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HomeMy WebLinkAbout99-00500 (see order entered December 18, 1998, at No. 98 - 7003, copy attached as Exhibit "B"), both orders essentially providing for the joint legal custody of the children, primary physical custody in the Mother and temporary custody in the Father at such times as the parties may mutually agree; and WHEREAS, since the children are now all residents of Cumberland County, Pennsylvania and due to the need to establish a specific temporary custody schedule for the Father who is no longer in the military, the parties wish to enter into an agreement to modify the terms of their prior agreements relative to the custody and partial custody of the children and providing for jurisdiction as to all of the children in the Court of Common Pleas of Cumberland County, Pennsylvania. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall have joint legal custody of the children. 2. The Mother shall have primary physical custody of the children, subject, however, to the Father's rights of temporary physical custody as follows: A. For up to four days on every other week, coinciding with Father's days off from work, the Father to provide transportation to and from school during school days in which he is exercising temporary physical custody; B. On every other holiday, said holidays being New Year's Day, Easter, Memorial Day, July 4th, and Labor Day; C. During even numbered years from the Wednesday evening before Thanksgiving until Friday evening, the day after Thanksgiving and on odd numbered years from Friday evening, the day after Thanksgiving until Monday evening after Thanksgiving; D. During even numbered years from the evening of December 23 until 2:00 p.m. on December 25 and on odd numbered years from 2:00 p,m. on December 25 until the evening of December 28; E. For a period of Summer vacation coinciding with Father's vacation from his employment, the Father agreeing to provide the Mother wilh at least 30 days notice of the times he wishes to exercise this period of temporary custody; and F. At such other times as the parties may mutually agree. 3. The parties shall share time on the children's birthdays; Father shall always have the child on Father's Day and Mother shall always have the child on Mother's Day. 4. In the event of a conflict between the weekend schedule and the schedule for holidays, Summer vacation, the child's birthday, Father's Day, or Mother's Day, the latter schedule will control. 5. The parties agree to cooperate fully to coordinate these temporary physical custody times and to be reasonably flexible in the event that the Father's worl( ~- ~. !;;; c: r: f--: 7 L~(~' ,:-5 -< C) . 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Pursuant to a Protection from Abuse Order entered by this Court on December 18, 1998 (a copy of which is attached), Mr. Landis was directed to "pay for the plaintiff's [Ms. Landis'] car insurance for January, February, and March 1999." This relates to the same Caprice automobile which Mr. Landis has now threatened to take. 11. The Petitioner herein, Ms. Landis, is prepared to and will keep the Caprice which is in her possession insured from today's date forward. 12. Petitioner seeks special relief in the form of possession of the 1978 Chevrolet Caprice automobile. 13. The attached letter was written Respondent's attorney, in hopes of reaching an agreement in this matter but as of the time of this Petition, the offices of Harold S. Irwin, III have been unsuccessful in their efforts to discuss the matter with Mr. Landis and there is no agreement that Mr. Landis will not take this vehicle from the Petitioner. WHEREFORE, Petitioner requests the Court to issue an Order: a. Directing on a temporary basis that possession of the 1978 Chevrolet Caprice automobile rest exclusively with the Petitioner; and b. Further Directing, after hearing, that this relief be made B ~ 2. Defendant is completely evicted and excluded from the residence at 611B Geneva Drive, Apartment 36, Mechanicsburg, Cumberland County, Pennsylvania, or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises, except for the limited purpose of transferring custody of the parties' children. The defendant shall remain in his vehicle at all times during the transfer of custody. o On the ____ day of , 1998, Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: the plaintiff's residence located at 611B Geneva Drive, Apartment 36, Mechanicsburg, Cumberland County, Pennsylvania, or any other residence where Plaintiff may live, except for the limited purpose of transferring custody of the parties' children. The defendant shall remain in his vehicle at all times during the transfer of custody. ~ 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. a 5. Custody of the minor children, (DaB 11/4/97) shall be as follows: Order. o 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following weapons used or Daniel Austin Landis see attached Custody threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: [) 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons del ivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. H 8. The following additional relief is granted as authorized by ~6108 of this Act: a. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates cont inued risk of harm to the plaintiff. b. The defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by the plaintiff. c. The defendant is to refrain from harassing the plaintiff's relatives or the minor children. d. The defendant shall pay for the plaintiff's car insurance for January, February, and March 1999. e. The court cost and fees are waived. Ia 9. Defendant is directed to pay temporary support for plaintiff and the minor children as follows: the amount of $100.00 per week, payable to the plaintiff in the form of a check or money order, by mail pending the entry of an order by the Cumberland County Domestic Relations Office. The payments are to commence on December 18, 1998, and each Friday thereafter. The defendant further agrees to provide health coverage for the spouse and minor children. This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if the Plaintiff does not file a complaint for support with the Court within fifteen days of the date of this Order. The amount of this temporary order ' does not necessarily reflect Defendant's correct SUpport obligation, which shall be determined in accordance with the gUidelines at the Support hearing. Any adjustments in the final amount of Support shall be credited, retroactive to this date, to the appropriate party. o 10. The costs of this action are waived as to the Plaintiff and imposed on Defendant. o 11. Defendant shall pay $ * to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: CR o 11. Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the jUdge or court to which the petition should be presented] * requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. o 12. BRADY INDICATOR 1. 0 The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. 2. 0 This Order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. 3. 0 Paragraph 1 of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). 4. 0 Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s) OR 4. 0 The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use ,physical force against the Plaintiff or protected person that would reasonably be expected to cause bodi ly injury. II 1 J. THIS ORDER SUPERSEDES iii ANY PRIOR PFA ORDER AND ~ ANY PRIOR ORDER RELATING TO CUSTODY OF THE MINOR CHILD (Daniel Austin Landis (DOB 11/4/97). II 14. All proyisions of this Order shall expire in one year. