Loading...
HomeMy WebLinkAbout00-05639 -i:.~" ~ ~~~ - . [",Wi.: t , RACHEL K. FANUS PLAINTIFF V. CHRISTOPHER M. WEISS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5639 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of August ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear lJeforeMelissa p, Greevy, Esq. , the conciliator, at 214 Senate Avenne, Suite 105, Camp Hill, FA 17011 on the 2nd day of October ,2000, at 9:15 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 J ; 1:_'1 _, "=" ~-~~~" ,~"'"""""'" ~- . . --,-, _~,._~~~~~~_',._._; >" "'C,'_.' UF ':-~---:-- , 1'- 1""- 1,-' \uliJ..FiY or) 'w' 'I'" D'j ,., ..1\. .j!..\,)(':; __" ; n ..): 34 CUM:j~hi..Ai\:J COUNlY PENNSYLVANIA ~'dd-CX'J W-(#ft ~ Ib 4~ ~'~)'6>> ~ ~ ~ ddl. f';D4:J L~ /J1~ Z: 4 ~ '( ~~, !';\fI!I!!l1!l~ ~ .~.,~~~'!ji~W1;w~lI'nllm!ll~!W~~"*'~ _"_'",i~_~ ""","~"_,o '"' _ .'-0-""" -"",__,.,--~,~:-",;~-,,"_,,",,O"';"''''''';V-~:~_' ----"4"0,,"_..., RACHEL K. FANUS Plaintiff Vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: ~- 15"(.3'1 -2000 : CIVIL ACTION - LAW CHRISTOPHER M. WEISS Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at day of , 2000, at on the for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the' court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717( 249-3166) '.'--'o"_"-""'~'''' '., ~-" ".",---,~" - "_'~_" _~,____ ,~o~~,_",,' " "d'_ ,--~"." .;...~,-. -i".,,',d""_';"'!'~;"""} "'-_ __", ""'cO"",,",, ,~ '" """-i' - ,C,'<~"'-. 1;,-,;,1.1';,,,,,, - p" -\,-".j~l RACHEL K. FANUS Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO: 01>,61. 3 9 -2000 : CIVIL ACTION - LAW CHRISTOPHER M. WEISS Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW COMES the Plaintiff, Rachel K. Fanus, by and through her attorney, Edward 1. Schorpp, Esquire, who avers the following: 1. The Plaintiff is Rachel K. Fanus, residing at 91B Partridge Circle, Carlisle (North Middleton Township), Cumberland County, Pennsylvania 17013. 2. The Defendant is Christopher M. Weiss, who resides at 69 Blue Pond Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff seeks full, primary physical and legal custody of the following child: Cameron M. Weiss 91B Partridge Circle Carlisle, PA 17013 Age: 10 months Date of Birth: October 5, 1999 4. The child was born out of wedlock. 5. The child is presently in the custody of Plaintiff, who resides as aforesaid. 6. During his lifetime, the child has resided with the following persons and at the following addresses: Rachel K. Fanus Christopher M. Weiss 173 E. Pomfret Street Carlisle, P A 17013 Birth to April, 2000 '-~--~,,-"--~- . <>;.<+:"" ,,-,,""'-",-,-'-'~'~-' ,-'-.",,"',,:,-,>'C( _,"_~;~C, ._'__-"__",_""~__ __",__~ '~_'_'~"' =_~,'>,--;",j~_ ,,-\ ,,~,-,'-~_j Rachel K. Fanus Mary 1. Wirick Mark W. Harris 91B Partridge Circle Carlisle, PA 17013 April, 2000 to the present 7. The mother of the child is Plaintiff, who resides as aforesaid, and is not married.. 8. The father of the child is the Defendant, who resides as aforesaid, and who is not married. 9. Plaintiff is the mother of the child and resides with the child, her mother, Mary 1. Wirick, and her mother's companion, Mark W. Harris. 10. Plaintiff has not participated as a party or a witness, or in another capacity, in other litigation concerning the custody ofthe child in this or any other court. 11. Plaintiff does not know of any other person not a party to the proceedings who has physical custody ofthe child or claims to have custody or visitation rights with respect to the child. 12. The best interest and permanent welfare of the child will be served by granting the relief requested because the child has always resided with the mother (Plaintiff), who has always been the primary caretaker and stabile influence in the child's life.. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. There are no other persons known to Plaintiff who should receive notice of the pendency of this action. 2 - -,. ~"-,,-." ".A 0' ,~- .~ ~ - .-~, '''''"'''"_''''~_"_''_-'__C",~, -, _ j.' "~ ,.'"%:'"~"'~,",,'::_'__~ ,_, ~; ,- ,,__~,--,~:",-. _ :_ }_"~'~'---"~"--" '_-A _ ;.,-~-_,->;<I WHEREFORE, Plaintiff requests the Court to grant full physical and legal custody of the child to Plaintiff. Dated:~~r/S-; co<CIc:':O , BY'~..? Edward 1. Schorpp, Esq re Attorney for Plaintiff 127 West High Street Carlisle, PA 17013 (717) 243-9258 3 . c'_ """ 'y ,-~-~--""'~-",. rd ~'r"','"",,,~_,_ ,,' -,' . -"<,-~,~'..~,,,,:'_-_':~: >;"i'; 0;,';"-_'<" "'""_ -_'.'",-.,-" ,_ C,''',-'-__'.',- , . VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statemen1s herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Dated:~LMk f} :2 000 f(~/C~ Rachel K. Fanus -"- , I ~ " , ~ " . J', - -. 1,.