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HomeMy WebLinkAbout03-3174NANCY E. SERSCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03- 311Y JOHN N. SERSCH, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. The Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17103 (717) 249-3166 or (800) 990-9108 TUCKER ARENSBERG, P.C. By. ? Sandra L. Meilton, I.D. #32551 111 North Front Street, P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: 2`3_03 ATTORNEYS FOR PLAINTIFF NANCY E. SERSCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. JOHN N. SERSCH, CIVIL ACTION -LAW Defendant IN DIVORCE 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 Custody Conference Officer, on , 2003, at a.m./p.m. at Pennsylvania, 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. Children need not be present at the Conference unless their presence is requested by the Custody Conference Officer. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, Date of Order: By: Custody Conference Officer 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 or 1-800-990-9108 NANCY E. SERSCH, Plaintiff V. JOHN N. SERSCH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3)7q '1. CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) and 3301(d) OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaintiff is Nancy E. Sersch, an adult individual who is sui juris and resides at 1426 Market Street, Apt. 4, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is John N. Sersch, an adult individual who is sui juris and whose residence address is a post office box unknown to Plaintiff. Plaintiff is only aware of Defendant's work address, i.e., 1801 South Black Canyon Highway, Phoenix, AZ 85009 The present whereabouts of the Defendant, John N. Sersch, to the knowledge of the Plaintiff, is the same. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 26, 2000, in Las Vegas, Nevada. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based is that that the parties hereto have lived separate and apart for a period of at least two years, and that the marriage is irretrievably broken. COUNT II - PETITION FOR CUSTODY 9. There was one child born of the marriage of Plaintiff and Defendant, namely Jenna Sersch, born November 22, 1999. 10. The child is presently in the custody of Nancy E. Sersch, who resides 1426 Market Street, Apt. 4, Camp Hill, Pennsylvania. 11. following addresses Plaintiff Defendant Kyle Danley Plaintiff Jane Danley Plaintiff Defendant Since birth, the child has resided with the following persons and at the Donna Marie Freedman Plaintiff, Ronald, Jessica, Dave and Rachel 6905 Salem Park Circle Mechanicsburg, PA 1440 Timberview Road Mechanicsburg, PA 6905 Salem Park Circle Mechanicsburg, PA 637 Devon Road Camp Hill, PA Plaintiff 1426 Market Street Apt. 4 Camp Hill, PA 17011 Birth to December, 2000 December, 2000 to February, 2001 February, 2001 to June, 2001 June, 2001 to August 1, 2001 August, 2001 to the present 12. Plaintiff has not participated as a party, witness, or in any other capacity in any other litigation concerning the custody of said child in this or any other court. 13. Plaintiff does not have any information of any custody proceeding concerning said child pending in a court of this or any other state. 14. Plaintiff knows of no person not a party to this proceeding who has physical custody of said child or claims to have custody or visitation rights with respect to said child. WHEREFORE, Plaintiff requests the Court to: (a) Enter a Decree dissolving the marriage between Plaintiff and Defendant; (b) Grant primary physical custody of the parties' child to Plaintiff; and (c) For such further relief as the Court may determine equitable and just. Respectfully submitted, TUCKER ARENSBERG, P.C. By?G.Cips??%G ??/"` Sandra L. alto 111 North Front Street, P.O. Box 889 Harrisburg, PA 17108 Telephone No. (717) 234-4121 Attorneys for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: (A5?05 1 Nancy E. ersch 59436.1 V 0 N ? YC_: ,cl ?_il 'C G h v NANCY E. SERSCH PLAINTIFF V. JOHN N.SERSCH DEFENDANT AND NOW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 03-3174 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT Thursday, July 03, 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 Friday, July 18, 2003 at 2:00 PM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. /s/ Melissa P. Greevy, Esq, tr Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (71.7) 249-3166 -tu:IIU'ol Z -lii('Co NANCY E. SERSCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JONATHAN N. SERSCH, Defendant NO. 03-3174 CIVIL ACTION - LAW IN DIVORCE/CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF DAUPHIN ) AND NOW, this day of July, 2003, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Gloria M. Rine, paralegal to Sandra L. Meilton, who being duly sworn according to law, deposes and says that on July 8, 2003, she mailed a certified copy of a Complaint in Divorce along with Order of Court setting a custody conciliation conference to John N. Sersch, c/o Christy Signs, 1825 South Black Canyon Highway, Phoenix, AZ 85009, by certified mail no. 7099 3400 0016 3623 6191, restricted delivery, return receipt requested, and the same was received by him on July 11, 2003, as indicated by the return receipt card which is attached hereto. 4 Gloria M. Rine Sworn to and subscribed before me this 16th day of July, 2003. otary Public (SEAL) "Oww Seal Mary K SizW^ NoWy RM Clry Of Yak, Yak Carty My CaM*S1M E*=AUa 28.2W8 Member. PeM*Va* AeeoCWM O(N0ftft ra _ a ? Postage $ r-/- f91 • Certifietl Fee r"1 Relurn Receipt Fee Entlorsement Requiretl) O gestrictetl Delivery Fee p Entlorsement Requiretl) O Total Postage a Fees I $ O Recipbntk Na. (Please Pdnt Clearly) (to be completed by melletl m --JOHN-N.--_SERSCH. CHRIS__TY_SIGNS - ---------------------------- D- Street, Apt. No.; or PO Box No. o . 801..SOUTH_BLACK.CANYON--HIGHWAY_------------- `I AZ 85009 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. nt ?! ,Pwaived U (Pkphrase p Clearly) B. Date of Delivery JOB $? ¦ Print your name and address on the reverse . -? so that we can return the card to you. ¦ Attach this card to the back of the mailpiece C. Signature O 7?7C , or on the front if space permits. X _ B (/? Addressee 1. Article Addressed to: D. Is elivery atldress different from item 1? ? Yes MR. JOHN N. SERSCH If YES, enter delivery address below: ? No CHF?PSTY SIGNS 1 ?SO SOUTH BLACK CANYON HIGHWAY PHOENIX AZ 85009 3. Service Type 3MCertified Mall ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Mmyes P9 fblMl 381 1 J41y 7999: r : Daltiestit Return Receipt 102s9s- g&M-1789 (-„ ? } t'? ?.? 'U G. '? _ n?i. r r?' y ? ; -? ?_ _J _?: <- c_ -- ? J T C.: .. . , r- L-a N 77, J --- `? AUG 0 1 nv ll NANCY E. SERSCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA IV. NO. 03-3174 JOHN N. SERSCH, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER AND NOW, this ? day of 4v , I:4. P' 2003, upon stipulation of the parties, it is HEREBY ORDERED AND DECREED that: 1. Mother shall have primary physical custody of Jenna. 2. Father shall have periods of partial custody as mutually agreed upon by the parents. 3. It is understood and agreed between the parents that as Jenna gets older, they will work together to increase the amount of time that Jenna spends with her Father. 4. It is anticipated that Father will have a minimum of fourteen days contact with Jenna per year at times mutually agreed upon by the parents. 5. Father shall be entitled to periods of partial custody of Jenna when he travels to Pennsylvania provided he gives Mother at least 48 hours notice of his intended visits. 6. The parents shall share the holidays as they mutually agree. 7. It is understood and stipulated by the parents that they will co-parent Jenna in a fashion for and in her best interest. BY THE COURT: 61034.1 J. Dist:ndra L. Meilton, Esquire, PO Bo 889- Harrisburg, PA 17108-0889 ohn N. Sersch, 1825 S. Black Canyon Hwy„ Phoenix, AZ 85009 ? p1? 0 ntimcsrvva? AUG' 0 1 2003 NANCY E. SERSCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN N. SERSCH, Defendant NO. 03-3174 CIVIL TERM CIVIL ACTION - LAW IN 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 THE CUSTODY OF Jenna Sersch November 22, 1999 Mother 2. A Custody Conciliation Conference was scheduled for July 18, 2003 at 2:00 P.M. Present for the conference were: the Mother, Nancy E. Sersch, and her counsel, Sandra L. Meilton, Esquire; the Father, John N. Sersch, appeared pro se. 3. At the time of the Conciliation Conference the Father was presented with a Custody Stipulation which he reviewed and signed. A copy of the Stipulation and Order is attached to this report. Father requests that the cert y of his Order be sent to him at work. 7 a //? Date Melissa Peel Gr evy Custody Conciliator :216324 NANCY E. SERSCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-3174 JOHN N. SERSCH, CIVIL ACTION - LAW Defendant IN CUSTODY STIPULATION AND NOW, this day of Sersch, Plaintiff (hereinafter referred to as "Mother'), toget r with her atto2003, Nancy E. rney, Sandra L. Meilton, and John N. Sersch, Defendant (hereinafter referred to as "Father"), hereby inform your Honorable Court that they have amicably resolved to their mutual satisfaction the issues of custody and visitation regarding their child, Jenna Sersch, born November 22, 1999, and do hereby stipulate that the following is the substance of their agreement respectfully requesting that your Honorable Court issue an appropriate Order of custody and visitation in accordance with their agreement and stipulation: 1. Mother shall have primary physical custody of Jenna. the parents. 2. Father shall have periods of partial custody as mutually agreed upon by . 3. It is understood and agreed between the parents that as Jenna gets older, they will work together to increase the amount of time that Jenna spends with her Father. 4. It is anticipated that Father will have a minimum of fourteen days contact with Jenna per year at times mutually agreed upon by the parents. 5. Father shall be entitled to periods of partial custody of Jenna when he travels to Pennsylvania provided he gives Mother at least 48 hours notice of his intended visits. 6• The parents shall share the holidays as they mutually agree. 