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. ~~ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the Plaintiff's residence OR any location where a violation of this Order occurs OR where the Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violat ion of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriff's Department shall maintain possession of the weapons until further Order of this Court. When the Defendant is placed under arrest for violation of the Order, the 4. Plaintiff acknowledges that because of his active employment by the United States Military, he will be unable to exercise his periods of partial physical custody for extensive periods of time. Therefore, the Parties agree that the paternal grandparents, Albert C. Landis, Jr. and Ester A, Weyand-Landis, shall have the same right to partial physical custody as does Plaintiff in his stead. S. Upon a clJange of address, either Party shall provide the other with written notice of that change in address prior to that change becoming effective. 6. The Plaintiff and Defendant agree that the laws of the Commonwealth of Pennsylvania shall govern any and all issues relating to the custody and visitation of the said children named herein, and neither Party shall remove the children from the Commonwealth with the intent to establish a permanent residence elsewhere without prior notice to and consent of the other Party. 7. While in the presence of said children, neither Plaintiff nor Defendant shall be under the influence of, nor consume to excess, any alcohol or other intoxicating substances, nor shall Plaintiff or Defendant take said childreri to any establishments where the primary purpose is the serving of alcoholic beverages. The said children shall not be transported while the driver is under the influence of drugs or alcoholic drink, and the children shall be strapped into an appropriate child restraint seat during all transportation periods. 5. On or about July 16, 1999,lhe parties entered into a formal custody agreement, confirmed by Order of Court on August 11, 1999, whereby they retained joint legal custody of the children, the defendant was to have primary physical custody of the children and the plaintiff was to have rights of temporary physical custody of the children according to a schedule provided therein. A copy of the previous agreement and Order is incorporated herei:l by reference and attached hereto as Exhibit "A", 6. Defendant has violated the terms of this agreement and Order in that she has refused to permit the plaintiff to have temporary custody or visitation with his children since October 4, 1999. Furthermore, without notice to the plaintiff, defendant has removed the children from Cumberland County to Somerset County, thereby effectively preventing plaintiff from exercising his partial custody as previously agreed and ordered. 7. In addition, plaintiff believes and therefor avers that defendant has failed to maintain a proper environment for the children and has otherwise failed to provide for their care in an adequate and reasonable way, resulting in an investigation by the Cumberland County Children & Youth Services into the care and welfare of the children. 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, other than the existing Order filed to this term and number. 9. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. (see order entered December 18, 1998, at No. 98 - 7003, copy attached as Exhibit "B"), both orders essentially providing for the joint legal custody of the children. primary physical custody in the Mother and temporary custody in the Father at such times as the parties may mutually agree; and WHEREAS, since the children are now all residents of Cumberland County, Pennsylvania and due to the need to establish a specific temporary custody schedule for the Father who is no longer in the military, the parties wish to enter into an agreement to modify the terms of their prior agreements relative to the custody and partial custody of the children and providing for juriSdiction as to all of the children in the Court of Common Pleas of Cumberland County, Pennsylvania. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall have joint legal custody of the children. 2. The Mother shall have primary physical custody of the children, subject, however, to the Father's rights of temporary physical custody as follows: A. For up to four days on every other week, coinciding with Father's days off from work, the Father to provide transportation to and from school during school days in which he is exercising temporary physical custody; . . B. On every other holiday, said holidays being New Year's Day, Easter, Memorial Day, July 4th, and Labor Day; C. During even numbered years from the Wednesday evening before Thanksgiving until Friday evening, the day after Thanksgiving and on odd numbered years from Friday evening, the day after Thanksgiving until Monday evening after Thanksgiving; D. During even numbered years from the evening of December 23 until 2:00 p.m. on December 25 and on odd numbered years from 2:00 p.m, on December 25 until the evening of December 28; E. For a period of Summer vacation coinciding with Father's vacation from his employment, the Father agreeing to provide the Mother with at least 30 days notice of the times he wishes to exercise this period of temporary custody; and F. At such other times as the parties may mutually agree. 3. The parties shall share time on the children's birthdays; Father shall always have the child on Father's Day and Mother shall always have the child on Mother's Day. 4. In the event of a conflict between the weekend schedule and the schedule for holidays, Summer vacation, the child's birthday, Father's Day, or Mother's Day, the latter schedule will control. 5. The parties agree to cooperate fully to coordinate these temporary physical custody times and to be reasonably flexible in the event that the Father's work >- L~ c-:: i~ 1111 I (,!, I i ~. (i , ' C' l' . ii' , . I C.) , l,," 1,.1 tIl . ~~ ~ H ~ C') H - ~r>:I:3:r>:I H ...... ~ ~~Eo< tIl ~-~ ...- Z. ...., HoiJ !.US O. .... tIl..., QI:: r>:I ll.i:z: i><'H H..-l Zlll U ffJ ::t~ l!:.~ Eo<Z:> Q.jJ ~'g ~ ~i! lI):S 0e50H Z I:: 0 0 :t~ U HI:.) ~.~ Qi :> li: -..;~ o Eo< . ...., II.: "" !a.~ ""UUQ .-I ::- <l;Qi H 0 c.-j1JJ :t.:Z: o <l;Q .~ Q Q ~ ~ t;~ E-<~....:g I:.) H Z ~ S~ Q H ... ~Ili !3~~J, Eo< ~ a~ ",'" c:: ~,2! o H", r>:I tIl ~ ... Ur>:IU. i:ll ~ a: ~.~ ~ ~ 13 Eo< I:.) Zi:o< 1-10 . ~.. LAW OFFICES HAROLD S. IRWIN, IJJ NO V_ -.ii 8. On January 24, 2000, a Custody Order was entered awarding Primary physical custody of the minor children to Petitioner, with partial custody in Respondent at least three (3) weekends per month. ( A copy of this Order is attached hereto, incorporated by reference herein, and marked as Exhibit "A"). 9. Respondent has provided Petitioner with his work schedule and has exercised his periods of weekend custody with the minor children on a fairly regular basis since the entry of the Order. The majority of the time Respondent takes the children for the entire weekend, from Friday through Sunday. On rare occasions Respondent has not kept the children overnight, however, when that occurs, he has advised Petitioner of the change when he pick up the children on Friday. 10. On Friday, April 14, 2000, Respondent picked up the children at Petitioner's residence at 4:00 p.m. Petitioner told Respondent that she would be going out for the evening. Respondent asked Petitioner to call him on his cell phone when she was leaving. Petitioner called Respondent's cell phone at approximately 8:00 p.m. to let him know that she was leaving her house. Petitioner was unable to reach Respondent because the cell phone was "out of the area". 11. When Petitioner returned home at approximately 3:00 a.m., there was a messages on her answering machine from Respondent. He said that it was 1:30 a.m. and that if she did not call him by 2:00 a.m., he would be taking the children to his home in New Bloomfield and she would have to pick them up there on Sunday. 