- ,-' ~ \-\ ~ .c <::; "i ... V 2 ~ v, -c. C 'd e ~ E ~ 'a {~ '" ~ ~'"" ~~\ '" () 0 0 0 c 0 -n Z -oG, :po :j c::: fTHC', :7J ~:,_',:D Z- ~Jj ,dr- 2-'-'_C' _:-_rT1 C!}.~;; (Jl -r1 t:J C:CJ ~~b :;?.. :G3li ~o "> ,-:)~ :"'70 >i2 - 1Srn ~ ,4 - ~ r,) ~ ", -.""'" "<, ~" ., ~ . n . ill.. l! ~ RACHEL K. FANUS PLAINTIFF V. CHRISTOPHER M. WEISS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5639 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 18th day of January, 2001, upon consideration ofthe attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq, , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 26th day of February ,2001, at 11:00 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR TIIE COURT, By: Isl Melissa P. Greevy. ~ Custody Conciliato 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 TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i :-, [! ;, II q i: 1-: :1 [i i! II :! . :.1 I I .'lI'l~om!r '.'. ~---,~ . 19J- l.")/ Id,J. .01 j-J;) -01 ~__.1"--,JIlQ~~ - -,~~-, . ,.-... .. '''-. '"-~"~,,., "'-''-''''''-1'' - -',' .. "II FD "'"F"'C: I __ '"""l.~ h....l_ U-,c n," pt1nYclr'N'OT.' RY I ., M- - j ,'_', ; "_ ~\. 1M 01 JAN 22 PM I; Id CUMBERLAND COUNTY PENNSYLVANIA w- ('~ M.~ ~ a1 J4 ~ ~ '0Q?(X. t~ ~ '-d, 4" ~~ _ "",J:g~iI;iR~~""W~';'t~ml!!l1li~_"__.,.~_ , .",- - -~ ,,""!"'!'~ , ,.IM!.. ,. T _, ,".'; :~,_,~~_,)~I ;;~<IIJ!il!mi.' ~ RACHEL K. FANUS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2000-5639 - CIVIL ACTION - LAW CHRISTOPHER M. WEISS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this _ day of, , upon consideration of the attached Petition to ModifY Custody, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _ day of , , at .m. for a Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme 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 pennanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of1990. 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 TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB 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 2 Liberty Avenue Carlisle, Pellllsylvania 17013 Telephone (717) 249-3166 --" - - , F:\FILES\DA. T AFILE\Gendoc.an:\GendocOO\lO 184-PET.lItde Created: 12f\9/001O:46:47AM Revised: , 01/09/01 02:J.3:31 PM RACHEL K. FANUS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2000.5639 - CIVIL ACTION - LAW CHRISTOPHER M. WEISS, Defendant IN CUSTODY PLAINTIFF'S PETITION TO MODIFY CUSTODY ORDER AND NOW, comes the Plaintiff, RachelK. Fanus, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and avers as follows: 1. Plaintiff is Rachel K. Fanus, residing at 91B Patridge Circle, Carlisle (North Middleton Township), Cumberland County, Pennsylvania 17013. 2. Defendant is Christopher M. Weiss, who resides at 69 Blue Pond Road, Newville, Cumberland County, Pennsylvania 17241. 3. This Petition to Modify Custody concerns the following child: Cameron M. Weiss, 9lB Patridge Circle, Carlisle, Pennsylvania 17013; Date of Birth: October 5,1999. 4. Plaintiff previously filed a Complaint for Custody at the above number and term. 5. On October 3, 2000, a Custody Conciliation Conference was held before Melissa Peel Greevy, Esquire, with the following persons in attendance: Plaintiff and her counsel, Edward L. Schorpp, Esquire; Defendant, Christopher M. Weiss, the father and his counsel, Kim Sebring, Certified Legal Intern, and her supervising attorney, Terry Henning, Esquire. 6. At the Conciliation Conference, the parties agreed to visitation and temporary custody matters, which agreement was incorporated into an Order of Court; a copy of said Order of Court, dated October 23, 2000 is attached hereto and marked as Exhibit "A." 7. Since the entry of the Order of Court, Defendant has not consistently exercised his physical custody/visitation rights and, to the contrary, has had very sporadic contact with the child. S. Since the entry of the Order of Court, Defendant has not spent significant time with the child during his periods of custody/visitation, but rather, for personal reasons unrelated to employment and/or necessity, has placed the child with his mother and/or others. -'-"""""'" d:..... <_ ~~ , .t 9. Since the entry of the Order of Court, Defendant has placed the child in an unwholesome, unhealthy and otherwise improper environment, and has exposed the child to physical violence between himself and his mother. 10. On those sporadic occasions when Defendant has exercised his rights under the Order of Court, upon return of the child to Plaintiff, she has noticed an adverse emotionaJ/psychological change in the child. 11. Plaintiffbelieves that the conduct of Defendant has had a substantial adverse impact on the child and that Defendant's visitation/custody rights under the prior Order should be terminated and/or substantially decreased and controlled. 