7. It is understood and stipulated by the arent th Jenna in a fashion for and in her best interest. p s at they will co-parent L Z andra L. Meilton r? CuS?y Ti-) Nancy E. Ser h v J91111 N. Sersch NANCY E. SERSCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 03-3174 Civil Term JOHN N. SERSCH, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 3, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 10/28/03 1 Nancy . Sersc Plaintiff n ,a " ?' a ?? ?' -b ???? ?? ? C NANCY E. SERSCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3174 Civil Term JOHN N. SERSCH, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 3, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 10/30/03 ohn N. Sersch, Defendant p gr-R Aix 5: _ y1 V1 NANCY E. SERSCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-3174 Civil Term JOHN N. SERSCH, : CIVIL ACTION -LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 10/30/03 hn N. Sersch, Defendant 63386.1 o w NANCY E. SERSCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3174 Civil Term JOHN N. SERSCH, : CIVIL ACTION -LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 13 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 10/28/03 Nancy . Sers l Plaintiff w , ?: ?-' C ? ?4? s ? ? ? ? ? ? 0 rn NANCY E. SERSCH IN THE COURT OF COMMON PLEAS VS. CUMBERLAND COUNTY, PENNSYLVANIA JOHN N. SERSCH CIVIL DIVISION NO. 03-3174 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) xaM (Strike out inapplicable sectionl. 2. Date and manner of service of the complaint: Certified mail, July 11, 2003 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff 10/28/03 by defendant 10/3.0J03 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 12/ 1/03 (mailed on 11/24/03) Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 12/1 /03 (mailed on 11/24/03) Attorney for Plaintiff Be- ci -T I Ln -1 lr ( J N - iirp N rJ '<;rn ca -? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. NANCY E. SERSCH NO. 03-3174 CIVIL TERM VERSUS JOHN N. SERSCH DECREE IN DIVORCE AND NOW, December z 9' 2003 11 , IT IS ORDERED AND DECREED THAT NANCY E.SERSCH PLAINTIFF, AND JOHN N. SERSCH ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. BY THE COURT: PROTHONOTARY . , a . ,,, ?¢,ti * RECEIVED MAY 16 2006 NANCY E. SERSCH, Plaintiff V. JOHN N. SERSCH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3174 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Defendant ORDER AND NOW, this / er day of May, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, John N. Sersch and Nancy E. Sersch, shall have shared legal custody of the minor child, Jenna N. Sersch, born November 22, 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 her health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. 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. Mother shall have primary physical custody subject to Father's rights of partial custody arranged as follows: A. Summer. The second Saturday after school is out until one week before school starts. For 2006, Father's custodial period shall begin on June 17, 2006 and continue until August 19, 2006. 3. Transportation. The parties recognize that airline transportation will be necessary incident to effect custodial exchanges. It shall be acceptable for the flights to be scheduled from BWI or Harrisburg International Airports. The parent receiving custody will escort the child on the flight until the parties mutually agree that the child no longer needs parental escorts. The adults will pay for their tickets and % of the child's airline ticket. Not less than one month prior to the trip, the parties will purchase the tickets for the trip. 4. Holidays. A. Christmas. In even numbered years, Mother will have custody for Christmas and in odd numbered years, Father will have custody for Christmas. The custodial period for Christmas shall commence on the l NO. 03-3174 CIVIL TERM first day that school is dismissed and continue until the day before school starts. B. Thanksgiving. Father will have custody for Thanksgiving in even numbered years. Mother will have custody for Thanksgiving in odd numbered years. If school is out for a week or more for the Thanksgiving holiday, Father's custodial period shall be from the Saturday before the week school is out until the day before school starts. The intent of this paragraph is to provide Father with a minimum of a seven-day Thanksgiving period of custody. In the event that there are additional costs to travel on the Monday after the Thanksgiving holiday as compared to traveling on the Saturday after Thanksgiving and these costs exceed $50.00 per parent, Father will pay the additional difference. C. Spring Break. Father may have custody of the child each spring break for a period of seven days which shall not require the child to miss more than two scheduled school days. School days missed for educational leave are contingent upon the child not having a problem with truancy or academic failure. 5. In the event that Mother needs to be away from the child overnight during her custodial periods, Father's family shall have the first right of refusal and be contacted before other alternate caregivers are offered the opportunity to baby-sit the child. BY 7z? OURU/ Kevin PC. Hess, J. Dist: arbara Sumple-Sullivan, Esq., 549 Bridge Stree New Cumberland, PA 17070-1931 ?ranley J. A. Laskowski, Esq., 3631 North Fron treat, Harrisburg, PA 17110-1533 J Ob Oh M D??je '?eo- oa 05,jg.0? ndyn of ?C REM M MAY 16 ?ooh NANCY E. SERSCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN N. SERSCH, Defendant NO. 03-3174 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1916.3-8, 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 Jenna Sersch November 22, 1999 CURRENTLY IN THE CUSTODY OF Mother 2. A Custody Conciliation Conference was scheduled for April 28, 2006 in response to Father's Custody Complaint filed on March 9, 2006 at Docket No. 06-1340. Attending the Conference were: the Mother, Nancy E. Sersch, and her counsel, Stanley J.A. Laskowski, Esquire; the Father, John N. Sersch, and his counsel, Barbara Sumple-Sullivan, Esquire. A previous Order is entered with regard to this child and filed at No. 03-3174. Accordingly, the matter at 06-1340 will be consolidated with the original Docket No. 03- 3174. 3. The parties reached an agreement in Da) Order as attached. Relissalseel Greevy, Custody Conciliator :274986 NANCY E. SERSCH, Plaintiff V. JOHN N. SERSCH, Defendant PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3174 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE Please withdraw the appearance of Sandra L. Meilton, Esquire, and the law firm of Tucker Arensberg, P.C. as counsel for Nancy E. Sersch in the above matter. z Sandra L. Meilton, Esq ire No. 32551 TUCKER ARENSBERG, P.C. P.O. Box 889, 111 N. Front Street Harrisburg, PA 17108 (717) 2344121 Dated: May 22, 2006 PROTHONOTARY: PRAECIPE TO ENTER APPEARANCE Please enter the appearance of Stanley J. A. Laskowski, Esquire, and the law firm of Caldwell and Kearns, as counsel for Nancy E. Sersch in the above matter. Dated; May 23, 2006 ` n Stanley J. A. a kowski, Esquire I.D. -No. 37422 Caldwell and Kearns 3631 N. Front Street Harrisburg, PA 17110-1533 232-7661 86202.1 a F`? 1 5Y IL Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN N. SERSCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NANCY DANLEY SERSCH, Defendant PETITION TO MODIFY CUSTODY ORDER 1. Plaintiff is John N. Sersch (hereinafter referred to as "Plaintiff"), who currently resides at 23191 N. 89th Avenue, Peoria, Arizona 85383 2. Defendant is Nancy Danley Sersch (hereinafter referred to as "Defendant"), who currently resides at 125 N. 17th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks shared legal and primary physical custody of the following child: NAME CIVIL ACTION - CUSTODY NO. 03-3174 PRESENT RESIDENCE DATE OF BIRTH Jenna N. Sersch 125 N 17th Street 11/22/1999 Camp Hill, PA 17011 4. The child is presently in the primary custody of Mother at the address listed above. 5. The child was not born out of wedlock. A S. 6. During the last five years, the child has resided with the following persons and at the following addresses: DATES ADDRESSES PERSONS 11/1999 to Salem Park Circle John, Nancy, Jenna 2/2000 Mechanicsburg, PA 17055 2/2000 to Salem Park Circle John, Nancy, Jenna 10/2000 Mechanicsburg, PA 17055 and Kyle 10/2000 to 637 Devon Road Ron, DonnaMane, Sica, 8/2001 Camp Hill, PA 17011 Dane, Racheal, Nancy and Jenna 8/2001 to 1426 N. Market Street Nancy and Jenna 12/2001 Camp Hill, PA 17011 12/2001 to 1426 N. Market Street John, Nancy and Jenna 2/2002 Camp Hill, PA 17011 2/2002 to 1426 N. Market Street Nancy and Jenna 11/2006 Camp Hill, PA 17011 11/2006 to present 125 N. 17th Street Nancy and Jenna Camp Hill, PA 17011 The Mother of the child is Nancy Danley Sersch, currently residing at 125 N. 17th Street, Camp Hill, Cumberland County, Pennsylvania 17011 with the child. However, since January, 2007, it is believed that Mother and the child have been spending many, if not most, overnights at her new boyfriend's home. Petitioner is unaware of this address. The Father of the child is John N. Sersch, currently residing at 23191 N. 89th Avenue, Peoria, Arizona 85383 with his Wife, Rhonda D. Gaudette Sersch. The parties are divorced. 7. Petitioner and Respondent had previously participated in a custody proceeding in this Court. A copy of the Custody Agreement and Order dated May 18, 2006 is attached hereto as Exhibit "A" and incorporated herein by reference. 8. Petitioner has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 9. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) Father is better able to provide a stable and loving environment for the child; (b) Father is better able to assist the child with her school; and (c) Mother has made life changes that create instability for the child. WHEREFORE, the Plaintiff requests the Court to grant the parties shared legal custody and primary physical custody to him. DATE: April 20, 2007 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Exhibit A RECEIVED MAY 16 2006 NANCY E. SERSCH, Plaintiff V. JOHN N. SERSCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3174 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of May, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, John N. Sersch and Nancy E. Sersch, shall have shared legal custody of the minor child, Jenna N. Sersch, born November 22, 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 her health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. 