Loading...
HomeMy WebLinkAbout03-3232IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MATTHEW A. LAYSER VS. NO. 03 - 323 ?iuil??''\ CANDACE E. LAYSER 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 Lancaster County Courthouse, 50 North Duke Street, Second Floor, Lancaster, Pennsylvania 17602. 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. Court Administrator 4" Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 REID N ACH & HENDE/R?SONI I r, L Herbert P. Henderson, II Attorney for Plaintiff 36 East King Street Lancaster, PA 17602 (717) 295-9159 Attorney I.D. No.: 56304 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL"ANIA CIVIL ACTION - LAW MATTHEW A. LAYSER VS. NO. 03 - 323 ?iui??£it CANDACE E. LAYSER COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Matthew A. Layser, by and through his attorneys, REIDENBACH & HENDERSON, and makes the following Complaint in Divorce and in support thereof represents the following: COUNT NO. 1 - COMPLAINT UNDER SECTION 3301 (c or d) OF THE DOMESTIC RELATIONS CODE 1. Plaintiff is Matthew A. Layser, who currently resides at 3804 Rosemont Avenue, Camp Hill, Pennsylvania, 17011. 2. Defendant is Candace E. Layser, who currently resides at 2066 Sheaffer Road, Elizabethtown, Pennsylvania, 17022. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 23, 2001, in Shermansdale, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. COUNT NO. 2 - INDIGNITITES COHPT-%INT UNDER SECTION 3301(a)(6) OF THE D06M-STIC RELATIONS CODE Paragraphs 1 through 7 of Plaintiff's Complaint are incorporated herein by reference as though set forth in full. 8. The Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render the Plaintiff's condition intolerable and life burdensome. 9. This action is not commenced nor carried on by collusion between the Plaintiff and the Defendant. WHEREFORE, Plaintiff prays for a divorce from the bonds of matrimony existing between the Plaintiff and the Defendant. COUNT NO. 3 - CUSTODY/PARTIAL, CUSTODYNISITATION Paragraphs 1 through 9 of Plaintiff's Complaint are incorporated herein by reference, as though set forth in full. 10. The Plaintiff seeks primary physical and shared legal custody of the following child: Sebastian Matthew Layser, age one (1) year, born October 30, 2001. 11. The child was not born out of wedlock. 12. The child is presently in the custody of Plaintiff who resides at 3804 Rosemont Avenue, Camp Hill, Pennsylvania 17011. 13. Since his birth, the child has resided with the following persons and at the following addresses; (a) From October 30, 2001, until July, 2002, at 226 Rambo Hill Road, Shermansdale, Pennsylvania 17090, with Plaintiff, Defendant, and the child's paternal grandparents, Pat and Judy Layser. (b) From July, 2002, until July 2, 2003, at 509 Bedford Court, Mechanicsburg, Pennsylvania, 17050, with Plaintiff and Defendant. (c) From July 2, 2003, until the present, at 3804 Rosemont Avenue, Camp Hill, Pennsylvania 17011, with Plaintiff, the child's aunt, Julie Justice, and the child's cousins, Josh McNaughton, Meri McNaughton, and Samantha Thrap. 14. The mother of the child is Defendant currently residing at 2066 Sheaffer Road, Elizabethtown, Pennsylvania, 17022. She is married, but separated. 15. The father of the child is Plaintiff currently residing at 3804 Rosemont Avenue, Camp Hill, Pennsylvania, 17011. He is married, but separated. 16. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the Plaintiff's sister, Julie Justice, and the Plaintiff's nieces and nephew, Josh McNaughton, Meri McNaughton, and Samantha Thrap. 17. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with the Defendant's aunt, Tamma Brosey, the Defendant's nieces and nephew, Sylvia L. Brosey, Kelly I. Brosey, and Lance L. Brosey. 18. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 19. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 20. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 21. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The Defendant allows the child to play with dangerous kitchen utensils risking serious bodily injury or harm. (b) The Defendant has a violent temper which has resulted in Defendant's perpetrating physical contact with Plaintiff in full view of the child. (c) The Defendant does not properly supervise the child while the child is in her custody. (d) The Defendant's current living arrangement is not conducive to the child's best interest and permanent welfare. (e) Plaintiff has the facilities to provide for the care, comfort, and needs of the child, as well as the genuine desire and ability to do so while he is in his custody. (f) Provided Defendant changes her present living arrangement and attends anger management counseling, Plaintiff believes that the child will benefit from an ongoing relationship with both of his natural parents pursuant to a schedule of primary and partial physical custody. 22. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the Plaintiff respectfully requests your Honorable Court to grant primary physical and shared legal custody of the child to him. COUNT NO. 4 - EOUITART.x DISTRIBUTION 23. Paragraphs 1 through 22 of Plaintiff's Complaint are incorporated herein by reference as though set forth in full. 24. Plaintiff and Defendant have legally and benefically acquired property, both real and personal, during their marriage from June 23, 2001, until the present time. 25. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to determine marital property and to order an equitable distribution thereof. REIDE AA H ENDEnRSONJ r By: °) / `? ? Iw Herbert P. Henderson, II Attorney for Plaintiff 36 East King Street Lancaster, PA 17602 (717) 295-9159 Attorney I.D. No.: 56304 Verification I have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to the unsworn falsification to authorities. Dated: 1(6I6 3 1.. b N 00 6.r Q C ? c C ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MATTHEW A. LAYSER Plaintiff ?7 No. U3 - 3? 31- l?io Vs. CANDACE E. LAYSER Defendant CUSTODY COMPLAINT 1. The Plaintiff, Matthew A. Layser, is an adult individual, residing at 3804 Rosemont Avenue, Camp Hill, Pennsylvania, 17011. 2. The Defendant, Candace E. Layser, is an adult individual, residing at 2066 Sheaffer Road, Elizabethtown, Pennsylvania, 17022. 3. The Plaintiff seeks primary physical and shared legal custody of the following child: Sebastian Matthew Layser, born October 30, 2001, age one (1) year. 4. The child was not born out of wedlock. 5. The child is presently in the custody of Plaintiff who resides at 3804 Rosemont Avenue, Camp Hill, Pennsylvania, 17011. 6. Since his birth, the child has resided with the following persons and at the following addresses: (a) From October 30, 2001, until July 2002, at 226 Rambo Hill Road, Shermansdale, Pennsylvania, 17090, with Plaintiff, Defendant, and the child's paternal grandparents, Pat and Judy Layser. (b) From July 2002, until July 2, 2003, at 509 Bedford Court, Mechanicsburg, Pennsylvania, 17050, with Plaintiff and Defendant. (c) From July 2, 2003, until the present, with Plaintiff, the child's aunt, Julie Justice, and the child's cousins, Josh McNaughton, Meri McNaughton, and Samantha Thrap. 7. The mother of the child is Defendant currently residing at 2066 Sheaffer Road, Elizabethtown, Pennsylvania, 17022. She is married, but separated. 8. The father of the child is Plaintiff currently residing at 3804 Rosemont Avenue, Camp Hill, Pennsylvania, 17011. He is married, but separated. 9. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the Plaintiff's sister, Julie Justice, and the Plaintiff's nieces and nephew, Josh McNaughton, Meri McNaughton, and Samantha Thrap. 10. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with the Defendant's aunt, Tamma Brosey, the Defendant's nieces and nephew, Sylvia L. Brosey, Kelly I. Brosey, and Lance L. Brosey. 11. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The Defendant allows the child to play with dangerous kitchen utensils risking serious bodily injury or harm. (b) The Defendant has a violent temper which has resulted in Defendant's perpetrating physical contact with Plaintiff in full view of the child. (c) The Defendant does not properly supervise the child while the child is in her custody. (d) The Defendant's current living arrangement is not conducive to the child's best interest and permanent welfare. (e) Plaintiff has the facilities to provide for the care, comfort, and needs of the child, as well as the genuine desire and ability to do so while he is in his custody. (f) Provided Defendant changes her present living arrangement and attends anger management counseling, Plaintiff believes that the child will benefit from an ongoing relationship with both of his natural parents pursuant to a schedule of primary and partial physical custody. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the Plaintiff respectfully requests your Honorable Court to grant primary physical and shared legal custody of the child to him. REIDENBACH & HENDERSON By: ? L,,-,\ /? A "'?c h, Herbert P. Henderson Attorneys for Plaintiff 36 East King Street Lancaster, PA 17602 (717) 295-9159 Attorney I.D. No. 56304 verification I have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This verification is made subject to the penalties of 19 Pa.C.S. Section 4904 relating to the unsworn falsification to authorities. Dated: ?--? i.. PROOF OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the following individuals and in the manner set forth on the 8th day of July , 2003. Service by first class mail, addressed as follows: Candace E. Layser 2066 Sheaffer Road Elizabethtown, PA 17022 Respectfully submitted, REIDENHACH 6.Hy?ENDERSO/N? ? (' By: / Herbert P. Henderson, II Attorneys for Plaintiff/Petitioner 36 East King Street Lancaster, PA 17602 717/ 295-9159 Attorney I.D. No. 56304 MATTHEW A. LAYSER Plaintiff/Petitioner V. CANDACE E. LAYSER Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : No. 03-3232 ORDER AND NOW, this 'day of Q?& 2003, pending the date of the custody conciliation conference, it is hereby ORDERED: (A) The parties shall enjoy periods of physical custody as follows: Respondent, Candace E. Layser shall enjoy physical custody from 5:00 PM Sunday evening until 5:00 PM Wednesday evening, at which time Petitioner will pick the child up from day care. Respondent shall pick up the child on Sundays at the park near Petitioner's home. 2. Petitioner, Matthew E. Layser shall enjoy physical custody from 5:00 PM Wednesday evening until 5:00 PM on Sunday evening. (B) Both parties agree to place the child in day care on weekdays exclusively with Kelly Fussenegger at 606 York Circle, Mechaincsburg, PA 17055, and agree to share the cost of day care equally. (C) The child will be picked up from day care by Petitioner and Respondent only. However, should an unavoidable circumstance occur where one of the child's parents is unable to pick up or drop off the child at day care, then the child may be picked up or dropped off by another family member. (D) The parties shall share legal custody of Sebastian Matthew Layser. (E) During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall assure, to the extent possible, that other household members and/or houseguests comply with this provision. BY THE COURT: G w ?, vl c w CJ? ? MATTHEW A. LAYSER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-3232 CIVIL ACTION LAW CANDACE E. LAYSER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday July 18 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, 301 Market Street, Lemoyne, PA 17043 on Tuesday, August 19, 2003 at 12:30 PM at 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 reev+- 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 - ? £o i? hlUNK7 NSi 'M ? ^o AlCarl",? , - ^? ;r '.i, i ?? -iii:, '!I a IN THE COURT OF COMMON PLEAS OF CUMBERLA14D COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MATTHEW A. LAYSER ) VS. ) No. 03-3232 CANDACE E. LAYSER ) ACCEPTANCE OF SERVICE I, Valerie J. Faden, Esquire, hereby acknowledge that I received the Complaint in Divorce, Notice to Defend and Claim Rights, Notice of Availability of Counseling, Complaint for Custody, and an Emergency Petition for Custody filed and docketed to the above term and number, this 0715?T day of 2003, on behalf of the Defendant, Candace E. Layser, at 2807 Market Street, Camp Hill, Pennsylvania. I further waive any defects in the service of the Complaint in Divorce, Complaint in Custody and/or the Emergency Petition for Custody. v Valerie Faden, Esquire Attorney I.D. No. 9701.)L- Attorney for Defendant Date: -71-)11&3 n _ ?. c= ?_ 'i7 6,? [il r.. .1 l - y -: ?', CS 1 c - +.1.-, ? l_ ??.. - .: ?? _• •? '::l i l7' AUG 2 5 2003 MATTHEW A. LAYSER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-3232 CIVIL TERM V. CANDACE E. LAYSER, Defendant HESS, J. --- CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this 2;" day of August, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The Father, Matthew A. Layser, and the Mother, Candace E. Layser, shall have shared legal custody of the minor child, Sebastian Matthew Layser, born October 30, 2001. 