12. Paragraph 7 of the Order of Court dated October 23, 2000 indicates that the parties entered the agreement having contemplated increased periods of contacts between the child and Defendant; that contact has not occurred and the sporadic contact which has taken place has worked to the child's detriment. 13. The best interest and permanent welfare of the child will be served by granting the relief requested herein. WHEREFORE, Plaintiff requests Your Honorable Court to modify the prior Order of Court dated October 23, 2000 to eliminate and/or substantially decreases Defendant's contact with the child and to place substantial control over Defendant during those periods, if any, during which he exercises any visitation rights. MARTSON DEARDORFF WILLIAMS & OTTO B~E~~ Edward . c p, qUIre Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: January 9, 2001 ^""'~O" -. ~ .~ ,-., ----uw: OCT 2 0 zoootiJ 'r RACHEL K. FANUS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5639 CHRISTOPHER M, WEISS, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this :l3AAl day of ()~ , 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The Father, Christopher M. Weiss, and the Mother, Rachel K. Fanus, shall have shared legal custody of the minor Child, Cameron M. Weiss, born October 5, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. To the extent one parent has possession of any suCh records or information,' that parent shall be required to share the same, orcdpies thereof, with the other parent within such reasonable time as tomake the records and information of reasonable use to the other parent. ([)') 2. Physical Custody. The Mother shall have priinary,phy.sicalcustody.The Father ir-~\ shall have partial physical custody according to the following schedule: QJ A. To commence on October 5, 2000, Father shall have periods of partial lQJ custody on Tuesday, Thursday and Friday evenings from 3:00 PM until ~ 7:30 PM. B. To commence November 3, 2000, Father shall have custody from Friday at 5:00 PM until Saturday at 3:00 PM each weekend. However, on alternating weekends to begin on November 10,2000, Father shall have from 3:00 PM Friday until 9:00 Sunday morning. 3. Holidays. A. Father shall have partial custody on Sunday, October 8,2000, from 8:30 AM until 7:00 PM, as a special family observance of the Child's first birthday. . B. The Mother and Father shall alternate custody of the Child on the.' following holidays: Easter, Memorial Day, Fourth of July, Labor Day and EXHIBIT "A" ,,-~,,", ~ ~ >c ,_L ~ --- 'N'il._, Thanksgiving. For example, Father shall have custody on Thanksgiving Day, November 23, 2000; Mother shall have custody on Easter Sunday, April 15, 2001; Father shall have custody on Memorial Day. May 28, 2001 and so on. The Mother shall always have the Child on Mother's Day, and the Father shall always have the Child on Father's Day. The times for the custodial periods on the holidays in this paragraph shall be from 9:00 AM until 8:00 PM, C. The parties shall share the Christmas holiday on an AlB schedule. Segment A shall be from Noon on December 24th until 1 0:00 AM on December 25th. Segment B shall be from 10:00 AM on December 25th until Noon on December 26th. Father shall have Segment A in odd years and Segment B in even years. Mother shall have Segment B in odd years and Segment A in even years. 4. The parties shall keep one another advised oftheir current address and telephone number. 5. The Mother and Father will notify each other of all medical care the Child receives while in that parent's care. The Father and Mother will notify the other immediately if medical emergencies arise while the Child is in that parent's care. 6. Neither parent will do anything which may estrange the Child from the other parent, or injure the opinion of the Child as to the other parent, or which may hamper the free and natural development of the Child's love and respect for the other parent. 7. The P!2rties,entered this~greement contemplating working toward illpreased periods of time with the minor Child such that Father would have frequent and continuing contact and become an integral part of this Child's life. BY THE COURT, /s/ q.lJ.lnJP.r (0#", q" J. I I . Dis!: Kimberly A. Sebring, Certified Legallntem, Family Law Clinic, 45 N. Pitt Street, Carlisle. PA 17013 Edward l. Schorpp, Esquire. 127 W. High Street, Carlisle, PA 17013 TRUE COpy FROM RECORD In Testimony whert'llf, I lwl! lintO$~t my hand and the saalo! said GllUrt at Carlisle. !I'd. Tl~i~ (1.