"',,'., facts from this Court in procuring the Order of Apri124, 2000, and in attempting to enforce the order through the offices of a state constable, all for an improper purpose and in derogation of the bests interests of the Child, the lawful rights of the Grandfather, and the laws of the Commonwealth governing abuse of process. 15. The best interests and welfare of the minor child will be served by granting the relief requested. The child has been nurtured and cared for since March 14, 2000, by Grandfather and due to the child's tender age and for all the reasons stated above, it would be in the best interest of the child to maintain the status quo and not alter the current arrangement until this matter can be fully heard by this Court. WHEREFORE, IntervenorlPetitioner requests that this court enter an Order pennitting IntervenorlPetitioner to intervene in this proceeding and granting IntervenorlPetitioner legal and physical custody of the minor child until such time that the custody case may be heard, and specifically ordering the Petitioners and Respondent to comply with the same and cease all efforts to take custody of the child. Date: May 9, 2000 m"ed, J: SH By: t LutherE. Milspaw, Jr., Escuire Attorney I.D, No. 19226 130 State Street P.O. Box 946 Harrisburg, P A 17108 (717) 236-0781 Attorneys for IntervenorlPetitioner 8 .E- - WILLIAM B. FRITZ Petitiooer/Intervenor v. GUSTAVO MORENO and AMY L MORENO Petitioners v. ANNA FRITZ and WILLIAM FRITZ, ReapoJldents ,j - . ,-. 'w, : IN THE COURT OF COMMON l'LEAS OF : CUMBERLAND COUNTY, l'ENNSYLVANIA : . . , . : CIVIL ACTION - LAW . . : 00-2502 CIVIL TERM . . . . IN CUSTODY . , Verification The above-named Intevenor/Petitioner, William B. Fritz, verifies that the statements made in the above Revised petition are true and correct. The petitioner understands that false statements herein are made subject to the penalties of 18 Pa.C.S. fi4904 relating to unsworn falsification to authorities. Date: 4~/tJ!J \J~Jl~\j . E1:zt William B. Fritz ....3....-., Intevenor/Petitioner' U- 9 ~~_....- ~ " -" "~~1~~ WILLIAM B. FRITZ PetitionerlIntervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v. GUSTA VO MORENO and AMY L. MORENO, Petitioners : : CIVIL ACTION . LAW . . v. . . : 00-2502 CIVlL TERM . . ANNA FRITZ and WILLIAM FRITZ, Rellpolldents : IN CUSTODY . . NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.11 WILLIAM B. FRITZ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) date from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. Ifno objection is made the subpoena may be served.. Date: JI( vJ Luther E. Milspaw. Jr" Esquire Supreme Ct.1D 19226 130 State Street, P,O, Box 946 Harrisburg, PA 1710&-0946 Attorney for Plaintiff I "~ ,', " '-""",-,,"",;: WILLIAM B. FRITZ PetitionerlIntervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v. GUSTA VO MORENO and AMY L. MORENO, Petitioners . . . . . . CIVn. ACTION . LAW : v. : : 00-2501 CIVIL TERM . . ANNA FRITZ and WILLIAM FRITZ, Respondents : IN CUSTODY . . NOTICE TO: Dr. Gail Grant, Principal The Mayflower Elementary School 210 North Mayflower Monrovia, CA 91016 You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WIm SUBPOENA PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, certifY to the best of my knowledge, infonnation and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. Date: -" '_-.L~~ _"~ .1' .... WILLIAM B..FRlTZj PetitioDerllnterveDor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUN'IY, PENNSYLVANIA v. GUSTA VO MORENO, and AMY L. MORENO . , CIVIL ACTION - LAW v. : 00-2502 CIVIL TERM ANNA FRITZ and WILLIAM FRITZ, Respondents IN CUSTODY SUBPOENA TO ~RODUCEDOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO.RVLE 4009.22 TO: Dr. Gail Grant, Principal The Mayflower Elementary School 210 North Mayflower Monrovia, CA91016 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or 1bings: any and all documents, including student evaluations, home evaluations, school psychologist/guidance counselor evaluations, ett" on file with the Mayflower Elementary School regarding A1ea Cheyenne Fritz, social semrity number 612.74-3761 and/or her mother Ana Maria Moreno Fritz, social security nUDIber, 566-55-4382,last knOWD address being 6 Hidden Valley Road, Monrovia, Los Angeles County, California !l1016 at the offices of Mils paw & Beshore. 130 State Street, PO. Box 946, Harrisburg, PA 17108-0946. Yau may deliver or mail legible copies of the document or produce things requested by this subpoena, tllgether with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the I. ~'~ . ,~ ,-,-,;. . , . things sought. If you fiill to produce the documents or things required by the subpoena within twenty (20) days afer its service, the party serving this subpoena may seek a court order compeUing you to comply with it. TIllS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Date: S OJ uJ Y~G LJther E. Milspaw. Ir., MILSPAW & BESHORE I.D. # 19226 130 State Street Harrisburg, PA 17101 (717) 236-0781 AITORNEY FOR: WILLIAM FRITZ DATE: (1l:J..., /O,:2..c:)OO Seal of the Court BYnIE COURT: BY N fL,+."J ?_~ (Prothonotary) ~n~JP~~ (Deputy) F:\L!lM\DOM\FlUTZ\AI.. Frilz'SubpoenaoSchooJ OS-OS.QO -~"""\- WILLIAM B. FRITZ peduonernntervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : GUSTA VO MORENO and AMY L. MORENO, Petitioners CIVIL ACTION - LAW v. 00-2502 CIVIL TERM . . ANNA FRITZ and WnUAM FRITZ, Respondents IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this IJ~ay of May, 2000, I, Elizabeth M. Gable, Legal Assistant to Luther E, Milspaw, Jr., Esquire. hereby certify that I this day selVed the foregoing Intent to SelVe Subpoena by depositing the same in the U.8, mail, postage pre-paid, at Harrisburg, Pennsylvania addressed as fonows: Gustavo Moreno and Amy L. Moreno One Clay Road Carlisle, PA 17013 Mark D. Schwartz, Esquire Irwin, McKnight & Hughes West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Date: nur /.;2{ d tJdO BY: E~J11.~ t~ , "' ......,~ , L ," WILLIAM B. FRITZ PetitionerlInterveDor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v. . . GUSTA VO MORENO and AMY L. MORENO, Petitioners : : CIVIL ACTION . LAW . . v. . . : 00..2502 CIVIL TERM : ANNA FRITZ aDd WILLIAM FRITZ, : Respondents : IN CUSTODY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 WILLIAM B. FRITZ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) date from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. Ifno objection is made the subpoena may be served.. Date: S I) cD de Luther E. Milspaw Jr., Esquire Supremect.DD 9226 130 State Street, P.O. Box 946 Harrisburg, P A 17108-0946 Attorney for Plaintiff -,"" , -~-~ . , =~""'-"',.u..,J.,. WILLIAM B. FRITZ Peduonernntervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. GUSTA VO MORENO and AMY L MORENO, Petitioners . . CIVIL AcrION - LAW : v. : 00-1501 CIVlL TERM ANNA FRITZ and WILLIAM FRITZ, : Respondents IN CUSTODY NOTICE TO: Monrovia Police Departll1ent Attention: Cannen Acosta 140 East Lime Avenue Monrovia, CA 91016 You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena, CERTIFICA1E OF COMPLIANCE Wlm SUBPOENA PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, certi1Y to the best of my knowledge, jnformation and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. Date: c:' - I " . "" ~"' . ," WILLIAM B. FRITZ, PetitionerlIntervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : : GUSTAVO MORENO, llnd AMY L MORENO . . , . : ClV:n. ACTION - LAW v. . . : 00..2502 CIVJL TERM ANNA FRITZ and WlLLIAM FRITZ, Responden" . . IN C\JSTODY : SUBPOENA TO PR.ODUCE DOCUMENTS OR. TfDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MOlU'Ovia Police Department Attention: Cannen Acosta 140 East Lime Avenue MolU'Ovia, CA 91016 Within twenty (20) days after scrvic:c of this subpoena, you are ordered by the court to produce the following documents or things: any and aU documents 011 me witb the Monrovia Police Department regarding ODe ADa Maria Moreno Fritz, socialseturity number, 566-55-4382, last knoWD address beiDz 6 Hidden Valley Road, Monrovia, Los ABgdes County, CaIi{ornia 91016 at the offices of Milspaw & Beshore, 130 Slate Street, PO. Bolt 946, Harrisburg, PA 11108-0946. You may deliver or mail legible copies of the document or produce 1hiugs requestN by this SIlbpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the tIlings sought If you firil to produce the documents or things required by the subpoena within twenty (20) days - '-- '~ . ~ ~~ -', . afer its -Wee, the party serving this subpoeoa may seek a court order compelling you to comply with it. nns SUBPOENA WAS ISSUED AT TIlE REQUEST OF TIlE FOLLOWING PERSON: Daw: '5 9 &\) fL~Yl~ MILSPAW &. BESHORE . 1.0. i# 19226 130 State Street Harrisburg, PA 17101 (717) 236-0781 ATTORNEY FOR: WILLIAM FRITZ DATE:. fYl::J'{ 1QI ~ Seal of the Court BY THE COURT: BY: ;s;(j",-kJ~~ (prothonotary) B~ d~/p (Deputy) F:\LEIdIDOM\FRlTZWea FritzlSubpoena-PoGcc OS-Cll-OO -~""._---- - ~ =" ,~~ "' . , WILLIAM B. FRlTZ PetitionerlIntervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. GUSTA VO MORENO and AMY L. MORENO, Petitionen CIVIL ACTION - LAW v. 00-2502 CIVIL TERM ANNA FRITZ and WILLIAM FRITZ, Respondents IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this I )~ay of May, 2000, I, Elizabeth M. Gable, Legal Assistant to Luther E. Milspaw, Jr., Esquire, hereby certify that I this day served the foregoing Intent to Serve Subpoena by depositing the same in the U.s. mai~ postage pre-paid, at Harrisburg, PeJUlsylvania addressed as follows: Gustavo Moreno and Amy L. Moreno One Clay Road Carlisle, PA 17013 Mark D. Schwartz, Esquire Irwin, McKnight & Hughes West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Date: Y"Yta;. /;1{ ;)Od1> BY: f!;~blerJ;-g~ "~.."..- "- -1., WILLIAM B. FRITZ Petitioner/Intervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. GUSTAVO MORENO and AMY L MORENO, Petitioners . . . . . . CIVIL ACTION - LAW v. : : 00-2502 CIVIL TERM . . ANNA FRITZ and WILLIAM FRITZ, Respondents : IN CUSTODY . . CERTIFICATE OF SERVICE AND NOW, this 12th day of May, 2000. I, Elizabeth M, Gable, Legal Assistant to Luther E. Milspaw, Jr., Esquire. hereby certifY that I this day served the Petition (Revised) to Intervene and Petition on Behalf QfIntervenor for Special Relief in Nature of an Emergency Custody Order to Preserve the Status Quo Pending a Hearing by depositing the same in the U,S. mail, postage pre-paid, at Harrisburg, Pennsylvania addressed as follows: Gustava Moreno and Amy L. Moreno One Clay Road Carlisle, PA 17013 Mark D. Schwartz, Esquire Irwin, McKnight & Hughes West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Date: May 12, 2000 BY: Vh_.HA L ......._!1<!;" WILLIAM B. FRITZ, Petitioner/intervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Y. : CIVIL ACTION.-LAW GUST A VO MORENO and AMY L. MORENO, Petitioners : 00-2502 CIVIL TERM y, ANNA FRITZ and WILLIAM FRITZ, Respondents : IN CUSTODY PRAECTPE TO ENTER APPEARANCE Please enter my appearance on behalf of Petitioners Gustava Moreno and Amy L. Moreno. ~._-- L '''''''-''''''''''''~:8: 0 Cl n ~ C.:l -n ,- -ac- e::: "'li~D rnd-; -"... .~ ~~i> I .:'", t--' 1'" ' ~,~ U><.-' ',~\l:> ~..:~ t<C:: ::s " or. .,-,~ -:D ~}~ F~ :.:.._~ ,"~) -'-rn "'PC L- Sd ,- ~ ? ?:; ..D W -< _~_. u d~" _~ ~~ ~- "'...." WILLIAM B, FRITZ PetitionerlIntervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. GUSTA VO MORENO and AMY L. MORENO, Petitioners . . CIVIL ACTION - LAW v. . . : 00-2502 CIVIL TERM . . ANNA FRITZ and WILLIAM FRITZ, : Respondents : IN CUSTODY CERTIFlCATE PREREQUISITE TO SERVICE OF A SUBPOENA , PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, William A Fritz, Plaintiff, certifies that 1. A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, 2. certificate, A copy of the notice of intent. including the proposed subpoena, is attached to this 3. No objection to the subpoena has been received, and 4, The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. By \ II, II' June 7, 2000 ~\vL Luther E, Milspaw, Jr., Attorney for Plaintiff -" ~ WILLIAM B. FlU1'Z PetitioncrlIntervcnor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v, GUSTAVO MORENO and AMYL MORENO, Pctitionen . , . . . . CIVIL ACI10N . LAW : v, . . : Oo-ZS02. CIVIL TERM . . ANNA FRrl'Z and WILLIAM FlUTl., Respondents . . IN CUSTODY rl Q ,'-' ~ L:> ~fI -.- . -:r ,....t. ."'. .... ,",-' .......#. ...,.. NonCE 011' JNTENr TO SERVE A SVBPOENATO PRODUCE DO~A.!D ,-~ THINGS FOR DISCOVERY PURSUANT TO RULE 4009.:n !::!: - CJ1 :f: !~~ ,~ ., "'t) ~l ";n -.. :cif :-f~ ..- p~ WILLIAM B. nm:z intends to serve a subpoena identical to the one that ~~ t~ =< ./:" ~ this notiC!', You have twenty (20) date from the date listed below in which to Iile of record and , . serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served.. Date: S II W MlLSPAW,.t BESHORE Supreme Ct. m 19226 130 State Street,. P.O. Box 946 Harrisburg, PA 17108-0946 Attorney for PlAintlft' " ........1 r'M~o . . . . . ., WILLIAM B. n.rrz. PetitioDerlInterveaor : IN THE COOT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. . . . . GUSTAVO'MOltENO. od AMY L. MORENO . . : . . : CIVILACDON-LAW v. . . : OD-25OZ CIVIL TERM . . ANNA FlU'l'ZaDd WJLLL\M FRD'Z, RespoDdeDu . . IN CUSTODY . . SUBPOENA TO PRODUCE DOCUMENTS 08. TIIIlITGS FOll DJSC()VEB.Y~AN1TO ROLE 400!J-n TO: Dr. Gail Grant, Principal The Mayflower SaIIentuy School 210 North MayflOWer Monrovia. CA 91016 Within WIemy (20) da,s after service of1his SlJbpoeDa. JCU lIIC Ofdt.,Qd by the court to pnxlucc tile fbIIowiDg dilcumeats or tbiDgs: Ill)' ud aD dOClllllellts, iDdudiDl student evllaatiOllS, home evahaIIiDlIS, school plychologistllllidllllCe coUDSCIor evlluatioDs. etc., 011 fde with the Mayflower EIementIry School reprdiDg AIea CheyeIme Fritz, social security nlUllber 612-74-3761111d1or her mother Ana Maria Moftllo JriIz, SDciaI seauit)' number. S66-5S-4382, last Imowa address belD& , mddea Valley B.nd, MODrow., Los Aoples CoUDty. Califonaia 91016 at the offices oCMilspaw &: Beshore. 130 State Street. PO. Box 946. Harrisburg, PA 17108.gg46. Y 011 may clcUver or mailleziblc copies oftbc document or produce things requcstcd by this subpoeaa. togilther with the c:erti&ate of compliance. to tile party matiDg this requect at the address tisted abcm. You have the right to _ ill advance the reasonable costoCprepariDg the copies or producing the ~~-. ~~ ,~=" .........~ , . I, -:!i. . . . . . tlliIl,$ soqIJt. If you f.U110 produce die cluc:dilatS O1'thinp requinld by the subp<<lIa within twad:y (20) days - its service, the party rerviag Ws subpoeaa may seek a court order eompeIIiDg you 10 c:omply with it nus SUBPOENA WAS ISSUED AT THEREQUEST OF THE FOLLOWING PERSON: Date;SOJIAJ A1TORNBY' FOil: WlLUAMFRITZ DAD: (II"'>>'f 10, 2.c>>() Seal oftlJc Caurt BVnmCOVllT: BY, ;S;aU1-kJ r.~ (P1'Otl1oaoWy) ~~04J ~p. ~tkAh~ (Deputy) F:IT..IlMIDOM\FR Frilz\Subpocae.$ch os.os.oo ~ L ~.~ .,,~ ~".~ .1.'-~ ~. - ""'-"""""","'1<ll"",,,",11$!.r WILLIAM B. FRITZ PetitioJaerlIaterYeaor : IN THE COnT OF COMMON PLEAS OF : C1JMBERLAND COUNTY, PENNSYLVA!\IL\ . . v. GUSTAVO MORENO and AM."l L. MORENO, Petitionen . . . . . . CIVIL ACl10N.- LAW . . v. . . : 06-2502 CIVJL TERM . . ANNA I'RIl'Z and WILLIAM FRI'IZ, : Respondeats IN CUSTODY . . CERTIFICATE OF SERVICE .... AND NOW, this I~~day of May. 2000,1, Elizabeth M. Gable, Legal Assistant to Luther E. MlIapaw,lr., Esquire, hereby c:ertit)o that I this day served the fbregoing Intent to Serve Subpoena by depositing the same in the U.S. mail, postage ~paid, at Harrisburg. Pennsylvania IIddresaed as follows: Gustava Moreno and Amy L. Moreno One Clay Road Carlisle, PA 17013 MarkD. Schwartz, Esquire Irwin, MeKnight &: Hughes West Pomfi'et Professional Building 60 West Pomfi'et Street Carlisle, PA 17013 Date: ~ 1~('(JtltfJ BY: rLAdrVh- J/~ ~ethq;.-~le- ~,"--~. L , " '=.1r C)L;~. ~.~, u~J ~'." r;( ; ::.:"... " -.:;: C - r::.~:. (' " ", ~. :'.:: () C :?- -< c, <=) ") ;1., ,- r:-: :.e: I {Xi .~1 ,,'-;--) 7? . '1\ -),.' '. ~. l'r; ...J -~;~ ~ -:..) <T> ''''~~'''i,,-i I I I I I , ~L'-! ',', . ~. J .~.~~. ~- ~_. ", WILLIAM B. FRITZ Petitionerllntervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v. . . GUSTA VO MORENO and AMY L. MORENO, Petitioners : . . CIVIL ACTION - LAW : v. : 00-2502 CIVIL TERM : ANNA FRITZ and WILLIAM FRITZ, Respondents IN CUSTODY CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AI. a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, William A Fritz, Plaintiff, certifies that 1. A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, 2, certificate, A copy of the notice ofintent, including the proposed subpoena, is attached to this 3. No objection to the subpoena has been received, and 4. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. By r 11M ~, II J June 7, 2000 \)1 "YV Lut er E. Milspaw, J Attorney for Plaintift' . ~ >,~ ~..._.~ ~" ~ .c_ ~~ '-"""'IlI): WILLIAM B. FRITZ PetitionerlIntervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . , v. . . GUSTA VO MORENO and AMY L MORENO, Petitionen CIVIL ACTION - LAW ANNA FRI.TZ and WlLLIAM FRITZ, Respondents [! g 0 <' .. ,);.,' .'J<: ,cot I'I/r':' :~!a r: -.". -c ! "fJJ i;;;(~ U1 ::it9 ~.;.:' ',.10 ~ -. .,., .j-;o. .-:;-', , ;'-):H -.-Cl :::: ..-c') :to ~.; ~ ~rn NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOcVMikr~~ THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 . . 00-2502 CIVIL TERM v. . . . . , . IN CUSTODY WILLIAM B. FRITZ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) date from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served.. , , Date: ~ 11 W LUther E. Milspa , J , Esquire Supreme Ct. ID 26 130 State Street, .0. Box 946 Harrisblirg, PA 17108-0946 Attorney for Plaintiff .,,-,~' .. ., .,,~~ WILLIAM B. FRITZ Petitioner/lntervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. GUSTAVO MORENO and AMY L MORENO. Petitioners . . . . . . CIVu.. ACl'ION - LAW . . v. : : 00-2502 CIVIL TERM : ANNA FRITZ and WILLIAM FRITZ, Respondents . , IN CUSTODY , . NOTICE TO: Monrovia Police Department Attention: Cannen Acosta 140 East Lime Avenue Monrovia, CA 91016 You are required to complete the following Certificate of Compliance when producing doc:uments or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 J, certifY to the best of my knowledge, infonnation and beJiefthat aU documents or things required to be produced pursuant to the subpoena issued on have been produced. Date: '._--.,"'~~ " ~ ~. ." '" """P1~~ ""(if>. , 1 ,. WILLIAM: B. FRITZ, PetitioaerlInterveaor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. , . . . GUSTA VO MORENO, aad AMY L MORENO . . : . . : CIVIL ACI'ION - LAW v. . . : 110-2502 CIVIL TERM . . ANNA FR1TZ and WILLlAM FRlTZ, Rapoadeats : IN CUSTODY . , SUBPOENA TO PRODUCE DOCt1MEN'TS OR THINGS FOR DISCOWIlV PURsUANT TO ~1JLE 400!l.11 TO: Monrovia Police Department . Attention: Carmen Acosta 140 East Lime Avenue Monrovia, CA 91016 Wilhin tweuty (20) days after SCl'Vicc of this subpoena, you are ordered by the court to produce the fuIlowiog cfocumI:n'" or~: lID)' ami aU doClUllll!llts Od me with the Monrovia Police DepaJtmellt regardiDJ ODe ADa Maria Moreao Fritz, sodal security Dumber. 566-554381, last Imown address beia: Ii Bidden Valley Road, MODrow.. Los AnJeles County, Cairoraia ~1016 at the offices of Milspaw" Be3bore, 130 State Street, PO. Box 946. Harrisburg, PA 17108.0946. You may deli1'er or mail legible copies of the docwaent or produce things requested by this subpoellll, together with the certificate of compliam:e. to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost ofpreparilli the copies or produciDa the tIaiugs sought. If you Uil to produce the documents or things required by the subpoena within twenty (20) days "= -~ -.~ "~ ,- .~~ - '.""'mu...,!c; . . its service, dill party serviag tIIis subpoell8 may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUEl> AT TIlE REQUEST OF THE FOLLOWING PERSON: Date: "5 9 oJ ~ ~ .Mi~ MILSPAW&BESHORE ' I.D. ## 19226 130 State Stn:et Harrisburg. PA 17101 (111) 236-01S1 ATIORNEY FOR: WILUAM FRITZ DATE: (Y/:::J'i IO,2nob Seal oftbc Court BYrnE COURT: BY: N(j.,;;k.J~4 (ProthODOIaly) B'k. d~I-/P (Deputyt F:\LIlMlOOM\PRlt Fri1l!SulJpocna-Policc 0S-4841 "'...;.;--'~, ,~, ,~"~ "~"- - " ~~'*""'"" WILLIAM B, FRITZ Petitioner/lntervenor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. GUSTAVO MORENO and AMYL. MORENO, Petitioners , . ; . . CIVIL ACTION - LAW . . v. . . : 00-2502 CIVIL TERM . . ANNA FRITZ and WILLIAM FRITZ, Respondents . . IN CUSTODY : CERTIFICATE OF SERVICE AND NOW, this , ~ay of May, 2000, I, Elizabeth M. Gable, Legal Assistant to Luther E. Milspaw, lr., Esquire, hereby certifY that I this day served the foregoing Intent to Serve Subpoena by depositing the same in the U.S. mail, postage pre-paid, at Harrisburg, Pennsylvania addressed as follows: Gustavo Moreno and Amy L. Moreno One Clay Road Carlisle, PA 17013 Mark D. Schwartz, Esquire Irwin, McKnight & Hughes West Pomfret Professional Building 60 West pomfret Street Carlisle, PA 17013 Date: ~ (~, ~ BY: r J-.;.,.tJ~ W - ~ ElizablftliM. Gable ' _.~. ". ~i ,~ o ~.~ ""'(),..: 2~ t~...... Ci\: : ~~~: ~ -< ~ _-Me, (~-) c ~-- ,'-, -01 I r;::. ~.;,..- :..) cr. ;.::.; ::::::J -< -"-'" ,-" . - ....~ " , . . -""..: WILLIAM B. FRITZ, Plaintiif IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GUSTAVa MORENO, and AMY L. MORENO, Petitioners 00-2502 CIVIL TERM V. ANNA FRITZ and WILLIAM FRITZ, Respondents IN CUSTODY IN RE: VISITATION ORDER OF COURT AND NOW, this 9th day of June, 2000, this matter having been called for hearing, it is ordered and directed that shared legal custody of Alea Fritz, born July 22nd, 1993, shall be between William Fritz, Sr., Anna Fritz, and Gustava Moreno subject to the following periods of physical custody: 1. Physical custody of the child between June 10th to July 2nd, and from July 31st to August 21st, shall be in Gustava Moreno and Amy L, Moreno, and from July 3rd through July 30th in William Fritz, Sr. Liberal telephone contact between the child and the non-custodial party shall be permitted. In addition, the then custodial party shall permit at least one weekend visit in the then non-custodial party during any period of physical custody. .""-~~ "- ,'. run J'''.' /;; v . '...;, ... -, -~ , """"'--,;t,. ~f'( ,':,.,', fl. I r: u. ..;,; C'ft' . ". L:lll';;"'I".'-1' ,~: t'; f '{-;' I.'\!~ty ........- ~ '...- ..,:.....';1. i PENNS\'LWi/'IYi . __'o~ ~~ .', -, 2, The mother, Anna Fritz, shall be permitted liberal visitation with the child upon reasonable notice on condition that she be sober, and that she not drink and drive when with the child, 3. Under no circumstances shall any party hereto remove the child to the State of California unless all of the legal custodians shall agree to the contrary, Further hearing herein is set for Monday, August the 21st, 2000, at 9:30 a.m. Pending same, the parties will agree to the selection of a custody evaluator who will, at a minimum, conduct a home study of the parties and an evaluation of the child. The costs of said evaluation to be advanced by William Fritz, Sr., without prejudice to him to seek an allocation of the costs among the other parties to this matter. By the Court, Mark D. Schwartz, Esquire For Respondents ^~ 00 ~ \;~{7 Luther E. Milspaw. Esquir For the Petitioner/Intervenor 'rJJ n A. Hess, J. James K, Jones For petitioners :mae ..>1l'N'~~~. .~ -~~ -~-c, ; WILLIAM B. FRITZ, SR., Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. GUSTA VO MORENO and AMY L, MORENO, Respondents : CML ACTION - LAW : NO. 00-2502 vs. ANA FRITZ, Petitioner and WILLIAM B. FRITZ, Respondent : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Ana Fritz, by and through her counsel of record, Bradley 1. Griffie, Esquire and petitions the Court as follows: 1. Your Petitioner is Ana Fritz, an adult individual currently residing at 527 West Foothill Boulevard, #5, Monrovia, Los Angeles County, California. 2. Respondent, William B. Fritz, is an adult individual currently residing at 8 Banbury Road, Hummelstown, Dauphin County, Pennsylvania. 3. Respondents, Gustava Moreno and Amy L, Moreno, are adult individuals currently residing at 1 Clay Road, Carlisle, Cumberland County, PeIlllSylvania. 4. Respondent, William B. Fritz, Sr., is an adult individual currently residing at 8 Banbury Road, Hummelstown, Dauphin County, Pennsylvania, 5. Petitioner and Respondent, William B. Fritz, are the natural parents of Alea Cheyenne Fritz, born July 22, 1993. ,. ~~ ~~..." ~"~ -. - .1 - ~ . : ,~.- 6. Respondents, Gustava Moreno and Amy L. Moreno, are the maternal aunt and uncle of the child. 7. Respondent, William B. Fritz, Sr., is the paternal grandfather of the child. 8. The parties are subject to an Order of Court dated October 10, 2002, which is attached hereto and incorporated herein by referenced as Exhibit "A." 9. Petitioner is a recovering alcoholic and had previously encountered various medical difficulties, some of which were associated with her alcoholism. 10. Due to Petitioner's alcoholism and other related problems, the parties, in the past have agreed to arrangements as set forth in the attached Court Order, wherein Petitioner has had contact with her daughter but that contact has been supervised. 11. Petitioner has been free from any alcohol use or consumption of any nature for a period of twelve (12) months and has confirmation from her physician that she does not have any diseases or illnesses that could in any way affect her daughter. 12. Petitioner is gainfully employed with ISU Valley Insurance Services in Covina, California. 13. Petitioner has the support of her primary internist, Glenn M. Koteen, and her counselor, Kasey C. with Impact Drug and Alcohol Treatment Center, relative to her abilities to provide care for her daughter for periods of physical custody. '"" - , " , -- - '"", 14. It is in the best interest and permanent welfare of the child to have additional periods of contact with Petitioner and, more particularly, to have the opportunity to have unsupervised contact with Petitioner, 15. Petitioner has an appropriate home and otherwise is able to care for the needs of her child, Alea, who is ten (10) years of age and has a strong bond and an appropriate relationship with Petitioner. 