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. Mother shall have primary physical custody subject to Father's rights of partial custody arranged as follows: A. Summer. The second Saturday after school is out until one week before school starts. For 2006, Father's custodial period shall begin on June 17, 2006 and continue until August 19, 2006. 3. Transportation. The parties recognize that airline transportation will be necessary incident to effect custodial exchanges. It shall be acceptable for the flights to be scheduled from BWI or Harrisburg International Airports. The parent receiving custody will escort the child on the flight until the parties mutually agree that the child no longer needs parental escorts. The adults will pay for their tickets and '/2 of the child's airline ticket. Not less than one month prior to the trip, the parties will purchase the tickets for the trip. 4. Holidays. A. Christmas. In even numbered years, Mother will have custody for Christmas and in odd numbered years, Father will have custody for Christmas. The custodial period for Christmas shall commence on the NO. 03-3174 CIVIL TERM first day that school is dismissed and continue until the day before school starts. B. Thanksgiving. Father will have custody for Thanksgiving in even numbered years. Mother will have custody for Thanksgiving in odd numbered years. If school is out for a week or more for the Thanksgiving holiday, Father's custodial period shall be from the Saturday before the week school is out until the day before school starts. The intent of this paragraph is to provide Father with a minimum of a seven-day Thanksgiving period of custody. In the event that there are additional costs to travel on the Monday after the Thanksgiving holiday as compared to traveling on the Saturday after Thanksgiving and these costs exceed $50.00 per parent, Father will pay the additional difference. C. Spring Break. Father may have custody of the child each spring break for a period of seven days which shall not require the child to miss more than two scheduled school days. School days missed for educational leave are contingent upon the child not having a problem with truancy or academic failure. 5. In the event that Mother needs to be away from the child overnight during her custodial periods, Father's family shall have the first right of refusal and be contacted before other alternate caregivers are offered the opportunity to baby-sit the child. BY THE URT: 1;n Kevin Hess, J. Dist: Barbara Sumple-Sullivan, Esq., 549 Bridge Street, New Cumberland, PA 17070-1931 Stanley J. A. Laskowski, Esq., 3631 North Front Street, Harrisburg, PA 17110-1533 Tlt?iE copir FROM REset In 1est1nvM whereoff ; here unto a t e se?? Court a rlista, Pa. Of. C! L ?? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN N. SERSCH, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NANCY DANLEY SERSCH, Defendant CIVIL ACTION - CUSTODY : NO. 03-3174 VERIFICATION I, JOHN N. SERSCH, hereby certify that the facts set forth in the foregoing PETITION are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 2007 N. S RSCH 91 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN N. SERSCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NANCY DANLEY SERSCH, Defendant : CIVIL ACTION -CUSTODY NO. 03-3174 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the PLAINTIFF'S PETITION FOR MODIFICATION OF THE CUSTODY ORDER, in the above-captioned matter upon the following individual, by United States mail, postage prepaid, addressed to: Stanley J. A. Laskowski, Esquire Caldwell and Kearns 3631 N. Front Street Harrisburg, PA 17110 Ms. Nancy Danley Sersch 125N. 17th Street Camp Hill, PA 17011 DATE: April 20, 2007 Barbara Sump] e-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 N ? ? d w JOHN N. SERSCH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NANCY DANLEY DEFENDANT 03-3174 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 26, 2007 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, May 29, 2007 at 3:30 PM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. AX? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Ax A IJ Zl.,. 8 1 •Z Wd 9Z My Lool ?o, 7r- // ?;Ed ,Hi ?,2 1? y:f4 ?0 r OS 2001/ r• JOHN N. SERSCH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-3174 CIVIL ACTION LAW NANCY DANLEY Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of \, 5 2007, upon ,?L consideration of the attached Custody Conciliation Report, it is ordered d directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the 1St day of August, 2007, at 1:30 p.m., at which time testimony will be taken. For purposes of the hearing, the Father, John N. Sersch, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel, a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated May 18, 2006, shall continue in effect. cc: Barbara Sumple-Sullivan, Esquire - Counsel for Father ,Scinley J. A. Laskowski, Esquire - Counsel for Mother 1 CD _ L,_ LL2 -- Q ` c i • , 0 2 2007 JOHN N. SERSCH VS. NANCY DANLEY Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3174 CIVIL ACTION LAW IN CUSTODY Judge: Edgar B. Bayley 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 Jenna N. Sersch November 22, 1999 Mother 2. A custody conciliation conference was held on June 7, 2007, with the following individuals in attendance: the Mother, Nancy Danley, with her counsel, Stanley J. A. Laskowski, Esquire, and the Father's counsel, Barbara Sumple-Sullivan, Esquire. The Father, John N. Sersch, who resides in Arizona, participated in the conference by telephone. 3. This Court previously entered an Order in this matter on May 18, 2006, under which the Mother has primary physical custody of the Child and the Father had custody during the Child's summer school break, spring school break, and alternating holidays. The Father filed this Petition to Modify seeking primary physical custody of the Child. 4. The parties were not able to reach an agreement at the conference on the primary custody issue but did agree to investigate the possibility of obtaining a custody evaluation to obtain guidance as to the custodial arrangements which would best meet the needs of the Child. Subsequently, the Conciliator was advised that the evaluation option was not selected after investigation due to financial constraints and that a hearing would be necessary prior to the beginning of the 2007-2008 school year. The Father currently resides in Arizona; the Mother has recently moved from Camp Hill, where the Child had been attending school, to Enola, necessitating a change in school enrollment for the Child regardless of the outcome of this litigation. , 5. The Father's position on custody is as follows: The Father believes it would be in the Child's best interest to reside primarily with him in Arizona. The Father believes that a lack of structure in the Mother's household is contributing to the Child's unsatisfactory school performance, fatigue and trouble concentrating. The Father expressed concerns about the Child's emotional wellbeing and the Child's diagnosis and treatment for ADD. The Father believes that he would be better able to provide the Child with a stable environment and assistance with school work if she were in his primary custody. 6. The Mother's position on custody is as follows: The Mother believes it would be in the Child's best interest to remain in her primary care during the school year. The Mother believes that the Child is being properly treated with medication for ADD and that the medication has improved her school performance. The Mother noted that although the Child would be moving from the Camp Hill School District to the East Pennsboro School District due to the Mother's recent move, the Child's before and after school care would remain the same. 7. The Conciliator recommends an Order in the form as attached scheduling a hearing in this matter on the primary custody issue. The Order reflects the hearing time and date obtained from the Court in light of the need for resolution prior to the Child's enrollment for the 2007-2008 school year. It is expected that the hearing will require at least one-half day. coz?_? ak?,_ Date Dawn S. Sunday, Esquire Custody Conciliator NANCY E. SERSCH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN N. SERSCH, DEFENDANT 03-3174 CIVIL TERM ORDER OF COURT AND NOW, this day of August, 2007, following a hearing on the merits, the petition of John N. Sersch to modify a custody order of May 18, 2006, by granting him primary physical custody of Jenna N. Sersch, born November 22, 1999, and moving her to Peoria, Arizona, IS DENIED.' By thel ourt, Edgar B. Bayley, J. .etanley J.A. Laskowski, Esquire For Plaintiff ,Za'rbara Sumple-Sullivan, Esquire For Defendant :sal J 'An opinion will follow. >- % cl%i Lo z v e i c -- rr? ? cl-_ 1 y ^ LIJ u„ 2i ? U cv NANCY E. SERSCH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN N. SERSCH, DEFENDANT 03-3174 CIVIL TERM IN RE: CUSTODY OPINION IN SUPPORT OF ORDER OF AUGUST 2. 2007 Bayley, J., August 8, 2007:-- John N. Sersch, age 35, and Nancy Sersch, age 41, are the parents of Jenna N. Sersch, age 7, born November 22, 1999. The father filed a petition to modify a custody order by granting him primary physical custody of Jenna and allowing him to move her to Arizona. The mother is opposed. A hearing was conducted on August 1, 2007. Because a new school year will be starting this month, we resolved the dispute by entering an order on August 2 denying the father relief. This opinion is filed in support of that order. The parents were married in February, 2000, and divorced on December 29, 2003. They were living in Cumberland County when the father separated and moved to Harrisburg in June, 2001. He moved to Arizona in early 2002, where he worked in a signage business operated by his brother. They had a falling out and he moved to another signage company where he met Rhonda whom he married in 2005. They now live in a four bedroom home in Peoria, Arizona, which is about a 45 minute drive northwest of Phoenix. He and Rhonda started Designs, Inc. in 2003. She runs the office, and he handles sales for the company which has seventeen employees and manufactures and installs commercial signage. The father was in the signage business in Pennsylvania before he moved to Arizona. He testified that after September 11, 2001, business was slow at the company he worked for and that he 03-3174 CIVIL TERM moved to Arizona to take advantage of a better business climate.' The mother lived in Camp Hill with Jenna until she moved into the three bedroom home in Enola of her boyfriend, Mark Shot, age 46, in May, 2007. He is an operation supervisor for Ames True Temper where he has worked since 1989. He is divorced and has two children, Natalie, age 13, and Adam, age 11. He has almost equal shared custody with their mother.2 The mother was previously married and divorced. She has a son, age 22, who lives in Philadelphia and a son, age 20, who lives in central Pennsylvania. She has worked for Highmark, formally Pennsylvania Blue Shield, since February, 1996. In the latter part of 2006, Highmark announced that the division the mother was working in was closing and that its employees would be laid off although they could apply for a job in one of the company's out- of-state facilities. The mother, however, applied for another position in the Camp Hill facility and was accepted in the Membership Administration Division? She now works 7:00 a.m. to 3:00 p.m. weekdays. She can report for work as late as 9:00 a.m. and then add the additional time to the end of her workday. Jenna attended kindergarten and first grade in the Camp Hill School District. If she lives with the mother, she will attend second grade in the East Pennsboro Township School ' The mother considered reconciling and moving with the father to Arizona. She went there twice to look for work. There was no reconciliation. z The Enola home has a finished basement where one child will sleep so that if Jenna lives with her mother she will have her own bedroom. 