2. Physical Custody. All prior Orders in this custody matter are hereby vacated and replaced with the following custodial schedule: A. On the first and third weekends of the month, Father shall custody from Friday at 8:00 a.m. until the following Monday at 11:00 a.m. Mother will have custody the preceding weekdays from Monday at 11:00 a.m. through Friday at 8:00 a.m. B. On the second weekend of the month, Father shall have custody from Friday at 5:00 p.m. until Monday at 11:00 a.m. and the weekdays preceding that second weekend of the month, Mother will shall custody from Monday at 11:00 a.m. until Friday at 5:00 p.m. C. On the fourth weekend of the month, Mother will have custody from Friday at 8:00 p.m. until Sunday at 8:00 a.m. and Father shall have custody from Friday at 5:00 p.m. through 8:00 p.m. and Sunday at 8:00 a.m. until Monday at 11:00 a.m. The weekdays preceding the fourth weekend of the month, Mother shall have custody from Monday at 11:00 a.m. until Friday at 5:00 p.m. 3. Transportation. Mother will provide the transportation for the child to the Father on Friday mornings at 8:00 a.m. Father will provide transportation to the babysitter on Monday mornings at 11:00 a.m. On all Fridays at 5:00 p.m., Father will provide the transportation from the babysitter at the commencement of his custodial time. Otherwise, A 'ANV,,AIASNN3d AiNncr, 6G I ra.i i 1i'IN ;?, c 301IL NO. 03-3232 CIVIL TERM the child's transportation to the babysitter is provided by the parent who had custody the evening before. 4. Holidays. The holiday schedule shall supersede the regular schedule. A. Thanksgiving. For Thanksgiving Day 2003, Father shall have custody from 9:00 a.m. to 3:00 p.m. and Mother will have custody from 3:00 P.M. to 9:00 P.M. 5. During any period of custody or visitation, the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall ensure to the extent possible, that other household members and/or house guests shall comply with this provision. 6. The child will be picked up from daycare by Mother or Father only. However, should an unavoidable circumstance occur where one of the child's parents is unable to pick up or drop off the child at daycare, then the child may be picked up or dropped off by another family member. However, the parent unable to provide transportation shall be first obligated to contact the other parent before enlisting the use of other family members for assistance. 7. This Order is temporary in nature and may be modified upon the mutual agreement of the parties. 8. The Custody Conciliation Conference shall reconvene on December 8, 2003 at 9:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. BY THE COURT: A. Hess, J. Dist: Herbert P. Henderson, II, Esquire, 36 E. King Street, Lancaster, PA 17602 F, ) 7, V -' Valerie J. Faden, Esquire, 2807 Market Street, Camp Hill, PA 17011 AUG 2 5 2003 MATTHEW A. LAYSER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3232 CIVIL TERM V. CANDACE E. LAYSER, Defendant 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 Sebastian Matthew Layser October 30, 2001 Father 2. A Custody Conciliation Conference was held on August 19, 2003. Present for the conference were: the Father, Matthew A. Layser, and his counsel, Herbert P. Henderson, Esquire; the Mother, Candace E. Layser, and her counsel, Valerie J. Faden, Esquire. 3. The Conference was scheduled in response to Father's July 9, 2003 Custody Complaint. Father also filed an Emergency Petition for Special Relief. The Petition for Emergency Relief was disposed of by Stipulation of Counsel in which Judge Hess signed an Order of July 14, 2003 providing Father with custody from 5:00 p.m. Wednesday evening through 5:00 p.m. Sunday evening and Mother custody from 5:00 p.m. Sunday evening through 5:00 p.m. Wednesday evening. The matter was then referred to Conciliation. 