12. Petitioner called Respondent on Saturday to let him know that she would pick up the children in New Bloomfield despite the fact that Petitioner voluntarily agreed to lower Respondent' schild support obligation since he is to provide all transportation for custody transfers. Respondent told Petitioner he would not return the children because, by her going out for the evening, Petitioner "abandoned" her children and he was going to keep them. 13. Petitioner went to Respondent's home on Sunday to pick up her children. Respondent told Petitioner to leave the premises or he would call the police. 14. Petitioner went to the police station and asked for help in getting her children back. Petitioner was told that she needs an Order of Court specifically directing law enforcement officials to physically remove the children from Respondent and place them with Petitioner. 15. Petitioner's two (2) year old son has a doctor's appointment on Wednesday in Somerset County to follow up on ear surgery which he underwent at the beginning of April. 16. Petitioner's two (2) older children missed school today in Somerset County because Respondent did not return them to her. 17. Respondent was abusive to Petitioner and her oldest son during the time the parties were married. Respondent continues to attempt to control Petitioner by intimidation and verbal abuse. Petitioner believes that Respondent's refusal to return the children is another form of control and a way to punish her for having a boyfriend. 18. Petitioner avers that Respondent has violated the Custody Order by refusing to return the children to Petitioner'S home and also by refusing to return the children to Petitioner when she went to Respondent's home to pick them up. Petitioner further avers that Respondent should be held in contempt for violating this Order. 19. Petitioner requests that this Court direct law enforcement officials to immediately remove the children from Respondent and place them solely in Petitioner's custody pending a Custody Conciliation Conference. WHEREFORE, Petitioner prays this Honorable Court to direct the Perry County Sheriff's Department, to immediately remove the minor children from Respondent and to place them in Petitioner'S sole . . , . .( (see order entered December 18, 1998, at No. 98. 7003, copy attached as Exhibit "8"), both orders essentially providing for the joint legal custody of the children, primary physical custody in the Mother and temporary custody in the Father at such times as the parties may mutually agree; and WHEREAS, since the children are now all residents of Cumberland County, Pennsylvania and due to the need to establish a specific temporary custody schedule for the Father who is no longer in the military, the parties wish to enter into an agreement to modify the terms of their prior agreements relative to the custody and partial custody of the children and providing for jUrisdiction as to all of the children in the Court of Common Pleas of Cumberland County, Pennsylvania. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall have joint legal custody of the children. 2. The Mother shall have primary physical custody of the children, subject, however, to the Father's rights of temporary physical custody as follows: A. For up to four days on every other week, coinciding with Father's days off from work, the Father to provide transportation to and from school during school days in which he is exercising temporary physical custody; , . , .' .( .. B. On every other holiday, said holidays being New Year's Day, Easter, Memorial Day, July 41h, and Labor Day; C. During even numbered years from the Wednesday evening before Thanksgiving until Friday evening, the day after Thanksgiving and on odd numbered years from Friday evening, the day after Thanksgiving until Monday evening after Thanksgiving; D. During even numbered years from the evening of December 23 until 2:00 p.m. on December 25 and on odd numbered years from 2:00 p.m. on December 25 until the evening of December 28; E. For"! period of Summer vacation coinciding with Father's vacation from his employment, the Father agreeing to provide the Mother with at least 30 days notice of the times he wishes to exercise this period of temporary custody; and F. At such other times as the parties may mutually agree. 3. The parties shall share time on the children's birthdays; Father shall always have the child on Father's Day and Mother shall always have the child on Mother's Day. 4. In the event of a conflict between the weekend schedule and the schedule for holidays, Summer vacation, the child's birthday, Father's Day, or Mother's Day, the latter schedule will control. 5. The parties agree to cooperate fully to coordinate these temporary phYSical custody times and to be reasonably flexible in the event that the Father's work '. , . .."", T" ,. ;. ""'.:'. ~.,. > '. , ' , '1" .", .. "', . ,. , .' .... . '.. '.,. ".' . .,. Legal Sardce8, Inc. a Irvine Row Carlisle, PA 17013 I~~ j~ l~---~ 1 -- -- ...... l~ ! I USA !33 M'lry'lnn Murphy, Esquire LEGAL SERVICES, INC. 8 Irvi ne Row C'lrlisle, PA 17013 ::",..,..-...:"'.,....:-...'. .... .."........ .....,." ""'f"" I . . , , .1 -,~j. ~,!-. .~\ '. . APR 1 7 2000tP IN THE COURT OF COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALBERT C. WUIDIS, III, Plaintiff/Respondent v. NO. 99-0500 CIVIL TERM SANDI A. LANDIS, Defendant/Petitioner IN CUSTODY ORDER OP COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective Counsel appear before , the Conciliator, at on the day of . 2000, at ___.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. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFPORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO PIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OP 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with DiSabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the office set forth above. 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. APR 1 7 ZooottJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALBERT C. LANDIS, III, Plaintiff/Respondent . . . . v. : NO. 99-0500 CIVIL TERM SANDI A. LANDIS, Defendant/Petitioner : IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at on the day of , 2000, at ___.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. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT: Custody Conciliator 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 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the office set forth above. 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA CIVIL ACTION - LAW ALBERT C. LANDIS, III, Plaintiff/Respondent v. NO. 99-0500 CIVIL TERM SANDI A. LANDIS, Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at on the day of , 2000, at ___.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. Failure to appear at the Conference may prov~de grounds for entry of a temporary or permanent Order. BY THE COURT: Custody Conciliator 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 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the office set forth above. 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. j, 8. On January 24, 2000, a Custody Order was entered awarding Primary physical custody of the minor children to Petitioner, with partial custody in Respondent at least three (3) weekends per month. ( A copy of this Order is attached hereto, incorporated by reference herein, and marked as Exhibit "A"). 9. Respondent has provided Petitioner with his work schedule and has exercised his periods of weekend custody with the minor children on a fairly regular basis since the entry of the Order. The majority of the time Respondent takes the children for the entire weekend, from Friday through Sunday. On rare occasions Respondent has not kept the children overnight, however, when that occurs, he has advised Petitioner of the change when he pick up the children on Friday. 