~,~ d~ ~~-r::;: ~ ;).qu() : 'I ' prothonotarf ~ '~ ~ .', ~ ~-, RACHEL K. FANUS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5639 CHRISTOPHER M. WEISS, Defendant. CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cameron M. Weiss October 5, 1999 Mother 2. A Conciliation Conference was held on October 3, 2000, with the following individuals in attendance: The Mother, Rachel K, Fanus, and her counsel, Edward Schorpp, Esquire; the Father, Christopher M. Weiss, and his counsel from the Family Law Clinic, the Pennsylvania State University School of Law, Kim Sebring, Certified Legal Intern, and her supervising attorney, Terry Henning, Esquire. Date 3. The parties agreed to the entry of an Order in the form as attached. Ib//IZffrn) ~~ Melissa Peel Greevy, Esquire Custody Conciliator 7 _,r-,'-' r c " ;1 ::1:""''; '.' - . ~~ .~~ VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities', which provides that if I make knowingly false averments, I may be subject to criminal penalties. , ~ .,'&;>_.~,,-,,~ ,j- . -" ".6, ~liI'ill'iMitdi ~:-'1( ,-~ ~~'""Fb"""",~. .~~-~ '. ~..'. ' " . ' -,.. . ~.~ __,.." ..- , .-',' __, _H' ._. _ >~ .__.,_ ~n_ ~"'\-."~-- -1 ~- " ,. .~ '-' -", - .- ~ ,- - ""- . '~ ':r, II' ,; , 8' ~, i: I ~' , ~i dECEI\/!::j JAN 0 4 2001 '11 D\Alr _0-- _, "":. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition to Modify Custody Order was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Terri Henning, Esquire Kimberly A. Sebring, Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 MARTS ON DEARDORFF WILLIAMS & OTTO ~keg rq~~ ~~:~ast High Street Carlisle, P A 17013 (717) 243-3341 Dated: January 9, 2001 iII"~"'< . ;1 ." .' ''';'..1 " < '" ";;;"'-. ~!Il;~~~ r .' ..;;..;-.- " I ~ ~'" I "o_~ ~n """ "'",,- .,~-."....... () 0 !~) (".. y-:- ~ :~,=i -, "C.~~, ., ~,~ ,+\ 1,1. - L. L~ / ." (:=.': , ::< I_~') :r~ , :~ :.:..te , ') < , :!.~ ( ," ~"l )c C-~ L[J ::-:1 Z :.n ~ ...-.1 =< -< \ ,> ~<- -~ ~'i Ii ~i t: \' '] I ~ i I I I I -., ,,'of: - ~, ' ,--- ~' ,.- - ," -- " . .~.-' ~--~c..:_,,_- "~ ~~:"'_<___-< ,__,~,_; ,;> "'0 ,-, J,:\ ""'" , , RACHEL K. FANUS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW CHRISTOPHER M WEISS, Defendant : NO. 5639-2000 : IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) AND NOW, this....:?~~ay of August, 2000, I, Edward 1. Schorpp, attorney for Rachel K. Fanus, Plaintiff in the above-captioned action, hereby swear that I have served a true copy of the Complaint in Custody in the above-captioned matter, with Notice to Defend and Claim Rights, upon Christopher M. Weiss, the Defendant, at 69 Blue Pond Road, Newville, Pennsylvania 17241, by depositing two counterparts of the same in the U. S. Mail, postage prepaid, regular mail on August 15,2000, and, certified, deliver to addressee only, return receipt requested on the same date. A copy of the, return receipt card signed by the Defendant on August 17,2000, indicating service was effected, is marked Exhibit "A," attached hereto and made a part hereof. BY~~~~- Edward 1. Schorpp Attorney for Plaintiff Sworn and subscribed to before me this ~IJ/.....dayof ~ KOU"p. .J<<~ Notary' Publi ,2000 Notarial Seal Lori 8. ~r. Notary Public Ca~lsIe Boro. Cumberland County My Commission Expires June 28, 2004 a OINolarltS .,-,) , , :--;2;: ,,, -f'<." ~ SENDER: ~ . Complete items 1 and/or 2 for additi"onal services. Q) .. Complete items 3, and 4a & b. . ~ .. Print your name and address on the reverse of this form so that we can Q) ..lrn this card to you. ~~Attach this form to the front of the mailpiece, or on the back if space .... does not permit. .! .. Write "Retum Receipt Requested" an the mallplece below the artIcle number. ........ .. The Return Receipt will show to whom the article W<lS delivered and the date .-'g- delivered. "'0 3. Article Addressed to: " .il CHIIf'/sT.oI"'/1"EJ/? ~ Vf/.e'"/S.s Co ~- 6'1 ~V€ ~~ .s?'fb. I 'g; /lJtt:WV/Jt:<€ ,;tOr; /'7.;?1?/ i~ / , ~ tretlver m--addressee only 2' 0: ~ f- w ,0: 1 also wish to receive the following services (for e~: :~xtr<,~. ~ lee): ". ' ......i, 1. 0 Addressee's Address ~ . 2. )!( Restricted Delivery ~ .. Consult postmaster for fee. g., 4a. Artlcle Number -e:: :z .sP? f 8'", / 8'-1 ~. ;; 0:. 4b. Service Type o Registered 0 Insured j}lCertified iCOD o Express Mall 1. .; Return Re?eipt for t Mercha lse (; 7. Date of DelivJA' "'"" <;:;-(/ -Co 6 > 8. Addressee's Address (Only if requested ..'Il: and fee is paid) @ .<: f- C)' " "m ~, 5. Signature (Addressee) ,,",, . . , ~. ~ vII\.. 6. j?,i9nat4re lfl-ge t(' f ~_ .? \ I I^" g ',--Iff't r.: ':::(T6 ;"") V'l go? ~ 11 ., . ~ PS Form- 3811, D'ece!.Tlber 199~ ,-. DOMESTIC RETURN RECEIPT ,,~.,:' ,I",",~,'~,~ > . -"-)-".~. ."._, '"" - ,"" '" ~" ~~;, t' ^ ~," O' -~~" . . ~ ~~~~~ ~, '."" _ ,'C., ,,,,~'_ ""'",.I~'~h '__.', " ,.""',_'_' "' , ~ ; ,- ".'~ 0'.'1 , , -~" ~-'><,"~ .' C,' ~ , _ 0'. _ ~" o 0 c: C) s.. :;0.. "1J r., c:: mffl G') 2:;tJ N i?S ceo -<." kC "'~ PC" :Ji:: 2:C< s> c: l.O :z =< '" ~ " '.,.' q~... .... ,.' '.'"-"'-~<;,i! ~I !