16. It is in the best interest and permanent welfare of the child to expand Petitioner's periods of partial custody to include unsupervised contact while Petitioner is in the Commonwealth of Pennsylvania. WHEREFORE, Petitioner requests your Honorable Court to schedule a conciliation conference, followed by a hearing if necessary, and enter an Order accordingly, Respectfully submitted, 9Jn/o3 Date ---""""'12 L. ~qUire ..... ttomey for Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 """,..,10'''''0"'0' ""0'0_ _"L,., C,=_ ~- '" . .~," VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities, DATE: Q)lt)03 ~ ~i!. ~~~~z. Petitioner "'''~'"'~ ~ y~ i ~ _" . . - 1 '" '-~~'~~l!:o'",1 OCT 0 8 ,.002 WILLIAM B. FRITZ, SIt, Pctitio ncrl/ntcl'\' eMr IN THE COURT OF COMMON PLEAS OF, CUMBERLAND COUNTY, PENNSYLVANIA " GlISTA VO MORENO and AMY L. MORENO, Petitioners : CIVIL ACTION - LAW : NO. 00 - 2502 CIVIL " ANNA FRITZ and WILLIAM B. FRITZ, Respondents IN CtlSTODY COURT ORDER AND NOW, this In t;;: day of October, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that all prior custody orders entered in the above case are vacated and the following order is entered: 1. The natural Father, William B, Fritz, Jr., and the paternal grandparents, William B. Fritz, Sr, and Kathy Fritz, along with the natural Mother, Anna Moreno Fritz, shall enjoy shared legal custody of the minor child Alea Cheyenne Fritz, born July 22, 1993. 2. The Father and paternal grandparents shall enjoy primary physical custody of the minor child. 3, The Mother shall enjoy periods of temporary physical custody with the minor child as follows: A. When the Mother returns to Pennsylvania from California and upon reasonable notice to the Father and paternal grandparents, Mother shall enjoy at least 48 hours of temporary custody with the minor child on the condition that the maternal aunt and uncle, Gus and Amy Moreno, shall be present with the Mother while she has custody of the minor child. B. At such other times as agreed upon by the parties. EXHIBIT j II A" ;__' -"~- ,C .........,..,_~G_,~~..~ . - - "lffioc_! 4. The Father and the paternal g.'andpaJ'ents shall ensure that the minor child continues to enjoy a healthy J'elationship and reasonable contac( with the Mother's family in Pennsylvania including the maternal aunt and uncle, Gus and Amy Moreno, and the maternal grandmother, Norma Moreno. 5. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event either paliy desires to modify this order, that party may petition the comi to have the C3-<;e again scheduled with the custody conciliator for a conference. BY THE COURT, .Jsl1ri~ Q. J~ Ite\.in A. Hess J. cc: Bradley L. Griffie. Esquire Luther E. Milspaw, Esquire Mr. and Mrs, Gustavo Moreno 1 Clay Road Carlisle, PA 17013 'tRue COpy FROM RECORD JII rEl!!t';~.o,::~ ~ii"";~;!,. I hltre unto om my hand a~ t~ 't;' . ""', (!jar! at Carii$kl Pa. T.Ili~ "", cl(Pa;.J.. . -'."_w1..t 'lJiL Ul _ .JbtJ..L ,- ",/4' a. "I~.:;;;;- ~(), 'Vl.JtJUA. '....,..'~. PrDthonotar~ ,.,N<-.... , I "' -, WILLIAM B. FRITZ, SR., Pcti tion c r/l n tcrvcn 0 r IN THE COlIRT OF COMMON PLEAS OF CUMBERLAND COIJNTY, PENNSYLVANIA v GUSTAVO MORENO and AMY L. MORENO. Pctitioncrs : CIVIL ACTION. LAW : NO. 00 - 2502 CIVIL v ANNA FRITZ and WILLIAM B. FRITZ, Rcspondents IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Alea Cheyenne Fritz, born July 22, 1993. 2. A Conciliation Conference was held on October 3, 2002, with the following individuals in attendance: The Father, William B. Fritz, Jr., and the paternal grandparents William B. Fritz, Sr. and Cathy Fritz, with their counsel, Luther E. Milspaw, Esquire. Also present were Bradley L. Griffie, Esquire who is attorney for the Mother Anna Fritz. 3, Through counsel, the parties agreed to the entry of an order in the fOrnl as attached. I D I CJ>! () ~ DA~E 1l.f:!!..0 w.u'" Custody Con~;~r "''"~ ""'. ~-~"<.".c;,i ,-. , ", .", , --6 ~ ~ (\ J, I -- ..::: I -t ~ .." .J I I,.' I,: ,... .'.... '\oj ~ ~ ).l I " " 0 i I \ I "...,~ ..1 ,"ij"""", WILLIAM B. FRlTZ, SR, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COlJNIT, PENNSYLVANIA v. 00-2502 CIVIL ACTION LAW GUSTA VO MORENO AND AMY L. MORENO YS. ANA FRITZ, PE1TI10NER AND WILLIAM B. FlUTZ, RESPONDENT DEFENI)ANT IN CUSTODY ORDER OF COURT AND NOW, Monday, September 22, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respeclive counsel appear before ~acqueline M. Verney, Esq, , the concilialor, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, October 20, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children al1;C 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 conrt hereby directs the parties to furnish auy and all existing 'Protection from Abnse orders, Special Rellef orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT. By: {sl Jacqueline 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 aboul 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 lhe scheduled conference or hearing. yOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE. GO TO OR TELEPHONE TIffi OFFICE SET FORlH 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 .:'/ . , ,'.:,.': ,\:::1:' :'., ,. ":'; ,':': '--.~. ,", ,\,.:,; . tJ-;1da3 &d~~?J4~ f.;;;,a.'~J Yl~ ~ ~ ~ tJ.;I;) -OJ e'?y ~ ~ 4" tht. .~ P- . :-';;I:;.'Wll .,., - . ,.~,. ~~ ~-' -.. ~~- " to __ " -'*"'!- Lu1her E. Milspaw, Jr., Esquire Attorney LD. No. 19226 130 State Streel Harrisburg, P A 17] 0 I (717) 236-3141 Voice; (717) 236-079] Fax LMmoaw(a)M!3LawFinn.com Attorney for Plaintiffs WILLIAM B. FRITZ, Jr., WILLIAM B. FRITZ, Sr., and CATHERINE M. FRITZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : Docket No, 00-2502 : CIVIL ACTlON- LAW : IN CUSTODY ANA MARIA MORENO FRITZ, Respondent : Previously assigned to Judge Hess PETITION TO TRANSFER CUSTODY ACTION TO DAUPHIN COUNTY. PENNSYLVANIA AND NOW come William B. Fritz, Jr" William B. Fritz. Sr. and Catherine M. Fritz, by and through their counsel, Luther E. Milspaw, Jr., Esquire, and file this Petition to Transfer this Custody Action to Dauphin County, Pennsylvania, and in support thereof state as follows: 1. Petitioner. William B. Fritz, Jr. ("father"), is an adult individual who resides at8 Banbury Road, Hwnmelstown, Dauphin County, Pennsylvania, and has resided there continuously since July 2000. He is the estranged husband of Respondent Ana M. Fritz ("mother") and the father of the minor child Alea Cheyenne Fritz ("child"), born July 22, 1993, who is the subject of this petition. 2. Petitioner, William B. Fritz, Sr. ("grandfather"), is an adult individual who resides at 8 Banbury Road, Hummelstown, Dauphin County, Pennsylvania, and has resided there continuously since 1984. He is the father of William B. Fritz, Jr. and the paternal grandfather of the child.. 1 -""- ~~ ~~ - - ~' ~ ~-~'~-'''"".: 3, Petitioner, Catherine M, Fritz ("grandmother"), is an adult individual who resides at 8 Banbury Road. Hummelstown, Dauphin County, Pennsylvania, and has resided since 1984. She is the step-mother of father, wife of the grandfather, and the paternal grandmother of the child. Grandfather and grandmother have been the primary caretakers of the child on a day to day basis since March 14, 2000. 4. Respondent, Ana M. Fritz ("mother") is an adult individual believed to be residing at 527 W. Foothill Boulevard, #5, Monrovia, Los Angeles County, California, She is the mother of the child and the estranged wife of father. 5. Father suffered a serious stroke on February 27, 2000, as a result of which he became permanentlypartially disabled. At the time, he resided with the mother and child in California. Although his rehabilitation bas been excellent and he is somewhat self-sufficient, he is still dependent on others. When discharged from hospitalization in July 2000, mother was unable to care for him and he was moved to Pennsylvania to reside with grandfather and grandmother. It is anticipated he will continue to do so indefInitely. 6. Mother is a long term chronic alcoholic who in February, 2000 was experiencing serious medical difficulties which rendered her unfit and incompetent as a parent. Her chronic alcoholism was so severe that it had resulted in numerous arrests for driving under the influence of alcohol, the suspension of her driving license, arrests for public drunkelUless, several previous unsuccessful attempts at residential detoxification programs, and so forth. Prior to his stroke, father had concluded that mother could not care for the child by herself, and when on business trips, would place the child with an overnight babysitter rather than leave her alone with mother. 2 ,;,'*-~~~ ~ - , I," M . . 7. Following the stroke of father, mother failed to properly care for the child. In March 2000, grandfather received a call from the principal of child's school in California, requesting that he come to California and take custody of the child, The principal infonned him that she could not turn the child over to her mother as she had shown up at the school intoxicated. The principal infonned grandfather that ifhe did not come and get the child, she would have to call Social Services. Grandfather contacted mother's sister. Rachel. who resides in California, and infonned her of the situation. Shortly thereafter, Rachel called grandfather and asked ifhe would take custody ofthe child. He agreed, provided no one in the Moreno family objected. Rachel stated that the family had discussed this and felt that the best place for the child was with the grandfather and grandmother, Accordingly, Rachel put the child on a flight to Baltimore and grandfather picked her up at the airport. 8. The child has resided continuously with her grandparents in Dauphin County, from March 14, 2000 to the present. She has been enrolled in South Hanover Elementary School, Union Deposit, Dauphin County, for that entire period. She is currently in the fifth grade, The mother executed a "Certification of Guardianship for School Purposes" on March 29, 2000, and also furnished a copy of child's birth certificate to grandfather to furnish to the school. 9. On Aprilll, 2000, mother called grandfather and told him she was coming to Harrisburg the week before Easter and would be picking up the child to take her back to California, Grandfather told her he would not relinquish cUlltody until the mother had gotten herself back into an alcohol rehabilitation or detoxification program and was "on the wagon" for at least a year. Grandfather had received a 3 .~-- ~-~." .- ~ i call just a few days earlier from the Monrovia Police Department inquiring about the welfare oithe child because of mothers continuing alcohol problems. 10, The Court of Common Pleas of Cumberland County initially took jurisdiction of this custody proceeding in April 2000, when the maternal uncle and aunt, Gustavo and Amy L. Moreno, at the instance of mother, sought custody of the child. At that time, the child had been residing in Dauphin County for less than a month, father was still hospitalized in California and had not yet joined her at the grandparent's home. No objection was raised or could have been raised at that time to venue in Cumberland County, Pennsylvania. II. Subsequently, on July 9. 2000, an Order was entered by this Honorable Court by The Honorable Kevin A. Hess, directing that shared legal custody of the child shan be between grandfather, mother and the maternal uncle. A copy of that Order is attached hereto as Exhibit A. 12. Father and mother have been separated since father's discharge from hospitalization in July 2000 and are parties to a divorce action in Dauphin County, Pennsylvania captioned at Court of Common Pleas Docket No.1886 S 200 I. 13. On October 10, 2002, upon Stipulation of the Parties, all prior custody orders were vacated and an Order was entered again by The Honorable Kevin A Hess, ordering shared legal custody to the father, grandfather, grandmother and mother. Primazy physical custody was awarded to father, grandfather and grandmother, with periods of temporary physical custody with the mother when she visits in Pennsylvania, on the condition that the maternal aunt and shall be present with the mother while she has custody of the minor child. A copy of that Order is attached hereto as Exhibit B. 4 ~';C-~ ~~~"- ~ "-- - . ,.-, ""'lnlb.:t;' 14. On or about September 17, 2003, a Petition was filed by mother, claiming she had been alcohol free for a year and expressly seeking extended periods of unsupervised contact with the minor child when the mother is in PelUlSylvania. The Petition further implies that the mother is seeking custody of the child for unspecified periods in California. 15. Since March, 2000 mother has visited the minor child only once at the child's home in Dauphin County, but Iuls visited on a few occasions with the minor child at the home of the maternal uncle and aunt, subject to their supervision. 16. All witnesses concerning the child are in Dauphin County, including all those associated with her home, school, church and social activities. 17. Petitioners are not aware of any witnesses in Cumberland County whose testimony would be relevant in this custody proceeding, other than the maternal uncle and aunt, whose testimony would be limited to the times the child has visited with them and mother, 18, Pursuant to 23 Pa.C.S.A. ~5364, the provisions ofthe statutory custody sub- chapter relating to jurisdictional issues by and among courts of different states, are applicable to jurisdiction and venue issues between and among the Courts of Conunon Pleas of this Commonwealth. 19, Pursuant to 23 Pa. C.S.A. ~5344, jurisdiction of this child custody matter should be transferred to Dauphin County for the following reasons: A. Dauphin County is the home county of the child and has been the continuous home county of the child since March 14, 2000; 5 ,~'~~~ ',_.., , c~, ^ L ."1 14. On or about September 17. 2003, a Petition was filed by mother, claiming she had been alcohol free for a year and expressly seeking extended periods of unsupervised contact with the minor child when the mother is in Pennsylvania. The Petition further implies that the mother is seeking custody of the child for unspecified periods in California IS. Since March, 2000 mother has visited the minor child only once at the child's home in Dauphin County, but hils visited on a few occasions with the minor child at the home of the maternal uncle and aunt. subject to their supervision. 16. All witnesses concerning the child are in Dauphin County, including all those associated with her home, school. church and social activities. 17. Petitioners are not aware of any witnesses in Cumberland County whose testimony would be relevant in this custody proceeding. other than the maternal uncle and aunt, whose testimony would be limited to the times the child has visited with them and mother, 18, Pursuant to 23 Pa.C.S.A. ~5364, the provisions of the statutory custody sub- chapter relating to jurisdictional issues by and among courts of different states, are applicable to jurisdiction and venue issues between and among the Courts of Common Pleas of this Commonwealth. 19. Pursuant to 23 Pa. C.S.A. ~S344. jurisdiction of this child custody matter should be transferred to Dauphin County for the following reasons: A. Dauphin County is the home county of the child and has been the continuous home county of the child since March 14, 2000; 5 ,,-~.~~< . ""-I" . .-.-1 i I I B. The child lives in Dauphin County in the same household with the father and paternal grandparents, who are the most significant connections that the minor child has with anyone, including her mother; C. All substantial evidence concerning the present and future care, protection, training and personal relationships ofthe child is available in Dauphin County, Pennsylvania, except as noted above; D. It is in the best interest of the child for Dauphin County to aSllUme jurisdiction of this child custody matter; 20. "The home state is the preferred basis for jurisdiction pursuant to UCCJA." Dincer v, Dincer, 549 Pa, 309, 316701 A.2d, 210, 213 (1997); 21. It is clear that Cumberland County was never and is not now the home county for venue or jurisdiction purposes of this child and that Dauphin County is the home jurisdiction of this minor child; 22. It is not in the best interest of the minor child for Cumberland County to retain jurisdiction of this matter. 23. For the reasons above stated, it is in the best interest of the child that Cumberland County should relinquish jurisdiction to Dauphin County. 24. Until this Petition is resolved, it is appropriate that any further proceedings, including the presently scheduled pre-hearing custody conference scheduled before the Conciliator Hubert X. Gilroy, Esq., on Thursday, November 20,2003 in Cumberland County, Pennsylvania, be stayed, WHEREFORE, Petitioners respectfully request this Honorable Court to enter an order relinquishing jurisdiction and transferring jurisdiction of this matter to Dauphin County, Pennsylvania. 6 ,,-- ~ ~ ~. October 14, 2003 ~-- ~, Respectfully submitted, ( G uG Luther . Milspaw, Jr., Esquire Supreme Court ID # 19226 130 State Street. P.O. Box 946 Harrisburg, P A 17108-0946 (717) 236-3141; FAX (717) 236-0791 Email: Lmilspaw@mblawfinn.com Attorney for Petitioners 7 " ~~ - """"""ilf.;_ WILLIAM B. FRITZ, Jr., WILLIAM B. FRITZ, Sr., and CATHERINE M. FRITZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Petitioners v. : Docket No. 00-2502 : CIVIL ACTION- LAW IN CUSTODY ANA MARIA MORENO FRITZ, Respondent VERIFICATION Subject to the penalties of I 8 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities, I hereby certify that I am one of the petitioners named in the foregoing petition, and that the facts set forth therein are true and correct to the best of my personal knowledge, infonnation and belief. ~lC William B. Fritz. Sr. ~- 8 ~,j. ". ~ ~~- ,',U-: WILLIAM D. FRITZ, Jr., WILLIAM D. FRITZ, Sr., and CATHERINE M. FRITZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. ., v. ANA MARIA MORENO FRITZ Respondent : Docket No. 00-2502 : CIVIL ACTION- LAW IN CUSTODY . . CERTIFICATE OF SERVICE AND NOW, this 14th day of October 2003, I, Elizabeth M, Patterson, Paralegal to Luther E. Milspaw, Jr., Esquire, hereby certify that I this day served the foregoing Petition by depositing the same in the U.S. mail, postage pre-paid, at Harrisburg, Pennsylvania addressed as follows: Bradley L. Griffie, Esquire Griffie & Associates 200 N. Hanover Street Carlisle, PA 17013 BY: 9L-luJAth.(9~ Eliza~MP~tterson 9 ,J""_~ - ~.~ .i -..LIlQ.!L1jllE,- . , WILLIAM B. FRITZ, Plaintiff IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GUSTAve MORENO, and AMY L. MORENO, pet.itioners 00-2502 CIVIL TERM V. ANNA FRITZ and WILLIAM FRITZ, Respondents IN CUSTODY IN RE: VISITATION ORDER OF COURT AND NOW, this 9th day of June, 2000, this matter having been called for hearing, it is ordered and directed that shared legal custody of Alea Fritz, born July 22nd, 1993, shall be between William Fritz, Sr., Anna Fritz, and Gustavo Moreno subject to the following periods of physical custody: 1, Physical custody of the child between June lOth to July 2nd, and from July 31st to August 21st, shall be in Gustavo Moreno and Amy L. Moreno, and from July 3rd through July 30th in William Fritz, Sr. Liberal telephone contact between the child and the non-custodial party shall be permitted. In addition, the then custodial party shall permit at least one weekend visit in the then non-custodial party during any period of physical custody. '.-~ ~~,~ .- :. .~ L 2. The mother, Anna Fritz, shall be permitted liberal visitation with the ~hild upon reasonable notice on condition that she be sober, and that she not drink and drive when with the child. 3. Under no circumstances shall any party hereto remove the child to the State of California unless all of the legal custodians shall agree to the contrary. Further hearing herein is set for Monday, August the 21st, 2000, at 9:30 a.m. ~ending same, the parties will agree to the selection of a custody evaluator who will, at a minimum, conduct a home study of the parties and an evaluation of the child. The costs of said evaluation to be advanced by William Fritz, Sr., without prejudice to him to seek an allocation of the costs among the other parties to this matter. By the Court, Ke . T'~er E. Milspaw, Esquir ~~"the petitioner/Intervenor ,'/lJ A. Hess, J. James K. Jones For Petitioners :mae nUf C01>Y t=~?~~ ~E;~~Oband \n lesti1l\On'/. whe~eof, \ '11 s;. liS\e., Pa, . and the $BlI' of said CDIl . '. .0.0 1.' '1 ~'/ ~f.... ';" fJff- lhi ;....~.... ~~..... . . " 1.. . ,.othonotari Mark D. Schwartz, Esquire For Respondents ~ "'''''\'< OCT 0 8 2002 WILLIAM B. FRITZ, SR., Petitionerllntervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v GUSTA VO MORENO and AMY L. MORENO, Petitioners ; CIVIL ACTION - LAW ; NO. 00 - 2502 CIVIL v ANNA FRITZ and WILLIAM B. FRITZ, ; Respondents IN CUSTODY COURT ORDER . AND NOW, this )0 --- day of October, 2002, upon consideration of the attached Custody Conciliatio~ Report, it is ordered and diredecI that all prior custody orders entered In the above case are vacated and the following order is entered; 1. The natural Father, Wllfiam B. Fritz, Jr., and the paternal grandparents, William B. Fritz, Sr. andKa~y Fritz, aloqg with the natural Mother, A.nna Moreno Fritz, shall enjoy shared legal custOdy of the minor child Alea Cheyenne Fritz, born July 22, 1993. 2. The Father and paternal grandparents shall el\ioy primary physical custody of the minor child. 3. The Mother shall ~oy periods of temporary physical custody with the minor child as follows: A. When the Mother returns to Pennsylvania from California and upon reasonable notice to the Father and paternal grandparents, Mother shall enjoy at least 48 hours of temporary custody with the minor child on the condition that the maternal aunt and uncle, Gus and Amy Moreno, shall be present with the Mother while she has custody of the minor child. B. At such other times asa~upon by the p.<trties. ~ ~ - '~. -;;;-! 4. The Father and the paternal grandparents shall ensure that the minor chUd continues to enjoy a bealthy relationship and reasonable contact with the Mother's carony in Pennsylvania including the maternal aunt and Wiele, Gus and Amy Moreno, and the maternal grandmother, Norma Morel1C). S, This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event either party desires to'modify this order, that party may petition the court to have the case again $4:heduled witb the custody conciliator Cor a conCerence. BY TIlE COURT, J$11~ 0. l.ku Kevin A. Hess J. cc: Bradley L. Griffie, Esquire Luther E. MUspaw, Esquire Mr. and Mrs. Gustavo Moreno 1 Clay Road Carlisle, PA 17013 TRUE COPY FROM RECORD 1ft T8Il\monY wherllOt, I here llnto SIt my IlaIId and th.. ~""I 01 <,;:lld Court at CarIlsl8. PI. UIU ......nL....,-. . .;I.ooit. ThI~ I/>~ day of~ (}'r" rL ~.Jo.....- .~. . ProthonCltarl -, --...... ~~ ~ "" " ,,"" WILLIAM B. FRITZ, SR., Petitionerflntervenor IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v GUSTA VO MORENO and AMY L. MORENO, Petitioners : CIVIL, ACTION. LAW : NO. 00 - 2502 CIVIL v ANNA FRITZ and WILLIAM B. FRITZ, : Respondents IN CUSTODY Prior Judge: Ke~n A. Hess CONCILIATION CONFERENCE SUMM~Y REPORT IN ACCORDANCE WITH TIlE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915,~), the undersigned Custody ConcUlawr submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as fonows: Alea Cheyenne Fritz, born July 22, 1993. z. A Conciliation Conference was held on October 3, 2002, with thtl following indi~duals in attendance: The Father, William B. Fritz, Jr., and the paternal grandparents William B. Fritz, Sr. and Cathy Fritz, with their counsel, Luther E. Milspaw, Esquire. Also present were Bradley L. Griffie, Esquire who Is attomey for the Mother Anna Fritz. 3. Through counsel, the parties agreed to the entry of an order in the form as attached. I () /9/ () ;J. DAt.;: H~~ Esquire Custody ~;~~r IIllIiiOil " . ~ ''''1' WILLIAM B. FRITZ, Jr., WILLIAM B. FRITZ, Sr., and CATHERINE M. FRITZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. Petitioners : Docket No, 00-2502 : CIVIL ACTION- LAW : IN CUSTODY ANA MARlA MORENO FRITZ, : Respondents : RULE TO SHOW CAUSE AND NOW, this to 2 J day of o.r.-..-- , 2003, upon consideration of Plaintiffs' Petition to Transfer Custody Action, a Rule to Show Cause is hereby issued upon Respondents Ana Maria Moreno Fritz, Gustava Moreno and Amy L. Moreno to show cause why the Petition should not be granted. -Mc'/u,-;y hilt:, all prucooUiu~. iH thi! illlltte,r to bo Stayed, ?t'~ RULE RETURNABLE 10 DAYS FROM SERVICE. BY THE COURT 4J- Distribution: Lklther E. Milspaw, Jr., Esquire, 130 State Street, Harrisburg, PA 17101 ~ey L. Griffie, Esquire, 200 N. Hanover Street, Carlisle, P A 17013 ~ R~S 10-:).3 ~~ .-,., .....')"/:'1'1 c::~: or-?' ~ .. ,~ j (i: ii): nr, ;J~ l:lk. . '" "..,. .'Ii' FEiV>:,S, \n''''f~\ "'h,.\ I" " _.~ O. .,oj , -.... WILLIAM B. FRITZ, SR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, 00-2502 CIVIL ACTION LAW GUSTA VO MORENO AND AMY L. MORENO VS. ANA FRITZ, PETITIONER AND WILLIAM B. FRITZ, RESPONDENT DEFENDANT IN CUSTODY ORD.ER OF COURT AND NOW, Tuesday, September 30, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X, Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 23, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children aj?;e 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 pennanent order. The court hereby directs the parties to furnish any and all existing Proteetion from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin!!. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq, Custody Conciliator v 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 "nus PAPER TO YOUR A1TORNEY AT ONCE, n~ YOU DO NOT HAVE AN A1TORNEY 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 (}: "r: .~:~L :;?:.;~~~~~~?