10. On Friday, April 14, 2000, Respondent picked up the children at Petitioner's residence at 4:00 p.m. Petitioner told Respondent that she would be going out for the evening. Respondent asked Petitioner to call him on his cell phone when she was leaving. Petitioner called Respondent's cell phone at approximately 8: 00 p om. to let him know that she was leaving her house. Petitioner was unable to reach Respondent because the cell phone was "out of the area II . '11. When Petitioner returned home at approximately 3:00 a.m., there was a messages on her answering machine from Respondent. He said that it was 1:30 a.m. and that if she did not call him by 2:00 a.m., he would be taking the children to his home in New Bloomfield and she would have to pick them up there on Sunday. 12. Petitioner called Respondent on Saturday to let him know that she would pick up the children in New Bloomfield despite the fact that Petitioner voluntarily agreed to lower Respondent's child support obligation since he is to provide all transportation for custody transfers. Respondent told Petitioner he would not return the children because, by her going out for the evening, Petitioner "abandoned" her children and he was going to keep them. 13. Petitioner went to Respondent's home on Sunday to pick up her children. Respondent told Petitioner to leave the premises or he would call the police. 14. Petitioner went to the police station and asked for help in getting her children back. Petitioner was told that she needs an Order of Court specifically directing law enforcement officials to physically remove the children from Respondent and place them with Petitioner. 15. Petitioner's two (2) year old son has a doctor's appointment on Wednesday in Somerset County to follow up on ear surgery which he underwent at the beginning of April. . 16. Petitioner's two (2) older children missed school today in Somerset County because Respondent did not return them to her. 17. Respondent was abusive to Petitioner and her oldest son during the time the parties were married. Respondent continues to attempt to control Petitioner by intimidation and verbal abuse. Petitioner believes that Respondent's refusal to return the children is another form of control and a way to punish her for having a boyfriend. 18. Petitioner avers that Respondent has violated the Custody Order by refusing to return the children to Petitioner's home and also by refusing to return the children to Petitioner when she went to Respondent's home to pick them up. Petitioner further avers that Respondent should be held in contempt for violating this Order. 19. Petitioner requests that this Court direct law enforcement officials to immediately remove the children from Respondent and place them solely in Petitioner's custody pending a Custody Conciliation Conference. WHEREFORE, Petitioner prays this Honorable Court to direct the PerrY County Sheriff's Department, to immediately remove the minor children from Respondent and to place them in Petitioner's sole -. .,.._~.. . ( v JAN at m!I7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 99-0500 CIVIL IN CUSTODY ALBERT C.LANDIS, III, Plaintiff SANDI A. LANDIS, Defendant COURT ORDER AND NOW, this ~daY of January, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. This Coun's prior Order of August II, 1999 is vacated. 2. The Father, Albert C. Landis, III, and the Mother, Sandi A. Landis, shall enjoy shlll'P.n legal custody of Jeffrey A. Landis, born October 19, 1989 Gregory A. Landis, born November I 1,1991, and Daniel A. Landis, born November 4, 1997. 3. The Mother shall enjoy primary physical custody of the minor children. 4. The Father shall enjoy periods of temporary physical custody of the minor children as follows: A. On weekends for at least 3 weekends per month. Father shall provide Mother with his work schedule or othetwise give Mother notice on or before Wednesday of each week as to what weekends he will be exercising temporary custody. 5. The parties shall share custody on every other holiday. Said holidays being New Year's Day, Easter, Memorial Day, July 4th and Labor Day. 6. For Thanksgiving, the Father shall have custody on even numbered years from Wednesday evening through Friday evening. On odd numbered years, Father shall have custody from Friday evening until Monday evening of the week after Thanksgiving. 7. For the Christmas holiday, during even numbered years Father shall have custody from December 23rd until 2:00 p.m. on December 25th. On odd numbered years, Father shall have custody from 2:00 p.m. on December 25th until the evening of December 28th. . l:- j h '\ b '\ + A II \\ . . " . (' : (see order entered December 18, 1998, at No. 98.7003, copy attached as Exhibit "8"), both orders essentially providing for the jOint legal custody of the children. primary physical custody in the Mother and temporary custody in the Father at such times as the parties may mutually agree; and WHEREAS, since the children are now all residents of Cumberland County, Pennsylvania and due to the need to establish a specific temporary custody schedule for the Father who is no longer in the military, the parties wish to enter into an agreement to modify the temns of their prior agreements relative to the custody and partial custody of the children and providing for jUrisdiction as to all of the children in the Court of Common Pleas of Cumberland County, Pennsylvania. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound. the parties hereto agree as follows: 1. The parties shall have joint legal custody of the children. 2. The Mother shall have primary phYSical custody of the children, subject, however, to the Father's rights of temporary physical custody as follows: A. For up to four days on every other week, coinciding with Father's days off from work. the Father to provide transportation to and from school during school days in which he is exercising temporary physical custody; , . \', . . 8. On every other holiday, said holidays being New Year's Day, Easter, Memorial Day, July 41h, and Labor Day; C. During even numbered years from the Wednesday evening before Thanksgiving until Friday evening, the day after Thanksgiving and on odd numbered years from Friday evening, the day after Thanksgiving until Monday evening after Thanksgiving; D. During even numbered years from the evening of December 23 until 2:00 p.m. on December 25 and on odd numbered years from 2:00 p.m. on December 25 until the evening of December 28; E. For C! period of Summer vacation coinciding with Father's vacation from his employment, the Father agreeing to provide the Mother with at least 30 days notice of the limes he wishes to exercise this period of temporary custody; and F. At such other times as the parties may mutually agree. 3. The parties shall share time on the children's birthdays; Father shall always have the child on Father's Day and Mother shall always have the child on Mother's Day. 4. In the event of a conflict between the weekend schedule and the schedule for holidays, Summer vacation, the child's birthday, Father's Day, or Mother's Day, the latter schedule will control. 5. The parties agree to cooperate fully to coordinate these temporary physical custody times and to be reasonably flexible in the event that the Father's work ( .. . - . . . schedule or reasonable activities of the children conflict with the custody schedule established between the parties. 6. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to ensure that the health, welfare and well being of the children is protected. 7. 80th parties shall have reasonable telephone contact with the children while they are in the custody of the other parent. 8. The parties shall do nothing that may estrange the children from the other parent or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or affection for the other parent. 9. 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. 10. 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. 11. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should ....i.,"~;......,~.,.:.,;~"....~'..,".".i;"';' :.,,,,,,,. '; t.,' '-',' .', l ,~. ',' ;'::' .'co;~, ,'. ;":",,'., I' ~. H . .......,-" "..".... ;-",';','.." Lilia' Servlc... Inc. S IrvIne Row Carlisle, PA 17013 ~ --- .-. ",..",--__-___fItJ ~-- - ~ ~-~.:...'-" ....----~ - -- USA 33 M<lty,mn Murphy, Esquire LEGAL SERVICES, INC 8 Irvine Row Cqrlisle, PA 17013 i . I \ ".. 'it ., "i' ~ . .. , I F,lflLI:S'UATMIWGrnoo.:turI7IU7J.rctI1IoJt CrUICoJ 0"0'100 10 H os AM Rt~iltd 0'/,)'10002 19 14 PM 71227J ALBERT C. LANDIS, Iff, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99-0500 CIVIL ACTION - LAW SANDI A. LANDIS, Defendant IN CUSTODY PLAINTIFF'S PETITION FOR CONTEMPT AND NOW, comes Plaintiff, by and through his attomeys, MARTS ON DEARDORFF WILLIAMS & OTTO and files this Petition for Contempt as follows: I. Plaintiff is an adult individual residing at 24 Paradise Park, New Bloomfield, Perry County, Pennsylvania with his girlfriend. 2. Defendant is an adult individual residing at 620 S. Edgewood Avenue, Somerset, Somerset County, PA 15501 with her boyfriend and the parties' three children. 3. The parties have three children, Jeffrey A. Landis, born October 19,1989; Gregory A. Landis, bom November 11,1991 and Daniel A. Landis, bom November 4, 1997. 4. A Court Order was entered on August I I, 1999, but was vacated in part by Order dated January 24, 2000, and a modifying Order dated April 19, 2000 (copies of which are attached hereto) granting Defendant primary physical custody of the children and Plaintiff has temporary physical custody. 5. On Wednesday, April 26, 2000, Plaintiffealled Defendant (as required by the Court Order) to schedule visitation with his children and received a message from the telephone company that Defendant's telephone was not accepting calls from that number. 6. Plaintiff then contacted a friend, Leota Fay McMillen, who called Defendant from her telephone and was able to contact Defendant's residence. Defendant's phone was answered by Defendant's boyfriend and Ms. McMillen gave Defendant's boyfriend a message that Plaintiff wanted visitation with his children for that upcoming weekend. 7. Plaintiff arrived at Defendant's residence at 10:00 a.m. on Saturday, April 29, 2000 and no one was home. He checked her residence all day and no one was home. 8. Plaintiff came back the next day, Sunday, April 30, 2000. Defendant was there. Plaintiffrequested to have his visitation with his children and Defendant told Plaintiff that he could not have his visitation since he did not contact her. Plaintiffstated that he tried to call but could not get through since she had blocked his number from getting through. 9. Plaintiff explained that he had Ms. McMillen call since her number was not blocked by Defendant's telephone and Defendant responded (in a sarcastic and provocative tone of voice) that since he personally did not contact her, he could not have custody of the children and that she was going to make it as tough for him to see his children as he has made it for her in the recent past. 10. Plaintiff then lost his temper in frustration at the denial of visitation with his children and smashed a window in the door of Defendant's residence and left. 11. Defendant apparently contacted the police and it is believed that acriminal action and protection from abuse action have now been filed against Plaintiff. 12. By denying Plaintiff the ability to contact his children by putting a block on her telephone number and/or denying Plaintiff the ability to contact Defendant as to his visitation of his children, Defendant is in contempt of the Orders dated August 11, 1999, January 24, 2000 and April 19, 2000. WHEREFORE, Plaintiff prays Your Honorable Court to: a. Issue a citation for contempt against Defendant and schedule a hearing thereon; b. Hold Defendant in contempt of the Orders dated August II, 1999, January 24,2000 and April 19, 2000. c. Enforce the Orders of August 11, 1999, January 24,2000 and April 19, 2000 by fine, imprisonment or whatever other sanction(s) the Court shall deem appropriate; d. Assess attorney's fees against Defendant for the cost of this proceeding; and e. Such other and further relief as the Court shall deem just and proper under the circumstances. MARTSON DEARDORFF WILLIAMS & OTTO By ,.L-..} '^'~ ~ Thomas J. Willid'ms, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: May 11, 2000 Exhibit A ~ B. On evory other holiday, said holidays being New Year's Day, Easter, Memorial Day, July 4111, and Labor Day; C. During even numbered years from the Wednesday evening before Thanksgiving until Friday evening, the day after Thanksgiving and on odd numbered years from Friday evening, the day after Thanksgiving until Monday evening after Thanksgiving; D. During even numbered years from the evening of December 23 until 2:00 p.m. on December 25 and on odd numbered years from 2:00 p.m. on December 25 until the evening of December 28; E. For a period of Summer vacation coinciding with Father's vacation from his employment, the Father agreeing to provide the Mother with at least 30 days notice of the times he wishes to exercise this period of temporary custody; and F. At such other times as the parties may mutually agree. 3. The parties shall share time on the chilaren's birthdays; Father shall always have the child on Father's Day and Mother shall always have the child on Mother's Day. 4. In the event of a conflict between the weekend schedule and the schedule for holidays, Summer vacation, the child's birthday, Father's Day, or Mother's Day, the latter schedule will control. 5. The parties agree to cooperate fully to coordinate these temporary physical custody times and to be reasonably flexible in the event that the Father's work . { , v JAN 112DDrI!J IN nm COURT OF COMMON PLEAs OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW NO. 99-0500 CIVIL IN CUSTODY ALBERT C.LANDIS, m, Plaintiff SANDI A. LANDIS, Defendant COURT ORDER AND NOW, this ~daY of January, 2000, upon consideration -of the attached Custody Conciliation Report. it is ordered IUId directed as follows: 1. This Court's priorOrdcrof AIIgUst 11,1999 is VlI""ted. 2. The Father, Albert C. Landis, m, and the Mother, Sandi A Landis, shall enjoy sI1arP.n legal custody of Jeffiey A. Landis, bom October 19, 1989 Gregory A Landis, born November II, 1991, and Daniel A. r .antli" bom November 4, 1997. 3. The Mother shall enjoy primary physical custody of the minor children. 4. The Father shall enjoy periods oftemponuy physical custody of the minor children as follows: A On weekends for at least 3 weekends per month. Father shall provide Mother with his work schedule or otherwiSe give Mother notice on or before Wednesday of each week as to what weekends he will be exercising temporary custody. S. The parties shall share custody on every other holiday. Said holidays being New Year's Day, Easter, Memorial Day, July 4th and Labor Day. 6. For Thanksgiving. the Father shall have custody on even numbered years fiom Wednesday evening through Friday evening. On odd numbered years, Father shall have custody from Friday evening until Monday evening of the week after Thanksgiving. 7. For the Christmas holiday, during even numbered years Father shall have custody fiom December 23'" until 2:00 p.rn. on December 25th. On odd numbered years, Father shall have custody fiom 2:00 p.rn: on December 25th until the evening of December 28th. ". !? ~ h'\ h', + A II 1\ EXHIBIT "B" ., '" '>. APR 1 8 ZO~ \. IN THE COURT OIr COMMON PLEAS OIr C1JHBERLAND COUNTY, PBNNSYLVAHIA CIVIL ACTION - LAW ALBERT C. LANDIS, III, Plaintiff/Respondent : . . : v. : No. 99-0500 CIVIL TERM SANDI A. LANDIS, Dofendant/Petitioner : . . IN C11STODY ORDER OF COtnl.'