4. The parties reached an agreement for a Temp ry Order in the form as attached. The parties will be returning to Custody Conciliatio n D cember 2003. Date Me issa Peel Greevy, Esquire Custody Conciliator :217461 MATTHEW A. LAYSER, Plaintiff V. CANDACE E. LAYSER, Defendant IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 4th day of December, 2003, upon the request by counsel for Plaintiff and Defendant, the Custody Conciliation scheduled for December 8, 2003 is hereby CANCELED. The Conciliator hereby relinquishes jurisdiction of the matter. FOR DEC 16 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3232 CIVIL TERM CIVIL ACTION - LAW Welissa Peel Greevy, Esquire Custody Conciliator Dist: /Herbert P. Henderson, II, Esquire, 36 E. King Street, Lancaster, PA 17602 /Valerie J. Fader, Esquire, 2807 Market Street, Camp Hill, PA 17011 222044 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW A. LAYSER Plaintiff No. 03-03232 Civil Term Vs. CIVIL ACTION CANDACE E. LAYSER Defendant IN CUSTODY COMPLAINT TO MODIFY CUSTODY 1. The Plaintiff, Matthew A. Layser, is an adult individual, residing at 266 Rambo Hill Road, Shermansdal.e, Pennsylvania, 17090. He will hereinafter sometimes be referred to as "Father" 2. The Defendant, Candace E. Layser, is an adult individual, residing at 251 East Crestwood Drive, Apartment C-1, Camp Hill, Pennsylvania, 17011. She will hereinafter sometimes be referred to as "Mother". 3. Father seeks to modify the custody of Sebastian Matthew Layser, age two (2), born on October 30, 2001. 4. On August 27, 2003, a Temporary Custody Order was entered granting primary physical custody of thE! child to Mother and partial physical custody of the child to Father pursuant to a schedule set forth therein. A true and correct copy of the order is attached hereto, made a part hereof and marked Exhibit "A". 5. Thereafter, a Custody Conciliation was scheduled for December 8, 2003. However, because the parties had undertaken an attempted reconciliation of their marriage, the parties requested that the Custody Conciliation be canceled. A true and correct copy of the Order to Relinquish Jurisdiction is attached hereto, made a part hereof and marked Exhibit "B". 6 The child was not born out of wedlock. 7. The child is presently in the joint physical custody of Mother and Father. Mother resides at 251 East Crestwood Drive. Father resides at 226 Rambo Hill Road, Shermansdale, Pennsylvania, 17090. 8. Since his birth, the child has resided with the following persons and at the following addresses: (a) From October 30, 2001, until July 2002, at 226 Rambo Hill Road, Shermansdale, Pennsylvania, 17090, with Father, Mother, and the child's paternal grandparents, Patrick and Judy Layser. (b) From July 2002, until July 2, 2003, at 509 Bedford Court, Mechanicsburg, Pennsylvania, 17050, with Father and Mother. (c) From July 2, 2003, until August 1, 2003, with Father, the child's aunt, Julie Justice, and the child's cousins, Josh McNaughton, Meri McNaughton, and Samantha Thrap. (d) From approximately August 1, 2003, until December 15, 2003, with Mother and Father at 251 East Crestwood Drive, Apartment C-1, Camp Hill, Pennsylvania, 17011. (e) From December 15, 2003, until the present, with Mother at 251 East Crestwood Drive, Apartment C-1, Camp Hill, Pennsylvania, 17011, and Father at 226 Rambo Hill Road, Shermansdale, Pennsylvania, 17090. 9. The mother of the child is Defendant currently residing at 251 East Crestwood Drive, Apartment C-1, Camp Hill, Pennsylvania, 17011. She is married, but separated. 10. The father of the child is Plaintiff currently residing at 226 Rambo Hill Road, Shermansdale, Pennsylvania, 17090. He is married, but separated. 11. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the child of this action, Plaintiff's parents, and the child's paternal grandparents, Patrick D. Layser and Judy A. Layser. 12. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with the child of this action. 13. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court with the exception of the original action filed. 14. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 15. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff has the facilities to provide for the. care, comfort, and needs of the child, as well as the genuine desire and ability to do so while he is in his custody. (b) Despite the Temporary Order of Court entered on or about August 27, 2003, affo:-ding Plaintiff partial physical custody, Plaintiff and Defendant have entered into a de facto oint physical custody' relationship with the minor child which has better effectuated the minor child's best interest and permanent welfare. (c) Plaintiff believes, and therefore avers, that Defendant's present hours of employment and Defendant's school schedule have necessitated Plaintiff and Defendant's engaging in joint physical custody of the minor child in order to avoid the minor child's being placed in the temporary physical custody of an unrelated third. person when the Plaintiff was otherwise available to exercise primary physical custody himself or to have Plaintiff's parents, the minor child's paternal grandparents, act in Plaintiff's stead. 17. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests your Honorable Court to modify the Custody Order dated August 27, 2003. REIDENRACH, HENDERSON & PECHT By: "AI A,.??,z Herbert P. Henderson, II Attorneys for Plaintiff 36 East King Street Lancaster, PA 17602 (717) 295-9159 Attorney I.D. No. 56304 Verification I have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to the unsworn falsification to authorities. Z"' ?& - M t w A. Layser Dated: /-/6 -C?/ ,, EXE ff "A° AUG 2 5 2003 MATTHEW A. LAYSER, Plaintiff V. CANDACE E. LAYSER, AUG 2 8 2003 1 Defendant HESS, J. --- IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this a 9 ?= day of August, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The Father, Matthew A. Layser, and the Mother, Candace E. Layser, shall have shared legal custody of the minor child, Sebastian Matthew Layser, born October 30, 2001. 2. Physical Custody. All prior Orders in this custody matter are hereby vacated and replaced with the following custodial schedule: A. On the first and third weekends of the month, Father shall custody from Friday at 8:00 a.m. until the following Monday at 11:00 a.m. Mother will have custody the preceding weekdays from Monday at 11:00 a.m. through Friday at 8:00 a.m. B. On the second weekend of the month, Father shall have custody from Friday at 5:00 p.m. until Monday at 11:00 a.m. and the weekdays preceding that second weekend of the month, Mother will shall custody from Monday at 11:00 a.m. until Friday at 5:00 p.m. C. On the fourth weekend of the month, Mother will have custody from Friday at 8:00 p.m. until Sunday at 8:00 a.m. and Father shall have custody from Friday at 5:00 p.m. through 8:00 p.m. and Sunday at 8:00 a.m. until Monday at 11:00 a.m. The weekdays preceding the fourth weekend of the month, Mother shall have custody from Monday at 11:00 a.m. until Friday at 5:00 p.m. 3. Transportation. Mother will provide the transportation for the child to the Father on Friday mornings at 8:00 a.m. Father will provide transportation to the babysitter on Monday mornings at 11:00 a.m. On all Fridays at 5:00 p.m., Father will provide the transportation from the babysitter at the commencement of his custodial time. Otherwise, HE COURT OF COMMON PLEAS OF BERLAND COUNTY, PENNSYLVANIA NO. 03-3232 CIVIL TERM CIVIL ACTION - LAW NO. 03-3232 CIVIL TERM the child's transportation to the babysitter is provided by the parent who had custody the evening before. 4. Holidays. The holiday schedule shall supersede the regular schedule. A. Thanksgiving. For Thanksgiving Day 2003, Father shall have custody from 9:00 a.m. to 3:00 p.m. and Mother will have custody from 3:00 P.M. to 9:00 P.M. 5. During any period of custody or visitation, the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall ensure to the extent possible, that other household members and/or house guests shall comply with this provision. 6. The child will be picked up from daycare by Mother or Father only. However, should an unavoidable circumstance occur where one of the child's parents is unable to pick up or drop off the child at daycare, then the child may be picked up or dropped off by another family member. However, the parent unable to provide transportation shall be first obligated to contact the other parent before enlisting the use of other family members for assistance. 7. This Order is temporary in nature and may be modified upon the mutual agreement of the parties. 8. The Custody Conciliation Conference shall reconvene on December 8, 2003 at 9:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. BY THE COURT: Kevin A. Hess, J. Dist: Herbert P. Henderson, II, Esquire, 36 E. King Street, Lancaster, PA 17502 Valerie J. Faden, Esquire, 2807 Market Street, Camp Hill, PA 17011 TRUE COPY FROM RECORD In T'esgmony whereof, I here unto sat my hand and the seal of said Co9q at Cardle, N. fhI tay Prothanotar- v MATTHEW A. LAYSER, Plaintiff V. CANDACE E. LAYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3232 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 Sebastian Matthew Layser October 30, 2001 Father 2. A Custody Conciliation Conference was held on August 19, 2003. Present for the conference were: the Father, Matthew A. Layser, and his counsel, Herbert P. Henderson, Esquire; the Mother, Candace E. Layser, and her counsel, Valerie J. Faden, Esquire. 