~. , '" "',r\V . .-:r.1'lr 03 or.r - J :;)l, 3 I :l ..: I 7 CUM'c,.. ..J_:, "~"" '," PEi\H:i~;\;ir~f.:T,.;~tJfViY -L."1l\'l/"\ /O-j-03 &/t~/~;t; 4"~ /0/./'3 Yl~ ~ ~ 4, 5W~ IV/'O.J ~ ~4d~,t/.~# -,,- ~~ ,..-~ ~ ~ '"~. - ~ "_. ~ "~"~- ~I "'1 WILLIAM B. FRITZ, SR., PetitionerlIntervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v GUSTAVO MORENO and AMY L. MORENO, Petitioners : CIVIL ACTION - LAW : NO. 00 - 2502 CIVIL v ANNA FRITZ and WILLIAM B. FRITZ, : Respondents IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this Iitigatiolll is as follows: Alea Cheyeune Fritz, born July 22, 1993. 2. A Conciliation Conference was held on October 3, 2002, with the following individuals in attendance: The Father, Wiliiam B. Fritz, Jr., and the paternal grandparents William B. Fritz, Sr. and Cathy Fritz, with their counsel, Luther E. Milspaw, Esquire. Also present were Bradley L. Grime, Esquire who is attorney for the Mother Anna Fritz. 3. Through counsel, the parties agreed to the entry of an order in the form as attached. / () L fl! ~ ;; DA:TE t1l Hubert X. Gil , Esquire Custody Co lliator ....~ .", I " ~:i,: WILLIAM B. FRITz' SR., PetitionerlIntervenor . IN THE COURT OF COMMON' ; CUMBERLAND COUNTY. PEN v GUSTA VO MORENO and AMY L. MORENO, PetitiDners . ; CIVIL ACTION - LAW : NO. 00 - 2502 CIVIL v ANNA FRITZ and WILLIAM B. FRITZ, : Respondents : IN CUSTODY COURT ORDER AND NOW, this 10 ~ day of October, 2002, upon consideration of the aU Conciliation Report, it is ordered and directed that aD prior custody orders above case are vacated and the following order Is entered: 1. The natural Father, WilUam B. Fritz, Jr., and the paternal WDliam B. Fritz, Sr. and Kathy Fritz, along with the natural Moreno Fritz, shall e!\ioy shared legal custody of the mil Cheyenne Fritz, bom July 22, 1993. 2. The Father and paternal grandparmts shall enjoy primary phy the minor child. 3. The Mother shall enjoy periods of temporary physical custody child as follows: A. When the Mother returns to Pennsylvania from calm reasonable notice to the Father and paternal grandp; shall eqjoy at least 4S hours of temporary custody with ' on the condition that the maternal aunt and uncle, Moreno, shall be present with the Mother while she lw mlnor child. B. At such other times as agreed upon by the parties. ~,:? r.~~;- fn , . ;~t.; !o: 7:9 j"; i~" . ,'" ~ ',.. ". .. 'r:uNf'r\( v......,~",... '._1 '. '._' l,.}.......-'J I PEi'J;\~SYL\/A.N!A '''r', ~ , " , , ~", Il' N>- ., cc: ,: iWMij,i!>il"";,! 4. The Father and the paternal grandparents shall ensure that the minor child continues to enjoy a healthy relationship and reasonable contact with the Mother's family in Pennsylvania iocluding the maternal aunt and uncle, Gus and Amy Moreno, and the maternal grandmother, Nonna Moreno. 5. This order is entered pursuant to an agreement reached by the parties Illt a custody conciliation conference. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the custody conciliator for a conference. Bradley L. Griffie, Esquire Luther E. Milspaw, Esquire Mr. and Mrs. Gustavo Moreno 1 Clay Road Carlisle, PA 17013 BY THE COURT, ~, Ad- K7' Hess J. ~ ~ IO,/O.(JJ-. c;... ,_t ,. ~. , ~ , '_-0 I WILLIAM B. FRITZ, Jr., WILLIAM B. FRITZ, Sr" and CATHERINE M. FRITZ, : IN THE COURT OF COMMON PLEAS OF : CUMBERLANDCOUNTY,PENNSYLVANIA Petitioners : DOCKET NO. 00-2502 vs. ANA MARIA MORENO FRITZ, Respondent : CNIL ACTION - LAW : IN CUSTODY ANSWER TO THE PETITION TO TRANSFER CUSTODY ACTION TO DAUPHIN COUNTY. PENNSYL VANIA AND NOW, comes Respondent, Ana Maria Moreno Fritz, by and through her counsel of record, Bradley L. Griffie, Esquire, and files the following Answer to the Petition to Transfer Custody Action to Dauphin County. 1. ADMITTED. 2, ADMITTED. 3. ADMITTED. 4. ADMITTED in part. DENIED in part. It is admitted that Mother did reside at the address set forth in the Complaint. It is averred, however, that Mother has recently moved to Plainfield, Cumberland County, Pennsylvania, and has a mailing address of P.O. Box 188, Plainfield, Pennsylvania, 17081. 5. ADMITTED in part. DENIED in part, It is denied that whenever Father was discharged from hospitalization in July 2000 that Mother was nnable to provide for care for him and averred, rather, that Mother had already made arrangements to provide transitional care for Father but Grandfather, with two (2) days notice, came to California and removed Father from Mother's home. All other provisions of paragraph 5 are admitted. .~- -= -.-~ il~~-:i 6. DENIED as stated. While it is admitted that Mother is an alcoholic, Mother has secured treatment for that alcoholism. Mother was functioning appropriately in her family life, her employment, her social life and all other aspects of her life from October 1993 until Father's stroke in February 2000, which stroke put severe emotional and financial pressure on Mother and which caused a relapse in her alcoholism. It is admitted that Mother had prior DUl offenses that occurred more than ten (10) years ago and one such offense which occurred in 2000 when Mother had a relapse of her alcoholism. It is admitted that Mother's alcoholism relapse caused her to submit to a sixty (60) day in-patient treatment facility in July through September of 2002, which treatment facility was successful in that Mother has not had any alcohol related arrests, confrontations, or problems since that time, It is further averred that for an extended period of time, Mother chose to not have a driver's license because public transportation was available for her in California and there was no need for her to have a driver's license from her and Father's perspectives, It is further averred that at this time Mother has chosen to not have a driver's license, even though she is legally authorized to have one. It is specifically denied that Father made any detennination that Mother could not care for the parties' child when he was on business trips prior to his stroke. It is averred, rather, that Mother did in fact care for the child when Father was on business trips but that Father's business trips became longer and longer and Mother's transportation and employment situation was such that an overnight babysitter was the best alternative available to the parties at the time. ..~ -="".~~, . I-. ~~ ,:)j" ~ ~ - 7. ADMITI'ED in part. DENIED in part. It is admitted that Mother had a relapse of her alcoholism in February and March of 2000 as previously indicated. It is denied, however, that the agreement was made for Grandfather to take custody of the child through Mother's sister, Rachel. It is averred, rather, that Mother's sister, Rachel, was making arrangements through Mother's family and Father's family for the child to return to Pennsylvania and be in the care of both families with the specific arrangement to be established between them in further discussions. It is averred that upon the child returning to Pennsylvania, Grandfather retained custody and began to severely limit the opportunities available to Mother's family to have contact with the child. It is further averred that within this time frame, Father's Mother, the child's natural Grandmother, went to California to assist Mother and Father relative to their needs and the needs of the child. g, ADMITI'ED. 9. ADMITI'ED in part. DENIED in part, It is denied that the Monrovia Police Department telephone Grandfather questioning Mother's continuing alcohol problems. It is averred, rather, that a representative from social services from the Monrovia area was in contact with Mother and Grandfather relative to confimting that the child was in Grandfather's care in April 2002, It is denied that Grandfather indicated that he would not relinquish custody until Mother had been "on the wagon" for at least a year. It is admitted that Grandfather refused to allow the child to return with Mother, . , , __01 10. ADMITTED in part. DENIED in part. It is denied that Mother insisted Gustavo and Amy L. Moreno initiate litigation to secure custody of the child. The remaining portions of paragraph 10 are admitted. It is further averred, however, that the arrangement that had been agreed upon before the child returned to Pennsylvania was for Mother's and Father's family to share custody of the child in an appropriate marmer that would be in her best interest. I L ADMITTED. 12, ADMITTED. 13. ADMITTED, It is further averred that the Stipulation and Orders speak for themselves. 14. ADMITTED. 15, DENIED as stated. While it is admitted that Mother visited the Grandparents' home once, it is further averred that on all occasions when she has been able to return to Pennsylvania, she has visited with the child, subject to the severe restrictions that Grandmother and Grandfather demand relative to her visits. 16, DENIED. It is denied that all witnesses concerning the child are in Dauphin County, as all the witnesses in Mother's family would testify in this matter reside in Cumberland County. 17. ADMITTED, 18, ADMITTED. 19, A. ADMITTED. B, ADMITTED, .,~- _0,", l!otlI~i:' C. ADMITTED. D. ADMITTED. 20, ADMITTED, 21. ADMITTED. 22, ADMITTED, 23. ADMITTED. 24. DENIED. It is denied that all matters including the conciliation conference scheduled for Thursday, November 20, 2003, should be stayed pending the resolution of the Petition. WHEREFORE, Petitioner requests your Honorable Court to relinquish jurisdiction of the matter to Dauphin County, Pennsylvania but not take any additional action in this matter pending the transfer of the case to Dauphin County. Respectfully submitted, II h 'b"3 Date . Gri ie, Esquire orney for Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 ..- ~V~ VERIFICATION I verify that the statements made in the foregoing document 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 1lIDSworn falsifications to authorities. DATE: 1I1t.J/0) !" 9Y4Jc A MORENO FRITZ, Petitioner :..oEliIll~--~''''-'' ~~~,~"~~ ~ I ~ - - " ,t WILLIAM B. FRITZ, Jr., WILLIAM B. FRITZ, Sr., and CA THERlNE M, FRITZ, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA Petitioners : DOCKET NO, 00-2502 vs, ANA MARIA MORENO FRITZ, Respondent : ClVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the ~day of November, 2003, cause a copy of Petitioner's Auswer to the Petition to Transfer Custody Action to Dauphin County, Pennsylvania to be served upon Plaintiff's attorney of record by flrst class mail, postage prepaid at the following addresses: Luther E. Milspaw, Jr., Esquire P.O. Box 946 Harrisburg, P A 17108-0946 DATE: II) '117>""3 riffie, squire e for Petiti ner FIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 '"'"""-""-.......... ~_. (') C"'!' \~ !;~ '- " ~. " I ~ .~,' ":-.) , ,'; r+: ~.. . -.-:': I ',' L~ :~ (./ .I..,... (,; f... :;-c) r': <- " -n -1"\ ~~ .. -,.. ~ ''':) .-n ....:. , 1',) , ~ ~~ " '';'1 :::j :n ~~J -''(. <t\ -< ,0,1 "'c" WILLIAM B. FRITZ, Jr., WILLIAM B. FRITZ, Sr., and CATHERINE M. FRITZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. Petitioners : Docket No. 00-2502 : CIVIL ACTION- LAW IN CUSTODY ANA MARIA MORENO FRITZ, Respondent MOTION TO MAKE RULE ABSOLUTE AND ENTER ORDER TRANSFERRING CUSTODY CASE TO DAUPHIN COUNTY AND NOW, this 10TH day of November, 2003, the Petitioners request the entry of an order making rule absolute and transferring this custody action to the Court of Common Pleas, Dauphin County, Pennsylvania, and in support thereof state: L A Rule to Show Cause was issued on October 22, 2003 and served on the attorney for the Respondent via regular mail by the Prothonotary on October 23, 2003. 2. In response to the Rule, an Answer to the Petition was filed by Respondent but she did not object to the transfer of the custody action to Dauphin County. Respondent believes that the Order should only provide for the transfer of jurisdiction and not the record, but Petitioners request that the entire record be transferred, WHEREFORE, it is requested that this Honorable Court enter an Order making the Rule absolute and transferring jurisdiction of this custody action along with the entire record to Dauphin County, Pennsylvania. lli_R~I.~ Supreme Court ill # 19226 130 State Street, P .0, Box 946 Harrisburg, PA 17108-0946 (717) 236-3141; FAX (717) 236-0791 Email: Lmilspaw(almblawfirm.com Attorney for Petitioners ~~.~- . ,I WILLIAM B. FRITZ, Jr., WILLIAM B. FRITZ, Sr., and CATHERINE M. FRITZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. Petitioners : Docket No. 00-2502 : CIVIL ACTION- LAW : IN CUSTODY ANA MARIA MORENO FRITZ Respondent CERTIFICATE OF SERVICE AND NOW, this 10th day of November, 2003, I, Elizabeth M. Patterson, Paralegal to Luther E, Milspaw, Jr., Esquire, hereby certify that I this day served the Foregoing Motion to Make Rule Absolute and Enter Order Transferring Custody Case to Dauphin County by Depositing the Same in the U.S. Mail, Postage Pre-paid, at Harrisburg, Pennsylvania addressed as follows: Bradley L. Griffie, Esquire Griffie & Associates 200 N, Hanover Street Carlisle, PA 17013 BY: ~tte~~~ ""--'~!!>Lil , i II II II 11 :1 I I I I 'I II I, Ii f! o ~~ ""'1) ~.;. ~;;~:- ~) r~' ?: !.::..~ " ~.~7 c: c.> "~ '~ .' -') Jat '" ..... {-=:;, '-':> . ~ ~'-t~ ,p ,,: ..-#;! -, . ~ -~ ~. I::, ~~ ~. ~ioi>iiu':I. WILLIAM B. FRITZ, Jr., WILLIAM B. FRITZ, Sr., and CATHERINE M. FRITZ, NOV 'I lJ ZOOJ'-\F : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. Petitioners : Docket No. 00-2502 : CIVIL ACTION- LAW IN CUSTODY ANA MARIA MORENO FRITZ, Respondent ORDER OF COURT . AND NOW, this L6 day of November, 2003, upon consideration of the foregoing Petition to Transfer Custody Action to Dauphin County, Pennsylvania, and the Answer thereto, IT IS ORDERED that jurisdiction in Cumberland County of this custody case is relinquished and the case is transferred to Dauphin County. The Prothonotary of Cumberland County is directed to transfer the record in this matter to the Prothonotary of Dauphin County, Pennsylvania. BY THE COURT: /14 A. Hess, Judge Distribution: ,/Luther E. Milspaw, Jr., Esquire, 130 State Street, Harrisburg, P A 17101 > ...-Bradley L. Griffie, Esquire, 200 N. Hanover Street, Carlisle, P A 17013 . ~ ~ JJ~20'03 C~;i~" "~.~i~;:::>: '.. 'c'y -,'\,'1 03 VJV 20 i,~' I;, '(1 !l; ; ~ I . tJ t: C' 1i\.';'<'_I_~, ..., ,., '\1(\/ .i.)''J.~'-L Il~' ': ".~ '-.,..-",-,1.; j PENNSYLvANIA ., - - .~ ~~. - '';"'"~''''.^ .~, .~~ ~. "',~ "~4lI_",' 11/19/03 WED 10:25 FAX 2360791 MILSPAW & BESHORE III LUTBERE. MILSPAW, Jr., ESQUIRE A.ttorDey l1t LlIlw 13Q State Strect, P. O. pox 946 Harrisbllrg, PA 17108..0946 ('717) 236-314', FAX (717) 236.0791 'E11lIIiJ: LmiIspaw@lnblawUrm.tom FAX TRANSMISSION COVER. SHEET DA'T'E: November 19, 2003 TO: Tbe I1t11lol'llblc Kevin A. Bels Judge 01' the Court of CommoD Pleas of Cumberland C01Ulty Fax No 717-140-6462 Voj"t~ NI) 717-240.6196 ee: Bnllllll)' L. Gdffie, Esq. Fa No 717-243-5SS2 Voice No 717-243.5551 FROM: Luther E. Milsp.w, Jr., Esquire RE: Order trllnsferrln2 Jnrisdir.rtion-Frilz v. Fritz. Docket No. 00-2502 Total pages Iu.dlAtliug Covel' Sheet: Ji COMMENTS: Plene see the llttached eorrespondenCll reglU'ding the above captioned matter HARD COPY WILl. _ IWD.L NOT ...1f- FOLLOW IfynB do nlltncllvulll>ttbe 1Illll0l tnDslIlitmd,ploueCllJrtut DDrOmOCI""'1,t1IAq,1y st('J1?) nW141. TJU. WRrJ'l'EN lIIESSACa:, I!'lWlR THE EXCLUsiVE USE O~ rID!. ADDR&$.~ AND c:mrrAlNS c:ommENTL\L, 'RIVD.J'QD A1IlJ) NON-l)JSC:LOSAB'1;& INFORMATION. IF TBERECIPlENT OJ!' THIS II'ANl'MtU~ TRAN~(ISlilION IS NOT TIlE ~D~~,S~CIl1$CJP1ENT IS PllOannTEDJ'ROMlUW)ING OK USING TIns MES..'lA(ilt IN ANY WAY. IF YOU BAV!. RECllilVE>> TUIS MIlII~A(iE BY MlSTJUQ;, l'I,.1i:A.SE CALL OUR oPJ'la IMMI~D1A'l'ELY AND DESTllOY ttm F/l.CSIMlLlt TRAl'IS'M.ISSlON nOCUMENTS. ,.--,....""--.--. Ii'" 11/19/03 WED 10:25 FAX 2360791 !IILSPAW ~ IlESBORE @ .,Ll.iTan J3;'1\ilLSP.4 w~j~;, .' ,,'AttoRNEY A'I'lAW" .:", ,.UOSTATJlST@;r.. .. ' P.o.;'IioX946." . 'HAluUSBURG, PENN~Y1VANlA:'17t~-094' ',' ." " . ,. ." . .... . ". ...... , " " , .717,,'23&-11~l-'vOice 's" 23"0'191 P.YC-' , E!lnllil, bnuapow(O)",M,w)\'M;<<>l'll , , ' , i.1l'l'REa.e. MIL&1'AW,JR.. ~,*. . ," . ., Euabcoh M. 'Jl.u:enon, ~lo:gal " , N~~,t9~ZjJ03 .' " .' ,.' '. '. .Vu.PACS~ 717-240.646i- The HnnCITable Kevin A, Elesli'.' 'CoUrtofComft1iJnPleas "fCuIllberl~ q>wlty ~ CO\lrtbOuag Square ,. . ,Carlisle, PA.1:7~l3' Tn re: him v:Fritz . I J001<et No. '00.2;02 . ,'.,. . '. Dear Judge Hess: . . ," . ,... . ". . '.' . . . .'. . . ,1 inquired ofRo'bhie on TUesday, NoWUiber' 18.2003, ,whetner you'liadyef; ~CdtheOrder in " , . .,' ., llie above TeMeQced IIJ.1Iler, 1riInlirt;m:iiII!.1h.., FI~1;o "liil~y' _ tci D..uphiil Cl>unty; s'hc inifiCatod. thllt. . yo).! declined to do 50 b.:cause i,)fypur jmpressillll. that :Br~Il'C3rlffie .did notwsnf the'~(j.y ~~i1iatimi , l'\Iflentlystihedu1ed 10 be stay~dj'lJuh:at1ier,wantedi~to'go forwarc1:That.coI)clus'ion,was, lbetieve;.. ,." balled uPoll yaw: review nf~h 2,4 onus AnsWer:.l believe tlilit,i!npressicin is incOrrect: . .. ,.'" .' . , ,'" . . .' .. . .'.' . . . ,. '.... " . "'ti:he'funu1w'fil~dthe~,~~P~titi~~'T~feiCl'S~Ody,''lii!:ill~:';~I'.da:S~l'u1ati~ which [hlld ~ and slPd'inyself On October 21,sUpilJa1:lng ~t 1:b.\1'pr~8 wU to ~e ' " . " . ttanstenec1 lenc~5e a copy ~r,o~llfSlipu1l$ltuu; Mi.,,:irl~1? &i~ It arid aci1ti~b&ok to :aIll with a. oover '"letter o:t:"Noveiuber 5 (tlIll'losed]'which fin:t1ier' c~' lIis a'greemellt'witn 1I1C' that the ItIatter is to ~ ttWferred to Dautittin County, aiid ~ PlIStody' concilia1iOIi,siibae"ttefttlY 5chei1uled~e. . .". , W ould:jO\\ pJe!\~e,,~~iiiatter'agam:,~ ~ f~rwara ~ih:~~~faDOrdettrwferriiig , ,the OlUle to Dauphili CountY,d.the ~ mw ~il'=et><3,'. ' '. ... . ",. ", . , " LEMjr/emp. , 'El\o105~S' ,....'.. ..,. , .,,' '.. . ," ,,', ~~;' . '~l~L(kiIlr.~,"a~q;,"~' " , '., ..' . . ',.. " ' " , " .... '" '. . .,.,' "", " , " . .'" , , " ',' .."~"- '. b.J , ~ ~ , ' 11iI~~; 11/19/03 WED 10:26 FAX 2360791 MILSPAW & BESHORE ~( G2U:F:FI'E & AsSOOA'PES Attorneys QII([ Counselors Dl UJw 280 NoriJI Kuovv Sir< Cmilsle. PA J7lI13 (711) w.s51 Bradley 1.. Grlftle, Esqaire Marylou MatllI, Esqui~ Wendy I. F. GreJIlt, &qalrc Reply tc: Ctlrllsle Luther E. Milspaw, Jr., Bsq,uire P.O. Bax946 Harrisburg. PA 17108-0946 November S, 2003 ;tll NOn. Mala S_ Cl1ll111berlb..... PA l7J (TI7) 26T.USI) (80Q) ;)47-$$ Fax ('1l'I24UG63 KOIIltl J. GGsbOl1l Lq/:I A..;".... ~ RB: Fritz liS, Fritz Deu Mr. Milspaw: P.nCllnRed herein please find a signed copy of the Stipulation that you had prepared in this matter to traD$r jurisdiction to Dauphin County. I have also enclosed a copy of an Order that I have prcpan:d which is a modifiea.tioll of your Order. I do not thiDk that the entire file is. pb:ysieally transfened to Daupbin County so I removed the last line of your Order that directed the Prothonotuy to do Sb. 1 tbtnk witb the Court simply iDdicating that jurisdiction is tmwIfenWlI.Illl I'l;;linl.J.lli~lnxl, lh" Order is sufficient. I have pteJ>ared II. Complaint for my client's nwiew that we will then file in Dauphin County, aUlIching our Stipulation and the Order tra1isferring jurisdiction as an Exlu'bit. Along with. that, I mve prepared the Slalldard Cuncilimiu!I Orde.. so tb&t we mQ\lld be able to file that, sccure a conciliation date, and proceed. My client will bear the cost of initiating that proceeding. If tbe Order i" acceptable as modified. p1ealle feel free to file it of record providln,e; an appropriate copy to me. In addition, el1Glosed is a copy of an Answer that 1 am tiling to your Petition to Transfer Jurisdiction. Because of some Of the ~ons in the Petition, my client f.c:lt it WIllI incumbcnL Lu fUe &11 AnSWllI JlOintiIl~ out the errors in thllBUllgations so that your l'etItion does not remain simply ofreconi wi1hout the ef1'OfS being addressed. Pleue let me l~now when you have filed the Stipulation so that we can flnaIizc our Complaint for fllma.. Your attlmliUD it; llplIlflClated. BW/msg Bnclolllll'e Ce: Ana PIitz .::: ~- U'-' - ."'~-~< 11/19/03 WED 10:26 FAl 2360791 MILSPAW & BESHORE Iii WILLiAM B. F.Rl1':z, Jr., WILLIAM B. F'lUTZ, Sr.,lU1d O.TBElmlE M. FRlT7... : IN THE cotrn:r OF COMMON PLEAS ~ CUMBERLAND COUNTY,l''ENNSYLVAmA Petitioner : Docket No. 00-1502 ; CIVIL ACTION. LAW v. : IN CUSTODY ANA MARlA MORENO FRITZ, Respondent smuLATlQN OF TIlE PARTIES AN>> NOW, tlli5' ~Sr day of OctebfK12.003. the Parties to tmsCustody Proceeding' stipulate! thot the proceeding is to be tJ:ansfem:d to the C~:l1lrt of C'.ommon Pleas, Dauphin County, PennsylvBJlia. Respectfully submitted, ~Sq\lire & J2:~~ 200 North Hanover Str...,et Carllslo,l'A 17013 Attomey for Respondeat Ana Maria Moreno Fl'i lZ ~~~,_/ 130 State Street Harrisburg, PA 17101 Att<mley fbr PetitiQv,et1l Willimn B. Fritz, Jr,. William B. Fritz, Sr. ancl t:atherine M. Fritz ..._-~ ""..' ..., . '.. ........,.....- ... --,,_. .' ...... "'. .'. . ..~-. ~..' .. ~.._-~-..- J "" _~"'.'1 11/19/03 WED 10:26 FAX 2360791 HILSPAW & BESHORE ~ WILLIAM B. FRITZ, Jr., WILLIAM B. FRlTZ, Sr.,lIJIl1 c:.;,\l'HElUNE M. FRrr7~ : IN 'I'lUt COURT OF COMMON PLEAS : CUMBERLAND Cm.1NTY, PENNSYLVANIA Petitioner . . ; lJocketNo. 00-2502 ; CML ACTION- LAW 1N CUSTODY Y. ANA MARIA MORl:NO AAlTZ, ll.espondent : ORDER OF COURT ANa. NOW. .this" _ . '-, :Jjay.of ,. - . ..'..,,-. -,..,?OO3,l,lpol'!-OOASideFatioo of,tp.s Stipulation of the Parties and the underlYing Petition to Transfer Custody Action to Dauphin County, Pennsylvania, it Is hereby ordered that jurisdlctlon of this custody matter shall be transferred to Dauphin County, Pennsylvanra and that the Court of Common Pleas of Cumberland County hereby relinquishes jurisdiction. The Prothonotary of CUlllbertal1d County Is directed ~o transfer the record in this matter to the Prothonotary of thA C'..nurt of Common Pleas of Dauphin County, Pennsylvania. BY THE COURT: Kevin A. Hess, Judge Distribution: Luther E. Milspaw, Jr., Esquiro, 130 State Street. Harrisburg, PA 17101 Bradley L. Griffie. Esquire, 200 N. Hanover Street, Carlisle, PA 17013 .. . '--;,;-"*, 11/19/03 WED 10;26 FAX 2360791 MILSPAW & BESHORE ~ WTT,UAM B. FRITZ, k. WlLUAM B. FRITZ, Sr., and CATElERINE M. Ff.lrI'Z, : IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLV ANlA Petitioners . ; OOCKBTNO. 00-2502 'lIS. ANA MARIA MORENO FRITZ. ResJl0ndeut . ; crw, ACTION - LAW : IN CUSTODY ORDER OF COURT . "!"lo ...., ..... AND NOW, '~ltis day of , 2003, upon consideration of the Stipulation of 1he Pa11ies and the underlying Petition to Transfer Custody Action to Daupbin County, Pennsylvania. it is hereby ordered that jurisdiction of!bis custody matter shall be transfen:ed to Dauphin County, Pennsylvania and that the Court of CommoD Pleas of ClunblllTlund COU>>ly It.,reby telinquillbe:s j~lrillili~ion, By the Court, Kevin A, Hess, Judge OistrihnHon: Luther E. Milspaw, Jr., Esquire 130 Stiltcl Street, HllJrilIburg, PA J7101 Bradley L. Ori tlic, Esquire 200 :North Hanover ~treet, Carlisle, P A 17013 ,- - ',' ,~ ,1-_ -, ,,-_"'-,L' '<h,_'_"l".,_ , ,-, r ,- -Jd DEe 1 7 Z003 ~ WILLIAM B. FRITZ, JR., WILLIAM, B. FRITZ and CATHERINE M. FRTIZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ANA MARIA MORENO FRITZ, Defendant NO.00-2502 CIVIL IN CUSTODY COURT ORDER >r-\-; AND NOW, this 1:;- day of December, 2003, the conciliator being advised the above captioned case has been transferred to Dauphin County, the conciliator relinquishes jurisdiction. BY THE COURT, c;!~ . -" 'h ~. CO- 'd"',' " . >~ FILED..OFFICE OF THE PROTI,ONOlARY ~g .5:1 2003 DEe /8 tii'! 9: ! I C: :~~r.::<:!..( ;:"',['; :""',-~::~ rev - UJ',j,,-,_~_. ,L-" '...' "",--\....1\, I P"'J''''V'I'''''' r:.:j'J\Jl)iL\iJ.1'::i\ ',: ~ " ., ",,~- _ ,,'. ~J1~~ -'~- ..' 4, ~'._"" "m' ,,_ _, - , __"'"~..~~ ~ "~iJ!It,ll "".-, """,-- n ~""",'l"'l!" _ ,_~, .. "if!" ".~," , ~,,~o I ~ Curtis R. Long Prothonotary "~-~__~\&m?"-^ .-', '~P";'o/~,F ,,,,,,,,",;H_Jf' , ", , .," 0_ ~" ~003 " -~-I 'iIIM=,-i I , I C V 50GO Cq Renee K, Simpson Deputy Prothonotary John E. Slike Solicitor . . <l&ffice of tbe ~rotbonotarp ([umberlanl:l ([auntp (AA'II, Q^\ B r;r. Tl: Court of Common Pleas Cumberland County, Pennsylvania V5 f' I !'r\o,eno {=;f at. \)"t<.S1a \/ 0 Docket No, (}:)-:25"'O:J C L~(I v:s' AtlM< [;,-h, oil! c:. y c: " ..,,--," !"1-:: %""';" %.("~, JO>~ ~ ""'!i.~ --i ~ "'" '-'" Cl rn c-> ,-- - ',~." >.D ~',l ~:~ -~"7; ;~j - N -0 :x r.a (JI -.I -< Please acknowledge receipt of this case by signing and dating this docu.ment. Please send this back to: PROTHONOTARY OFFICE .,- CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, P A 17013 Attn: Becky Record received: Date: DEt 1 9 2Oll3 One Courthouse Square' Carlisle. Pennsylvania 17013 . (717) 240-6195 . Fax (717) 240-6573 . Curtis R. Long Prolhonotary W,II'aM B. vs G-u st<tvo ~ ~" Renee K. Simpson DepuLy Prothonotary John E. Slike Solicitor . , C!&ffice of tbe flrotbonotarp <!Cumberlanb <!Count!' ~~ Court of Common Pleas Cumberland County, Pennsylvania fuareJ\a 51.1\1, " ' Docket No. eX) - :2)O~ CI Jc/ Please acknowledge receipt of this case by signing and dating this document. Please send this back to: PROTHONOTARY OFFICE /' CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 Attn: Becky Record received: Date: ~ A, ?1I'!f a ,fl I VI (j 11-OJ Irtr (signature & title) One Courthouse Square. Carlisle, Pennsylvania 17013 . (717) 240-6195 . Fax (717) 240-6573 U'''''' ....,._, II 'I II I' H II ij Ii II h !I I, '1 I, II i-I " !I II !i [I II I I GUSTAVO MORENO and AMY L. MORENO, Petitioners ANNA FRITZ and WILLIAM FRITZ, Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. CIVIL ACTION - LAW 00- ~9 ~'od-CIVIL TERM _. .. IN CUSTODY STIPULATION AND AGREEMENT NOW, this oD~~'- day of /3~.;1 , 2000, this stipulation and agreement is entered into by and between ANNA FRITZ and WILLIAM FRITZ (hereinafter referred to herein as "PARENTS"), and GUSTAVO MORENO and AMY L. MORENO (hereinafter referred to as "MORENO"). NOW THIS STIPULATION WITNESSETH THAT: WHEREAS Petitioners are Gustavo Moreno and Amy L. Moreno (hereinafter referred to as MORENO), adult individuals residing at 1 Clay Road, Carlisle, Pennsylvania 17013. WHEREAS Respondents are Anna Fritz and William Fritz (hereinafter referred to as PARENTS), adult individuals residing at 6 Hidden Valley Road, Monrovia, California 91016. WHEREAS PARENTS had bom to them a child, namely Alea Fritz, bom WHEREAS the Respondent Father, William Fritz, is currently physically disabled as a result of a medical condition which has made it difficult for Respondents to fully meet their parental responsibilities at this time; and WHEREAS the Parents will be transferring physical custody of their minor child to MORENO; and WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the child; and WHEREAS, MORENO are the aunt and uncle of said minor child. IT IS THEREFORE AGREED AS FOLLOWS, in consideration of the mutual promises as hereinafter set forth: 1. MORENO shall have legal custody of the child. 