!' AND NOW, this /9.J.h day of , 2000, upon consideration- of the Petition for Special Relief and by agreement of the parties, IT IS IIBRBBY ORDERED AND DECREED that the Order of January 24, 2000 shall remain in full force and effect except that paragraph number 4 shall be modified as follows: The Father shall enjoy periods of temporary physical custody of the minot' children on three (3) weekends per month. .Fathe>:, shall provide Mother with his work schedule or otherwise give Mother notice on or before Wednesday of each week as to what weekends he will be exercising temporary custody. Unless notice is given to Mother by Friday at 4:00 p.m. that Father intends to keep the children overnights during his weekend of temporary physical custody, Father shall pick up the children at 4:00 p.m. on Friday at Mother's home and return them to her at 9:00 p.m. .On Saturday, Father shall pick up the children at 10:00 a.m. at Mother's home and return them to her at 9:00 p.m. EXHIBIT "C" >- 0) ;>- cr; c' "'. -"~ ~ cr; :'.~J .-:f' u.J~'.~ C):j. ~E ~:~': :-:;:.: u:;( 0.. c.)~ C?~') :.'t lJJ L-:-'{~: .'~Z 1,,1.11,u '1"Z .. _...J, , ;..~ ~,j\ Cl tL~' .;~t ~~?L r- :;C u. 0 ':') l.l C) l.l . .- ,,_. ,-,-,':i' MDW&:c5 IN/"kM.\!ll'N '^lJl.'KF. "11\'1"':'~ y TEN EAST KIG" STitEitr CARLISLE. PF.NNSYLVANIA .'7013 MY 1 2 ZllllO~ AUG 2 1 20~~ ALBERT C. LANDIS, III. Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNSYLVANIA v CIVIL ACTION - LAW NO. 99-0500 CIVIL IN CUSTODY SANDI A. LANDIS, Defendant COURT ORDER AND NOW, this cXL(t~ day of August, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. A hearing is sclJ,eduled in Courtroom No.4 of the Cumberland COlillty Courthouse on the d.{/1:1; day of '11I7N411!UJ/l._, 2000, at q: en) , Lt.M. at which time testimony will be taken in the above case. At this hearing, the Father, Albert C. Landis, fII, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing cOlillsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on those issues, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least 5 days prior to the mentioned hearing date. 2. The parties shall submit themselves and the minor children to a custody evaluation to be perfonned by a professional as agreed upon by legal counsel for the parties. It is anticipated that the costs of this evaluation shall be shared between the parties consistent with the support allocation fonnula. Counsel shall endeavor to arrange an evaluation that will allow the parties to make payments they can afford. In the event any issues arise with respect to an inability of legal eounsel of the parties to make arrangements for an evaluation, counsel for the parties may contact the Conciliator to conduct a Conciliation Conference via a telephone conference call. Both parties shall cooperate in the eval uation and shall ensure the minor children are made available for the evaluation. 3. Pending further Order of this Court, this Court's prior Order of January 24, 2000 shall remain in effect. However, Father's periods of temporary custody shall be as follows: A. From Saturday moming at 8:30 a.m. until Sunday evening at 5:00 p.m. This scheduled shall be effective as of August 12,2000. 4. Father's request to hold the Mother in contempt shall also be addressed at the hearing scheduled above as will Father's request to modify the custody order. >- Cl I=!; i;; i-:~~ "" LU 5:; c>) -~i C\,,::. I'') ::z; ',- .....-:-; t"!-;. c:.~ (-,~. ;'.c; ,,,- ',)r:", (....- ~;.. ':! ,.........:. C'J ':i'(/) Li~ !..~-: I i..:J;!. J -.. "" i.t:$;: a :'; - f~:';; ::? ((1/1:1 (~ C:l :s CJ ,-;:, () f1fll.r,S\I>Al"flW.(Hndo!;ul.i1l117'Jl(\'21tJc C".ltd O'I05IooIOHOI,,'-I IInluo! IGf]fJ/lIl/120'1IPM 71117) ALBERT C. LANDIS, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99-0500 CIVIL ACTION. LAW SANDI A. LANDIS, Defendant IN CUSTODY PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff, Albert C. Landis, III, (hereinafter referred to as " Father") by and through his attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO pursuant to Pa. R.C.P. 1915.13 and avers as follows: I. The parties hereto, Father and Defendant Sandi A. Landis (hereinafter referred to as "Mother") are the parents of three children who are the subject of a Custody Order issued by the Honorable Kevin A. Hess on January 24,2000, a copy of which is attached hereto and marked as Exhibit "A." Generally, Mother has primary custody ofthe three children with Father being granted partial custody, mostly on alternate weekends. 2. Father has filed a Petition to change the custody arrangements, which Petition is currently pending with a hearing scheduled for November 20, 2000. A copy of said Petition is attached hereto and marked as Exhibit "B." 3. For some time now, Father has been unaware of Mother's residence, which has changed several times over the past year or so. Father has recently learned that Mother is currently a patient at the Somerset Hospital, South Center A venue, Somersct, Somerset County, Pennsylvania since approximately Saturday, October 21,2000 when she admitted herself to the Psychiatric Ward following ideations of suicide. 4. Mother has refused to reveal the whereabouts of the children to persons calling her on behalf of Father, stating only that they were "in good hands." As a result, Father does not know the whereabouts of his children, nor have any means to contact them. 5. Over the past couple of months, Father has been the subject of investigation by both Somerset County CYS and Perry County CYS on allegations of child abuse. Both of these have been detennined to be unfounded. Father believes that these had been initiated at the behest of Mother in order to harass Father and interfere with his relationship with his children, and the exercise of his partial custody rights granted by this Court. Exhibit A ( v JAM U 2MtJfJ IN 11iE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIoN - LAW NO. 99-0500 CIVIL IN CUSTODY ALBERT C.LANDIS, m, Plaintiff SANDI A.LANDlS, Defendant COURT ORDER AND NOW, this ~daY of Janwuy, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. This Coun's prior Order of August II, 1999 is vacated. 2. The Father, Albert C. Landis, m, and the Mother, Sandi A. Landis, shall enjoy sbarP.rl legal custody of Jeffiey A. Landis, born October 19, 1989 Gregory A. Lanills, born November II, 1991, and Daniel A. Landis, born November 4, 1997. 3. The Mother shall enjoy primary physical custody of the minor children. 4. The Father shall enjoy periods of temporary physical custody of the minor children as follows: A. On weekends for at least 3 weekends per month. Father sha11 provide Mother with his work schedule or otherwise give Mother notice on or before Wednesday of each week as to what weekends he will be exercising temporary custody. 5. The parties shall share custody on every other holiday. Said holidays being New Year's Day. Easter, Memorial Day,July 4th and Labor Day. 6. For Thanksgiving, the Father shall have custody on even numbered years from Wednesday evening through Friday evening. On odd numbered years, Father shall have custody from Friday evening until Monday evening of the week after Thanksgiving. 7. For the Christmas holiday, during even numbered years Father shall have custody from December 23111 until 2:00 p.m. on December 25lh. On odd numbered years, Father shall have custody from 2:00 porn: on December 25lh until the evening of December 28th. ". EXHIBIT "A" Exhibit B f"""I ("'0, ,.\1'lJlS\DATA1U..I\CitndoccW\1'2J7J,pUIIld. C,... 03JOJIOO lonO'AM lnUed: 'OYOJ,VJ OJ 19 If'M 7IU7) ALBERT C. LANDIS, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99-0500 CIVIL ACTION - LAW SANDI A. LANDIS, P g 9, Defendant IN CUSTODY -d'v :JC '<I 1.1'(":1 :::: hifQ ~f~ "',rTl PLAINTIFF'S PETITION FOR CONTEMPT 0 );~ i;~? r'lr,e;-J ",(...' ...'" ... ~.r, .... .,. ...."";,..... ..,.~ f"L::O AND NOW, comes Plaintiff, by and through his attorneys, MARTSO~€~AIWO~f'~ WILLIAMS & OTTO and files this Petition for Contempt as follows: ~ ?t, -... \0 -< I. Plaintiff is an adult individual residing at 24 Paradise Park, New Bloomfield, Peny County, Pennsylvania with his girlfriend. 