3 The father testified that during the period in which there was the possibility of work disruption the mother asked him to take Jenna to Arizona. He did not because he wanted her to finish the school year. The mother denies she suggested this to the father. -2- 03-3174 CIVIL TERM District. The mother will take her to daycare at the school between 7:00 to 7:15 each morning and then pick her up at the end of the school day. The father generally works from 8:00 a.m. until 4:30 p.m. but has flexibility since he is the owner of his business. If Jenna lives with him, she will attend school in Peoria from 8:00 a.m. to 3:00 p.m. The father and his wife do not plan to use daycare. When the father moved to Arizona in 2002, he did not return to Pennsylvania for a year and three months. He and the mother had an informal arrangement whereby he had Jenna for two weeks in each of the summers of 2004 and 2005. Jenna attended his wedding in Arizona. When the father now visits his family in Pennsylvania, he sees Jenna. In April, 2007, he twice went to her school in Camp Hill. The custody order was entered on May 18, 2006, which both parties testified has been working well. The father had Jenna in Arizona for most of the summer in 2006 and 2007. This summer she was in a summer camp on weekdays although the father took some time off to do different things with her. The order also provides the father with temporary periods of physical custody during certain holiday periods and provides for a sharing of travel costs and coordination of travel arrangements. In November, 2006, Jenna was diagnosed by a local medical specialist with Attention Deficit Disorder and was placed on medication. She had difficulty with focus especially in the morning and in school where she was in the first grade. She had a considerable number of tardies in the first and second quarter but none in the third and fourth quarter after her condition was treated. The mother maintained contact with her teachers every six to eight weeks. Jenna did adequately and will be in second grade this year. When she went to Arizona this summer, a medical specialist there took her off the medication for the summer. -3- 03-3174 CIVIL TERM She will have a medical reevaluation no matter where she is living as to whether she should go back on the medication for the upcoming school year. Jenna is a nice, loving and caring little girl who is close to her mother and her father. She gets along with the father's wife and the mother's boyfriend and his two children. She has had considerable contact with the mother's two sons and the mother's sister and her children, all of whom live in this area. She has had considerable contact with members of the father's extensive family that live in this area. The father testified that he does not believe the mother applies herself adequately to Jenna and that he can provide a more structured environment which he feels she needs. While the mother acknowledges that she used babysitters more often than she should have, those difficulties ended when she moved into the home of Mark Shot this May.4 The mother maintains that she has always been the primary caretaker of Jenna, that Jenna has done well under her care, and that Jenna should not be removed from her primary physical custody. The ultimate determination in a custody case is what is in the best interest of the children. Ferdinand v. Ferdinand, 763 A.2d 820 (Pa. Super. 2000). When a parent seeks to move a child out of Pennsylvania, an analysis must be made of the factors set forth in Gruber v. Gruber, 400 Pa. Super. 174 (1990), which are: the potential advantages of the proposed move and the likelihood that the move would substantially improve the quality of life for the custodial parent and the children and is not the result of a momentary whim on the part of the custodial parent; e Much of that babysitting was provided by the father's sister who the mother maintained a good relationship with. -4- 03-3174 CIVIL TERM 2. the integrity of the motives of both the custodial and non-custodial parent in either seeking the move or seeking to prevent it; 3. the availability of realistic, substitute visitation arrangements which will adequately foster an ongoing relationship between the child and the non-custodial parent. In Beers v. Beers, 710 A.2d 1206 (Pa. Super. 1998), the Superior Court of Pennsylvania stated that it has consistently held that Gruber "refines upon, but does not alter the basic and determinative inquiry as to the direction in which the best interests of the child lie." This case is somewhat unique because the father moved to Arizona over five years ago. It suited him to further pursue his career there to the extent he did not even return to Pennsylvania for the first year and a quarter. While it appears that he has done well, it is problematic as to whether he could have done as well in Pennsylvania. Now that he has established a stable home and work environment, he seeks to have Jenna live with him. While his motive to change custody may be genuine, the mother's motive in seeking to prevent Jenna's move to Arizona is also genuine. Jenna has done well with the mother who is on top of the ADD situation. The custody agreement has worked well. Jenna is now spending a significant amount of time with the father in Arizona, which she will continue to do if she lives with her mother. None of the issues raised by the father are significant enough to now remove Jenna from her primary physical custodian. We find that it is in the best interest of Jenna to live with her mother. Accordingly, the order of August 2, 2007, was entered denying the petition of the father to modify the custody order of May 18, 2006, by granting him primary physical custody of Jenna and moving her to Peoria, Arizona. -5- 03-3174 CIVIL TERM ns?- $ Z6*q (Date) tanley J.A. Laskowski, Esquire For Plaintiff Al'arbara Sumple-Sullivan, Esquire For Defendant :sal V Edgar B -6- C'") c"3} C?? f co ', , I Stanley J. A. Laskowski, squire Attorney I.D. #37422 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 saskowski@cklegal.net Attorne for Plaintiff Na c E. ~_ , n T ~ ~ i~,j~3'V ~~;' i , ~ _.' NANCY E. SERSCH, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3174 CIVIL TERM JOHN N. SERSCH, CIVIL ACTION -LAW Defendant. CUSTODY E RGENCY PETITION FOR SPECIAL RELIEF AND NOW, com s Plaintiff, Nancy E. Sersch, by her attorney, Stanley J. A. Laskowski, Esquire, of Caldwell & arns, P.C., and respectfully represents and avers as follows: 1. Plaintiff is Nancy E. Sersch, an adult individual residing at 2195 Valley Road, Enola, Cumberland Coun y, Pennsylvania, 17025. 2. Defendant is John N. Sersch, an adult individual, having a last known address at 6731 North 129`" Lane, lendale, Arizona, 85307. 3. Plaintiff d Defendant are the natural mother and father respectfully of the minor child, Jenna N. Sersch, (ge 10) born November 22, 1999. 4. Mother ha had primary physical custody of the child pursuant to an Order of Court entered May 18, 2 06; a true and correct copy of such Order is attached hereto, marked as Exhibit "A" and incorpo ated herein by reference. 5. By Order f Court dated August 2, 2007, Father's Petition to modify the Custody Order of May 18, 2006, y granting him primary physical custody and moving the child to $'1p. 00 P O A'~/ ~~ ss~~~f Q,# a~tsss/ 1 , ~ f 1 f 1 Arizona, was denied. A t e and correct copy of the August 2, 2007 Order and Opinion in support thereof is attache hereto, marked as Exhibit "B" and incorporated herein by reference. 6. Until the 2 08 Christmas Holiday period, Father exercised his custodial periods pursuant to the May 18, 2 06 Order. 7. Father has ailed and/or refused to exercise custodial periods of the minor child since Christmas 2008 tot e present; Father has exercised infrequent contact with the child during this period of time 8. Father has ailed and/or refused to make any and timely travel arrangements or exercise his custodial periods for 2009 Easter, summer and Christmas as well as 2010 Easter and summer period as require by the May 18, 2006 Custody Order. 9. On or abo t June 3, 2010, upon information and belief, Father communicated suicidal threats to his sist r and electronically sent pictures of what purported to be a hangman's noose. 10. On or abo t June 7, 2010, Father contacted the East Penn Township Police and upon information and belief made various threats of driving to Pennsylvania from Arizona and kidnapping the parties' inor child to return with him to points unknown. 11. Mother w s informed of Father's threatened actions by the East Penn Township police officer who had re~Ceived this call. 12. Due to Fa her's absence and failure to comply since 2008 with the May 18, 2006 Custody Order, it was ne essary for Mother in the best interests of the child to enroll her in a summer-long day camp or 2010. 