2. MORENO shall have primary physical custody of the child subject to the Parents periods of visitation and physical custody as determined by Respondents. 3. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to ensure that the health, welfare and well being of the child is protected. 4. The parties shall do nothing that may estrange the child from the other natural development of the child's love or affection for the other party. 5. The parties further agree that Respondents will reacquire legal and physical custody of the child upon the determination of the Respondents that they can resume these obligations. 6. The parties agree and desire that this agreement become an order of court, any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 7. The parties agree that in making this agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: X~ (SEAL) WILLIAM FRITZ BY HIS MARK COMMONWEALTH OF PENNSYLVANIA: : SS: COUNTY OF CUMBERLAND : Personally appeared before me, a Notary Public, this ~ day of April, 2000, Amy L. Moreno and Gustavo Moreno, known to me or satisfactorily proven to be the same persons whose names are subscribed to the above agreement and they acknowledged that they executed this agreement for the purposes therein contained. Carlisle Boro. ,.,umgenand Coungtt,&tt~,-,, My Commissiov Expires Doc. 15, 2000~~-~ "Ur'l(0 ~ ~" Member, Pe~msy~ar~e : SS: COUNTY OF CUMBERLAND : Personally appeared before me, a Notary Public, thisoDOTk day of April, 2000, Anna Fritz ami-William l~ritz, known to me or satisfactorily proven to be the same persons-whose name~ ~tee subscribed to the above agreement and-[.hey acknowledged that fl~executed this agreement for the purposes therein contained. Not~ (SEAL) GUSTAVO MORENO and AMY L. MORENO, Petitioners ANNA FRITZ and WILLIAM FRITZ, Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : 00- .2 ~'~,~ CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this ~'/' day of___,~/~7 ,2000, upon presentation and consideration of the attached stipulation and agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY THE COURT, WILLIAM B. FRITZ Petitioner/Intervenor GUSTAVO MORENO and AMY L. MORENO Petitioners ANNA FRITZ and WILLIAM FRITZ, Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .- : _. CIVIL ACTION - LAW : 00-2502 CIVIL TERM : IN CUSTODY ._ PETITION TO INTERVENE AND PETITION ON BEHALF Of INTERVENOR FOR SPECIAL RELIEF IN NATURE OF AN EMERGENCY CUSTODY ORDER TO PRESERVE THE STATUS QUO PENDING A HEARING Intervenor/Petitioner seeks to intervene in the above custody proceeding and requests this court to revoke its order of April 24, 2000 (attached as Exhibit "A') and enter an order awarding him legal and physical custody of the six year old Child Alea Cheyenne Fritz, and in support thereof avers as follows: 1. Intervenor/Petitioner is William B. Fritz, an adult individual with an address of 8 Banbury Road, Hummelstowrg Dauphin County, Pennsylvania ("hereinafter sometimes Intervenor/Grandfather). Intervenor/Grandfather is the father of William Fritz (a.k.a. William B. Fritz, Jr., hereinafter sometimes "Father"), one of the Petitioners in the above referenced proceeding; the father-in-law of Anna Fritz (a.k.a. Ana Mafia Moreno Fritz, hereinafter sometimes "Mother"), also one of the Petitioners in the above reverenced proceeding; and the paternal grandfather of Alea Cheyenne Fritz, the natural child of the Petitioners (hereinafter "Child"). Intervenor/Grandfather has had physical custody of the Child since March 14, 2000, and was appointed Guardian of the Child by the Mother for school purposes on March 29, 2000. See attached Exhibit "B.' 2. Mother and Father Petitioners in the above proceeding are adult individuals and residents of the state of California with a permanent residential address of 6 Hidden Valley Road, Monrovia, California 91016. Father is incapacitated and an incompetent as the result of a massive stroke suffered February 27, 2000. Mother is incompetent and an unfit parent as a result of chronic alcoholism. 3. Respondents in the above Proceeding are Gustavo Moreno (hereinafter sometimes "Uncle"), the brother of the Mother and the child's maternal uncle, and Uncle's Wife Amy L. Moreno (hereinafter sometimes "Aunt"). 4. The Mother and Father Petitioners and the Uncle and Aunt Respondents submitted to the jurisdiction of this court when they filed the Stipulation and Agreement dated April 20, 2000, which formed the basis for this courts order of April 24, 2000. See Exhibit A. 5. The Stipulation and Agreement intentionally omitted several material facts which impact greatly on the welfare and bests interests of the child, and which compel this court to reconsider and revoke its order, as follows: At the time of his stroke, the Father was the principal caretaker of the Child because of the severe chronic alcoholism of the Mother. The alcoholism is so severe that it has resulted in numerous arrests for driving under the influence of alcohol, the suspension of her driving license, arrests for public drunkenness, previous institutionalizations for detoxification programs, and so forth. The Mother in the Stipulation and Agreement acknowledged her inability '~to fully meet her parental responsibilities at 2 this time" but recited only the Father's disability without any details of her own disability. The Father's massive brain hemorrhage resulted in his placement in a rehabilitation facility/nursing home in California and he is totally unable to function on any competent physical or mental level, and is totally dependant on his care-givers, including the Mother. The Mother failed to properly care for the Child after the Father's stroke, and finally recognized her inability to care for the Child when the school at which the Child was enrolled in California threatened to involve the social service agencies and place the child in an alternate home. Accordingly, with the encouragement of her sister Rachel in California, and her Mother in Carlisle, she called the Intervenor/Grandfather (who had recently returned from a visit with the family in California) and asked him to take custody of the Child, to which he (and his wife Cathy and their 15 year old child Angela) immediately agreed. The Mother put the child on a plane to Baltimore on March 14, 2000, the Grandfather picked her up and has continuous custody of her since that date. The Child was enrolled immediately and is presently enrolled in first grade in an elementary school in the Lower Dauphin School District, Dauphin County, Pennsylvania. The Mother executed a "Certification of Guardianship for School Purposes" on March 29, 2000, a true and correct copy of which is attached as Exhibit '~B", Mother also furnished a copy of Child's birth certificate to Grandfather to furnish to the school. See Exhibit "C." Since arriving in Pennsylvania, Child has not been visited by Mother or Uncle or Aunt or any other of Mother's family. On April 11, 2000, Mother called Grandfather and told him she was coming to Harrisburg the week before Easter and would be picking up the Child to take her home. Grandfather told her he would not relinquish custody until Mother had gotten herself hack into an alcohol rehabilitation or detoxification program and was "on the wagon" for several months. Grandfather had received a call just a few days earlier from the Monrovia Police Department inquiring about the welfare of the Child because the Mother had been arrested again for public drunkenness, alerting Grandfather to the Mother's confmuing alcohol problems. When told of his decision, Mother became hysterical and irrational and threatened to kidnap the Child and do whatever she had to do to get the Child back. Grandfather has had conversations with the Mother's mother in Carlisle, Irene Moreno, and the Mother's sister Rachel Moreno in California, both of whom agree the Mother should not be permitted to regain custody of the Child, and who also do not believe the Child's custody should be transferred to the Uncle or Aunt. The Uncle did call the Grandfather on one occasion and request a visit with 4 the Child at Uncle's home, to which Grandfather agreed only if he came to pick up the Child with Irene Moreno, the mother of both Mother Ana and Uncle, to which Uncle agreed because he had not seen the Child in years, and was unknown to both the Child and Grandfather. The visit, however, was never arranged or made or made by the Uncle. 6. On Monday, April 24, 2000, Grandfather was called by Uncle and told that Uncle "had an order" and Grandfather was to make immediate arrangements to transfer the Child to Uncle and Aunt. Grandfather had no notice prior to this time that a Stipulation and Agreement had been signed or that an Order was to be requested. 7. Grandfather immediately called his lawyer, the undersigned, and after inquiry, the undersigned was faxed a copy of the Stipulation and Agreement, and Order, the next morning (Tuesday, April 25, 20000 by Mark D. Schwartz, Esq., the lawyer for the Mother, Father, Uncle and Aunt. In a telephone conversation which took place that day, all the above facts were relayed to Mr. Schwartz by the undersigned and a request made for a meeting of all concerned to talk about the unfortunate situation and try to reach an agreement concerning what was best for the Child, considering all she had already been through. Mr. Schwartz indicated he had not been aware of the arrangements that were already in place for the Child and would talk to his clients and get back to the undersigned. The undersigned made it absolutely crystal clear that he would file an immediate petition to have the order revoked if the Uncle and Aunt were going to make any attempt to take the Child and Mr. Schwartz gave his assurances that no steps were contemplated and guaranteed no such action would be initiated without giving the undersigned advance notice and an opportunity to file a Petition for Special Relief 8. The parties through their lawyers verbally agreed that Grandfather would continue to enjoy physical custody of the Child and keep the Child in her current school until the parties could meet and talk. Late the afternoon of Wednesday, April 26, 2000, the lawyers agreed to a meeting today, Friday, April 28, 2000, at 3:30 P.M. in Carlisle. The next morning, Grandfather's lawyer left a message with Mr. Schwartz requesting the meeting be changed to Monday, May 1, 2000, to accommodate a prearranged trip with the Child to a skating competition in Washington, D.C., but indicated that Friday would be acceptable although inconvenient. 9. Mr. Schwartz did not reply to the undersigned. Instead, the Uncle and Aunt retained a so-called Constable and went unannounend and without notice with the Constable and their "Pastor" to the Grandfather's house, demanded entry and demanded the Child be turned over immediately. The Grandfather refused, called the undersigned who talked to the Constable and convinced him to leave immediately with the others, which he did. 10. The undersigned called Mr. Schwartz, who acknowledged he had previous knowledge of his clients intentions, although he "did not realize that these actions were being taken", and who acknowledged he did not keep his word and advise the undersigned of his clients change of position. He also would offer no guarantee that his clients, the Uncle and Aunt, would not take further unilateral action to take custody of the Child. 11. The Grandfather believes his son, the Father of the Child, is without the mental capability to make any competent decision about the Custody of the Child, and if he could, would never agree to move the Child from Grandfather to an Uncle who is practically a stranger to the Child.. 12. The Father's "mark" is not notarized on the Stipulation and Agreement and 6 Grandfather believes it was fraudulently placed there by Mother. 13. The Grandfather believes the intentions of the Uncle and Aunt were not to retain custody of the Child considering her best interests, but use the Court order as a rose to obtain the Child and return her to her Mother, in spite of the known unfimess of the Mother. 14. The Mother, Uncle and Aunt intentionally and fraudulemly concealed the above facts from this Court in procuring the Order of April 24, 2000, and in attempting to enforce the order through the offices of a state constable, all for an improper purpose and in derogation of the bests interests of the Child, the lawful rights of the Grandfather, and the laws of the Commonwealth governing abuse of process. 15. The best interests and welfare of the minor child will be served by granting the relief requested. The child has been nurtured and eared for since March 14, 2000, by Grandfather and due to the child's tender age and for all the reasons stated above, it would be in the best interest of the child to maintain the status quo and not alter the current arrangement until this matter can be fully heard by this Court. 7 WHEREFORE, Imervenor/Pefifioner requests that this court enter an Order permitting Intervenor/Pefitioner to intervene in this proceeding and granting Intervenor/Petifioner legal and physical custody of the minor child until such time that the custody ease may be heard, and specifically ordering the Petitioners and Respondent to comply with the same and cease all efforts to take custody of the child. Date: April 28, 2000 Respectfully submitted, M1LSP~AW & BESHORE Luther E. Milspaw, Jr.,Esquire Attorney I.D. No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108 (717) 236-0781 Attorneys for Intervenor/Pefifioner 8 WILLIAM B. FRITZ Petitioner/Intervenor GUSTAVO MORENO and AMY L. MORENO Petitioners ANNA FRITZ and W1LLIAM FRITZ, Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. _. CIVIL ACTION - LAW : 00-2502 CIVIL TERM : IN CUSTODY ._ Verification The above-named Intevenor/Petitioner, William B. Fritz, verifies that the statements made in the above Petition are true and correct. The petitioner understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworu falsification to authorities. April 28, 2000 ~ Ini!~en~Br~pFetdi:~ner 9 WILLIAM B. FRITZ Petitioner/lntervenor GUSTAVO MORENO and AMY L. MORENO Petitioners ANNA FRITZ and WILLIAM FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-2502 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE The undersigned certifies that he served a copy of the foregoing document on the attorney for Petitioners and Respondents by fax before filing on Friday, April 28, 2000, and by hand delivery immediately at~er filing. Date: April 28, 2000 MILSPAW & BESHORE 11 04/25/00 11:07 FAX 717 249 6354 IRWIN MCKN & HUG OO2 GUSTAVO MORENO and AMY L. MORENO, Petitioners ANNA FRITZ and WILLIAM FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN CUSTODY CIVIL ACTION - LAW 00- ~Z(° Z-'CIVIL TERNI ORDER OF COURT consideration of the attached stipulation and agreement and upon agreement oft. he parties, it is hereby ordered and clecreed r. hat the attached agreement is made an Order of Court. BY TI-I~ COURT, 04/25/00 11:07 FAX 717 249 63~4 IRWIN MCKN & HUG ~003 GUSTAVO MORENO and AMY L. l~Ol~a~lO, Petitloner~ ANNA FRITZ and WILLIAM FRITZ, Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00- ~V,~CIVIL TERM IN CUSTODY STIPULATION AND AGREEMENT NOW, this day o£ I-4~: I . 2000, *h~e ~pula6on ~d agreement is entered into by ~d between ANNA FRITZ anti WILLIA~I FI~-TZ (hereinafter referred to herein as "PAI~NTS"), and GUSTAVO MOI~ENO and AMY L. MORENO (hereinai~er referred to ~ "MOI~NO"). NOW THIS STIPULATION WITNESSETH TH_AT: WHEREAS Petitioners are Gustavo Moreno and Amy L. Morcno (here~n~i~er referred to as MORENo), adult individuals residing at I Clay Road, Carlisle, Pennsylvania 17013. WHEREAS Respondents arc Anna Fritz and William Fritz (hereinafter referred to as PA.ILENT$), adult individuals residing at 6 Hidden Valley Road, Monrovia, California 91016. WHEREAS PARENTS had bom to them a child, namely Alea Fritz, bom 04125/00 11:07 FAX 717 249 6~54 IRWIN MCKN & HI[G ~004 WItEREAS the Respondent Father, William Fritz, is currently physically disabled as a result of a medical condition which has made it difficult for Respondents to fully meet their parental responsibilities at this time; and WI:IEREA$ the Parents will be transferring physical custody of their minor child to MORENO; and WFr~REA8, the parties wish to enter into an agreement relative to the custody and partial custody of the ckild; and WI-I~'.REA$, MOREN0 are the aunt and uncle of said minor child. IT IS TI~REFORE AGREED A~ FOLLOWS, in consideration of the mutual promises as hereinafter set forth: 1. MORENO shall have legal custody of the child. 2. MORENO si'mU have primary physical custody of the child subject to the Parents periods of visitatiou and physical custody as determined by Respondents. 3. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to ensure that the health, welfare end well being of the child is pmtectecL 4. The parties shall, do nothing that may estrange the child from the other natural development of the ctfild's love or affection for the other party. 04/25/00 11:07 FAX 717 249 6354 IRWIN ~ICKN & HUG ~005 5. The partie~ further agree that Respondents will reacquire legal and physical custody of the child upon thc determination of the Respondents that they ca~ resume these obligations. 6. The parties agree and desire that this agreement become art order of court, any modification or waiver of any of the provisions of this agreement shall be effective orfly if made in writing and only if executed with the same formality of this agreement. 7. The parties agree that in making this agreement, there has been no fraud, concealment, overreaeking, coercion or other unfair dealing on the part of the other. IN WITNESS W~REOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: ~ (SE~L) WILLIAM FRITZ By I-IlS MARK TRUE COPY FROM REOOI;;iD Testtm~¥ ~,'hore~f, I ~rs u~o ~ ~ r~ ~]00~ IRWIN ldcKN & HUG 11:07 FAX ?17 219 6354 COMIVtON%VEALTH OF PENNSYLVANIAI SS: COUNTY OF CUMBEKLAND : p~rsonally at'pea:cd before me, a Notary Public, this ~ day of April, 2000, Amy L. Moreno and Oust~vo Moreno, ]mown to me or satis£actorily prove[~ to be [he same persons whose names are subscrib~t to the above agreement and they acknowledged that they executed this agreement £or the pm'poses therein contained- etzi A- Mar~ison, N~m7 Pu ' / ."~" I ' ' x Membsr~ ~v~fvanm ~ ~ Notaries 1)crsonally appeared before me, a Not~ Pubhc, ~O~ day of Apdl, 2000, F~m ~i~m ~o~ to me or s~dty proven m b~ ~ s~e pe~o~whosc s~ ' ~ ~t ~executed ~is ~ ~ subscribed to ~e above age~t ~d ~ Lower Dauphin School District Page 1 of 2 pages STUDENT ATTENDANCE (CERTIFICATION OF GUARDIANSHIP FOR SCHOOL PURPOSES) COMMONWEALT~IOF PENNSYLVANIA COUNTY OF "I~ ~dl~ J statements: 1. 2, Pursuant to Section 1302 of the School Laws of Pennsylvania (See other side) do solemnly swear (or affirm) the accuracy of the following I am a resident of the Lower Dauphin School District. As guardian for school purposes of ( S.S. # ~:~ "'~-.---~/-~' "~ ~::~ ), I will assume all personal obligations and responsibilities for the student relative to school requirements. 3. I am supporting the above named child gratis (without outside support). 4. I intend to maintain guardianship for school purposes of ~:~ t ~ I~ ~l~ ~" ~.. Name ~ Student continuously and not merely through the school year. 5. The parents of~'~ ~l~ ~ I0--~- Z- have agreed to this certification Name o~ Student of guardianship for school purposes. 6. I understand a copy of this form will be filed with the U.S. Intemal Revenue Service and my signature indicates my consent. Taken, sworn and subscribed V~JL-.I I/~l~ "~--~. ~";~ITZ. before me, this day of Name of Proposed Guardian for School Purposes Social Secudty No. SEAL .~' 1 ~'~ . Guardian Si~re I, A~ I'J~. ~'t~-- ~."~' ~.. , do solemnly swear (or affix) that I am the paren~egal~uardian of ~ ~1~. , and that l hereby relinquish to ~[~Lt~ ~, ~ Name of ChiC(ran) N~e ~ Resent all dghts and obligations for the above child(ran) re ative to school require~nts, including, but not limited to, the dght to sign all d~uments necessa~ to enroll or maintain the child(ran) in ~h~l, all rights n~ to secure and approve or disapprove special education se~ices for the child(ran) and the dght to review, copy, and correct records for the child(ran). The child(ran) these rights apply to are: Name DOB: Name DOB: Taken, sworn and subscribed before me, this ~'~ day of ~'/a.~ .,A.D. SEAL ~-~..J.~_. COal. t 1107314 · I acknowledge and understand that any notification to change these rights must be in writing and may terminate my chiid(ren) being a deemed a resident(s). Name of Parent or Legal Guar~..J...~7_~_~al SecuH~ No. Parent or.al Gua~ian Signature 'A Per~n who signs a false statement which he d~s ~l believe to be tree with ~e intent to mislead ~ guil~ of a m~de~enor u~er ~e Penn~vania Climes C~e subj~6ng him to both ~ne and imprisonment (Pa CMminal ~e of 1972, ~. ~, 18 CPSA 4904).' Page 2 of 2 pages Section 1302. Residence and Right to Free School Privileges. A child shall be considered a resident of the school district in which his parents or the guardian of his person resides. Federal installations are considered a part of the school dislrict or district in which they are situate and the children residing on such installations shall be counted as resident pupils of the schoof disl~,k~'~ When a resident of any school district keeps in his home a child of school age, not his own. supporlJng the child gratis as if it were his own, such child shall be entitled to all free schoof privileges accorded to the resident school children of the districl, including the dght to all[end the public high schoof mak~ained in such district or in other districts in the same manner as Ihough such child were in lact a m~Ment school child of the distnct, and shall be subject to all the requirements placed upon resident school children of the district. Before accepting such child as a pupil, Ihe board of school directom of the district may require such resident to tile with the secretaP/of the board s sworn state~me~lt that he Is a resident of the district, that he is supporting the child gratis, that he will assume ail pemonal eh#ga- lions for the child relative to school requirements, and ha intends to so keep and support the child continuously and not merely through the school term. (Amended December 14, 1967, AcL No. 381 .) .... A copy of this form will be flied with the U.S. Internal Revenue Service Lower Dauphin School District Page 1 of 2 pages STUDENT ATTENDANCE (CERTIFICATION OF GUARDIANSHIP FOR SCHOOL PURPOSES) COMMONWEALTHOF PENNSYLVANIA COUNTY OF ,, statements: 1. 2. Pursuant to Section 1302 of the School Laws of Pennsylvania (See other side) do solemnly swear (or affirm) the accuracy of the following I am a resident of the Lower Dauphin School District. AS guardian for school purposes of Name of Student (S.S, # 6/2 - ~9/- ~,,7~/), I will assume all personal obligations and responsibilities for the student relative to school requirements. 3. I am supporting the above named child gratis (without outside support). 4. I intend to maintain guardianship for school purposes of N~n~ o~ $1udent continuously and not merely through the school year. 5. the parents ~f' 7" ~'/~'e ~'7 ~ c C ~' ~' have agreed to this certification Name of Student of guardianship fOr school purposes. 6. I uRderstand a copy of this form will be filed with the U.S. Internal Revenue Service and my signature indicates my consent. Taken, swornandsubscribed h),' (//~n~ ,/ (;,' ~ ~ ~/' /'~',~ 7 ~ ~- ~,fore me, th~s /;.~ day of, Name of Proposed Guard~an~or Schoo~ Pu~....So. ia= Secufity No. seal~ ~ I~~ ~/'~,~ I, (..4./'z///I ~ . ~¢,,, 7- ~ .do solemnly swear (or affirm) that I am the.pax-eflt/legal guardian of /~ J" L~'/~ '-~/~ ( , and that I hereby relinquish to ~-~'1///~ Name ot Child(mn) Narue of Resident all fights and obligations for the above child(ten) relative to school requirements, including, but not limited to, the right to sign all documents necessary to enroll or maintain the child(mn) in school, all rights necessary to secure and approve or disapprove special education services for the child(ren) and the right to review, copy, and correct records for the child(ren). The_child(ren) these rights apply to are: Name . ~_e& ~F'~- ? ~- DOB: Name DOB: Name DOB: I acknowledge and understand that any notification to change Taken, sworn and subscribed these rights must be in writing and may terminate my child(ren) before me, this /~ ~'~ da,, of · __ ~ being a deemed a resident(s~.. s. EAL u~ .a~ F~ .~G~'.~.~n~,~~ ~ I Parent or Legal Guard~3E~gnature A Per .s~n w. ho.J~i~~!~"t~..h~e~eoJ,,~ *^ . believe, to be true w~th the intent to ru,slead' ~s' gu,lty' of ~Clemeanor under the Pennsylvania O~rirflt~_n.~b~. *~ ~.~-r~'~1~,mpnsonment (Pa Cdminal Code of 1972. NO. 334. 