3. The Conference was scheduled in response to Father's July 9, 2003 Custody Complaint. Father also filed an Emergency Petition for Special Relief. The Petition for Emergency Relief was disposed of by Stipulation of Counsel in which Judge Hess signed an Order of July 14, 2003 providing Father with custody from 5:00 p.m. Wednesday evening through 5:00 p.m. Sunday evening and Mother custody from 5:00 p.m. Sunday evening through 5:00 p.m. Wednesday evening. The matter was then referred to Conciliation. 4. The parties reached an agreement for a TE:mp ry Order in the form as attached. The parties will be returning to Custody Conciliatio n D cember 2003. Date Me issa Peel Greevy, Esquire Custody Conciliator :217461 Ii S ( fi , 071? o r .71 C:p rn MATTHEW A. LAYSER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA V. CANDACE E. LAYSER DEFENDANT 03-3232 CIVIL ACTION LAW IN CU STODY ORDER OF COURT AND NOW, Friday, February 13, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, March 08, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children 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. Gravy- Esq. (i 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 ha AV r '?dyfi-X7 0744i?2V hob/? V N(;: no :£ E!:J 61 93J U0Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MATTHEW A. LAYSER ) VS. ) No. 03-32?i2 CIVIL TERM CANDACE E. LAYSER ) CIVIL ACTION - LAW CUSTODY AFFIDAVIT OF SERVICE I, John Lffvenda, an adult individual, depose and say that a true and correct copy of the complaint to Modify Custody and Order of Court scheduling a Custody Conciliation Conference for March 30, 2004, was handed to the Defendant, Candace E. Layser, at the following location: a-Sl ef4s4 0ef-STWoob Drjve APT [-l rnM„ 9.//. ®A 1-7 o1/ on the u /o fA day of M ARCY4 2004, at . DD o'clock P.M. 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 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 3-/,5--o (L J hn L&venda onstable Affirmed and subscribed to before me, this d,-Lday 2004 ?t t.y Yunllc t :.. t m tay Public County m. vi', Ft^^SlnS:rivdc yid: v"5vdli;:;6 C((Q?u:iL'S r? -rf fT. L? APR 0 7 2004 MATTHEW A. LAYSER, Plaintiff V. CANDACE E. LAYSER, Defendant HESS, J. --- TEMPORARY ORDER OF COURT IN CUSTODY AND NOW, this P' day of April, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Le-gal Custody. The Father, Matthew A. Layser, and the Mother, Candace E. Layser, shall have shared legal custody of the minor child, Sebastian Matthew Layser, born October 30, 2001. 2. Physical Custody. All prior Orders in this custody matter are hereby vacated and replaced with the following custodial schedule: A. Mother shall have custody from 8:30 a.m. Mondays until 4:30 p.m. Fridays each week except for the third week; of the month when her custodial period will end at 4:30 p.m. on Thursday. B. Father shall have custody each weekend commencing on Friday at 4:30 p.m. and continuing until Monday at 8:30 a.m. with the exception of the third week of the month when Father's custodial weekend commences at 4:30 p.m. on Thursday. 3. Transportation. The parent receiving the child will provide transportation incident to the custodial exchange unless the parties agree otherwise. 4. Holidays. A. Easter. Father will have custody for Easter 2004. B. Memorial Day. Mother will have custody for Memorial Day 2004. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3232 CIVIL TERM CIVIL ACTION - LAW `J f HI?I ?V NO. 03-3232 CIVIL TERM 5. During any period of custody or visitation, the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall ensure to the extent possible, that other household members and/or house guests shall comply with this provision. 6. Vacation. Each party will be entitled to two (2) non-consecutive weeks of custody for purposes of vacation. Each party will provide each other with two (2) weeks notice of their intended vacation weeks. In the event that the parties' schedules are in conflict or overlapping, the party first providing written notice shall have choice of the vacation time. 7. This Order is temporary in nature and may be modified upon the mutual agreement of the parties. 