~ {i " 11 j i 'I 'I i , I Ii 'I i , , '! o ....n "-1 -'i"'T! , !T: "c:C) j .l, ,~-;. "1-' '! f'~~5 ~=S,Tl -.,..j ~'::.. ::v -< Rachel K. Fanus, PLAINTIFF v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2000 - 5639 PRAECIPE TO ENTER APPEARANCE Christopher M. Weiss, DEFENDANT To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Christopher M. Weiss, the Defendant in the above captioned matter. September 27, 2000 ~rYY\~A, ~ Kimberiy A. ~b;fug ~ Certified Legal Intern ~E.,;;:sJ'\ THOMAS M. PLACE Supervising Attorney TERI L. HENNING Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 717/243-3639 ~ .~. ~''';::'''-''' ., 4~ . ~ .~ ~, .. ,~- -- .,. ~ .~", " --li-tM~~' ., ",-~,r, ' . u, "",".,<<"." ~~,,~.,. ,-. L~'_" I.'..... .,.,~ 0 (:") C) C C:;) --rl $.~ ~,., ... -oCD 0'1 ,", i;J2 rn,..--: " Z:u 1'.) -~l:-n ZC: Sf~6 en "'~ -;. -.J -<..,::'.. !<C) :D- ;~:ri S:o ::r~ ~;~ C) "'--...-... 5 ~~,- rn >c~ 0". ., s;! :z 0 =2 :c (Xl -< .,," ~, q- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW IN CUSTODY NO. 2000 - 5639 Rachel K. Fanus, PLAINTIFF v. Christopher M. Weiss, DEFENDANT CERTIFICATE OF SERVICE I, Kimberly A. Sebring, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of Praecipe to Enter Appearance on Edward L. Schropp, Esquire, located at 127 West High Street, Carlisle, Pennsylvania, 17013, by depositing a copy of the same in the United States mail, First Class, postage prepaid, this 27th day of September, 2000. v'.ny)~ () . ~ Kimberly _AOl.ebring \.-.J Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243.2968 o c: ~ -off: mi-"' ~f.l~~ (fJ 1'c ~;fo. <'-- >~- ;So Pc: ~ o a U) r'1 " '\'.) .-.J o -n '_':i '-"""'" n;c..::: .~)~t~1 ~l{ ~8 :-:-,;.C) om s;! :0 -< ~ C5 => (X> -~- " ~ - ~- '" ~, --"'<~i RACHELK.FANUS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. . 00-5639 CIVIL ACTION LAW CHRISTOPHER M. WEISS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 01, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, November 03,2003 at 12:30 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 defme 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 TIlE COURT. By: Isl Melissa P. Greevy. Esq. Custody Conciliator t, The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE 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 "~, . ~,- ff Ii r:" ~ . . ~ ^ ~ -t.,'". ,'-. . ';.~" 0" ..~ ,,- /tPIt<J /0-/. cU /0/?J3 - ~-,~ ., ''1,-,,,:--;;., '',,-' ,,,,, . _"1_",_,' "w' ,',,". C!! FD-i)fflCE OF !f~(2Fi:ir'K)t'J':)TARY 03 OCT -I Pit 3: 23 C ",..ce., '''I' i"('''N'Y UI\fH:.5::hLJ-\i\W '.JJU ., PENNSYLVAI~IA W~~$4~ 7f~/~~. ~~, ~M~~~'~ ".,-,,,,~ ." _",n,. ,,,,,.o,,"'~ _" __., ._" ,~; ""~ '" ,~~_~'1!~~~~~W!'''l,ff,fi~~~~!!.JTIll~_,~_ ~T ~ - ~. ('-. " SEP 2 6 2C(~ ~/ f' Rachel K. Fanus, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-5639 CIVIL TERM Christopher M. Weiss, Defendant : CIVIL ACTION - CUSTODY MODIFICATION OF COMPLAINT FOR CUSTODY ORDER OF COURT AND NOW, this that the parties day of and their respected , the Conciliator, at , 2003, It is hereby directed counsel appear before, on the day of , 2003, at .M., for a Hearing for the Modification of Custody. 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. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required bylaw to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND out WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 II Rachel K. Fanus, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5639 CIVIL TERM : CIVIL ACTION - CUSTODY Christopher M. Weiss, Defendant MODIFICATION OF COMPLAINT FOR CUSTODY Now comes the plaintiff, Rachel K. Fanus by and through her counsel, Galen R. Waltz, Esquire and represents as follows: 1. Plaintiff is Rachel K. Fanus, an adult individual, whose residence is at 352 West Penn Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Christopher M. Weiss, an adult individual, whose residence is at 69 Blue Pond, Newville, Cumberland County, Pennsylvania. 3. Plaintiff seeks to expand her primary physical custody schedule for the following child: Cameron M. Weiss, Born October 5,1999. 4. The parents, parties herein were never married to each other. 5. The child is presently in the custody of Mother pursuant to an order of court dated October 23, 2000, a copy which is marked exhibit (A) attached here to and incorporated herein. 6. Since the child's birth, the child has resided at the following addresses: Name Address Dates Cameron M. Weiss 352 West Penn St., Carlisle, PA Nov.2000 to Present 91 B Partridge Circle, Carlisle, PA March 2000 to Nov. 2000 173 E. Pomfret St., apt. 2 Carlisle, PA date of birth to Mar. 2000 7. The relationship of the Plaintiff to the child is that of natural mother. No other person resides with Plaintiff and child at the current address 8. The relationship of the Defendant to the child is that of natural father. Currently the Defendant resides with his mother, Victoria Weiss and sister Mary Weiss. 