18 CPSA 4904)7 Page 2 of 2 pages Section 1302. Residence and Right to Free School Privileges. A child shall be considered a resident of the school district in which his parents or the guardian o! his person resides. Federal installations are considered a part of the school district o~ district in which they are situale and the children residing on such installations shall be counted as resident pupils o! the school district. When a resident st any school district keeps in his home a child of school age, not his own, supporting the child gratis as if it were his own, such child shall be entitled to all tree school privileges accorded to the resident school children of the district, Including the right to attend the public high school maintained in such district ~' in other dist~cts in the same manner as though such child were in fact a resident school child o! the district, and shall be subject Io all the requirements placed upon resident school children of the district. Before accepting such child ss a p~ll. the board of school directors of the district may require such resident lo lile with the secretar/Of the board a sworn statement that he is a resident of the district, that he Is su~ing b child gratis, that he will assume all personal obliga. tio~s tot the ch~d relative to schoot requirements, and he intends to so keep and support the child continuously and not merely through the scho~ term. (Amended December 14, 1967, Act. No. 381 .) .... A copy of this form will be filed with the U.S. Internal Revenue Service t Page 2 of 2 pages Section 1302. Residence and Right to Free School Privileges. Ached shall be considered a resident of the school district in which his parents or the guardian of his person resides. Federal installations are considered a part of the school district or district in which they are situate and the children residing on such installations shall be counted as resident pupils of the school district. When a resident of any school district keeps in his home a ch~d of school age, not his own, suppodJng Ihe child gratis as if it were his own, such child shall be entitled to all Iree school privileges accorded to the resident school children of the district, including the IJght to allend the public high school mainlined in such district or in other districts in the same manner as though so, ch child were in fact · resident school child of the distnct, and shall be subject lo all the requirements placed upon resident school children of the district. Belore accepting such child as a pupil, the board o~ school dlrectom ~ the district may require such resident to file with the eecretaP/of the board · sworn statement that he Is a resident ct the district, that he is supporting the child gratis, that he wilt assume ell berscnsl chllga- tions for the child relative to school requirements, and he intends to so keep and suppo~l the child continuously and not merely through the school term. (Amended December 14, 1967, Act. No. 381.) .... A copy of this form will be filed with the U.S. Internal Revenue Service .... 93/19/2808 04:10 71755~6880 CATHY PAGE 02 WILLIAM B. FRITZ Petitioner/Intervenor GUSTAVO MORENO and AMY L. MORENO Petitioners ANNA FRITZ and WILLIAM FRITZ, Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : 00-2502 CIVIL TERM IN CUSTODY ORDER AND NOW, this 28~ day of April, 2000, upon consideration of the Petition to Intervene and Petition for on Behalf on Imervenor for Special Relief in Nature of an Emergency Custody Order to Preserve the Status Quo Pending a Hearing, the following Order is entered regarding the Child, Alea Cheyenne Fritz: 1. The request of William B. Fritz is to intervene in this matter is granted. 2. The order dated and emered April 24, 2000, is revoked Intervenor William B. Fritz is granted legal and physical custody of the child umil further order ofthis Court. /4~7 to.~ h~-4, ~ ~-,~.e ,~ The Petitions and Respondents shall take no further action to take custody of the child without order of this Court. The Police of any or all appropriate authorities shall enforce this Order upon presentation of a certified copy thereof. By the Court WILLIAM B. FRITZ, Petitioner/lntervenor V. GUSTAVO MORENO and AMY L. MORENO, Petitioners V. ANNA FRITZ and WILLIAM FRITZ, Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : _. _. CIVIL ACTION - LAW _. 00-2502 CIVIL TERM : IN CUSTODY PETITION FOR SPECIAL RELIEF ON BEHALF OF RESPONDENTS. ANNA FRITZ AND WILLIAM FRITZ, JR. FOR THE SCHEDULING OF A HEARING AND NOW, comes Petitioners, Anna Fritz and William Fritz, by and through their attorneys, IRWIN, McKNIGHT & HUGHES, Esquires, and files this Petition for Special Relief making the following avemments: 1. Petitioners are Anna Fritz (hereinafter referred to as "Mother") and William Fritz, Jr. (hereinafter referred to as "Father") who are adult individuals residing at 6 Hidden Valley Road, Monrovia, California 91016. 2. The parents had bom to them a child, namely Alea Cheyenne Fritz, born July 22, 1993. 3. On April 24, 2000, an Order of Court was signed by this Honorable Court pursuant to a Stipulation and Agreement dated April 20, 2000. A true and correct copy of said Order of Court and Stipulation and Agreement is attached hereto as Exhibit "A" and incorporated herein by reference thereto. 4. Petitioners, Mother and Father, had decided to transfer physical custody of their minor daughter to Gustavo Moreno and Amy L. Moreno who are the aunt and uncle of said minor child. 5. Previously, the child had been temporarily placed in the care and custody of Mr. William Fritz, Sr., (hereinafter referred to as "Grandfather") the minor child's grandfather who resides at 8 Banbury Road, Hummelstown, Pennsylvania. 6. As indicated in this Stipulation and Agreement minor child's father, William Fritz, Jr., has suffered from some medical conditions which have left him physically incapacitated. 7. The Father has the mental capacity to speak and to understand the situation regarding the custody of his daughter. 8. The Father, William Fritz, Jr., when asked whether he wished to have the child placed in the custody of Gustavo Morenn and Amy L. Moreno, indicated that that was his desire. 9. The Father then signed the Stipulation and Agreement by his mark which was witnessed by his brother, a son of the Grandfather, Mr. William Fritz, Sr. 10. It is the desire and intent of the Petitioners, Mother and Father, more permanently to place Alea in the care and custody of the Morenos as a more permanent arrangement for her care. 11. In the attached Stipulation and Agreement, the Petitioners, Mother and Father, placed the facts necessary to allow the Court to sign an appropriate order. l 2. It was unnecessary to place in the Stipulation and Agreement detailed facts concerning the reasons why Petitioners Mother and Father could not presently care for the child. 13. The Petitioners Mother and Father had permitted Grandfather to care for the minor child for a period of time and then desired to transfer custody of Alea to the Morenos. 14. purpose. The custody Stipulation and Agreement as drafted was certainly sufficient for that 15. There were no facts "intentionally omitted" from the custody Stipulation and Agreement as alleged in Grandfather's Petition to Intervene and for Emergency Relief which is attached hereto as Exhibit "B". 16. The Petitioners Mother and Father have the capacity to make a determination as to the custodian of their minor child. 17. The Petitioners Mother and Father had the capacity to permit Grandfather to temporarily care for Alea and they have the capacity to decide to have the Morenos be the custodians of their child. 18. After the Court Order was signed on April 24, 2000, the Morenos contacted Mr. William Fritz, Sr. to attempt to arrange an exchange of the child. 19. Mr. William Fritz, Sr. was hesitant to agree to an exchange and asked that a copy of the Court Order be faxed to his attorney, Luther E. Milspaw, Jr., Esquire. 20. A copy of said Court Order was faxed to Luther E. Milspaw, Jr., Esquire, on Tuesday, April 25, 2000. 21. There were various telephone calls between counsel for Anna and William Fritz, Jr., Mark D. Schwartz, Esquire, the undersigned, and counsel for William Fritz, Sr., Luther E. Milspaw, Jr., Esquire, regarding this matter. 22. Counsel involved were attempting to set up a meeting with the interested parties to discuss this matter further. 23. However, the indication from Mr. William Fritz, Sr. was that he wished to retain primary custody of the child unless my client's, Anna Fritz and William Fritz, Jr., agreed to changes in the Stipulation and Agreement which they had executed with the Morenos. 24. Petitioners Mother and Father are not agreeable to any change in the Custody Stipulation and Agreement, however, they certainly are and have been willing to provide Mr. William Fritz, Sr. with the opportunity to visit with his grandchild. 25. The Moreno's contacted a local constable on or about April 27, 2000, to assist them in facilitating an exchange of the child with Mr. Williarn Smith, Sr. 26. Counsel for Anna Fritz and William Fritz, .Ir., was not aware of Moreno's intent to attempt a custody exchange on Thursday afternoon, April 27, 2000. In fact, the undersigned asked to be notified if the Moreno's were going to attempt to go to Hummelstown to obtain custody of the child. 27. In the afternoon of the 27th of April, a constable contacted the undersigned and left a voice-mail message requesting the name and telephone number of Grandfather's attorney so that the constable could contact him prior to any exchange. The undersigned returned the call to the constable and left a message with the requested information later the same afternoon. 28. Morenos did attempt a custody exchange with a constable who apparently did not notify William Fritz, Sr's. attorney prior to the attempt of exchange. 29. Grandfather's counsel, Luther E. Milspaw, Jr., Esquire, called the undersigned at approximately 5:15 p.m. on April 27, 2000, and told the undersigned that the Morenos were attempting a custody exchange with a constable. 30. At that point, the undersigned was unaware of the Moreno's intentions to attempt an exchange of custody that afternoon. 31. Neither the Moreno's nor the constable had informed the undersigned of the actions being taken. 32. Ultimately, the exchange did not take place as Mr. William Fritz, Sr. was unwilling to exchange the child upon presentation of the Court Order. VERIFICATION The foregoing Petition for Special Relief on behalf of the Respondents, Anna Fritz and William Fritz, Jr. is based upon information which has been gathered by counsel for the Respondents in the preparation of this Petition. The statements made in this Petition are true and correct to the best of the counsel's knowledge, information and belief. The Respondents are presently out of the jurisdiction of the corot and their verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Respondents according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Mark D. Schwartz, Esquire Date: May 2, 2000 EXHIBIT "A" GUSTAVO MORENO and AMY L. MORENO, Petitioners ANNA FRITZ and WILLIAM FRITZ, Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : : : IN CUSTODY CIVIL ACTION - LAW 00- g~ffo ~CIVIL TERM ORDER OF COURT AND NOW, day of ~ K'~ [ ,2000, upon presentation and consideration of the attached stipulation and agreement and upon agreement of the parties, it is hereby ordered and ~teereed that the attached agreement is made an Order of Court. BY THE COURT, WHEREAS the Respondent Father, William Fritz, is currently physically disabled as a result of a medical condition which has made it difficult for Respondents to fully meet their parental responsibilities at this time; and WHEREAS the Parents will be transferring physical custody of their minor child to MORENO; and WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the child; and WHEREAS, MORENO are the aunt and uncle of said minor child. IT IS THEREFORE AGREED AS FOLLOWS, in consideration of the mutual promises as hereinafter set forth: i. MO1LENO shall have legal custody of the child. 2, MORENO shall have primary physical custody of the child subject to the Parents periods of visitation and physical custody as determined by Respondents. 3. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to ensure that the health, welfare and well being of the child is protected. 4. The parties shall do nothing that may estrange the child from the other natural development of the child's love or affection for the other party. 5. The parties further agree that Respondents will reacquire legal and physical custody of the child upon the determination of the Respondents that they can resume these obligations. 6. The parties agree and desire that this agreement become an order of court, any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 7. The parties agree that in making this agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: (SEAL) ~O~EAL) - ~T> :~'-'~ (SEAL) ~ (SEAL) WILLIAM FRITZ BY HIS MARK TRUE COPY FROM REOORO Tost~mom/v~h~:~.,ef, i hsm unt~ ~ ~ EXHIBIT APR :e ?. 2OOO WILLIAM B. FRITZ Petitioner/Intervenor GUSTAVO MORENO and AMY L. MORENO Petitioners ANNA FRITZ and WILLIAM FRITZ, Respondents I~N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-2~02 CIVIL TERM IN CUSTODY PETITION TO INTERVENE AND PETITION ON BEHALF Of INTERVENOR FOR SPECIAL RELIEF IN NATURE OF AN EMERGENCY CUSTODY ORDER TO PRESERVE THE STATUS OUO PENDING A HEARING Intervenor/Petitioner seeks to intervene in the above custody proceeding and requests this court to revoke its order of April 24, 2000 (attached as Exhibit "A") and enter an order awarding him legal and physical custody of the six year old Child Alea Cheyenne Fritz, and in support thereof avers as 1. Intervenor/Petitioner is W'dliam B. Fritz, an adult individual with an address of 8 Banbury Road, Hummelstown, Dauphin County, Pennsylvania ("hereinafter somet'unes Intervenor/Grandfather). Intervenor/Grandfather is the father of W'dliam Fritz (a.k.a. William B. Fritz, Jr., hereinafter sometimes "Father"), one of the Petitioners in the above referenced proceeding; the father-in-law of Anna Fritz (a.k.a. Arm Maria Moreno Fritz, hereinafter sometimes "Mother"), also one of the Petitioners in the above reverenced proceeding; and the paternal grandfather of Alea Cheyenne Fritz, the natural child of the Petitioners (hereinatter "Child"). Intervenor/Grandfather has had physical custody of the Child since March 14, 2000, and was appointed Guardian of the Child by the Mother for school purposes on March 29, 2000. See attached Exhibit "B." 2. Mother and Father Petitioners in the above proceeding are adult individuals and residents of the state of California with a permanent residential address of 6 Hidden Valley Road, Monrovia, California 91016. Father is incapacitated and an incompetent as the result ora massive stroke suffered February 27, 2000. Mother is incompetent and an unfit parent as a result of chronic alcoholism. 3. Respondents in the above Proceeding are Gustavo Moreno (hereinafter sometimes "Uncle"), the brother of the Mother and the child's maternal uncle, and Uncle's Wife Amy L. Moreno (here'mafter sometimes "Aunt"). 4. The Mother and Father Petitioners and the Uncle and Aunt Respondents submitted to the jurisdiction of this court when they filed the Stipulation and Agreement dated April 20,. 2000, which formed the basis for this courts order of April 24, 2000. See Exhibit A. 5. The Stipulation and Agreement intentionally omitted several material facts which impact greatly on the welfare and bests interests of the child, and which compel this court to reconsider and revoke its order, as follows: a. At the time of his stroke, the Father was the principal caretaker of the Child because of the severe chronic alcoholism of the Mother, The alcoholism is so severe that it has resulted in numerous arrests for driving under the influence of alcohol, the suspension of her driving license, arrests for public drunkenness, previous institufionalizations for detoxification programs, and so forth. The Mother in the Stipulation and Agreement acknowledged her inability "to fully meet her parental responsibilities at WILLIAM B. FRITZ Petitionerflntervenor GUSTAVO MORENO and AMY L. MORENO Petitioners Ve ANNA FRITZ and WILLIAM FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-2502 CIVIL TERM IN CUSTODY ORDER AND NOW, this 28~ day of April, 2000, upon consideration of the Petition to Intervene and Petition for on Behalf on Intervennr for Special Raliefin Nature of an Emergency Custody Order to Preserve the Stares Quo Pending a Hearing, the following Order is entered regarding the Child, Alea Cheyenne Fritz: 1. The request of William B. Fritz is to intervene in this matter is granted. 2. The order dated and entered April 24, 2000, is revoked Intervenor William B. Fritz is granted legal and physical custody of the child until The Petitions and Respondents shall take no further action to take custody of the child without order of this Court. The Police of any or all appropriate authorities shall enforce this Order upon presentation of a certified copy thereo£ By the Court 10 29, 2000. See attached Exhibit "B," Mother and Father Petitioners in the above proceeding are adult individuals and residents of the state of California with a permanent residential address of 6 Hidden Valley Road, Monrovia, California 91016. Father is incapacitated and an incompetent as the result ora massive stroke suffered February 27, 2000. Mother is incompetent and an unfit parent as a result of chronic alcoholism. 3. Respondents in the above Proceeding are Gustavo Moreno (hereinafter sometimes "Uncle"), the brother of the Mother and the child's maternal uncle, and Uncle's Wife Amy L. Moreno (hereinafter sometimes "Aunt"). 4. The Mother and Father Petitioners and the Uncle and Aunt Kespondents submitted to the jurisdiction of this court when they filed the Stipulation and Agreement dated April 20,. 2000, which formed the basis for this courts order of April 24, 2000. See Exhibit A. 5. The Stipulation and Agreement intentionally omitted several material facts which impact greatly on the welfare and bests interests of the child, and which compel this court to reconsider and revoke its order, as follows: a. At the time of his stroke, the Father was the principal caretaker of the Child because of the severe chronic alcoholism of the Mother. The alcoholism is so severe that it has resulted in numerous arrests for driving under the influence of alcohol, the suspension of her driving license, arrests for public drunkenness, previous institutionalizations for detoxification programs, and so forth. The Mother in the Stipulation and Agreement acknowledged her inability "to fully meet her parental responsibilities at 2 Co this time" but recited only the Father's disability without any details of her own disability. The Father's massive brain hemorrhage resulted in his placement in a rehabilitation facility/nursing home in California and he is totally unable to function on any competent physical or mental level, and is totally dependant on his care-givers, including the Mother. The Mother failed to properly care for the Child after the Father's stroke, and finally recognized her inability to care for the Child when the school at which the Child was enrolled in Caiifomia threatened to involve the social service agencies and place the child in an aitemate home. Accordingly, with the encouragement of her sister Rachel in California, and her Mother in Carlisle, she called the Intervenor/Grandfather (who had recently returned from a visit with the family in California) and asked him to take custody of the Child, to which he (and his wife Cathy and their 15 year old child Angela) immediately agreed. The Mother put the child on a plane to Baltimore on March 14, 2000, the Grandfather picked her up and has continuous custody of her since that date. The Child was enrolled immediately and is presently enrolled in first grade in an elementary school in the Lower Dauphin School District, Dauphin County, Pennsylvania. The Mother executed a "Certification of Guardianship for School 3 Purposes" on March 29, 2000, a tree and correct copy of which is attached as Exhibit "B". Mother also furnished a copy of Child's birth certificate to Grandfather to furnish to the school. See Exhibit "C." Since arriving in Pennsylvania, Child has not been visited by Mother or Uncle or Aunt or any other of Mother's family. On April 11, 2000, Mother called Grandfather and told him she was coming to Harrisburg the week before Easter and would be picking up the Child to take her home. Grandfather told her he would not relinquish custody until Mother had gotten herself back into an alcohol rehabilitation or detoxification program and was "on the wagon" for several months. Grandfather had.received a call just a few days earlier from the Monrovia · Police Department inquiring about the welfare of the Child because the Mother had been arrested again for public drunkenness, alerting Grandfather to the Mother's continuing alcohol problems. When told of his decision, Mother became hysterical and irrational and threatened to kidnap the Child and do whatever she had to do to get the Child back. Grandfather has had conversations with the Mother's mother in Carlisle, Irene Moreno, and the Mother's sister Rachel Moreno in California, both of whom agree the Mother should not be permitted to regain custody of the Child, and who also do not believe the Child's custody should be transferred to the Uncle or Aura. The Uncle did call the Grandfather on one occasion and request a visit with 4 the Child at Uncle's home, to which Grandfather agreed only if.he came to pick up the Child with Irene Moreno, the mother of both Mother Ana and Uncle, to which Uncle agreed because he had not seen the Child in years, and was unknown to both the Child and Grandfather. The visit, however, was never arranged or made or made by the Uncle. 6. On Monday, April 24, 2000, Grandfather was called by Uncle and told that Uncle "had an order" and Grandfather was to make immediate arrangements to transfer the Child to Uncle and Aunt. Grandfather had no notice prior to this time that a Stipulation and Agreement had been signed or that an Order was to be requested. 7. Grandfather immediately called his lawyer, the undersigned, and after inquiry, the -undersigned was faxed a copy of the Stipulation and Agreement, and Order, the next monfing (Tuesday, April 25, 20000 by Mark D. Schwartz~ Esq., the lawyer for the Mother, Father, Uncle and Aunt. In a telephone conversation which took place that day, all the above facts were relayed to Mr. Schwartz by the undersigned and a request made for a meeting of all concerned to talk about the unfortunate situation and try to reach an agreement concerning what was best for the Child, considering all she had already been through. Mr. Schwartz indicated he had not been aware of the arrangements that were already in place for the Child and would talk to his clients and get back to the undersigned. The undersigned made it absolutely crystal clear that he would file an immediate petition to have the order revoked if the Uncle and Aunt were going to make any attempt to take the Child and Mr. Schwartz gave his assurances that no steps were contemplated and guaranteed no such action would be initiated without giving the undersigned advance notice and an opportunity to file a Petition for Special Relief. 5 8. The parties through their lawyers verbally agreed that Grandfather would continue to enjoy physical custody of the Child and keep the Child in her current school until the parties could mee~ and talk. Late the afternoon of Wednesday, April 26, 2000, the lawyers agreed to a meeting today, Friday, April 28, 2000, at 3:30 P.M. in Carlisle. The next morning, Grandfather's lawyer lef~ a message with Mr. Schwartz requesting the meeting be changed to Monday, May 1, 2000, to accommodate a prearranged trip with the Child to a skating competition in Washington, D.C., but indicated that Friday would be acceptable although inconvenient. 9. Mr. Schwartz did not reply to the undersigned. Instead, the Uncle and Aunt retained a so-called Constable and went unannounced and without notice with the Constable and their "Pastor" to the Grandfather's house, demanded entry and demanded the Child be turned over immediately. The Grandfather refused, called the undersigned who talked to the Constable ' and convinced him to leave immediately with the others, which he did. 10. The undersigned called Mr. Schwartz, who acknowledged he had previous knowledge of his clients intentions, although he "did not realize that these actions were being taken", and who acknowledged he did not keep his word and advise the undersigned of his clients change of position. He also would offer no guarantee that his clients, the Uncle and Aunt, would not take further unilateral action to take custody of the Child. 11. The Grandfather believes his son, the Father of the Child, is without the mental capability to make any competent decision about the Custody of the Child, and if he could, would never agree to move the Child from Grandfather to an Uncle who is practically a stranger to the Child.. 12. The Father's "mark" is not notarized on the Stipulation and Agreement and Grandfather believes it was fraudulemly placed there by Mother. 13. The Grandfather believes the intentions of the Uncle and Aunt were not to retain custody of the Child considering her best interests, but use the Court order as a rose to obtain the Child and return her to her Mother, in spite of the known unfitness of the Mother. 14. The Mother, Uncle and Aunt intentionally and fraudulently concealed the above facts fi.om this Court in procuring the Order of April 24, 2000, and in attempting to enforce the order through the offices ora state constable, all for an improper purpose and in derogation of the bests interests of the Child, the lawful rights of the Grandfather, and the laws of the Commonwealth governing abuse of process. 15. The best interests and welfare of the minor child will be served by granting the relief requested: The child has been nurtured and cared for since March 14, 2000, by Grandfather and due to the child's tender age and for all the reasons stated above, it would be in the bes! interest of the child to maintain the status quo and not alter the current arrangement until this matter can be fully heard by this Court. 