2 ust 2 2007 Order Father was married to Rhonda Sersch 13. At the time of the Aug , and resided in a four-bedr om home in Peoria, Arizona, as well as operated a sign business jointly with her. 14. Since the ugust 2, 2007 Custody Order, Father has separated and upon information and belief is ivorced from Rhonda Sersch, he has left or abandoned the business he operated with her, and he as relocated his residence purportedly to Glendale, Arizona. 15. On June 9, 2010, Plaintiff filed a Petition for Protection from Abuse to Cumberland County No. 010-3826. A true and correct copy of the Petition Order is attached hereto and marked as Ex ibit "C" and is incorporated herein by reference. 16. On or abo t June 10, 2010, a Temporary Protection from Abuse Order was issued. A trued and correct copy f the Order is attached hereto and marked as Exhibit "D" and incorporated herein by 17. The Protection from Abuse Order remains pending and scheduled for hearing before the Court on July ~1, 2010. 18. Service of the Protection from Abuse Order was attempted upon Defendant at his last known Glendale Ari ona residence, which service however failed and was returned. 19. Plaintiff i without information as to the location of Defendant's actual residence in Arizona, if any. 20. On or abo~t June 18, 2010, Defendant did commence to carry-out his threats and traveled to Pennsy 21. On June 2~0, 2010, Defendant arrived at Plaintiff s home unannounced without prior notice and the East Penn Township Police were contacted, who then upon information and belief informed Defenda~t of the pending Temporary Protection From Abuse Order at which 3 time Defendant then provi' ed a purportedly inaccurate address. 22. On or abou July 9, 2010, an Order of Court was issued to Cumberland County Docket No. 57 Support 20 1, finding Defendant in contempt of the then existing Order of Court. A true and correct copy o the July 9, 2010 Order is attached hereto and incorporated herein by reference marked as Exhi it "E". 23. Defendant ~as a history of prior physical abuse toward the Plaintiff. 24. Defendant as a history of prior drug and/or alcohol abuse. 25. Upon info ation and belief, Defendant has a history of attempting suicide. 26. Plaintiff is 'n reasonable fear for the safety and well-being of the minor child should she be removed fr m Plaintiff s custody and particularly from the Commonwealth of Pennsylvania by Defendant. 27. Defendant as failed and/or refused to comply with the terms of the May 18, 2006 Custody Order regarding easonable arrangements for exercising his custodial period in the summer of 2010. 28. It is in the est interests of the child that primary physical custody of the child remain with Plaintiff for e rest of the 2010 summer and the partial custody schedule of Defendant be suspended ending a determination of Father's whereabouts and residence, employment status, mean of support and demonstration of an ability to properly and safely care for the child while in his WHEREFORE, P aintiff respectfully requests that the Court enter an Order directing that: 1. M ther shall have primary physical custody for the remainder of the su er of 2010 pending further Order of Court; 4 i 2. Fat er's periods of partial custody as set forth in the Order of May 18, 200 ,are suspended pending further hearing and Order of Court and the is not to be removed by or on behalf of Father from Mother's custody or from the Commonwealth of Pennsylvania; 3. Fat er is to provide verification of the nature and location of a valid resi ence suitable for the safe and sufficient care of the minor child; the the Date: July :L4 , 2010 06308001-164529 ity of all persons with whom Father resides; and verification of pr's employment and other means of support sufficient to provide for hild's daily needs prior to resumption of any periods of partial ical custody set forth in the May 18, 2006 Order. Re tf lly sub ed, gy. Cam- ,~~,~, Stanley J. A. La ski, Esquire Attorney I.D. # 7422 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 slaskowski@cklegal.net Attorney for Plaintiff, Nancy E. Sersch 5 VERIFICATION I, NANCY E. SE~SCH, hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief and further state that false statements herein a~e made subject to the penalties of 18 Pa.C.S § 4904 relating to unsworn falsification to authorities. Dated: ~(- ~~~~, G NANCY E. SE CH - I' ~ 2nah ' ', RECEIVED MAl ~. NANCY E. SERSCH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 03-3174 CIVIL TERM CIVIL ACTION -LAW JOHN N. SERSCH, IN CUSTODY Defend'~nt i ~, ORDER AND NOW, this ~ day of May, 2006, upon consideration of the attached Custody Conciliation Sum ary Report, it is hereby ordered and directed as follows: 1. The parties, ohn N. Sersch and Nancy E. Sersch, shall have shared legal custody of the minor child, Jenna N. Sersch, born November 22, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affec ing the child's general well-being including, but not limited to, all decisions regarding her he Ith, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent sha I be entitled to all records and information pertaining to the child including, but not limited o, medical, dental, religious or school records, the residence address of the child and o the other parent. To the extent one parent has possession of any such records or infor ation, that parent shall be required to share the same, or copies thereof, with the other pa ent within such reasonable time as to make the records and information of reasonable se to the other parent. 2. Physical Cu tod Mother shall have primary physical custody subject to Father's rights of partial cu tody arranged as follows: A. Summ r. The second Saturday after school is out until one week before school starts. For 2006, Father's custodial period shall begin on June 17, 2006 and continue until August 19, 2006. 3. Trans ortation. The parties recognize that airline transportation will be necessary incident to effe t custodial exchanges. It shall be acceptable for the flights to be scheduled from BWI or H rrisburg International Airports. The parent receiving custody will escort the child on the flig t until the parties mutually agree that the child no longer needs parental escorts. The adults will pay for their tickets and '/2 of the child's airline ticket. Not less than one month prior o the trip, the parties will purchase the tickets for the trip. 4. Holidays. A. Christ as. In even numbered years, Mother will have custody for Christ as and in odd numbered years, Father will have custody for Christ as. The custodial period for Christmas shall commence on the NO. 03-3174 CIVIL TERM first da~r that school is dismissed and continue until the day before school Marts. B. Thank ivin Father will have custody for Thanksgiving in even numbe ed years. Mother will have custody for Thanksgiving in odd numbe ed years. If school is out fora week or more for the Thank giving holiday, Father's custodial period shall be from the Saturday before the week school is out until the day before school starts. The intent of this paragraph is to provide Father with a minimum of a seven-day Thanksgiving period of custody. In the event that there are additional costs to travel on the Monday after the Thanksgiving holiday) as compared to traveling on the Saturday after Thanksgiving and tWese costs exceed $50.00 per parent, Father will pay the additional difference. C. S rinBreak. Father may have custody of the child each spring break for a p riod of seven days which shall not require the child to miss more than o scheduled school days. School days missed for educational leave re contingent upon the child not having a problem with truancy or academic failure. 5. In the event tat Mother needs to be away from the child overnight during her custodial periods, Father's'family shall have the first right of refusal and be contacted before other alternate caregivers ~re offered the opportunity to baby-sit the child. BY THE OURT: Kevin .Hess, J. Dist: Barbara Sumple-Sullivan, esq., 549 Bridge Street, New Cumberland, PA 17070-1931 Stanley J. A. Laskowski, E~Sq., 3631 North Front Street, Harrisburg, PA 17110-1533 TAE ~~P'T ~R~lvl ~.EC~RC~ T~+i~r~y Wli°.ri.~~~, ~ Flf'r~ Ur~fO sei my hBYI*~ see) of s' ' urt lisle, P~. r' NANCY E. SERSCH, PLAINTIFF V. JOHN N. SERSCH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3174 CIVIL TERM ORDER OF COURT AND NOW, thi~ '~ day of August, 2007, following a hearing on the merits, the petition of John N. Sersch to modify a custody order of May 18, 2006, by granting him primary hysical custody of Jenna N. Sersch, born November 22, 1999, and moving her to Pe ria, Arizona, IS DENIED. l . - By the'Court, Edgar B. Bayley, J. Stanley J.A. Laskows~Ci, Esquire For Plaintiff Barbara Sumple-Sullijvan, Esquire For Defendant '' :sal r, 4 € ~~ ~~ ~# y t ~y~ry 64 ~:~ ,~ ~j ~'(3e rW r~ ~ ~i e ' ..~ ~ .... - _ NANCY E. SERSCH, PLAINTIFF V. JOHN N. SERSCH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3174 CIVIL TERM IN RE: CUSTODY OPINION IIV~SUPPORT OF ORDER OF AUGUST 2, 2007 Bayley, J., August 8, 2007:-- John N. Sersch, agej 35, and Nancy Sersch, age 41, are the parents of Jenna N. Sersch, age 7, born Noverr~ber 22, 1999. The father filed a petition to modify a custody order by granting him primary ph~rsical custody of Jenna and allowing him to move her to Arizona. The mother is opposed. Al,hearing was conducted on August 1, 2007. Because a new school year will be starting this mgnth, we resolved the dispute by entering an order on August 2 denying the father relief. This opinion is filed in support of that order. The parents were rrjarried in February, 2000, and divorced on December 29, 2003. They were living in Cumbelrland County when the father separated and moved to Harrisburg in June, 2001. He moved to jArizona in early 2002, where he worked in a signage business operated by his brother. They had a falling out and he moved to another signage company where he rnet Rhonda whim he married in 2005. They now live in a four bedroom home in Peoria, Arizona, which is bout a 45 minute drive northwest of Phoenix. He and Rhonda started Designs, Inc. in 20j03. She runs the office, and he handles sales for the company which has seventeen employees and manufactures and installs comrnerciai signage. The father was in the signage usiness in Pennsylvania before he moved to Arizona. He testified that after September 11, 001, business was slow at the company he worked for and that he • 03-3174 CIVIL TERM moved to Arizona to take a vantage of a better business