2, Defendant is an adult individual residing at 620 S. Edgewood Avenue, Somerset, Somerset County, PA 15501 with herboymend a.'1d the parties' three children. 3. The parties have three children, Jeffrey A. Landis, born October 19, 1989; Gregory A. Landis, born November II, 1991 and Daniel A. Landis, born November 4, 1997. 4. A Court Order was entered on August II, 1999, but was vacated in part by Order dated January 24, 2000, and a modifying Order dated April 19, 2000 (copies of which are attached.... . hereto) granting Defendant primary physical custody of the children and Plaintiff has temporary physical custody. 5. On Wednesday, April 26, 2000, Plaintiff called Defendant ( as required by the Court Order) to schedule visitation with his children and received a message from the telephone company that Defendant's telephone was not accepting calls from that number. 6. Plaintiff then contacted a friend, Leota Fay McMillen, who called Defendant from her telephone and was able to contact Defendant's residence. Defendant's phone was answered by Defendant's boymend and Ms. McMillen gave Defendant's boyfriend a message that Plaintiff wanted visitation with his children for that upcoming weekend. 7. Plaintiffanived at Defendant's residence at 10:00 a.m. on Saturday, April 29, 2000 and no one was home. He checked her residence all day and no one was home. 8. Plainti ff came back the next day, Sunday, April 30, 2000. Defendant was there. Plaintiffrequested to have his visitation with his children and Defendant told Plaintiffthat he could not have his visitation since he did not contact her. Plaintiff stated that he tried to call but could not get through since she had blocked his number from getting through. EXHIBIT "B" 9. Plaintiff explained that he had Ms. McMillen call since her number was not blocked by Defendant's telephone and Defendant responded (in a sarcastic and provocative tone of voice) that since he personally did not contact her, he could not have custody ofthe children and that she was going to make it as tough for him to see his children as h~ has made it for her in the recent past. 10. Plaintiff then lost his temper in frustration at the denial of visitation with his children and smashed a window in the door of Defendant's residence and left. II. Defendant apparently contacted the police and it is believed that a criminal action and protection from abuse action have now been filed against Plaintiff. 12. By denying Plaintiff the ability to contact his children by putting a block on her telephone number and/or denying Plaintiffthe ability to contact Defendant as to his visitation of his children, Defendant is in contempt ofthe Orders dated August II, 1999, January 24, 2000 and April 19,2000. WHEREFORE, Plaintiff prays Your Honorable Court to: a. Issue a citation for contempt against Defendant and schedule a hearing thereon; b. Hold Defendant in contempt of the Orders dated August II, 1999, January 24, 2000 and April 19, 2000. c. Enforce the Orders of August 11, 1999, January 24,2000 and April 19, 2000 by fine, imprisonment or whatever other sanction(s) the Court shall deem appropriate; d. Assess attorney's fees against Defendant for the cost of this proceeding; and e. Such other and furtherrelief as the Court shall deem just and proper under the circumstances. MARTSON DEARDORFF WILLIAMS & OTTO -rk"UIAJ~ By Thomas J. WiI iams, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Dale: May ll, 2000' "- en ~ ~ ..:J I-" :'5...... wQ e~ l~:!~ fF i.;~ :t.: Cc. (~J .-1 C)t-::, 0 r ~." 0 :> ~f? L~..._ C") .'1.,0_ I...!.:...... rr..: ;~ __1"1 f- ~ULU cc. ~l L' .::!.J::l- I::: c:J :;E Co, 0 ::.J -::..:~ Cl C,) MDW&O INF'\kMAnON 'AtlVlCl:.' All'olII:.o.I;Y TEN EA,'r Hie,lI STREET CUitlSLE, PENNSYLVANIA 17013 ~;"":"""':~':,'''.'''''''':..-'> OCT 3 0 2000f!JJ .' ,--... ".-.." I , i I I I , , , ; I , I I i I I I I (. -jo ., ~"'I ..~ " the children overnight on Saturdays of his weekends if he provides MOTHER with at least five (5) days notice of his intent to keep the children overnight. When the children are visiting with FATHER, MOTHER shall provide the children with appropriate clothing for the weather and for any activities FATHER has planned for the children, providing such clothing is reasonably available and MOTHER has notice of FATHER's planned acti vi ties. FATHER shall return all such clothing to MOTHER at the end of his period of temporary custody. 4. The parents shall alternate the holidays of New Year's Day, Easter, Memorial Day, the Fourth of July and Labor Day. In 2001 and in all odd years thereafter, FATHER shall have New Year's Day, Memorial Day and Labor Day, and MOTHER shall have Easter and the Fourth of July. In 2002 and in all even years thereafter, MOTHER shall have New Year's Day, Memorial Day and Labor Day, and FATHER shall have Easter and the Fourth of July. Unless otherwise agreed by the parents, the hours shall be from 9:00 a.m. until 8:00 p.m. or until after the fireworks, if applicable. 5. The parents shall alternate and share the Thanksgiving holiday each year. In 2000 and in all even years thereafter, MOTHER shall have from Wednesday after school until Friday at 5:00 p.m., and FATHER shall have from Friday at 5:00 p.m. until Monday at 5:00 p.m. In 2001 and in all odd years thereafter, FATHER shall have from Wednesday after school until Friday at 5:00 p.m., and MOTHER shall have from Friday at 5:00 p.m. until Monday at 5:00 p.m. 6. The parents shall alternate and share the Christmas holiday each year. In 2000 and in all even years thereafter, FATHER shall have from noon (or after school if school is in session) on December 23rd until 2:00 p.m. on December 25th, and MOTHER shall have from 2:00 p.m. on December 25th until 8:00 p.m. on December 28th. In 2001 and in all odd years thereafter, MOTHER shall have from noon (or after school if school is in session) on December 23rd until 2:00 p.m. on December 25th, and FATHER shall have from 2:00 p.m. on December 25th until 8:00 p.m. on December 28th. 7. FATHER shall have custody for a period of summer vacation each year coinciding with FATHER's vacation from his employment. FATHER agrees to provide MOTHER with at least thirty (30) days written notice of the times he wishes to exercise this period of temporary custody. 8. FATHER shall have the children on Father's Day weekend and MOTHER shall have the children on MOTHER's day weekend each year, regardless of the usual schedule. The hours shall be from Saturday at 8:30 a.m. until Sunday at 5:00 p.m. 9. Both parents shall have the opportunity to see the minor children on each of their birthdays. (October 19th, November 4th, November IPh). 10. If either parent has a concern about the children, that parent shall make an appointment with the child (ren) 's counselor to discuss her/his concern. MOTHER and FATHER shall utilize the mental health professionals who are treating the children for assistance with co- parenting issues that may, from time to time, arise. At the time of this Order, JEFFREY's counselor is Mandy Leonard with Somerset County Mental Health at (814) 443-4891. MOTHER agrees to keep FATHER apprised of the names and telephone numbers of the child(ren)'s counselors at all times. FATHER is encouraged to contact the counselors and to become involved in the minor children's mental health treatment. 11. The parents shall use all available insurance when the children see a health care provider. '12. Each parent shall give support to the other in their role as "parent" and shall take into consideration the concerns of the other for the physical and emotional well-being of the children. 