7 WHEREFORE, Intervenor/Petitioner requests that this court enter an Order permitting IntervenorfPetitioner to intervene in this proceeding and granting Intervenor/Petitioner legal and physical custody of the minor child until such time that the custody case may be heard, and specifically ordering the Petitioners and Respondent to comply with the same and cease all efforts to take custody of the child, Date: April 28, 2000 Respectfully submitted, MII,SPAW & BESHORE · Attorney I:D. No. 19226 130 State Street P.O. Box 946 \ Harrisburg, PA 17108 (717) 236-0781 Attorneys for Intervenor/Petitioner 8 WILLIAM B. FRITZ Petitionerflntervenor V. GUSTAVO MORENO and AMY L. MORENO Petitioners ANNA FRITZ and WILLIAM FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-2502 CIVIL TERM IN CUSTODY Verification The above-named Intevenor/Petitioner, William B. Fritz, verifies that the statements made in the. above Petition are true aod correct. The petitioner understands that false statements herein ar~ made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworu falsification to authorities. April 28, 2000 WILLIAM B. FRITZ Petitioner/Intervenor GUSTAVO MORENO and AMY L. MORENO Petitioners ANNA FRITZ and WILLIAM FRITZ, Respondents IN TFIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-2502 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE The undersigned certifies that he served a copy of the foregoing document on the attorney for Petitioners and Respondents by fax before filing on Friday, April 28, 2000, and by hand delivery immediately at, er filing. Date: April 28, 2000 MILSPAW & BESHORE ,[ sqmre 11 EXHIBIT "C" WILLIAM B. FRITZ Petitionerflntervenor GUSTAVO MORENO and AMY L. MORENO Petitioners ANNA FRITZ and WILLIAM FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-2502 CIVIL TERM IN CUSTODY ORDER AND NOW, this 28~ day of April, 2000, upon consideration of the Petition to Intervene and Petition for on Behalf on Intervenor for Special Relief in Nature of an Emergency Custody Order to Preserve the Status Quo Pending a Hearing, the following Order is entered regarding the Child, Alea Cheyenne Fritz: 1. The request of William B. Fritz is to intervene in this matter is granted. 2. The order dated and entered April 24, 2000, is revoked The Petitions and Respondems shall take no further action to take custody of the child without order of this Court. The Police of any or all appropriate authorities shall enforce this Order upon presentation of a certified copy thereof. By the Court 10 CERTIFICATE OF SERVICE I the undersigned hereby certify that on this 2nd day of May, 2000, a copy of the Petition for Special Relief on Behalf of Respondents, Anna Fritz and William Fritz, Jr., for the Scheduling of a Hearing was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Luther E. Milspaw, Esquire MILSPAW & BESHORE 130 State Street, P. O. Box 946 Harrisburg, Pennsylvania 17108 Gustova Moreno and Amy L. Moreno 1 Clay Road Carlisle, Pennsylvania 17013 Mc~GHT & HUGHES WILLIAM B. FRITZ, Petitioner/Intervenor V. GUSTAVO MORENO and AMY L. MORENO, Petitioners ANNA FRITZ and WILLIAM FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-2592 CIVIL TERM IN CUSTODY ORDER OF COURT ANDNOW, this ~ dayof ~,]?~,-4ff~- ,2000, upon consideration ofthe attached Petition for Special Relief, it is ordered that a hearing will be held on ~-mg_ ~ ~, 2000, at ~} ~ .&'/ ~ .M. in Courtroom No. ~ in the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, 5 q-oo WILLIAM B. FRITZ, Petitioner/Intervenor VS. GUSTAVO MOP.ENO and AMY L. MORENO, Petitioners VS. ANNA FRITZ and WILLIAM FRITZ, Respondents AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-2502 CIVIL IN CUSTODY ORDER day of May, 2000, heating in the above captioned matter set for June 28, 2000, is rescheduled for Friday, June 9, 2000, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Luther E. Milspaw, Esquire For Petitioner/Intervenor Mark D. Schwartz, Esquire For Respondems Gustavo Moreno and Amy L. Moreno 1 Clay Road Carlisle, PA 17013 BY THE COURT, 5-1o WILLIAM B. FRITZ Petitioner/lntervenor GUSTAVO MORENO and AMY L. MORENO Petitioners ANNA FRITZ and WILLIAM FRITZ, Respondents IN ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-2502 CIVIL TERM IN CUSTODY PETITION (REVISED)~TO INTERVENE AND PETITION ON BEHALF Of INTERVENOR FOR SPECIAL RELIEF IN NATURE OF AN EMERGENCY CUSTODY ORDER TO PRESERVE THE STATUS OUO PENDING A HEARING Inter~enor/Petitioner seeks to intervene in the above custody proceeding and requests this court to revoke its order of April 24, 2000 (attached as Exhibit "A") and enter an order awarding him legal and physical custody of the six year old Child Alea Cheyenne Fritz, and in support thereof avers as follows: Intervenor/Petitioner is William B. Fritz, an adult individual with an address of 8 Banbury Road, Hummelstown, Dauphin County, Pennsylvania ("hereina~er sometimes Intervenor/Grandfather). Intervenor/Grandfather is the father of William Fritz (a.k,a. William B. Fritz, Jr., hereinafter sometimes "Father"), one of the Petitioners in the above referenced proceeding; the father-in-law of Anna Fritz (a.k.a. Ana Maria Moreno Fritz, hereinafter sometimes "Mother"), also one of the Petitioners in the above reverenced proceeding; ~This Revised Petition corrects certain non-material factual errors in the original Petition filed with the Court on April 28, 2000. The revisions are noted in bold font. 1 and the paternal grandfather of Alea Cheyenne Fritz, the natural child of the Petitioners (hereinafter "Child"). Intervenor/Grandfather has had physical custody of the Child since March 14, 2000, and was appointed Guardian of the Child by the Mother for school purposes on March 29, 2000. See attached Exhibit "B." 2. Mother and Father Petitioners in the above proceeding are adult individuals and residents of the state of California with a permanent residential address of 6 Hidden Valley Road, Mortrovia, California 91016. Father is incapacitated and an incompetent as the result ora massive stroke suffered Februapj 27, 2000. Mother is incompetent and an unfit parent as a result of chronic alcoholism. 3. Respondents in the above Proceeding are Gustavo Moreno (hereinafter sometimes "Uncle"), the brother of the Mother and the child's maternal uncle, and Uncle's Wife Amy L. Moreno (hereinafter sometimes "Aunt"). The Mother and Father Petitioners and the Uncle and Aunt Respondents submitted to the jurisdiction of this court when they filed the Stipulation and Agreement dated April 20, 2000, which formed the basis for this coups order of April 24, 2000. See Exhibit A. 5. The Stipulation and Agreement intentionally omitted several material facts which impact greatly on the welfare and bests interests of the child, and which compel this court to reconsider and revoke its order, as follows: a. At the time of his stroke, the Father was the principal caretaker of the Child because of the severe chronic alcoholism of the Mother. The alcoholism is so severe that it has resulted in numerous arrests for driving 2 under the influence of alcohol, the suspension of her driving license, arrests for public drunkenness, previous institutionalizations for detoxification programs, and so forth. The Mother in the Stipulation and Agreement acknowledged her inability "to fully meet her parental responsibilities at this time" but recited only the Father's disability without any details of her own disability. The Father's massive brain hemorrhage resulted in his placement in a rehabilitation facility/nursing home in California and he is totally unable to function on any competent physical or mental level, and is totally dependant on his care-givers, including the Mother. The Mother failed to properly care for the Child after the Father's brain hemorrhage, and finally recognized her inability to care for the Child when the school at which the Child was enrolled in California threatened to involve the social service agencies and place the child in an alternate home. Accordingly, with the encouragement of her sister in California, Rachel Moreno Perez,, and her Mother in Carlisle, the Intervenor/Grandfather (who had recently returned from a visit with the family in Georgia), the Mother Aha through her sister asked Grandfather to take custody of the Child, to which he (and his wife Cathy and their 12 year old child Angelah) immediately agreed. f. Rachel Moreno Perez, the Child's aunt, with the permission of the Mother, Ana, put the child on a plane to Baltimore on March 14, 2000, the Grandfather picked her up and has continuous custody of her since that date, The Child was enrolled immediately and is presently enrolled in first grade in an elementary school in the Lower Dauphin School District, Dauphin County, Pennsylvania. The Mother executed a "Certification of Guardianship for School Purposes" on March 29, 2000, a true and correct copy of which is attached as Exhibit "B". Mother also furnished a copy of Child's birth certificate to Grandfather to furnish to the school. See Exhibit "C." Since arriving in Pennsylvania, Child has not been visited by Mother or Uncle or Aunt or any other of Mother's family. On April 11, 2000, Mother called Grandfather and told him she was coming to Harrisburg the week before Easter and would be picking up the Child to take her home. Grandfather told her he would not relinquish custody until Mother had gotten herself back into an alcohol rehabilitation or dcioxification program and was "on the wagon" for several months. Grandfather had received a call just a few days earlier fi.om the Monrovia Police Department inquiring about the welfare of the Child because the 4 Mother had been found drunk and unconscious in the street and had been taken to a local hospital, alerting Grandfather to the Mother's continuing alcohol problems. When told of his decision, Mother became hysterical and irrational and threatened to kidnap the Child and do whatever she had to do to get the Child back. i. Grandfather has had conversations with the Mother's mother in Carlisle, Norma Moreno, and the Mother's sister Rachel Moreno Perez in California, both of whom agree the Mother should not be permitted to regain custody of the Child, and who also do not believe the Child's custody should be transferred to the Uncle or Aunt. j. The Uncle did call and talked to the Grandfather's wife, Cathy Fritz, on one occasion and requested a visit with the Child at Unde's home, to which Cathy Fritz agreed only if he came to pick up the Child with Norma Moreno, the mother of both Mother Aha and Uncle, to which Uncle agreed because he had not seen the Child in years. The Uncle was unknown to both the Child and Grandfather. The visit, however, was never arranged or made by the Uncle. 6. On Monday, April 24, 2000, Grandfather returned a call from Uncle and was told by Uncle that he "had an order" and Grandfather was to make arrangements to transfer the Child to Uncle and Aunt. Grandfather, who had no notice prior to this time that a 5 Stipulation and Agreement had been signed or that an Order was to be requested, refused and requested a copy of the order be sent to his attorney, the undersigned. 7. Grandfather immediately called his lawye~r, the undersigned, and after inquiry, the undersigned was faxed a copy of the Stipulation and A~reement, and Order, the next morning (Tuesday, April 25, 20000 by Mark D. Schwartz, Esq., the lawyer for the Mother, Father, Uncle and Aunt. In a telephone conversation which took place that day, all the above facts were relayed to Mr. Schwarm by the undersigned and a request made for a meeting of all concerned to talk about the unfortunate situation and try to reach an agreement concerning what was best for the Child, considering all she had already been through. Mr. Schwartz indicated he had not been aware of the arrangements that were already in place for the Child and would talk to his clients and get back to the undersigned. The undersigned made it absolutely crystal clear that he would file an immediate petition to have the order revoked if the Uncle and Aunt were going to make any attempt to take the Child and Mr. Schwartz gave his assurances that no steps were contemplated and guaranteed no such action would be initiated without giving the undersigned advance notice and an opportunity to file a Petition for Special Relief. 8. The parties through their lawyers verbally agreed that Grandfather would continue to enjoy physical custody of the Child and keep the Child in her current school until the parties could meet and talk. Late the afternoon of Wednesday, April 26, 2000, the lawyers agreed to a meeting today, Friday, April 28, 2000, at 3:30 P.M. in Carlisle. The next morning, Grandfather's lawyer left a message with Mr. Schwartz requesting the meeting be changed to Monday, May 1, 2000, to accommodate a prearranged trip with the Child to a skating competition in Washington, 6 D.C., but indicated that Friday would be acceptable although inconvenient. 9. Mr. Schwartz did not reply to the undersigned. Instead, the Uncle and Aunt retained a so-called Constable and went unannounced and without notice with the Constable and their "Pastor" to the Grandfather's house, demanded entry and demanded the Child be turned over immediately. The Grandfather refused, called the undersigned who talked to the Constable and convinced him to leave immediately with the others, which he did. 10. The undersigned called Mr. Schwartz, who acknowledged he had previous knowledge of his clients intentions, although he "did not realize that these actions were being taken", and who acknowledged he did not keep his word and advise the undersigned of his clients change of position. He also would offer no guarantee that his clients, the Uncle and Aunt, would not take further unilateral action to take custody of the Child. 11. The Grandfather believes his son, the Father of the Child, is without the memal capability to make any competem decision about the Custody of the Child, and if he could, would never agree to move the Child from Grandfather to an Uncle who is practically a stranger to the Child.. 12. The Father's "mark" is not notarized on the Stipulation and Agreement and Grandfather believes it was fraudulently placed there by Mother, 13. The Grandfather believes the intentions of the Uncle and Aunt were not to retain custody of the Child considering her best interests, but use the Court order as a ruse to obtain the Child and return her to her Mother, in spite of the known unfitness of the Mother. 14. The Mother, Uncle and Aunt intentionally and fraudulently concealed the above 7 facts from this Court in procuring the Order of April 24, 2000, and in attempting to enforce the order through the offices of a state constable, all for an improper purpose and in derogation of the bests interests of the Child, the lawful rights of the Grandfather, and the laws of the Commonwealth governing abuse of process. 15. The best interests and welfare of the minor child will be served by granting the relief requested. The child has been nurtured and cared for since March 14, 2000, by Grandfather and due to the child's tender age and for all the reasons stated above, it would be in the best interest of the child to maintain the status quo and not alter the current arrangement until this matter can be fully heard by this Court. WHEREFORE, Intervenor/Petitioner requests that this court enter an Order permitting Intervenor/Petitioner to intervene in this proceeding and granting Intervenor/Petitioner legal and physical custody of the minor child until such time that the custody case may be heard, and spedfically ordering the Petitioners and Respondent to comply with the same and cease all efforts to take custody of the child. Date: May 9, 2000 R~ec~fi~lly s~m~tted,/] · ' spaw, Jr., Ese uire Attorney I.D. No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108 (717) 236-0781 Attorneys for Intervenor/Petitioner WILLIAM B. FRITZ Petitioner/lntervenor GUSTAVO MOI~NO and AMY L. MORENO Petitioners ANNA FRITZ and WII,LIAM Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-2~02 CIVIL TERM IN CUSTODY Verification The above-named Intevenor/Petitioner, William B. Fritz, verifies that the statements made in the above Revised Petition are true and correct. The petitioner understands that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unswom falsification to authorities. V~lliam B. Fritz Intevenor/Petitioner 9 WII J IAMB. FRITZ Petitioner/Intervenor GUSTAVO MORENO and AMY L. MORENO, Petitioners V. ANNA FRITZ and WILLIAM FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-2502 CIVIL TERM IN CUSTODY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 WILLIAM B. FRITZ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) date from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served.. Date: Luther E. Milspaw/,/Jr., Esquire Supreme Ct. ID # 19226 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 Attorney for Plaintiff' WILLIAM B. FRITZ Petitioner/Intervenor GUSTAVO MORENO and AMY L. MORENO, Petitioners V. ANNA FRITZ and WILLIAM FRITZ, Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : .. CIVIL ACTION - LAW _* _* : 00-2502 CIVIL TERM : IN CUSTODY ; NOTICE TO: Dr. Gail Grant, Principal The Mayflower Elementary School 210 North Mayflower Monrovia, CA 91016 You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIlZlCATE OF COMPLIANCE WITH SUBPOENA PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced, Date: IVII,LI.~ B. FRIT~, Petitioner~ntervenor V. GUSTAVO MORENO, and ~ L. MORENO ANNA FRITZ and WILLIAM YR1TZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00=2502 ~ TERM IN CUSTODY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO. RULE 4009.22 TO: Dr. C-ail Grant, Principal The Mayflower Elementary School 210 North Mayflower Monrovia, CA 91016 Within twenty (20) days after service ofth/s subpoena, you are ordered by tho court to produce the following documents or things: any and all documents, including student evaluations, home evaluations, school psychologist/guidance counselor evaluations, etc., on file with the Mayflower Elementary School regarding Alea Cheyenne Fritz, social security number 612-74-3761 and]or her mother Aaa Maria Moreno Fritz, social security number, $66-55-4382, last known address being 6 Hidden Valley Road, Monrovia, Los Angeles County, California 91016 at the offices ofMilspaw & Beshore, 130 State Street, PO. Box 946, Harrisburg, PA 17108-0946. You may deliver or mail legible copies of the document or produce things requested by this subpoena, wgcther with thc certificate of compliance, to thc party making this request at thc address listed above. You have the right to seek in advance thc reasonable cost of preparing the copies or producing thc things sought. If you fail to produce th~ documents or things required by the subpoena within twenty (20) days afer its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Date: I.D. # 19226 130 State Street Harrisburg, PA 17101 (717) 236-0781 ATI'ORNEY FOR: WILLIAM FRITZ DATE: ~ 3,./ lOt Seal of thc Court BY: BY THE COURT: (Prothonotary) (Deputy) F:'~LEM~DO~ZLMea Fritz~ubpo~na-Schoo105-08-00 WILLIAM B. FRITZ Petitioner/lntervenor GUSTAVO MORENO and AMY L. MORENO, Petitioners V. ANNA FRITZ and WILLIAM FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-2502 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this /~'~ay of May, 2000, I, Elizabeth M. Gable, Legal Assistant to Luther E. Milspaw, Jr., Esquire, hereby certify that I this day served the foregoing Intent to Serve Subpoena by depositing the same in the U.S. mall, postage pre-paid, at Harrisburg, Pennsylvania addressed as follows: Cmstavo Moreno and Amy L. Moreno One Clay Road Carlisle, PA 17013 Mark D. Schwartz, Esquire Irwin, McKnight & Hughes West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 WILLIAM B. FRITZ Petitioner/Intervenor GUSTAVO MORENO and AMY L. MORENO, Petitioners ANNA FRITZ and WILLIAM FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-2502 CIVIL TERM IN CUSTODY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 WILLIAM B. FRITZ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) date from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served.. Date: Lu . ' p tw~/Jr., Esquire Supreme Ct. ID #/19226 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 Attorney for Plaintiff WILLIAM B. FRITZ Petitioner/Intervenor GUSTAVO MORENO and AMY L. MORENO, Petitioners V. ANNA FRITZ and WILLIAM FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-2502 CIVIL TERM IN CUSTODY NOTICE TO: Monrovia Police Department Attention: Carmen Acosta 140 East Lime Avenue Monrovia, CA 91016 You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, certify to the best of my knowiedge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. Date: Petitionerflntervenor ¥. GUSTAVO MORENO, and AMY L. MORENO ANNA FRrrz and WILLIAM FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 002502 C/VIL TERM IN CUSTODY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Monrovia Police Department Attention: Carmen Acosta 140 East Lime Avenue Monrovia, CA 91016 Within twenty (20) days after service ofth/s subpoena, you ar~ ordered by tl~ court to produce th~ following documents or things: any and all documents on file with the Monrovia Police Department regarding one Ana Maria Moreno Fritz, social security number, 566-55-4382, last known address being 6 Hidden Valley Road, Monrovla, Los Angeles County, California 91016 at the offices of Milspaw & Besbore, 130 Statv Street, PO. Box 946, Harrisburg, PA 17108-0946. You may d~l~ver or ma/l le~bl~ copies of the document or produce things requested by this subpoena, toggther with the certificate of complianen, to tha party making this request at th~ address listed above. You have thc fight to seek in advance the reasonable cost of preparing thc copies or producing the things sought. If you fail to produce the documents or things required by the subpoena within twenty (20) days afer its servie~, tl~ party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Date: I.D. # 19226 130 State Strut Harrisburg, PA 17101 (717) 236-0781 ATrORNEY FOR: WILLIAM FRITZ Se. al of thc Court BY: BY THE COURT: (Prothonotary) F:~LEM~OMWRITZ~,Ira Frilz~S ubpoena-Polic~ 05-08-00 WILLIAM B. FRITZ Petitioner/lntervenor GUSTAVO MORENO and AMY L. MORENO, Petitioners ANNA FRITZ and WILLIAM FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-2502 CIVIL TERM IN CUSTODY CERT1YICATE OF SERVICE AND NOW, this ],,)-X/~ay of May, 2000, I, Elizabeth M. Gable, Legal Assistant to Luther E. Milspaw, Jr., Esquire, hereby certify that I this day served the foregoing Intent to Serve Subpoena by depositing the same in the U.S. mail, postage pre-paid, at Harrisburg, Pennsylvania addressed as follows: Gustavo Moreno and Amy L. Moreno One Clay Road Carlisle, PA 17013 Mark D. Schwartz, Esquire In, in, McKnight & Hughes West Pomfi'et Professional Building 60 West Pomfret Street Carlisle, PA 17013 WILLIAM B. FRITZ Petitioner/Intervenor GUSTAVO MORENO and AMY L. MORENO, Petitioners ANNA FRITZ and WILLIAM FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-2502 CIVIL TERM IN CUSTODY CERTWICATE OF SERVICE AND NOW, this 12th day of May, 2000, I, Elizabeth M. Gable, Legal Assistant to Luther E. Milspaw, Jr., Esquire, hereby certify that I this day served the Petition (Revised) to Intervene and Petition on Behalf of Intervenor for Special Relief in Nature of an Emergency Custody Order to Preserve the Stares Quo Pending a Hearing by depositing the same in the U.S. mall, postage pre-paid, at Harrisburg, Pennsylvania addressed as follows: Gustavo Moreno and Amy L. Moreno One Clay Road Carlisle, PA 17013 Mark D. Schwartz, Esquire Irwin, McKnight & Hughes West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Date: May 12, 2000 BY: WILLIAM B. FRITZ, Petitioner/intervenor GUSTAVO MORENO and AMY L. MORENO, Petitioners ANNA FRITZ and WILLIAM FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--LAW 00-2502 CIVIL TERM IN CUSTODY PKAECIPE TO ENTER APPEARANCE Moreno. Please enter my appearance on behalf of Petitioners Gustavo Moreno and Amy L. Carlisle, PA 17013 (717) 240-0296 WILLIAM B. FRITZ Petitioner/Intervenor GUSTAVO MORENO and AMY L. MORENO, Petitioners V. ANNA FRITZ and WILLIAM FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C/V/L ACTION - LAW 00-2502CIVILTERM IN CUSTODY CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, William A Fritz, Plaintiff, certifies that 1. A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, certificate, A copy of the notice of intent, including the proposed subpoena, is attached to this 3. No objection to the subpoena has been received, and to the notice of intent to serve the subpoena. June 7, 2000 The subpoena which will be served is identical to the subpoena which is attached Luther E. Milspaw, Jr., E-sqUire Attorney for Plaintiff ( WILLIAM B. FRI'~ Petitiouer/lntervenor Ye GUSTAVO MOI~NO and AMY L. MORENO, Petitioners ¥. 1N THE COURT OF COMMON PI.~AS OF CUMBERLAND COUN'I~, PENNSYLVANIA CIVIt, ACTION - LAW 00-2~02 CIVIL TERM ANNA FRITZ and ~ FRITZ, : IN CUSTODY Respondents : NO'IICE OF I]qTENT TO SERV~ A SUBPOENA TO PRODUCE DO~ A.._lqD TI~I~(~S IN)R DISCOVERY P~,SUANT TO RULZ 4009.21 WI~.LIAM B. I~RFI'£ intends to serve a subpoena identical to the one that ~ this notice. You have twenty (20) date from the date listed below in which to file of record and serve upon the undersisned an objection to the subpoena. If no objection is made the subpoena may be served.. Mu.SPAW/& BESHORE Supreme'Ct. l~Pa~~9 '2~6 ~lUi~ 130 State Street, P.O. Box 946 Harrisburg, P.~ 17108-0946 Attom~ for Plaintiff Wfl.~.~AM IL FRI3~ PetitioneF/Xntervenor v. GUSTAVO MORENO, and AMY L. MORENO ANNA ~ and W~.,.IAM ~ Respondents : IN ~ COURT OF COMMON pI.I~.AS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION o LAW 00-2S02 CIVIL TERM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400~.