climate.' The mother lived in damp Hill with Jenna until she moved into the three bedroom home in Enola of her boyfriend, Murk Shot, age 4G, in May, 2007. He is an operation supervisor for Ames True Temper where ff~e has worked since 1989. He is divorced and has two children, Natalie, age 13, and Adam, age 11. He has almost equal shared custody with their mother.2 The mother was previously married and divorced. She has a son, age 22, who lives in Philadelphia and a son, ag$ 20, who lives in central Pennsylvania. She has worked for Highmark, formally Pennsylvania Blue Shield, since February, 1996. In the latter part of 2006, Highmark announced that tlhe division the mother was working in was closing and that its employees would be laid off although they could apply for a job in one of the company's out- of-state facilities. The mother, however, applied for another position in the Camp Hill facility and was accepted in the Mjembership Administration Division.3 She now works 7:00 a.m, to 3:00 p.m. weekdays. She jcan report for work as late as 9:00 a.m. and then add the additional time to the end of her workday. Jenny attended kindergarten and first grade in the Camp Hill School District. (f she lives with the mother, she dill attend second grade in the East Pennsboro Township School ' The mother considered reconciling and moving with the father to Arizona. She went there twice to look for wor .There was no reconciliation. i `The Enola home has a fi fished basement where one child will sleep so that if Jenny lives with her mother she ill have her own bedroom. 3 The father testified that uring the period in which there was the possibility of work disruption the mother ask d him to take Jenna to Arizona. He did not because he wanted her to finish the s hoot year. The mother denies she suggested this to the father. -2- II 03-3174 CIVIL TERM District. The mother will to ;e her to daycare at the school between 7:00 to 7:15 each morning and then pick her up at the end of the school day. The father generally works from 8:00 a.m. until 4:30 p.m. but has flexibility since he is the owner of his business. If Jenna lives with him, she will attend school in P~oria from 8:00 a.m. to 3:00 p.m. The father and his wife do not plan to use daycare. When the father moved to Arizona in 2002, he did not return to Pennsylvania for a year and three months. He an~ the mother had an informal arrangement whereby he had Jenna for two weeks in each oft e summers of 2004 and 2005. Jenny attended his wedding in Arizona. When the father,now visits his family in Pennsylvania, he sees Jenny. In April, 2007, he twice went to her scho~l in Camp Hill. The custody order was entered on May 18, 2006, which both parties testifie has been working well. The father had Jenny in Arizona for most of the summer in 2006 an 2007. This summer she was in a summer camp on weekdays although the father took s me time off to do different things with her. The order also provides the father with temporary eriods of physical custody during certain holiday periods and provides for a sharing of t avel costs and coordination of travel arrangements. In November, 2000, Jenny was diagnosed by a local medical specialist with Attention Deficit Disorder and was ~ laced on medication. She had difficulty with focus especially in the morning and in school where she was in the first grade. She had a considerable number of tardies in the first and se and quarter but none in the third and fourth quarter after her condition was treated. T e mother maintained contact with her teachers every six to eight weeks. Jenny did adequately and will be in second grade this year. When she went to Arizona this summer, a rr{edical specialist there took her off the medication for the summer. -3- 03-3174 CIVIL TERM She will have a medical reE aluation no matter where she is living as to whether she should go back on the medication for the upcoming school year. Jenna is a nice, lovi g and caring little girl who is close to her mother and her father. She gets along with the father's wife and the mother's boyfriend and his two children. She has had considerable contact v~ith the mother's two sons and the mother's sister and her children, all of whom live in this are. She has had considerable contact with members of the father's extensive family that live ir~ this area. The father testified hat he does not believe the mother applies herself adequately to Jenna and tat he can provide a more structured environment which he feels she needs. While th~ mother acknowledges that she used babysitters more often than she should have, tho e difficulties ended when she moved into the home of Mark Shot this May.4 The motf~er maintains that she has always been the primary caretaker of Jenna, that Jenna has cone well under her care, and that Jenna should not be removed from her primary physical. custody. The ultimate deterrpination in a custody case is what is in the best interest of the children. Ferdinand v. Ferdinand, 763 A.2d 820 (Pa. Super. 2000). When a parent seeks to move a child out of Pennsylvania, an analysis must be made of the factors set forth in Gruber v. Gruber, 400 Pa. Super. 174 (1990), which are: 1. the p tential advantages of the proposed move and the likelihood that t e move would substantially improve the quality of life for the custodial parent and the children and is not the result of a mom ntary whim on the part of the custodial parent; 4 Much of that babysitting was provided by the father's sister who the mother maintained a good relatio ship with. -4- 03-3174 CIVIL TERM 2 3 the int~grity of the motives of both the custodial and non-custodial parent in either seeking the move or seeking to prevent it; the av ilability of realistic, substitute visitation arrangements which will ad quately foster an ongoing relationship between the child and th non-custodial parent. In Beers v. Beers, 710 A.~d 1206 (Pa. Super. 1998), the Superior Court of Pennsylvania stated that it has consistently held that Gruber "refines upon, but does not alter the basic and determinative inquiry as to the direction in which the best interests of the child lie." This case is somew~at unique because the father moved to Arizona over five years ago. It suited him to furth~r pursue his career there to the extent he did not even return to Pennsylvania for the first year and a quarter. While it appears that he has done well, it is problematic as to whether he could have done as well in Pennsylvania. Now that he has established a stable home, and work environment, he seeks to have Jenna live with him. While his motive to change custody may be genuine, the mother's motive in seeking to prevent Jenny's move to /~,rizona is also genuine. Jenna has done well with the mother who is on top of the ADD situatio~ . The custody agreement has worked well. Jenny is now spending a significant amount of ti e with the father in Arizona, which she will continue to do if she lives with her mother. None of Ithe issues raised by the father are significant enough to now remove Jenny from her primary pi~ysical custodian. We find that it is in the best interest of Jenny to live with her mother. Accordingly, the order of August 2, 2007, was entered denying the petition of the father to m~dify the custody order of May 18, 2006, by granting him primary physical custody of Jenna and moving her to Peoria, Arizona. -5- 03-3174 CIVIL TERM ~~ (Date) Edgar B. Bayley, J. Stanley J.A. Laskowski, Esquire For Plaintiff ', Barbara Sumple-Sullivan, esquire For Defendant sal Te imany wher~i, h unte set my fianL -~- ••:i of C t Ca~rilsl~t~ jai v , JUN/22/2010/TUE X5:28 AM SUPI~VISORS OFFICE FAX No, 717 960 7895 'P,007~ Yttl~lon .r or rroiecnv>«. x'rut>;i uusG xv~. ~ -o- - -- ~ TAE COUl~.T OF COM1v101~T PLEAS OF pETIT'ZON )~'OR PRO ~CTTON CUM33E~.tI'ANl7 COUNTY, PENNSYLV,P,N'TA ~R.OM ABU E NO. ~-3$2~ I.1'I,AINTIFF Nanc 1'J. Scrsch An uat 31 ~9b5 First lvllddle Last Suffix Plaintiff DOB Plaintiff's Address: Plaintiffs address is confidential r ~ Plaintiffs address is: 2L95 Valley ltd. ,Enola, PA X7b25 V. , 2.dEFENDANT ,;Tohn N Sersch ~;,n+ Midd a Last Suffix Defendant's Address: 6731 N. L29th x.n. Oiendale, A2: CAUTION: Weapon Involved © Weapon Fresent on the Property ~', Weapon Requested Relinquished' Defendant's place of employment is: ~'"! Check bore if you have reason to ~-+ manufachrrcr; is employed as aH condition of employment. 17EBEN1)A.NT IDENT1FIEli5 DOB 8/Z6/1971 I~It1F1T ~ ft L.0 SEX Malc WEIGPI,T 225 RACE Wirite EYES frown ItAIR Srovvn 5SN DItIVBRS J..}CENSE F~ DATE STATE ;ve that Defendant is a licensed fuBarmq dealer, is employed by a licensed firearms dealer or researcher or technician in the firearms or hunting industry oz is required to carry a firearm as a 3. I am filing tfiis Petition on behalf o ~X Myself and/or ®Anothet Person If you checked "myself', please answ a[i questions referring to yourself as "Plaintiff'. If you ONLY checked "another person", please answer all questions ref®rring to th¢i person as th "Plaintiff', and provide your name and address hc-t, as filer, unless confidential. Filer's Name: First Middle Last Suffix Filer's address is confidential qr ~Fllcr's address is: If you checked "Another Person", ind~cate your relationship with Plaintiff: ~]X parent of miner Pl¢intiff(s) ~' applicant for appointment as uardi[ut ¢d iitent of mince Plaintiff(s) adult household member wi minor I'laintitl(s) court appointed guardian of 't competent P[¢intifF(s} 4. Name(s) of ALL person(s), inclu ing nninar children, whe seek protection from abuse. Nancy E. 5ersch derma Nic4vie Serseh https://www.pfad.state.p~.us/PFADLive/petition.asp?P~titionl~7~ 171163&clndlv,[ove=View, ,. 6/9/201.0 JUN/22/2010/TUE 05;28 AM SUP RVISOI~S OFFICE FAX No, 717 960 7895 ~~ .['GId LSVSS 1'l1! 1 SV4VV4LVi1 L 1Vi11 •.v usrv a.v. S. The relatiozzship between laintiff arad Defendant is; [~C] spouse ax former sp use of Defendant [X] parent of a clxild wi Defendant [ ]current ar £ormer se ual or int~mste partner with Defendant [ ]child of Plaintiff [ ]child of Defendant [ ]family zXiember rela ed by blood (cax~sanguinity) to Defendant [ ]family member rel ed by x~xarriage or si.l~ity to Defendant [ ] sibiiz~g (person wh shares pare~.thood) of Defendant Defendant is an adult. 