9. The Plaintiff has participated as a party or witness, in other litigation concerning the custody of the child in this Court at civil action - law custody number 00- 5639. 10. Plaintiff does not know of a person not a party to proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: A) Mother has secured employment after educating herself to become a medical assistant at the Carlisle Pediatric Associates located at 804 Belvedere Street, Carlisle, PA. B) Ordinarily, Mother does not work weekends; however, she occasionally may work one Saturday per month from 8:00am to 12:30pm; mother wishes to spend weekends with her son doing activities that can be shared by both. C) Father has been recently released from incarceration for what is believed to be the third time. D) Father has attempted suicide in the past. E) Father has been drinking alcoholic beverages excessively while the child is in his custody. 12. It is believed and therefore averred when the father has custody of the child, that an approved child safety seat is not used to transport the child. 13. Father fails to provide reasonable notice to the mother/plaintiff when the father either is not going to pick up the child or is late returning the child. 14. Father is not present at times during transfer of the child into his custody. 15. Father has never exercised Friday to Saturday visitations. 16. Father's visitation with his son can best be described a sporadic. i II 17. Father exposes the child to second hand smoke inhalation as well as Father does not spend the time with his son when the child is supposed to be in his custody; instead, father leaves the child with his mother, while father travels to a bar to consume alcoholic beverages hours at a time. 18. Mother/plaintiff therefore believes and states the child will receive the nurturing, love and up bringing he needs by experiencing weekends with mother and therefore seeks to change the current order to reflect what has in fact become the custom during the entire life time of the child. WHEREFORE, Plaintiff requests your Honorable Court to grant the increased custody of the child to Rachel K. Fanus subject to reasonable rights of visitation and partial custody in the father as previously demonstrated during the life of the child. Respectfully Submitted TURO LAW OFFICES .s.,,~ ...<Y. 1-,., ~ Date alen R. Waltz, Es 28 South Pitt Stree Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff II It ... ~"'4 VERIFICATION I verify that the statements made in the foregoing MODIFICATION OF COMPLAINT FOR CUSTODY are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. 2~t- lCf.1 1(1)~ Date ...tt Ra hel K. Fanus '-",. CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Modification of Complaint for Custody upon Christopher M. Weiss, by depositing same in the United States Mail, first class, postage pre-paid on the ~t{tl day of ~e-)..(." , 2003, from Carlisle, Pennsylvania, addressed as follows: Christopher M. Weiss 69 Blue Bond Road Newville, PA 17241 TURO LAW OFFICES alen R. Waltz, 28 South Pitt St Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff II. ~- I _ '-~'-'-lIiiIl~ ',"' ,----,~, -~', ~- '. "1i1liiiiiilHii~-'-"'"-'--"- ~,"~-,-"----- i@:!ll Lfillii.t'-.:-.- .. -~ ,- - . ,-~, - ~,," ,,', "'-~ ",' -- .o.,.".,.;".,,'"..,..... I 11111. I'. ..j"""';'",\, .."" ,',' ~~ ~ ~ '- ~ ~ "'-l Vj c__,."", . - - """"~ ...... - ..r. N ,. v ,. ....'.' ~ <:) ~ ~ Sl.. ~ ~ """ , "..'. "., ,'c' 2 ? "'tl.['I-; ~rf' 6j(2 :-<~,; ~C) ~o ::0' :l> C ....: C ~ ,; t..:> , "' (~ ~? .......: ~~ q c~ "'1 _OJ) ,1"\,) .,:::.', ~~~ _:;19 ;;:iz-H .tlC) ,--:1'1" ~J 5; -- ..- "~ I,~~ ~ ,~ ~ -''',,; , OCT 2 0 zoo[JtJJ . ' RACHEL K, FANUS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5639 CHRISTOPHER M. WEISS, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 2..~cl day of D ~.:t:L('J' ,2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The Father, Christopher M. Weiss, and the Mother, Rachel K. Fanus, shall have shared legal custody of the minor Child, Cameron M. Weiss, born October 5, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medicai records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The Mother shall have primary physical custody. The Father shall have partial physical custody according to the following schedule: A. To commence on October 5, 2000, Father shall have periods of partial custody on Tuesday, Thursday and Friday evenings from 3:00 PM until 7:30 PM. B. To commence November 3, 2000, Father shall have custody from Friday at 5:00 PM until Saturday at 3:00 PM each weekend. However, on alternating weekends to begin on November 10, 2000, Father shall have from 3:00 PM Friday until 9:00 Sunday morning. 