~2 TO: Dr. Gail Grant, Principal The Mayflower Elementary School 210 North Mayflower Monrovin, CA 91016 Within twenty (20) days af~cr service of this subpocna, you arc orclnzxl by tho court to produco tho following docummts or things: any and all documents, including student evaluations, home eulunfion& school psychologist/guidance counselor evaluations, etc. on rde with the Mayflower Elementary School regardhg Ah ~e Fr/tz, social security number 612-74-3761 nd/or her mother Ann Maria Moreuo Fr/tz, social security number, S66-SS-4382, last known address being 6 Hidden Valley Road, Monrovia, Los Angeles County, California 91016 at t]~ offices ofl~filspaw ,~ Beshorc, 130 State Street, PO. Box 946, Hanisbutg, PA 17108-0946. You may dclivcr or mail legible copies of thc docum~t or produce things rexlucs~l by this subpoena, togcthcr with tl~ ccrtifica~ of compliancc, to th~ party making this rcque~ at the address listed above. You Imw thc right to seek in advance thc r~asonablc cost of preparing th~ copies or producing thc afar its service,, the p~ty serving tiffs subpoem may seek a ~:mat ord~ compelling you to c~nply with iL THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: LD. # 19226 130 Sta~ Stm~t ~ PA 17101 ATI'ORNEY FOR: W~.~.~d~l FRITZ BY TH~ COURT: F:~DA~DO~ Fritz~ubl~m, Se, hoo105-08-00 wn,LIAM B. FRFIT, Pefitioner/Intervenor GUSTAVO MORENO and AMY L. MORENO, Petitioners V. ANNA lrR137, and WILLIAM FRk'tz,, Respondents IN TwE COURT OF COMMON PI,EAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION: LAW 0(k2502 CIVIL TERM IN CUSTODY CEI~TINICATE OF SERVICE AND NOW, this I ;'~day of May, 2000, I, Elizabeth M. Cxable, Legal Assistant to Luther E. Milspaw, Jr., F.~uire, hereby certify that I this day served the foregoing Intent to Serve Subpoena by depositing the same in the U.S. mail, postage pre-paid, at Hanisburg, Pennsylvania G-ustavo Moreno and Amy L. Moreno One Clay Road Carlisle, PA 17013 Mark D. Schwartz, Esquire Irwin, McKni~t & Hughes West Potnfret Professional Building 60 West Pomfi-et Street Carlisle, PA 17013 WILl,lAM B. FRITZ Petitionerflntervenor Ye GUSTAVO MORENO and AMY L. MORENO, Petitioners V. ANNA FILrrz and WILLIAM FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-2502 CIVIL TERM IN CUSTODY CERTIFICATE PREREOUIS1TE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service ora subpoena for documents and things pursuant to Rule 4009.22, William A Fritz, Plaintiff, certifies that 1. A notice of iment to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, certificate, A copy of the notice of intent, including the proposed subpoena, is attached to this 3. No objection to the subpoena has been received, and to the notice of intent to serve the subpoena. June 7, 2000 The subpoena which will be served is identical to the subpoena which is attached WILLIAM B. FRITZ Petitioner/Intervenor GUSTAVO MORENO and AMY L. MORENO, Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : 00-2502 CIVIL TERM -v~ ~ --~ ~A ~ and ~L~M F~, : ~ CUSTODY R~pouden~ . NO~ OF ~ TO SER~ A S~POENA TO ~ROOU~ DOC~~ THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 WILLIAM B. FRITZ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) date from the date listed below in which to file ofrec0rd and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served.. Luther E. 1~spa,~, l~, Esquire Supreme Ct. ID ~9'226 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 Attorney for Plaintiff WILLIAM B. FRITZ Petitioner/Intervenor GUSTAVO MORENO and AMY L. MORENO, Petitioners ANNA FRI'Y~'. and V~ILLTAM ~ Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : 00-2502 CIVIL TERM : : IN CUSTODY : NOT/CE TO: Monrovia Poi/ce Department Attention: Carmen Acosta 140 East Lime Avenue Monrovia, CA 91016 You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. Date: Petitioner/Iutervenor ¥. GUSTAVO MORENO, and AMY L. MORENO ANNA FRITZ and V~r,LIAM FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW 00-2502 CIVIL TERI~ IlV CUSTODY' SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Monrovia Police Department Attention: Carmen Acosta 140 East Lime Avenue Monrovia, CA 91016 Within twenty (20) days attar service of rigs subpo~a, you are ordered by the court to produce the following documents or things: any and all documents on £fle with the Monrovla Police Department regarding one Aun Maria Moreno Fritz, social security amber, $66-55-4382, last known address being 6 Hidden Valley Road, Mourovia, Los Angeles County, California 91016 at 1he offices of lvfilspaw & Beshore, 130 Stat~ Street, PO. Box 946, Harrisburg, PA 17108-0946. You may delivex or mail legible copies of the docun~t or produce things requested by this subpoena, tog~er with the certificat~ of cempliance, to the party making this request at the address listed above. You have the right to seek in advance tbo reasouabio cost of preparing the copies or producing t~ If you fail to produce the documents or things requited by the subpocna within twenty (20) days afer its sea, ice. tl~ party serving this subpoena may seek a court orc~r compelling you to ~p~ ~ it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ATI'ORNEY FOR: WILLIAM FRITZ BY ~ COURT: (Prothonotary) F:~LEMR)O~ FtiizV~ubpoena-Polie~ 05-08-00 WH~LIAM B. FRITZ Petitioner/lntervenor GUSTAVO MORENO and AMY L. MOR~NO, Petitioners V. ANNA FRITZ and WILLIAM FRITZ, Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : CIVIL ACTION - LAW : : 00-2~02 CIVIL TERM : : IN CUSTODY : CERTIFICATE OF SERVICE AND NOW, this I~day of May, 2000, I, Elizabeth M. Gable, Legal Assistant to Luther E. Milspaw, Jr., Esquire, hereby certify that I this day served the foregoing Intent to Serve Subpoena by depositing the same in the U.S. mall, postage pre-paid, at Harrisburg, Pennsylvania addressed as follows: Gustavo Moreno and Amy L. Moreno One Clay Road Carlisle, PA 17013 Mark D. Schwartz, Esquire ~ McKnight & Hughes West Pomfi'et Professional Building 60 West Pomfi'et Street Carlisle, PA 17013 Date: Elizabe~IM. Gable WILLIA~ B. FRITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. : CIVIL ACTION - LAW GUSTAVO MORENO, and : AMY L. MORENO, : 00-2502 CIVIL TERM Petitioners : V. : ANNA FRITZ and WILLIAM : FRITZ, : Respondents : IN CUSTODY IN RE: VISITATION ORDER OF COURT AND NOW, this 9th day of June, 2000, this matter having been called for hearing, it is ordered and directed that shared legal custody of Alea Fritz, 22nd, 1993, shall be between William Fritz, Sr., Fritz, and Gustavo Moreno subject to the following periods of physical custody: 1. Physical custody of the child between June 10th to July 2nd, and from July 31st to August 21st, shall be in Gustavo Moreno and Amy L. Moreno, and from July 3rd through July 30th in William Fritz, Sr. Liberal telephone contact between the child and the non-custodial party shall be permitted. In addition, the then custodial party shall permit at least one weekend visit in the then non-custodial party during any period of physical custody. born July Anna 2. The mother, Anna Fritz, shall be permitted liberal visitation with the child upon reasonable notice on condition that she be sober, and that she not drink and drive when with the child. 3. Under no circumstances shall any party hereto remove the child to the State of California unless all of the legal custodians shall agree to the contrary. Purther hearing herein is set for Monday, August the 21st, 2000, at 9:30 a.m. Pending same, the parties will agree to the selection of a custody evaluator who will, at a minimum, conduct a home study of the parties and an evaluation of the child. The costs of said evaluation to be advanced by William Fritz, Sr., without prejudice to him to seek an allocation of the costs among the other parties to this matter. By the Court, Luther E. Milspaw, For the Pet it ioner/Int ervenor Mark D. Schwartz, Esquire For Respondents James K. Jones For Petitioners :mae WILLIAM B. FRITZ, SR., Respondent VS. GUSTAVO MORENO and AMY L. MORENO, Respondents VS. ANA FRITZ, Petitioner and WILLIAM B. FRITZ, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-2502 1NCUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Ana Fritz, by and through her counsel of record, Bradley L. Griffie, Esquire and petitions the Court as follows: Your Petitioner is Ana Fritz, an adult individual currently residing at 527 West Foothill Boulevard, #5, Monrovia, Los Angeles County, California. Respondent, William B. Fritz, is an adult individual currently residing at 8 Banbury Road, Hummelstown, Dauphin County, Pennsylvania. Respondents, Gustavo Moreno and Amy L. Moreno, are adult individuals currently residing at 1 Clay Road, Carlisle, Cumberland County, Pennsylvania. Respondent, William B. Fritz, Sr., is an adult individual curremly residing at 8 Banbury Road, Hummelstown, Dauphin County, Pennsylvania. Petitioner and Respondent, William B. Fritz, are the natural parents of Alea Cheyenne Fritz, bom July 22, 1993. Respondents, Gustavo Moreno and Amy L. Moreno, are the maternal aunt and uncle of the child. 7. Respondent, William B. Fritz, Sr., is the paternal grandfather of the child. The parties are subject to an Order of Court dated October 10, 2002, which is attached hereto and incorporated herein by referenced as Exhibit "A." Petitioner is a recovering alcoholic and had previously encountered various medical difficulties, some of which were associated with her alcoholism. 10. Due to Petitioner's alcoholism and other related problems, the parties, in the past have agreed to arrangements as set forth in the attached Court Order, wherein Petitioner has had contact with her daughter but that contact has been supervised. 11. Petitioner has been free from any alcohol use or consumption of any nature for a period of twelve (12) months and has confirmation from her physician that she does not have any diseases or illnesses that could in any way affect her daughter. 12. Petitioner is gainfully employed with ISU Valley Insurance Services in Covina, California. 13. Petitioner has the support of her primary internist, Glenn M. Koteen, and her counselor, Kasey C. with Impact Drug and Alcohol Treatment Center, relative to her abilities to provide care for her daughter for periods of physical custody. 14. It is in the best interest and permanent welfare of the child to have additional periods of contact with Petitioner and, more particularly, to have the opportunity to have unsupervised contact with Petitioner. 15. Petitioner has an appropriate home and otherwise is able to care for the needs of her child, Alea, who is ten (10) years of age and has a strong bond and an appropriate relationship with Petitioner. 16. It is in the best interest and permanent welfare of the child to expand Petitioner's periods of partial custody to include unsupervised contact while Petitioner is in the Commonwealth of Pennsylvania. WHEREFORE, Petitioner requests your Honorable Court to schedule a conciliation conference, followed by a hearing if necessary, and enter an Order accordingly. Respectfully submitted, Date GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 unswom falsifications to authorities. DATE: ~ANA M. FR]¢/~titioner WILIAAM B. FRITZ, SR., Pctitioner/lntervenor V (;USTAVO MORENO and AMY L MORENO, Petitioners ANNA FRITZ and WILLIAM B. FRITZ, : Respondents IN TIlE COIII>,T OF COMMON PLEAS OF ( UMBERLAND (O1 NTY, PENNSYLVAN1A CIVIL ACTION- LAW NO. 00- 2502 CIVIL : IN CUSTODY COURT ORDER AND NOW, this .d0 ~ day of October, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that all prior custody orders entered in the above case are vacated and the following order is entered: The natural Father, William B. Fritz, Jr., and the paternal grandparents, William B. Fritz, Sr. and Kathy Fritz, along with the natural Mother, Anna Moreno Fritz, shall enjoy shared legal custody of the minor child Alea Cheyenne Fritz, born July 22, 1993. The Father and paternal grandparents shall enjoy primary physical custody of the minor child. o The Mother shall enjoy periods of temporary physical custody with the minor child as follows: Ao When the Mother returns to Pennsylvania from California and upon reasonable notice to the Father and paternal grandparents, Mother shall enjoy at least 48 hours of temporary custody with the minor child on the condition that the maternal aunt and uncle, Gus and Amy Moreno, shall be present with the Mother while she has custody of the minor child. B. At such other times as agreed upon by the parties. EXHIBIT The Father aud the paternal grandparents shall ensure that the minor child continues to eujoy a healthy relationship and reasonable contact with the Mother's family in Pennsylvania including the maternal annt and uncle, Gus and Am3 Moreno, and the maternal grandmother, Norma Moreno. This order is entered pursuant to an agreement reached by the parties at a custody couciliation conference. In the event either party desires to modify this order, that party may petition the conrt to have the case again scheduled with the custody conciliator for a conference. BY THE COURT, Ke'vin A. Hess CC: Bradley L. Griffie, Esquire Luther E. Milspaw, Esquire Mr. and Mrs. Gustavo Moreno 1 Clay Road Carlisle, PA 1701.3 WILLIAM B. FRITZ, ['ctitioner/lntervenor GUSTAVO MORENO anti AMY L. MORENO, Petitioners ANNA FRITZ and WILLIAM B. FRITZ, Respondents 1N TIlE COURT OF COMMON PLEAS OF : CUMBF~RLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW : NO. 00 - 25(}2 CIVIL 1N CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPOR~T IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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: Alea Cheyenne Fritz, born July 22, 1993. o A Conciliation Conference was held on October 3, 2002, with the following individuals in attendance: The Father, William B. Fritz, Jr., and the paternal grandparents William B. Fritz, Sr. and Cathy Fritz, with their counsel, Luther E. Milspaw, Esquire. Also present were Bradley L. Griffie, Esquire who is attorney for the Mother Anna Fritz. 3. Through counsel, the parties agreed to the entry of an order in the form as attached. DANTE WILLIAM B. FRITZ, SR. PLAINTIFF V. GUSTAVO MORENO AND AMY L. MORENO VS. ANA FRITZ, PETITIONER AND WILLIAM B. FRITZ, RESPONDENT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2502 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Monday, September 22, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before {acqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, October 20, 2003 at 8:30 AM tbr 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 apl~ear 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 hearinl~. FORTHECOURT. By: /s/ Jacqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or heaffmg. YOU SHOULD TAKE THIS PAPER TO YOUR AWfORNEY AT ONCE. IF YOU DO NOT HAVE AN AT]?ORNEY 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 Bedtbrd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Luther E. Milspaw, Jr., Esquire Attorney I.D. No. 19226 130 State Street Harrisburg, PA 17101 (717) 236-3141 Voice; (717) 236-0791 Fax LMilso aw(&~,lB LawFirtn. corn Attorney for Plaintiffs WILLIAM B. FRITZ, Jr., WILLIAM B. FRITZ, Sr., and CATHERINE M. FRITZ, ANA MAR/A MORENO FRITZ, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : Docket No. 00-2502 : CIVIL ACTION- LAW IN CUSTODY : : Previously assigned to Judge Hess PETITION TO TRANSFER CUSTODY ACTION TO DAUPHIN COUNTY, PENNSYLVANIA AND NOW come William B. Fritz, Jr., William B. Fritz, Sr. and Catherine M. Fritz, by and through their counsel, Luther E. Milspaw, Jr., Esquire, and file this Petition to Transfer this Custody Action to Dauphin County, Pennsylvania, and in support thereof state as follows: 1. Petitioner, William B. Fritz, Jr. ("father"), is an adult individual who resides at 8 Banbury Road, Hummelstown, Dauphin County, Pennsylvania, and has resided there continuously since July 2000. He is the estranged husband of Respondent Ana M. Fritz ("mother") and the father of the minor child Alea Cheyenne Fritz ("child"), born July 22, 1993, who is the subject of this petition. 2. Petitioner, William B. Fritz, Sr. ("grandfather"), is an adult individual who resides at 8 Banbury Road, Hummelstown, Dauphin County, Pennsylvania, and has resided there continuously since 1984. He is the father of William B. Fritz, Jr. and the paternal grandfather of the child,. Petitioner, Catherine M. Fritz ("grandmother"), is an adult individual who resides at 8 Banbury Road, Hummelstown, Dauphin County, Pennsylvania, and has resided since 1984. She is the step-mother of father, wife of the grandfather, and the paternal grandmother of the child. Grandfather and grandmother have been the primary caretakers of the child on a day to day basis since March 14, 2000. Respondent, Ana M. Fritz ("mother") is an adult individual believed to be residing at 527 W. Foothill Boulevard, #5, Monrovia, Los Angeles County, California. She is the mother of the child and the estranged wife of father. Father suffered a serious stroke on February 27, 2000, as a result of which he became permanently partially disabled. At the time, he resided with the mother and child in California. Although his rehabilitation has been excellent and he is somewhat self-sufficient, he is still dependent on others. When discharged from hospitalization in July 2000, mother was unable to care for him and he was moved to Pennsylvania to reside with grandfather and grandmother. It is anticipated he will continue to do so indefinitely. Mother is a long term chronic alcoholic who in February, 2000 was experiencing serious medical difficulties which rendered her unfit and incompetent as a parent. Her chronic alcoholism was so severe that it had resulted in numerous arrests for driving under the influence of alcohol, the suspension of her driving license, arrests for public drunkenness, several previous unsuccessful attempts at residential detoxification programs, and so forth. Prior to his stroke, father had concluded that mother could not care for the child by herself, and when on business trips, would place the child with an overnight babysitter rather than leave her alone with mother. 2 Following the stroke of father, mother failed to properly care for the child. In March 2000, grandfather received a call from the principal of child's school in California, requesting that he come to California and take custody of the child. The principal informed him that she could not turn the child over to her mother as she had shown up at the school intoxicated. The principal informed grandfather that if he did not come and get the child, she would have to call Social Services. Grandfather contacted mother's sister, Rachel, who resides in California, and informed her of the situation. Shortly thereafter, Rachel called grandfather and asked if he would take custody of the child. He agreed, provided no one in the Moreno family objected. Rachel stated that the family had discussed this and felt that the best place for the child was with the grandfather and grandmother. Accordingly, Rachel put the child on a flight to Baltimore and grandfather picked her up at the airport. The child has resided continuously with her grandparents in Dauphin County, from March 14, 2000 to the present. She has been enrolled in South Hanover Elementary School, Union Deposit, Dauphin County, for that entire period. She is currently in the fifth grade. The mother executed a "Certification of Guardianship for School Purposes" on March 29, 2000, and also furnished a copy of child's birth certificate to grandfather to furnish to the school. On April 11, 2000, mother called grandfather and told him she was coming to Harrisburg the week before Easter and would be picking up the child to take her back to California. Grandfather told her he would not relinquish custody until the mother had gotten herself back into an alcohol rehabilitation or detoxification program and was "on the wagon" for at least a year. Grandfather had received a 10. 11. 12. 13. call just a few days earlier from the Monrovia Police Department inquiring about the welfare of the child because of mother's continuing alcohol problems. The Court of Common Pleas of Cumberland County initially took jurisdiction of this custody proceeding in April 2000, when the maternal uncle and aunt, Gustavo and Amy L. Moreno, at the instance of mother, sought custody of the child. At that time, the child had been residing in Dauphin County for less than a month, father was still hospitalized in California and had not yet joined her at the grandparent's home. No objection was raised or could have been raised at that time to venue in Cumberland County, Pennsylvania. Subsequently, on July 9, 2000, an Order was entered by this Honorable Court by The Honorable Kevin A. Hess, directing that shared legal custody of the child shall be between grandfather, mother and the maternal uncle. A copy of that Order is attached hereto as Exhibit A. Father and mother have been separated since father's discharge from hospitalization in July 2000 and are patties to a divorce action in Dauphin County, Pennsylvania captioned at Court of Common Pleas Docket No. 1886 S 2001. On October 10, 2002, upon Stipulation of the Parties, all prior custody orders were vacated and an Order was entered again by The Honorable Kevin A Hess, ordering shared legal custody to the father, grandfather, grandmother and mother. Primary physical custody was awarded to father, grandfather and grandmother, with periods of temporary physical custody with the mother when she visits in Pennsylvania, on the condition that the maternal aunt and shall be present with the mother while she has custody of the minor child. A copy of that Order is attached hereto as Exhibit B. 4 14. 15. 16. 17. 18. 19, On or about September 17, 2003, a Petition was filed by mother, claiming she had been alcohol free for a year and expressly seeking extended periods of unsupervised contact with thc minor ch/Id when the mother is in Pennsylvania. The Petition further implies that the mother is seeking custody of the child for unspecified periods in California. Since March, 2000 mother has visited the minor child only once at the child's home in Dauphin County, but has visited on a few occasions with the minor child at the home of the maternal uncle and aunt, subject to their supervision. All witnesses concerning the child are in Dauphin County, including all those associated with her home, school, church and social activities. Petitioners are not aware of any witnesses in Cumberland County whose testimony would be relevant in this custody proceeding, other than the maternal uncle and aunt, whose testimony would be limited to the times the child has visited with them and mother. Pursuant to 23 Pa.C.S.A. §5364, the provisions of the statutory custody sub- chapter relating to jurisdictional issues by and among courts of different states, are applicable to jurisdiction and venue issues between and among the Courts of Common Pleas of this Commonwealth. Pursuant to 23 Pa. C.S.A. §5344, jurisdiction of this child custody matter should be transferred to Dauphin County for the following reasons: A. Dauphin County is the home county of the child and has been the continuous home county of the child since March 14, 2000; 5 B. The child lives in Dauphin Cotmty in the same household with the father and patemai grandparents, who are the most significant connections that the minor child has with anyone, including her mother; C. All substantial evidence concerning the present and future care, protection, training and personal relationships of the child is available in Dauphin County, Pennsylvania, except as noted above; D. It is in the best interest of the child for Dauphin County to assume jurisdiction of this child custody matter; 20. "The home state is the preferred basis for jurisdiction pursuant to UCC.IA." Dincer v. Dincer, 549 Pa. 309, 316 701 A.2d. 210, 213 (1997); 21. It is clear that Cumberland County was never and is not now the home county for venue or jurisdiction purposes of this child and that Dauphin County is the home jurisdiction of this minor child; 22. It is not in the best interest of the minor child for Cumberland County to retain jurisdiction of this matter. 23. For the reasons above stated, it is in the best interest of the child that Cumberland County should relinquish jurisdiction to Dauphin County. 24. Until this Petition is resolved, it is appropriate that any further proceedings, including the presently scheduled pre-hearing custody conference scheduled before the Conciliator Hubert X. Gilroy, Esq., on Thursday, November 20, 2003 in Cumberland County, Pennsylvania, be stayed. WHEREFORE, Petitioners respectfully request this Honorable Court to enter an order relinquishing jurisdiction and transferring jurisdiction of this matter to Dauphin County, Pennsylvania. 6 October 14, 2003 Respectfully submitted, spaw, Jr, Esqmre Supreme Court ID # 19226 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141; FAX (717) 236-0791 Email: Lmilspaw(a)~mblawfirm.com Attorney for Petitioners WILLIAM B. FR/TZ, Jr., WILLIAM B. FRITZ, Sr., and CATHERINE M. FRITZ, Petitioners ANA MARIA MORENO FRITZ, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 00-2502 CIVIL ACTION- LAW IN CUSTODY VERIFICATION Subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, I hereby certify that I am one of the petitioners named in the foregoing petition, and that the facts set forth therein are tree and correct to the best of my personal knowledge, information and belief. Wflham B. Fri~ WILLIAM B. FRITZ, Jr., WILLIAM B. FRITZ, Sr., and CATHERINE M. FRITZ, ANA MARIA MORENO FRITZ Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :: Docket No. 00-2502 CIVIL ACTION- LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 14th day of October 2003, I, Elizabeth M. Patterson, Paralegal to Luther E. Milspaw, Jr., Esquire, hereby certify that I this day served the foregoing Petition by depositing the same in the U.S. mail, postage pre-paid, at Harrisburg, Pennsylvania addressed as follows: Bradley L. Griffie, Esquire Griffie & Associates 200 N. Hanover Street Carlisle, PA 17013 Elizabeth M. Patterson 9 WILLIAM B. FRITZ, Plaintiff V. GUSTAVO MORENO, and AMY L. MORENO, Petitioners V. ANNA FRITZ and WILLIA24 FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : 00-2502 CIVIL TERM : IN CUSTODY IN RE: VISITATION ORDER OF COURT AND NOW, this 9th day of June, 2000, this matter having been called for hearing, it is ordered and directed that shared legal custody of Alea Fritz, born July 22nd, 1993, shall be between William Fritz, Sr., Anna Fritz, and Gustavo Moreno subject to the following periods of physical custody: 1. Physical custody of the child between June 10th to July 2nd, and from July 31st to August 21st, shall be in Gustavo Moreno and Amy L. Moreno, and from July 3rd through July 30th in William Fritz, Sr. Liberal telephone contact between the child and the non-custodial party shall be permitted. In addition, the then custodial party shall permit at least one weekend visit in the then non-custodial party during any period of physical custody. 