6. Plaintiff and Defendant h ve been involved in the following caurt actions: Divorce Support Ct~sto y 4t}xer details of the caurt ac 'axe are: ' P, 008` Divorce - Cumbex'la~d County (2003) Custody - Cumberland County (2003,2006) Support -Cumbers zed County (2002) 7. Plaintiff and Defendant ~.t'e the parents of the followiz~.g minor children: a. Jenne Nichot~ Sersch A,ge:10 Child's address its; S. There is an existing court order regarding the oustady of 1'lairztz£#'s anal Defexzdant's minor children The terms of the order area Plaiintiff has p><•imary physical custody, Defendant has partial custody 3 months of the year. County: Cumberla:ad Co~nty State: Pennsylvania i 9. The facts of the most re~ceizt incident of abuse are as follows: On about Monday, June ~7', 2010 location; Phone ~'he nefeudant acted iu. menacing manner whew he called fast Penn Tow;ashiQ police to make threats of kidaaapping t e parties' m-iauor child (Jentta). The offXCer who took the call informed the Plaintiff of a potential daapping situ~tio>u. The Defendant's course of conduct has resulted in the Plaintiff"s reasonable fe r fox' the safety of her minor child. 10. Prior incidents of ab~ e that Defendant has coxxixnitted against Plaintiff or the minor child/ren, (i.ncluding any threats, in cries, or incidents of stalking) are as follows: Yn or around 2001, the ~efendamt acted in a bu.enacing mati>lier when he slammed the Plaintiff https;//+~vtivw.pfad.State.p~..us/PFADLive/petiti.4n.asp?PetitionID=171 i. h3 &cmdMove=View... 6/9/2010 JUN/22/2010/TUE 05:28 AM SUPI~BVISOI~S OFFICE FAX No, 717 960 7895 P, 009 rG61LiV111'VI .I ~VI.G1r Llvli 1't VAlA .r-ivuuv acv. - ••c. - against a sIicling glass doer I The Plaintif£ gilled XIampden Township PA to report the i~acident. The Defeudat~ti's course of ~onduct has resulted in the Plaintiff s reasonable fear for her sat'ety. Tluring the course of the p roes' relatxanship, the defendant has abased the Plaintiiff In ways, includi~-g but not limited t ;threatening to kidnap the parties' minor clxild, slamming tlxe Plaintiff, threatening suici e, and being verbally anti emotionally abusive. Y 1. (a) Has Defendant used c~r threatened to use any fireaxztas or other weapons against Plaintiff or the minor child/ren? Nty (b) Other thaxt the firearms, tltex weapons or amxxtunition Defendant used or threatened to use against Petitioner or the zfa.itnor chit ren, does Defendant, to the best of your knowledge or belief, own or possess any additional fare ,other weapon, ammunition. or any firearrxi. license? NO (c) If the answex to (b) ab~ by ox in. the possession of into this petition. (d) Plaintiff HUES NOT or ammunition listed on A 1z. The sheriff, police d protection order are: East >i'ennsboro Town<, Carlisle Sgrracks PSP 1~. There is an imzztediate 14. ;~`OR TAE k TEMI'ORARX FoL~owzNC: a. Restrain I the minor is "Xes", list any additional firearzzt, other weapon ox artarnunition owned ~endaxzt on Attachment .A, to Petition, which is incorporated by reference PD that the court order Defendant to relinquish fixeaxms, other weapons st A to Petition. ox law enforcement agency that should be provided with a copy of the preseztt danger of fuxtltex abuse from Defendant. SE')<' FORTI:i ABOVE, Y REQiTEST T1tTAT TIDE CUURT ENTER A and A,k'TER T~EART.NG, A FINAE QRDER TI~1,T WOULD DO TR.E from abusiz-.g, threatening, harassing, or stalking Plaintiffand/or in any place where Plaintiff'and/or the child/xen may be found. b, Prohibit Defe daxit from having any contact with Plaintiff and/or fife minor child/next, either in pers n, by telephone, or in 'writing, persoxxally or through third parsons, iz~.cluding but not liztxited to any coxxtact at Plaintiff s school, business, ox place of employment, except as the court may find necessary with respect to partial custody and/ox visitat on with the minor child/ren. c. Grant such. o~her relief as Plaintiff requests and/or the court deems appropriate. d, Qrder the po ice, sheriff or other law enforcerneut agency to serve Defendant with. a copy of this etitioxi, any order issued, and the order for hearing. Flaizatiff will infoilx~ the designa,t d authority ~of any addresses, other than the Defendant's residence, where llttps://www.pfad,state.p~..us/PFAI7Livc/petition.asp?Peti#ionITa=171163&cmdMova-Viow.., h/9/2010 JUN/22/201/TUE X5:28 AM SUPERVISORS OFFICE FAX No, 717 960 7895 rGL1tIV11 A'V} 1 1VLVVl1VA} } ivu 11VNVV r •~+• .~ Defendant can a selwed. V~~IFYCATI~N I verify that I the petitioner as designated in the present action and that the facts and s aternents contained in the above petition are true and correct to the best o~ y knowledge. T understand that any false statements are made subject to the enalties of l.$ Pa. C.S.A, §4904, relating to unswoxx~. falsification t authorities Signatur Date PPAD riumber: ` P, O10 Prepared by: Daniel Agency: D~1S/CP ]xttps://www.pfad.state.p~a.uslPk'1-~DLiva/petition.asp?PetitionID=].71163&cmdMovE=View.,. b/9!2010 1UN/22/2010/TUE 05;27 AM SU: 1v once ox ~ eating Nancy E. Sersch, and 1 p- of Jenaa ],Vichole Sergi `i~~~~ Plaintiff v. John N Sersch 17efendant No~ YOU HAVE BEEN S the following papers, the case may proceed the relief requested in prohibited from posse and lose other importf granted by a court zx~a Relations) of the Pent under Chapter 53 (rel. A hearing on the Courthouse Square,,CarU.sle, ~'A . Courtroom ~ at~ Cumberland Corxntiy Courthouse, One Zf an order of protectt n has been entered, you MUST obey the order until it is modified or terzniz~ated by the co after notice and hearing. If you disobey this order, the police or sheriff may arrest yo .Violation of this order may subject you to a charge of'indirect crizxzinal contempt w eh is puru.shable by a fine of up to $1,000 and/or up to sip xxYOnths in jail under 23 Pa C.S, , §6114. Violation znay also subject you to prosecution and criminal penalties under the P sylv'a;a.ia Crimes Code, Under federal law, J,8. U.S.C. §2265, this order is ez~orceable ywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of P erto Rico. If you travel outside of the state and intentionally violate this order, you nay be su ject to federal criminal proceedings under the Violence Against Women Act. l.8 U.S. . §§2261-2262. zf this order directs y u to relinquish any firearm, other weapon, ammunition. ox any firearrx~. license to the sheriff, ou may do so upon. service of this order. ,A.s an alternative, you may relinquish any fire ,other weapon, or axrrmunition listed herein to a third party provided you and t}ae third p first comply with all requirements to obtain a safekeeping permit, 23 Pa.C.S.A. §610$.3. ou must reliz~.quish any firearm., other weapon, aznn~unition or any https;//www.pfad.state,pa. s/PFAD~,ive/noticeofhearing.asp7NoHID=177899&czzadMove=... 6/9/2010 ISO>~S OFFICE FAX No, 717 960 7895 P, 002 cy E. Sersch ozt behalf : IN THE Ct7URT OF COIv,[M(~N :PLEAS OF _ : CUM$ERLAND COUNTY, PENNSYLVANIA Na. 1b-38~ ~~„~~ CAL ~1.CTION ~ LAW PRO'Z'ECTION FROM ABUSE ~E o~ a~E.~uv~ A.r~rn a~~~. EI7 IN COURT. If you wish to defend against tlxe claim set forth itn >u must appear at the hearitzg scheduled herein. If you fail to do so, ;ainst you and a FINAL order may be etxtered against you granting ~e petition. In particular, you maybe evicted from your residence, be ;ing any firearm, other weapon, ammunition, or any firearm license, t rights, including custody of your children. Any protection order be considered in subsequent proceedings under Title 23 (Domestic ylvania Consolidated Statutes, including child custody proceedings upg to custody). is scheduled fox the ~ ~~ ~d/D at - JUN/22/2010/TUE 05.27 AM SUPI~PVIS~JRS OFFICE FAX No. 717 960 7895 ~ P, 003 iVOt~Ge or riearzn~; ~ _ wo_ _ .... i"zrearm license listed theix current location, within the time for re) firearms, other weapo service of the order. F any firearm license sh conviction under the i NOTICE: Even if this federal fireartxas trrohi' 'i''OU SHOULD TAK TIC RIGHT TO FIA COURT WILL NOT NOT 1~TA'VE A L,AW THE OFFICE SET k 'L,EGAI.~ IiET.,P. IF 3T~ PROCEED WITH01 the order no later than 24 hovers after service of the order. Yf, due to ~earzYas, other weapons or ammunition cannot reasonably be retrieved ~uisk~zxxent, you must provzde an affidavit to the sheriff listing the ar amrnurzition and their current Iocakion na later titan 24 hours afCer lure to timely relinquish any fZrearm, other weapon, ammunition or f result in a violation. of this order and may result in criminal iform Fixearms Act, 18 Pa. C.S.A. §6145. does not direct you to relinquish firearms, you may be subject to and federal criminal penalties under 18 U.S.C. §922(8)(8). 'PHIS P.A.I'ER 'Y`O YOUR LAWYER AT ONCTi.. YOYJ HAVE TE A r,AWYER REPRESENT'Y'OU A,T TYKE HEARING. THE 1QOWE,V'ER, APPOINT A LAWYER FOR YOU. IF XOU DO 'ER OR CANNOT AFFCIRD ONE, GO TO OR TELEPHONE )>EiTH BELOW '~`U F~iD O~CTT WHERE YOU C,AN GET IU CANNOT F)tND A I,A.WYER, YOU MAT' HAVE 7'O T O1~E. County Lawyer T.Ze~erral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 1 ?Ol~ 3 717-249-3166 Distribution Legal Services ~~ Transmitted to P~P DVS/CP j http s .//vvww.pfad,state.pa.hzslk'k'AI3Live/noticeofhearin.g.asp`?N'o~IID= J. 77 $99&cmdMove=... 6/9/2010 jUN/22/2010/TUE (15.27 AM SUP~VISOAS OFFICE FAY, No. 717 9G0 7$95 P. 004 Temporary .rrotec>:lon rro~ DuliG Vi'tsGt' 1.VtJ: ~ ..b... ,._ TEMFORAR'Y PRQ EC'I'TON II~T T'HE COU~.T OF CaIvZMON' PLEAS OF F1tQM ASC.ISE O ER CUIVI:BERLAND CUUNT`.~, PENNS"YLVA~ZA Amended Order Q C ntinued Order NO. ~n - ~g Z~ 1. Fizst Name(s) of AIi protected ~e Nanev E. le Last Suffix PlaintiffDl7B including minor children and DOB. h ,A,ugust 31, 1965 Jenne Nlchale Sersch November 22,__1999 v. Sohn Sersch 1~ irsE 'ddle Last Defendant's Address: 6731 N. 129th Ln. Glendale AZ 85307 CAU'Z'I;ON: Weapon Involved Weapon Present on the Pr et'ty Weapon Qrdered Rtlinqui had Tltc Court Hereby 1Finds: Tha reasonable notice and oppomuti The Court Hereby Orders: © Defendant shall not abuse ® shall not contact Plaintiff, including through third pc Additional findings of thi: Order Effective Taate Suffix DEFENAAN7f ID ENTIFIE7(tS DG8 8/Z6/197I HEICrHI' XO n. SFX 141ate WE);GHT 225 RACE White E?'YES Brown HAIR Brown S5N UiR.J VERS LICENSI; ~ EXPIlATE STATE it has jurisdiction over the parties and subject matter, and tkle Defendant will be provided with y to be heard. harass, stalk or thrtattn sny of the about persons in any place where they might be found. ,Defendant ~r any other person protected under this order, by telepk'<one or by any Other means, ozder are set forth below. Order Expiration Date NOT)[CE 't'b THE ii,1EFENDANT 17et8ndant ie hereby notii4ed that violati n of this order may result in arrbsk for indimct criminal nonfsmpt, which is punishabl a by a fine of up to 51,OD0 and/or up to six months in jail. 23 Pa.C.