3. Holidays. A. Father shall have partial custody on Sunday, October 8, 2000, from 8:30 AM until 7:00 PM, as a special family observance of the Child's first birthday. S. The Mother and Father shall alternate custody of the Child on the following holidays: Easter, Memorial Day, Fourth of July, Labor Day and JD.:."h ,.1"" .~""""'. ,. C:~; ,~ " c"\..' I-=:- -'''- ., , ;7~j -','" " ~..I 'C,"'... >-~ ~...(" ::> ~ " " l.O {>,; ..~;:1 7' :;::; f-.... ;7j LLJ c:: J (L C':: ~:'2: ,":::l ::-.:> C) (.) -W~dMi~-.di.",;.~ .v.,.~."~",, ci ~' ~-~ ,^'-- - 1iIiiIIIi~' ". - '"' "'""~'-- ~. , ~ Ii!ii!t:;;i ~I 1<1 I" 'I .' i I II I I I 1 11 'I il I I I I I I :' ~ " ". -.. . '-l.iJ . , Thanksgiving. For example, Father shall have custody on Thanksgiving Day, November 23, 2000; Mother shall have custody on Easter Sunday, April 15, 2001; Father shall have custody on Memorial Day, May 28, 2001 and so on. The Mother shall always have the Child on Mother's Day, and the Father shall always have the Child on Father's Day. The times for the custodial periods on the holidays in this paragraph shall be from 9:00 AM until 8:00 PM. C. The parties shall share the Christmas holiday on an AlB schedule. Segment A shall be from Noon on December 24th until 1 0:00 AM on December 25th. Segment B shall be from 10:00 AM on December 25th until Noon on December 26th. Father shall have Segment A in odd years and Segment B in even years. Mother shall have Segment B in odd years and Segment A in even years. 4. The parties shall keep one another advised of their current address and telephone number. 5. The Mother and Father will notify each other of all medical care the Child receives while in that parent's care. The Father and Mother will notify the other immediately if medical emergencies arise while the Child is in that parent's care. 6. Neither parent will do anything which may estrange the Child from the other parent, or injure the opinion of the Child as to the other parent, or which may hamper the free and natural development of the Child's love and respect for the other parent. 7. The parties entered this agreement contemplating working toward increased periods of time with the minor Child such that Father would have frequent and continuing contact and become an integral part of this Child's life. BY THE COURT, Dis!: ~af!p4J , Kimberly A. Sebring, Certified Legallntem, Family Law Clinic, 45 N. Pill Street, Carlisle, PA 17013) ~ ~ Edward L. Schorpp, Esquire, 127W. High Street, Carlisle. PA 17013 ~-r--' )D- .1.4-6-0 ~. __k ~ I ...... .. . , RACHEL K. FANUS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5639 CHRISTOPHER M, WEISS, Defendant. CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cameron M. Weiss October 5, 1999 Mother 2. A Conciliation Conference was held on October 3, 2000, with the following individuals in attendance: The Mother, Rachel K. Fanus, and her counsel, Edward Schorpp, Esquire; the Father, Christopher M. Weiss, and his counsel from the Family Law Clinic, the Pennsylvania State University School of Law, Kim Sebring, Certified Legal Intern, and her supervising attorney, Terry Henning, Esquire. Date 3. The parties agreed to the entry of an Order in the form as attached. 16/;12MJ1) uM2dJ Melissa Peel Greevy, Esquire Custody Conciliator / ( ,- - - '" ~-~."" ~~-~ - -~,,- . t MAR 14 2001\ 0J RACHEL K. FANUS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5639 vs. CHRISTOPHER M. WEISS, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 15 tt. day of March, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The Order of this Court dated October 23, 2000, shall remain in full force and effect. 2. Father's next custodial weekend shall commence on Friday, March 9, 2001. 3. In the event that either party desires to modify this Order within ninety days of the date of this Order, upon proper petition of counsel, the matter may be scheduled for a hearing before the Court without the necessity of returning to a Custody Conciliation Conference. BY THE COURT, \ V. ~,O .\ ~* Dis!: Edward L. Schorpp, Esquire, 127 W. High Street, Carlisle, PA 17013 Paula Knudsen, CLI, 45 N. Pitt Street, Cartisle, PA 17013 .' -.-. -.*~~!fu;t~.!1!1 . -", 111'_ -"_;"""~h=";'_'''''I~~*",~. "'~- -~-"-...-.;~ ., "'~ ~_~_." ,,' _~ - " .,"> v, - ~~~ "",1..,,,<.-. """"1iilliiial:i \liN\lA1J.8NN3d )JNnOO CNl"n'!38!1>1n8 (; 'J :Z ~Jd S, a~W 10 AbV1C~K}HL>':>: :,~i,;l .:!O 30d:i('l-C.Ei-'ji~J -, -,,,'- "., ~ "-, ---<~.- .. . ~ , -~-~~..~" , "'- ~- - ~ /.