2. The mother, Anna Fritz, shall be permitted liberal visitation with the ~hild upon reasonable notice on condition that she be sober, and that she not drink and drive when with the child. 3. Under no circumstances shall any party hereto remove the child to the State of California unless all of the legal custodians shall agree to the contrary. Further hearing herein is set for Monday, August the 21st, 2000, at 9:30 a.m. ~ending same, the parties will agree to the selection of a custody evaluator who will, at a minimum, conduct a home study of the parties and an evaluation of the child. The costs of said evaluation to be advanced by William Fritz, allocation of the matter. Sr., without prejudice to him to seek an costs among the other parties to this By the Court, Ke~n ~. Hess, J. ~ ~ther E. Milspaw, EsquirZ ~or the Petitioner/Intervenor Mark D. Schwartz, For Respondents James K. Jones For Petitioners Esquire :mae · ¥ i:ROI' RECO D lhe ~a1 ot salo ~u~ '/ and .~ ~ ~ ~.1 , ~.~ OCT 0 8 002 WILLIAM B. FRITZ, SR., Petitioner/lntervenor GUSTAVO MORENO and AMY L. MORENO, Petitioners ANNA FRITZ and WILLIAM B. FRITZ, : Respondents : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 00 - 2502 CIVIL IN CUSTODY CO~TO~ER ~ ~da AND NOW, this /o y of October, 2002, upon consideration of the attached Custody Conciliation, Report, it is ordered and directed that all prior custody orders entered in the above case are vacated and the following order is entered: The natural Father, William B. Fritz, Jr., and the paternal grandparents, William B. Fritz, Sr. and Ka~y Fritz, along with the natural Mother, Anna Moreno Fritz, shall enjoy shared legal custody of the minor child Alea Cheyenne Fritz, born July 22, 1993. + The Father and paternal grandparents shall enjoy primary physical custody of the minor child. The Mother shall enjoy periods of temporary physical custody with the minor child as follows: Ao When the Mother returns to Pennsylvania from California and upon reasonable notice to the Father and paternal grandparents, Mother shall enjoy at least 48 hours of temporary custody with the minor child an the condition that the maternal aunt and uncle, Gus and Amy Moreno, shall be present with the Mother while she has custody of the minor child. B. At such other times as agreed upon by the parties. The Father and the paternal grandparents shall ensure that the minor child continues to enjoy a healthy relationship and reasonable contact with the Mother's family in Pennsylvania including the maternal aunt and uncle, Gus and Amy Moreno, and the maternal grandmother, Norma Moreno. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event either party desires to, modify this order, that party may petition the court to have the case again scheduled with the custody conciliator for a conference. CC: Bradley L. Griffie, Esquire Luther E. Milspaw, Esquire Mr. and Mrs. Gnstavo Moreno I Clay Road Carlisle, PA 17013 BY THE COURT, / o. yin A. Hess TRUE COPY FROM RECORD la Testimony wherr~f, I here unto set my kalld am:l the seal of t:;~id Court at Carlisle, ~ Prothonc4ar~ WILLIAM B. FRITZ, SR., Petitioner/lntervenor V GUSTAVO MORENO and AMY L. MORENO, Petitioners ¥ ANNA FRITZ and WILLIAM B. FRITZ, Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 00 - 2502 CIVIL IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMA~Ry REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following The pertinent information pertaining to the child who is the subject of this litigation is as follows: Alea Cheyenne Fritz, horn July 22, 1993. A Conciliation Conference was held on October 3, 2002, with the following individoal~ in attendance: The Father, William B. Fritz, Jr., and the paternal grandparents William B. Fritz, Sr. and Cathy Fritz, with their counsel, Luther E. Milspaw, Esquire. Also present were Bradley L. Griffie, Esquire who is attorney for the Mother Anna Fritz. 3. Through counsel, the parties agreed to the entry of an order in the form as attached. WILLIAM B. FRITZ, Jr., WILLIAM B. FRITZ, Sr., and CATHERINE M. FRITZ, Petitioners ANA MARIA MORENO FRITZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : Docket No. 00-2502 : CIVIL ACTION- LAW IN CUSTODY : Respondents : RULE TO SHOW CAUSE AND NOW, this ~ ~ ~day of C~-~~'~ ,2003, upon consideration of Plaintiffs' Petition to Transfer Custody Action, a Rule to Show Cause is hereby issued upon Respondents Ana Maria Moreno Fritz, Gustavo Moreno and Amy L. Moreno to show cause why the Petition should not be granted..Mc~u,Mfile, all proc~dln~ i,, flfia matter to bo gtayed. '~/~ RULE RETURNABLE I O DAYS FROM SERVICE. Distribution: BY THE COURT Kev~. Hess, Judg/'~e ~her E. Milspaw, Jr., Esquire, 130 State Street, Harrisburg, PA 17101 t~l~radley L. Griffie, Esquire, 200 N. Hanover Street, Carlisle, PA 17013 WILLIAM B. FRITZ, SR. PLAINTIFF V. GUSTAVO MORENO AND AMY L. MORENO VS. ANA FRITZ, PETITIONER AND WILLIAM B. FRITZ, RESPONDENT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2502 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 30, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 23, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effbrt 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/ Hubert X. Gilroy, Esq. 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 inibrmation about accessible fhcilities 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 WILLIAM B. FRITZ, SR., Petitioner/Intervenor V GUSTAVO MORENO and AMY L. MORENO, Petitioners V ANNA FRITZ and WILLIAM B. FRITZ, Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 00 - 2502 CIVIL : : : : : 1N CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8Co), 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: Alea Cheyenne Fritz, born July 22, 1993. A Conciliation Conference was held on October 3, 2002, with the following individuals in attendance: The Father, William B. Fritz, Jr., and the paternal grandparents William B. Fritz, Sr. and Cathy Fritz, with their counsel, Luther E. Milspaw, Esquire. Also present were Bradley L. Griffie, Esquire who is attorney for the Mother Anna Fritz. 3. Through counsel, the parties agreed to the entry of an order in the form as attached. WILLIAM B. FRITZ, SR., Petitionerflnt ervenor V GUSTAVO MORENO and AMY L. MORENO, Petitioners V ANNA FRITZ and WILLIAM B. FRITZ, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 00 - 2502 CIVIL : : IN CUSTODY CO~TO~ER AND NOW, this /o "- day of October, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that all prior custody orders entered in the above case are vacated and the following order is entered: The natural Father, William B. Fritz, Jr., and the paternal grandparents, William B. Fritz, Sr. and Kathy Fritz, along with the natural Mother, Anna Moreno Fritz, shall enjoy shared legal custody of the minor child Alea Cheyenne Fritz, born July 22, 1993. The Father and paternal grandparents shall enjoy primary physical custody o~ the minor child. The Mother shall enjoy periods of temporary physical custody with the nfin~ child as follows: When the Mother returns to Pennsylvania from California and u[ reasonable notice to the Father and paternal grandparents, Mot' shall enjoy at least 48 hours of temporary custody with the minor cl on the condition that the maternal aunt and uncle, Gus and / Moreno, shall be present with the Mother while she has custody o! minor child. B. At such other times as agreed upon by the parties. The Father and the paternal grandparents shall ensure that the minor child continues to enjoy a healthy relationship and reasonable contact with the Mother's family in Pennsylvania including the maternal aunt and uncle, Gus and Amy Moreno, and the maternal grandmother, Norma Moreno. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the custody conciliator for a conference. CC: Bradley L. Griffie, Esquire Luther E. M[ilspaw, Esquire Mr. and Mrs. Gustavo Moreno 1 Clay Road Carlisle, PA 17013 BY THE COURT, K~,n/A. es (L~ ~ 10 WILLIAM B. FRITZ, Jr., WILLIAM B. FRITZ, Sr., and CATHERINE M. FRITZ, Petitioners VS. ANA MARIA MORENO FRITZ, Respondent : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKETNO. 00-2502 : CIVIL ACTION - LAW : IN CUSTODY ANSWER TO THE PETITION TO TRANSFER CUSTODY ACTION TO DAUPHIN COUNTY, PENNSYLVANIA AND NOW, comes Respondent, Ana Maria Moreno Fritz, by and through her counsel of record, Bradley L. Griffie, Esquire, and files the following Answer to the Petition to Transfer Custody Action to Dauphin County. 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. 4. ADMITTED in part. DENIED in part. It is admitted that Mother did reside at the address set forth in the Complaint. It is averred, however, that Mother has recently moved to Plainfield, Cumberland County, Pennsylvania, and has a mailing address of P.O. Box 188, Plainfield, Pennsylvania, 17081. 5. ADMITTED in part. DENIED in part. It is denied that whenever Father was discharged from hospitalization in July 2000 that Mother was unable to provide for care for him and averred, rather, that Mother had already made arrangements to provide transitional care for Father but Grandfather, with two (2) days notice, came to California and removed Father from Mother's home. All other provisions of paragraph 5 are admitted, DENIED as stated. While it is admitted that Mother is an alcoholic, Mother has secured treatment for that alcoholism. Mother was functioning appropriately in her family life, her employment, her social life and all other aspects of her life from October 1993 until Father's stroke in February 2000, which stroke put severe emotional and financial pressure on Mother and which caused a relapse in her alcoholism. It is admitted that Mother had prior DUI offenses that occurred more than ten (10) years ago and one such offense which occurred in 2000 when Mother had a relapse of her alcoholism. It is admitted that Mother's alcoholism relapse caused her to submit to a sixty (60) day in-patient treatment facility in July through September of 2002, which treatment facility was successful in that Mother has not had any alcohol related arrests, confrontations, or problems since that time. It is further averred that for an extended period of time, Mother chose to not have a driver's license because public transportation was available for her in California and there was no need for her to have a driver's license from her and Father's perspectives. It is furvher averred that at this time Mother has chosen to not have a driver's license, even though she is legally authorized to have one. It is specifically denied that Father made any determination that Mother could not care for the parties' child when he was on business trips prior to his stroke. It is averred, rather, that Mother did in fact care for the child when Father was on business trips but that Father's business trips became longer and longer and Mother's transportation and employment situation was such that an overnight babysitter was the best alternative available to the parties at the time. ADMITTED in part. DENIED in part. It is admitted that Mother had a relapse of her alcoholism in February and March of 2000 as previously indicated. It is denied, however, that the agreement was made for Grandfather to take custody of the child through Mother's sister, Rachel. It is averred, rather, that Mother's sister, Rachel, was making arrangements through Mother's family and Father's family for the child to return to Pennsylvania and be in the care of both families with the specific arrangement to be established between them in further discussions. It is averred that upon the child returning to Pennsylvania, Grandfather retained custody and began to severely limit the opportunities available to Mother's family to have contact with the child. It is further averred that within this time flame, Father's Mother, the child's natural Grandmother, went to California to assist Mother and Father relative to their needs and the needs of the child. ADMITTED. ADMITTED in part. DENIED in part. It is denied that the Monrovia Police Department telephone Grandfather questioning Mother's continuing alcohol problems. It is averred, rather, that a representative from social services from the Monrovia area was in contact with Mother and Grandfather relative to confirming that the child was in Grandfather's care in April 2002. It is denied that Grandfather indicated that he would not relinquish custody until Mother had been "on the wagon" for at least a year. It is admitted that Grandfather refused to allow the child to return with Mother. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. ADMITTED in part. DENIED in part. It is denied that Mother insisted Gustavo and Amy L. Moreno initiate litigation to secure custody of the child. The remaining portions of paragraph 10 are admitted. It is further averred, however, that the arrangement that had been agreed upon before the child returned to Pennsylvania was for Mother's and Father's family to share custody of the child in an appropriate manner that would be in her best interest. ADMITTED. ADMITTED. ADMITTED. It is further averred that the Stipulation and Orders speak for themselves. ADMITTED. DENIED as stated. While it is admitted that Mother visited the Grandparents' home once, it is further averred that on all occasions when she has been able to return to Pennsylvania, she has visited with the child, subject to the severe restrictions that Grandmother and Grandfather demand relative to her visits. DENIED. It is denied that all witnesses concerning the child are in Dauphin County, as all the witnesses in Mother's family would testify in this matter reside in Cumberland County. ADMITTED. ADMITTED. A. ADMITTED. B. ADMITTED. C. ADMITTED. D. ADMITTED. 20. ADMITTED. 21. ADMITTED. 22. ADMITTED. 23. ADMITTED. 24. DENIED. It is denied that all matters including the conciliation conference scheduled for Thursday, November 20, 2003, should be stayed pending the resolution of the Petition. WHEREFORE, Petitioner requests your Honorable Court to relinquish jurisdiction of the matter to Dauphin County, Pennsylvania but not take any additional action in this matter pending the transfer of the case to Dauphin County. Respectfully submitted, GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. x'"'"'"P~,~A ~ARIA MORENO FRITZ, Petitioner WILLIAM B. FRITZ, Jr., WILLIAM B. FRITZ, Sr., and CATHERINE M. FRITZ, Petitioners VS. ANA MARIA MOKENO FRITZ, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 00-2502 CIVIL ACTION - LAW 1N CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the _~day of November, 2003, cause a copy of Petitioner's Answer to the Petition to Transfer Custody Action to Dauphin County, Pennsylvania to be served upon Plaintiff's attorney of record by first class mail, postage prepaid at the following addresses: Luther E. Milspaw, Jr., Esquire P.O. Box 946 Harrisburg, PA 17108-0946 quire TES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 WILLIAM B. FRITZ, Jr., WILLIAM B. FRITZ, Sr., and CATHERINE M. FRITZ, Petitioners ANA MARIA MORENO FRITZ, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : Docket No. 00-2502 : CIVIL ACTION- LAW IN CUSTODY : .. MOTION TO MAKE RULE ABSOLUTE AND ENTER ORDER TRANSFERRING CUSTODY CASE TO DAUPHIN COUNTY AND NOW, this l0TM day of November, 2003, the Petitioners request the entry of an order making role absolute and transferring this custody action to the Court of Common Pleas, Dauphin County, Pennsylvania, and in support thereof state: A Rule to Show Cause was issued on October 22, 2003 and served on the attorney for the Respondent via regular mail by the Prothonotary on October 23, 2003. In response to the Rule, an Answer to the Petition was filed by Respondent but she did not object to the transfer of the custody action to Dauphin County. Respondent believes that the Order should only provide for the transfer of jurisdiction and not the record, but Petitioners request that the entire record be transferred. WHEREFORE, it is requested that this Honorable Court enter an Order making the Rule absolute and transferring jurisdiction of this custody action along with the entire record to Dauphin County, Pennsylvania. 'y su 5itted, Milsp~~ ~, ~ i., Esquire Supreme Court ID # ~9226 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141; FAX (717) 236-0791 Email: Lmilsp aw(~mblawfirm.com Attorney for Petitioners WILLIAM B. FRITZ, Jr., WILLIAM B. FRITZ, Sr., and CATHERINE M. FRITZ, Petitioners ANA MARIA MORENO FRITZ Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 00-2502 : CIVIL ACTION- LAW : IN CUSTODY : CERTIFICATE OF SERVICE AND NOW, this l0th day of November, 2003, I, Elizabeth M. Patterson, Paralegal to Luther E. Milspaw, Jr., Esquire, hereby certify that I this day served the Foregoing Motion to Make Rule Absolute and Enter Order Transferring Custody Case to Dauphin County by Depositing the Same in the U.S. Mail, Postage Pre-paid, at Harrisburg, Pennsylvania addressed as follows: Bradley L. Griffie, Esquire Griffie & Associates 200 N. Hanover Street Carlisle, PA 17013 BY: · EYlzab"~th M. Patterson WILLIAM B. FRITZ, Jr., WILLIAM B. FRITZ, Sr., and CATHERINE M. FRITZ, Petitioners ANA MARIA MORENO FRITZ, Respondent NOV : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 00-2502 : CIVIL ACTION- LAW IN CUSTODY : : ORDER OF COURT AND NOW, this 2_o ' day of November, 2003, upon consideration of the foregoing Petition to Transfer Custody Action to Dauphin County, Pennsylvania, and the Answer thereto, IT IS ORDERED that jurisdiction in Cumberland County of this custody case is relinquished and the case is transferred to Dauphin County. The Prothonotary of Cumberland County is directed to transfer the record in this matter to the Prothonotary of Dauphin County, Pennsylvania. BYTHECOURT: ~e/~n A. Hess, Judge / Distribution: ,/Luther E. Milspaw, Jr., Esquire, 130 State Street, Harrisburg, PA 17101 ,,/Bradley L. Cn'iffie, Esquire, 200 N. Hanover Street, Carlisle, PA 17013 11/19/03 WED 10:25 FAX 2360791 MILSPAW & BESHORE LUTHER E. MII:$PAW, Jr., ESQUIRE Attorney at Law 130 State Street, P. O. Box 946 Harrisburg, PA 17108~0946 (717) :1~6-3ta!, FA~X (7l~) 236-0791 Email: Lmilspaw .(~nblawilr r~com PAX TRANSMISSION COVER SHEET DATE: November 19, 2003 TO: Thc IIonoraBlc K~vin A. Hesa Judge of the Court of Common Pleas of Cumberland County Fax No 717-240-6462 Voice N o 717-240-6296 CC: Bradle.~ L, Oxiffie, Eaq, Fax No 717-243-5552 Voice No 717-243-5551 FROM: Luther g. Milspaw, Jr., Esquire Order Irausferriag Jurisdiction-Fritz v. Frilz, Doc3mt No. 00-2502 Total Pages lncludiug Cover Sheet: ~MMENTS: Please see the attached correspondence regarding the above captioned matter HARD COPY WILl ..... /WILL NOT ~ gOLLOW If ym~ do not ra~ive all of the i~a~ea trau~itted, pl~e contact our office immediately 31 (~17) 7390141. T~ W~] ~YEN MEg~,C:E I~ I~R T~ EXCLUSi~ U~ OF T~ ~D~ ~ CO~DENT~ PRI ~.,F,G~D ~ NON-D~ABLE ~O~TION. IF ~ ~CtP~ OF TInS ~A~gi~,E T~SMIS~ION ~ NOT 'r~ ADD~ SUCH ~I~T IS ~O~D FROM ~ING OR US~G TI~ ~qA(; g ~ ~ WAY. ~ YOU ~ RECE~ T~ ~A~E BY ~T~ FL~SE ~L O~{ O~CE I~ED~Y AND DES~OY T~ F~CS~E ~S~SSION DOCENTS. 11/19/03 WEB 10:25 FAX 2360791 ~ILSPAW & BESHORE ~002 LHTHER E.'MILSPAW, ,Jr. ATTORNEY AT LAW 130 STATE 5TILE~T P.O; BOX ~ H~SBHRG, · · · 0~ CowthO~c gquare · :Carlisle, PA 1701'3 The Honorable Kevin A, ~-Icss Court. of Comr~n Pleas .f Ctmi~lmid Couuty Nov~nber. 19, 2003 t;ti~z v.' Fritz !)ook~ No. 00-2502 I h~quired of Robbie on T~es&~y, November 18,2003, .whe~er you'h~l yet s~ theOrd~ ~ t~'abo~ r~f~o~ ~qlt~. ~f~ng.~g Fii~ gus~dy c~o to Da~ Co~. $~ ~oa~ ~t ' you decided tO do ~ ~:ca~ ofy~ ~ssi~ ~t B~d'~e ~d ~ot w~t ~'c~dy c~ci)iafi~ c~ently so~d~ to be sm~.'~t'm~.~ted it to'go i~. :I'll ~nclusion w~, I ~eli~ ~m~ed u~n yo~ review of P~ph 24 offs ~s~;. I bcli~ ~t.~ressi~ is.~o~ct. At the'~im~ ~'fil ~d the Answer tomy Petition to T~f~ Custody/he. sl~ ~( ~ed a gfi~ula~ which [ ~d ~d ~ Si~.my~lf ~ Octob~ 21,. ~p~g ~t ~e'~g w~ lo be ms~, I'~olos~ a c~y of.L~ Sfip~allou.' ~, Ofi~c gi~ it md ~t R back W ~ ~ a.cov~ ~sfe~ ~ Da~b~ (io~, ~d a ~'concilia~.subscq~y schedul~.h~e. Would.~0u p)qate'.review.thc matter again'and go fo~ with tl~ enia~ of an Order transferring [he case to Dal.tphiri Cotmty ~'.the ~des have agreed. · cC;' ' B~adl~yL.'Grifl~e~'Esq, 11/19/03 ~ED 10:26 FAX 2360791 MILSPAW & BESHORE ~003 ? yyi & , ssoc q' s Auorneys and Counselors at Law 2~0 North ~Isnover StF~et Carlisle. PA 17M3 ~Orm M~in Stre*t Chambersburg, PA 1'7201 (717) 267-1.~0 (800) .~47.4,..~S~ Fax ("/t?) 24,3-S~6.3 RE: Fritz vs. Fritz Dea~ Mr. Milspaw: EncloRed herein please fred a signed copy of the Stipulation t~t you lutd prepared in this matter to tr~n*fer jx~sdiction to Dauphin County. I have also enclosed a copy of an Order that I have prepared which is a modli%ation of your Order. I do not tb;nl~ that ~ entire file is physically transferred to Dauphin County so I removed the last I/nc of your Order that d/recind thc Prothonotary to do so, I thinlc with the Cour~ simply indicating that jurisdic~inn is Uausferred Order is std~i¢iant. I have prepared a Complaint for my client's review that we will then file in Dauphin County, atU~ching our Slipufatilm and the Order transfen'ing jurisdiction as an Exhibit. Along with that, I have prepared thc statldard Conuiliation Ordc~ so that wc should b~ able to file that, secure a conciliation date, and proceed. My client will bear the cost of initiating that proceeding. If the Onier is acceptable as modified, please feel free to file it of record providin~ an appropriate c~py to me. In addition, enclosed is a copy of an Answer that I am filing to your P~tion to Transfer lurisdiction. Because of some of tl~ allcgatious in the Petition, my client felt it was incmnbcu~ Lo file an Answer poin~tg ont the errors in the allc~'ations so that your Petition does not remain simply of record without the e,vors bein~ addressed. Please let mc lmow when you have filed the Stipulation so that we can fl,alizc our Complaint for filing, Your at cention is appt ~ciated. BL(J/msg Enclosure Cc: Aha Fritz 11/19/05 ~ED 10:26 FAX 2360791 MILSPAW & BESMORE 9004 WILLIAM B. FRITZ, Jr., WILLIAM B. FRITZ, Sr., mad CATHERINE M. ~RIT~ Petitioner ANA MARIA MORENO FRITZ, l~spondent IN ~ COURT OF COMi~ON PLEA~ CUMBERLA1ND COUNTY, PENNSYLVANIA Docket No. 00~2502 CIVIL ACTION- LAW IN CUSTODY STIPULATION Og THE PARTIES that tim proc~e4ing is to be transferred to the Conrt of Common Pleas, Dauphin County, Pe~-~lvania. 200 North Hanov~ Street Carlislo, ]'A 17013 Attorney for ~o~utt ~ Maria Morro F~itz Resp~off~lly sub~t~d, Euthr~ I~ Mdspaw, ;x, E~qm~ 130 S~ Sffeet H~sb~g, PA 17101 A~om~y for Wi~ B. Film, Jr., WilH~ B. Frim, Sr. 11/19/03 WED 10:26 FAX 2360791 MILSPAW & BESHORE ~008 WILLIAM B. FRIT2,, ~lr., WILLIAM B. FRITZ, Sr., ami C,XI'H~;RINE M. Petitioner ANA MARIA MORI~:NO I~ITZ~ : IN THE COURT OF COMMON PLEAS : C'7LT1VIBE~A-ND CO~, pE1N'N$¥]LV-A3NI. A. ; '- Docket No. 00-2502 ; CIVIL ACTION- LAW iN CUSTODY : ORDER OF COURT AND NOW, -this .... .-. -d~y. of ......... -~ .... -c2G03, upc~ coRsid~w-at, ion- of.the ..... Rtipulation of the Pa~ties and the underlying Petition to Transfer Custody Action to Dauphin County, Pennsylvania, it is hereby ordered that jurisdiction of this custody matter shall be transferred to Dauphin County, Pennsylvania and that the Court of Common Pleas of Ct~mbedand County hereby relinquishes jurisdiction. The Prothonotary of Cumberland County is directed to transfer the record in this matter to the Prothonotary of thn C'.ourt of Common Picas of Dauphin County, Pennsylvania. BY THE COURT: Kevin A. Hess, Judge Distribution: Luther E. Milspaw, Jr., Esquire, t30 State Street, Harrisburg, PA 17101 Bradley L. Grlffie. Esquire, 200 N. Hanover Street, Carlisle, PA 17013 11/19/05 WED 10:28 FAX ~$80791 MILSPAW & BESHORE ~008 V4TtJ,IAM B. FRITZ, Jr.. WILLIAM B. FP, ITZ, Sr., mad CA'I~ERINE M. FRITZ, Petitioners VS. ANA MARIA MOP, ENO ~RITZ, P~spondent IN TH]~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAIqL& DOCKET NO. CIVIL ACTION - LAW iN CUSTODY ORDER OF COURT AND NOW, dds _ day of , 2003, upon considexation of Stipulation of the Pmlies and the underlying Petition to 'rransler Custody Actioa to Dauphin County, Pe~n.~ylv;taka, it is hereby ordered that jurisdiction of this custody matter shall be transferred to Dauphin County, Pennsylvania and_ that the Court of Commo~ Pleas of Cumberluad County hereby reliuquiahes jurisdi~ion. By the Court, Kevin A. Hess, Judge Dis/-gbmian: Luther E. Milspaw, Ir., Esquire 130 Smt~ Sh-~ct, Harrisburg, PA 17101 Bradley L, C~-i tI'ie, Esquire 200 North Hanover Street, Carhsle, PA 17013 DEC 1l 2003 WILLIAM B. FRITZ, JR., WILLIAM, B. FRITZ and CATHERINE M. FRTIZ, Plaintiff V ANA MARIA MORENO FRITZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 - 2502 CIVIL IN CUSTODY COURT ORDER AND NOW, this /~ day of December, 2003, the conciliator being advised the above captioned case has been transferred to Dauphin County, the conciliator relinquishes jurisdiction. BY THE COURT,