&.A, 6 6114. onsent of Plaintiff to Dependent's rchml to tba residence shall not invalidate this order, which can only be oh~nged or modified through the 6ting oPapproprie a court papers for that purpose. 23 Pa.C.S.A. ~ 6148 (Y). T4 pefandant is regalred to relinquish any firearms, other weapons or ammunition or any firearm license, thus Items must Ire relinquished to the sheriff within 24 hours of the service of thin order. As en altexrrativa, Defendant may relfnquislt any fueerm, other weapon ar muni6ion listed herein to a third party provided De&ndant and the third part' first comply with ell tetp~iraman[s to obtain a safekeeping permjt. It', due to their nun crt location, firearms, ether weapons or ammunition cannot reasonably be retrieved within the time fbr relinquishmcnl, DeFcndant shalt provide an affidavit to a ahcriff listing the Frearms, other weapons or ammunition anfl their current looation no later than 24 hours after the service of this order. Defendant is further notified at violation of this order may subject himlher to slate charges and penalties under the Pennsylvania Crimea Codc and to federal charges and penalties under the iolence Against Wottren Act, 18 U.3.C. $ ¢ 2261-2262. hops://www.p~ad.state.pa~us/PFADLI~re/tempordex, asp?Temper. del-ID=319907&cmdMove... 6/9/201 U ' JUN/22/2010/TOE 05:27 AM SUP PVISOI~S OFFICE FAX No. 717 960 7895 P, 005 1 emporaxy rrotecuon xzvru vu~c vx~uGi ~~.,. „ ..4~ ~ .._ .. I AND NOW', on 9th Dray f Jane, 2010 upon consideration of the attached T'etitian far Protection from Abuse, the court her by enters the following 'T'emporary Oxder: 1.. Defendant shall not a se, harass, stalls or threaten atty of the above persons in axxy place ~vvhere they ruight be f und. 2. Defendant is prohibit from having ANY CON')1'ACT with Plaintiff, or any other person protected under this o dex either directly or indirectly, at any location, including but not limited to atzy contact at Plaintiffs or other protected party's school, business, or place of employment, 3. Defendant shall not oc~zztact Plaintiff, or any other person protected under this order, by telephone or by any o er ~.eans, including through thixd persons. 4. A certified copy of tl~s order sha11 be provided to the sheriff or police depazt~nc'ient where Plaintiff resides and y other agency specified hereafter: East Pennsboro To~ship PD Carlisle Barracks P P .5. The sheriff, police or othex law anforcexnent agencies axe directed to serve Defendant with a copy of the petition, y order issued, and the order for hearing. Petitioner will inform the designated authority f any addresses, other short Defendant's xesidence, where I7efendartt can be served, 6. THIS ORDER SY7P RSEDES ANY PRIOR P'ROTECT'rON 1+`RO]VI ABUSE ORDER OBTAYN'ED I3Y T SAME PLAI)tiITIk'F AGAINS'P THE SAME DEIi'E1YDAlYT. 7. THIS ORDER APP IES IMMrDIATELY TO DE1?ENDANT AND SHALL REMAIN 1N EFFECT UNTIL 4, 2013 QR UNTIL OTHER"UVISE MODIFIED UR TERMINATED BY THIS COURT TER NOTICE AND HEARITdCr. TvO~r><CE ~xo TOTE DEk'ENDANT Defendant is hereby not cozatempt, which is punt Pa.C.S.A. § 6114, Cons this ordex, which can or for that purpose. 23 T'a.~ other weapons or amxnt sheriff withizt 24 hours any fireazxxi,, other weaF third parry fzxst comply clu~rent location, firearn tune for relinquishment other weapons ox auuni this order. Defendant is charges and penalties u Linder the Violence Aye €zed that violation of this order xnay result in axrest for indirect criminal liable by a fine of up to $1,400 and/or up to six. months in jail. 23 nt of Plaintiff to Defendant's return. to the residence shall not invalidate y be changed or modifzed through tike filing of appropriate court papers .S.A. § 6h 08 (g). If Defendant is required to relixxquish any firearms, Litton or any firearm license, those itettts must be xelinquished to the f the service of this ordex. As an alternative, Defendant may relinquish ~n or ammunition listed hexein to a third party provided Defendant azzd the vitk~ all requiren~:ents to obtaixz a safekeepizxg permit. If, due to their ;, other weapons or ammunition cannot reasonably be retrieved within the Defendant shall pxovide an affidavit to the sheriff listing the firearms, sition and their curr. ent location no later than 24 hours after the service of :urther notified that violation of this order may subject him/her to state der the Penn_.sylvania Cxizxles Code aaxd to federal Charges and penalties ost Women .A,ct, 18 'f_T.S.C. § § 226 h-2262. hops://wwcv•pfad.state,pa.{zs/I'FADLive/temporder.asp?TempOrderlD~3 19907&cmdMove, ,. 6/9/2010 JUN/22/2010/TUE 05:27 AM SUPI~h1rISORS OFFICE FAX No, 717 960 7895 ,. ~,erupuraty rrc~ec~~x~xx.c~uu~ vu~G VLUGA .cvv. P, 006 1 M4C,v J vI• NOTICE TQ S OFF, POIaICE A.ND EAW ENF4R.CEI~NT OFFZCYAT.,S This order shall be enfor d by the police depaxbaxent or sheriff who has jurisdiction over Plaintiff's residence OR. y location where a violation of this order occurs OR where Defe~.dant may be located. T.f Defen ant violates Paragraphs 1 thxougb, 3 of this order, Defendant shall be atx'ested on the charge oi•' redirect criminal cozxtempt. An arrest fox ~vialation of this order may be made without warrant, b sed solely on probable cause, whether or not the violation is cozxumitted in the presence of a polic officer or sheriff. Subsetluent to an arz~est, weapot7s and amrnunitio~ during the violation of tl~ firearms in Defendant's l license must be deliverer sb.a11 maintain possessioi this court, unless the weF law enforcement agency Ere law enforaezx~ezxt officer or sheriff shall seize all firearms, other . in Defendant's possession which were used or threatened to be used r protection order or daring prior incidents of abuse and any atb.er ossession..Any firearm, other ~nreapon, ammunition. or any firearm. to the sheri~Fs office of the country which issued this order, which office of the firearms, other weapons and atxlxxxunition until furtb.er order of pons are evidence of a. crime, in which case, they shall remaixx 'with the whose officer or sheriff zxxade the arrest. BY THE CST: Judge ~s•fD •,/~ Distribution to: Legal Sezvices Transmitted to F D'V'S/CP P Date T;~~~•'~Y::F~~~Ut ~EtC~~? RD In Te~hiariywhe[e~if, ~t•here unto het my hand and ttSe'~bai oP~SBid'~oaR ~t ;Caril~'lt~, ~~. 7hia~cleytot ~.~u'tio~ ,20•;~_ rothonotary ~~ hops: //www.pfad.state.p~.us/I'FADLive/terxiparder.asp?Te~a7pOrderTD=319907&emdMove... 6/9/2010 xa -nrF __,nt ~,oa-~,~csm eoi~ aecvu ~ Y ~ A NANCY E. SERSCH, Plai tiff v JOHN N. SERSCH, Defer dart PACSES NO. 532102984 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORTS 57 SUPPORT 2001 IN RE: CONTEMPT ORDER OF COURT And now, this 9th day of July, 2010, the Defendant, John N. Sersch, now appearing in court with the Public Defender, Timot y L. Clawges, Esquire, on a Petition for Contempt, and h ving admitted that he is in contempt of the existing Order f Court, the Court finds that the Defendant has intentionally, oluntarily, and willfully failed to comply with the terms of th order herein, and he is consequently adjudicated in contempt. Pursuant to an agreement reached between Plaintiff's cou sel in the person of Derek R. Clepper, Esquire, and Defendant a d his counsel, Timothy L. Clawges, Esquire, the sentence of the Court is that the Defendant undergo a period of probation of 12 months, conditioned upon his making a lump sum payment immedia ely in the amount of $2,500 on the order, upon his making the ayments required under the order in full on a timely basis he eafter, and upon his doing nothing to cause himself to lose his present reported employment with Yesco, an entity in Arizo a. The aforesaid figure of $2,500, pursuant to further agreeme t, will be taken from the security deposit in that amount in his case. ~ ~ r Derel{ R. Clepper, Esquire Counsel for DRO' Timothy L. Clawg~es, Esquire Assistant Publi Defender %" ~ I /RO ', mae By the Court, .. • CERTIFICATE OF SERVICE AND NOW, this 20`~' day of July, 2010, I hereby certify that I have served a copy of the within document on the foll{~wing by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvanian postage prepaid, addressed to: John N. Sersch 6731 North 129t" Lane Glendale, AZ 85307 C DWEL & KEARNS By: _ ~~ o~ ~~ JUL ~ 2 0 2010 NANCY E. SERSCH, IN THE COURT' OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. N0. 03-3174 CIVIL TERM JOHN N. SERSCH, CIVIL ACTION -LAW Defendant. CUSTODY ORDER OF COURT . a cus o y or a emam er o e Father's periods of partial custody as set forth in the Order of May 18, 2006, are suspended pending further hearing and Order of Court end the child is not to be removed by or on behalf of Father from Mother's ~ ,~~,Q physical custody or from the C mmonwealth of Penns~ly ia; ~~- `"" ~ ` AND NOW THIS, y70~day of 2010, upon consideration of Plaintiffs Emergency Petition for Special Relief, it is hereby ORDERED and DECREED that: ~ -~, ~~ n ~~ ` `°~ ;._ c.~.- cV ~ .,.~ .; ~~ T~~ ~,. __~ Lt_ _~ .... O C'v ,_? r s ,_ , :^ ,_~ =.>' :~;; C.L k~ U 'de J. l ;© ~ •g,s (~ i'h~ t (~C~ ~~ I ~. /~S~s~ J . ~~~~-- 7 Zr ~tv M 3 Q~ , NANCY E. SERSCH, Plaintiff, v. JOHN N. SERSCH, Defendant. JUL ~2 0 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3174 CIVIL TERM CIVIL ACTION -LAW CUSTODY ORDER OF COURT AND NOW THIS, p7D~day of 2010, upon consideration of Plaintiffs Emergency Petition for Special Relief, it is hereby ORDERED and DECREED that: ica cus o y or a remain er o e ~ Father's periods of partial custody as set forth in the Order of May 18, 2006, are suspended pending further hearing and Order of Court and the 3 child is not to be removed by or on behalf of Father from Mother's physical custody or from the Commonwealth of Penns~ly ia; ~`" c~ ~ lid , b3-31?y David Buell, Prothonotary ' Cumberland County Courthouse One Courthouse Square '! , Car ~sle, PA 17013-3387 _.~-,~ ~~ ~ - r, T ~ ;... t.! Zot o Jul, ~(~ ~m~ Io : ~33 nR~ •,,~ ,. ~: , [Ls~ ~_ _, ~ v ~ ~_ , i John N. Sersch 6731 .North 17.9th Lane Glendale, A ~ A~an~ r i?6 NFE 1 8101 00 O?~:eZ^.a1: RETURN TG SENDER SERSCH Mr34~ED LEFT NO ADDRESS UNABLE Td FORWARD RETURN TO SENDER 6C: i?0133323951 °~gii9-C'64®9-22-+~ ?_-~!!l,,,!!ll ~„~~ill,tl,,,,ll,,,f11„!, l,1!!1l,I,~l,lr,l,1,,! y~PtES Posr~ ~ ~~a Z ~ PITNEY BI ~ @@ 02 1P .p ~~0.~ 0004191290 MAILED FROM ZIP CODE 1 i