13. While in the presence of the children, neither parent shall make, nor permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 14. With regard to any emergency decisions which must be made, the parent with physical custody of the children at the time shall be permitted to make the decision necessitated by the emergency wi thout consulting the other parent in advance. However, the parent with physical custody making an emergency decision shall inform the other of the emergency and consul t wi th her Ihim as soon as possible. Day-to-day decisions of a routine nature, including those related to medical care, shall be the responsibility of the parent having physical custody at the time. 15. Both parents shall provide the other with current telephone numbers and complete addresses at all times. 16. Both parents shall have reasonable telephone access with the minor children. The children shall be permitted reasonable telephone access to each of their parents when they are with the other. 17. Both parents shall ensure that the children receive their medications as prescribed. At the time of this Order, GREGORY is being treated for ADHD; JEFFREY is being treated for depression; and DANIEL is being treated for asthma. rWII.J:SIU^TAHI./i',Gend,lCcur\71227.1'IIl:! IllJe Crearell OSIO~/OO IOSJ08M.1 ,Ih:visell IOII14,'oI02161SI'M 71l27J . . ALBERT C. LANDIS, Ill, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-0500 CIVIL ACTION - LA W SANDI A. LANDIS, Defendant IN CUSTODY PLAINTIFF'S PETITION TO CONFIRM MODlFICA TION OF CUSTODY AND NOW, comes Plaintiff, Albert C. Landis, III, byand through his attomeys, MARTSON DEARDORFF WILLIAMS & OTTO and files this Pelitionto Confirnl Modification of Custody as follows: I. Plaintiff, Albert C. Landis, III (hereinafter "Father") is an adult individual residing at 24 Paradise Park, New Bloomfield, Perry County, Pennsylvania. 2. Defendant, Sandi A. Landis (hereinafter "Mother") is an adult individual residing at 705 Bear Rocks Run, P.O. Box 325, Acme, PA 15610. 3. The parties have three children, Jeffrey A. Landis, born October 19,1989; Gregory A. Landis, born Novembcr II, 1991 and Daniel A. Landis, born November 4, 1997. 4. A Court Order was entered on November 13, 2000 granting shared legal custody of the children between the parties, with Mother having primary physical custody of the children, and Father having temporary physical custody of the children, a copy of which is attached hereto as Exhibit "A." Date: Q;. /.5/ 20;/ 5. From September 17,2001 to the present, Father has had primary physical custody of the oldest child, Jeffrey A. Landis. 6. Both Mother and Father agree that Jeffrey would benefit from being in the care of Father. WHEREFORE, Father prays your Honorable Court to issue an Order amending the Order of November 13,2000, wherein directing that he has primary physical custody ofthe child, Jeffrey A. Landis, and Mother shall have partial physical custody as the parties may agree. The balance of the November 13, 2000 Order would remain in effect. MARTSON DEARDORFF WILLIAMS & OTTO By -r ~ '.d~ Thomas J. Wil i ms, Esquire Ten East High trcet Carlisle, P A 17013-3093 (7 17) 243-3341 Attomeys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALBERT C. LANDIS, III, : Plaintiff . . . . v. No. 99-0500 CIVIL TERM SANDI A. LANDIS, Defendant . IN CUSTODY . ORDER OF COURT AND NOW, this I ~ -yl,- day of ~1d~ , 2000, upon agreement of the parties and their respective counsel, and fully resolving all outstanding issues with regard to custody, IT IS HEREBY ORDERED AND DECREED that custody and partial custody with respect to JEFFREY A. LANDIS, born October 19, 1989; GREGORY A. LANDIS, born November 11, 1991; and DANIEL A. LANDIS, born November 4, 1997, the minor children involved in this action, shall be awarded as follows: 1. MOTHER and FATHER shall share legal custody of the minor children. 2. MOTHER shall have primary physical custody of the minor children. 3. FATHER shall have temporary physical custody of the minor children on alternate weekends on Saturday from 9:00 a.m. to 9:00 p.m.; and on Sunday from 9:00 a.m. until 6:00 p.m. beginning the weekend of November 18, 2000. FATHER shall have the right to keep EXHIBIT "A" the children overnight on Saturdays of his weekends if he provides MOTHER with at least five (5) days notice of his intent to keep the children overnight. When the children are visiting with FATHER, MOTHER shall provide the children with appropriate clothing for the weather and for any activities FATHER has planned for the children, providing such clothing is reasonably available and MOTHER has notice of FATHER's planned acti vi ties. FATHER shall return all such clothing to MOTHER at the end of his period of temporary custody. 4. The parents shall alternate the holidays of New Year's Day, Easter, Memorial Day, the Fourth of July and Labor Day. In 2001 and in all odd years thereafter, FATHER shall have New Year's Day, Memorial Day and Labor Day, and MOTHER shall have Easter and the Fourth of July. In 2002 and in all even years thereafter, MOTHER shall have New Year's Day, Memorial Day and Labor Day, and FATHER shall have Easter and the Fourth of July. Unless otherwise agreed by the parents, the hours shall be from 9:00 a.m. until 8:00 p.m. or until after the fireworks, if applicable. 5. The parents shall alternate and share the Thanksgiving holiday each year. In 2000 and in all even years thereafter, MOTHER shall have at 8:30 a.m. until Sunday at 5:00 p.m. 9. Both parents shall have the opportunity to see the minor children on each of their birthdays. (October 19th, November 4th, November 11th) . 10. If either parent has a concern about the children, that parent shall make an appointment with the child (ren) 's counselor to discuss her/his concern. MOTHER and FATHER shall utilize the mental health professionals who are treating the children for assistance with co- parenting issues that may, from time to time, arise. At the time of this Order, JEFFREY's counselor is Mandy Leonard with Somerset County Mental Health at (814) 443-4891. MOTHER agrees to keep FATHER apprised of the names and telephone numbers of the child (ren) 's counselors at all times. FATHER is encouraged to contact the counselors and to become involved in the minor children's mental health treatment. 11. The parents shall use all available insurance when the children see a health care provider. 12. Each parent shall give support to the other in their role as "parent" and shall take into consideration the concerns of the other for the physical and emotional well-being of the children. '13. While in the presence of the children, neither parent shall make, nor permit any other person to make, any remarks or do anyth:i:ng \'Ihich could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 14. With regard to any emergency decisions which must be made, the parent with physical custody of the children at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, the parent with physical custody making an emergency decision shall inform the other of the emergency and consult with her/him as BOOn as possible. Day-to-day decisions of a routine nature, including those related to medical care, shall be the responsibility of the parent having physical custody at the time. 15. Both parents shall provide the other with current telephone numbers and complete addresses at all times. 16. Both parents shall have reasonable telephone access with the minor children. The children shall be permitted reasonable telephone access to each of their parents when they are with the other. 17. Both parents shall ensure that the children receive their medications as prescribed. At the time of this Order, GREGORY is being treated for ADHD; JEFFREY is being treated for depression; and DANIEL is being treated for asthma, 0 ,j.. 3 Q >- ..:1' r; ~ ~ ~ N Z ('\) t- -:J -- \"- lU~') ..::r ("')~ tr '"'(, ~ Q~. :c 0~ l'" Ll..':-," ~ ~ ~ (~f~,: 0_ r~~ 0 i !., .... Lo') ;~(;) " .~ e;,';~ ~..JZ ~ ~ t;I:;~E l- (1:'2 -S UJLU U COo. t-, C> :2 ""l- ,,- :-"j 0 Cl U , .