- '<€ RACHEL K, FANUS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5639 vs. CHRISTOPHER M, WEISS, Defendant CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cameron M. Weiss October 5, 1999 Mother 2. A Custody Conciliation Conference was held on February 26, 2001, with the following individuals in attendance: the Mother, Rachel K. Fanus, and her counsel, Edward Schropp, Esquire; the Father, Christopher M. Weiss, and his counsel from the Family Law Clinic, The Pennsylvania State University School of Law, Paula Knudsen, CLI, and her supervising attorney, Terri Henning, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. ~~/tl7 / Me issa eel Greevy, E quire Custody Conciliator Date Plaintiff DECr!1DffJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5639 CIVIL TERM . - RACHEL K. FANUS, v. CIVIL ACTION - LAW CHRISTOPHER M. WEISS, IN CUSTODY Defendant OLER, J. ......... ORDER OF COURT AND NOW, this 7_", t day of ---D t' { c. ~ Ld , 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's prior Order of October 23, 2000 shall remain in full force and effect with the following modifications: 1. Father's periods of partial custody shall occur on Tuesdays and Thursdays from 3:30 p.m. to 7::?0 p.m. each week and commencing November 21,2003, on alternating weekends from Friday at 3:30 until Sunday at 7:00 p.m. 2. The parties shall take appropriate steps as needed to avoid the child being exposed to second hand smoke by not smoking in the child's presence, whether that be in a vehicle or a residence. 3. The parties will comply with Pennsylvania law with regard to the use of the appropriate child safety seat restraints for a child of his age and weight. 4. Neither party shall consume alcohol for a period of eight (8) hours preceding and throughout any period of custody. 5. The parties shall be present for all periods of custody and at transfers of custody which do not occur with the pick-up or drop-off at the daycare center. 6. In the event that Father will be more than ten (10) minutes late for his return at the end of a period of custody, he will contact Mother as soon as he knows that he will be late to advise her of when he expects to arrive. It is anticipated that this will occur infrequently. 7. In the event that either party has to work on their custodial weekend, that parent will first contact the other parent to arrange for the child's care prior to contacting a third party. ,=,,, " L_'_' -=>.,,, .~"-"- ~ ~ '- '-'-,. ~" ,,--, \fINVA1ASNN3d AlNn08 CNViH3fJmQ 90 It: Wd 2- 330 SO lL"lC,I"C"~'!'i'"d" 'Lli .Jf'l I\CV i"t.,h r,.!.'., \.~ .4:...:JU ',,. J4"'.J'~-LI :JObJ:.\J-\j;j ;0 '"'-,- .-~. 'I,~ , ~_ ,-. ,_ ~_,~. ~ '. '0_ - _.~ . , - \ I \ . .- ~ j , '> "",'n _'d' .,".,,~~- , - NO. 00-5639 CIVIL TERM 8. The parties may deviate from the custodial schedule in this Order by their mutual agreement. However, in the event that the parties do not agree, the terms of this Order shall control. BY THE COURT: Dist: vealen R. Waltz, Esquire, 28 S. Pitt Street, Carlisle, PA 17013 . ""'"'ill,," M. Wo"." "0 '00" ''"'', '_"0. '^ "" '-l~ ~. I d. -09.-62:> ,- ".- ~ ,~ . ,'-<. , - - ~'" , """'\JiltW DEe 0 1 2.003 RACHEL K. FANUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-5639 CIVIL TERM v. CIVIL ACTION - LAW CHRISTOPHER M. WEISS, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: DATE OF BIRTH CURRENTLY IN THE CUSTODY OF NAME Cameron M. Weiss October 5, 1999 Mother 2. A Custody Conciliation Conference was held on November 11, 2003 with the following individuals in attendance: the Petitioner's Attorney, Galen R. Waltz, Esquire; the Father. Christopher M. Weiss, who participated pro se. Mother filed her Petition to Modify on September 4, 2003. However, her attorney reported that she could not attend the Conciliation Conference because the staffing problems at her place of employment were so severe that she would get fired if she took off time from work on the day of the Conciliation. 3. The Conciliator and Mother's counsel met with Father. An agreement was reached in the form of an Order as attached. The Mother's counsel represented that he had authority to settle the matter on her behalf. . D'ffi/i*1>; :220806 . 1\!L<l . ~ ~~~ Cri ~"..J ,," ~iit ,~~~ "- ~ --U.,)i.,'. . t>--"AA SHERIFF'S RETURN - REGULAR CASE NO: 2000-05639 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FANUS RACHEL K VS WEISS CHRISTOPHER M ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ORDER OF COURT was served upon WEISS CHRISTOPHER M the RESPONDANT , at 1845:00 HOURS, on the 3rd day of November, 2003 at 69 BLUE POND ROAD NEWVILLE, PA 17241 by handing to VICTORIA WEISS, MOTHER a true and attested copy of ORDER OF COURT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.59 .00 10.00 .00 35.59 :r'~~J R. Thomas Kline me this /413 day of 11/04/2003 GALEN WALTZ B~J ~ . I~ ~.AiA _ Deputy Sheriff Sworn and Subscribed to before 71AMNM^L" c2.003 A.D. ../~ YlJ..<f' 0 '})."JtI,. ,.A~ P othonotary