8. The Custody Conciliation Conference shall reconvene on June 24, 2004, at 10:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. BY THE COURT: n A. Hess, J. Dist: 1 erbert P. Henderson, II, Esquire, 36 E. King Street' Lancaster, PA 17602 -Oaul J. Esposito, Esquire, PO Box 1268, Harrisburg, PA 17108-1268 Y 0y_os-oy MATTHEW A. LAYSER, Plaintiff V. CANDACE E. LAYSER, Defendant NO. 03-3232 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 Sebastian Matthew Layser October 30, 2001 DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Mother 2. The parties' second Custody Conciliation Conference was held on March 30, 2004. Present for the conference were: the Father, Matthew A. Layser, and his counsel, Herbert P. Henderson, Esquire; the Mother, Candace E. Layser, and her counsel, Paul J. Esposito, Esquire. 3. The Conference was scheduled in response to Father's February 4, 2004 Complaint to Modify Custody. This Complaint was filed the same date that the parties entered an agreed upon Order for Protection from Abuse docketed to 03-6465. 4. The parties reached an agreement for a attached. The parties will be returning to Custody Concil i X116 Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ry Order in the form as Ine 2004. :226370 Custody Conciliator AUG 1 3 2004 MATTHEW A. LAYSER, Plaintiff V. CANDACE E. LAYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3232 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDI(:TION AND NOW, this 11`h day of August, 2004, counsel for the parties having requested a thirty (30) day continuance on June 24, 2004, and the Conciliator having received no further request for the Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above captioned matter. FOR TH T:: r f BY, ssa Peel Greevy, Esquire Custody Conciliator :233756 t, ? fit ? ''??'.'i ?? .?. ,-_r-Q??i MATTHEW A. LAYSER, Plaintiff V. CANDACE E. LAYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3232 Civil Term CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER AND NOW, come the parties, MATTHEW A. LAYSER, Plaintiff, and CANDACE E. LAYSER, Defendant, who hereby agree and stipulate as follows: 1. The parties hereto are the parents of one (1) minor child, SEBASTIAN MATTHEW LAYSER, born: October 30, 2001. 2. On April 8, 2004, a Temporary Order of Court was issued with respect to custody of Sebastian. 3. As a result of discussions between the parties and their counsel, the parties have reached agreement with respect to custody of Sebastian, the terms of which follow. 4. The parties acknowledge and agree that it is in the best interest and welfare of Sebastian that they have shared legal custody. 5. The parties further acknowledge and agree that it is in Sebastian's best interests that physical custody be as follows: a. Defendant shall have custody of Sebastian from 8:30 a.m. Mondays until 5:00 p.m. Fridays each week except for the third week of the month when her custodial period will end at 5:00 p.m. on Thursday. b. Plaintiff shall have custody of Sebastian each weekend commencing on Friday at 5:00 p.m. and continuing until Monday at 8:30 a.m., with the exception of the third week of the month when Plaintiff's custodial weekend commences at 5:00 p.m. on Thursday. C. Plaintiff shall have custody of Sebastian on Father's Day at times to be agreed upon by the parties. d. Defendant shall have custody of Sebastian on Mother's Day commencing at 3:00 p.m. She shall retain custody until Plaintiff's next scheduled period of custody. e. The parties shall share the major holidays, specifically, New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas so that the parent not having custody at the time, shall commence his/her holiday custody at 3:00 p.m. on the holiday until 8:30 a.m. the following day. Defendant will have custody for Labor Day 2004. f. Each party will be entitled to two (2) non-consecutive weeks of custody for the purpose of vacation. Each party will provide the other with a minimum of two (2) weeks' notice of their intended vacation weeks. In the event the parties' schedules are in conflict, the party first providing written notice shall have the choice of vacation time. g. In addition to the foregoing, the parties shall have physical custody of Sebastian as they shall from time to time mutually agree upon and arrange. The parties shall be free to modify the aforementioned custody arrangements in accordance with their mutual agreement. 6. The party receiving custody of Sebastian will provide transportation incident to the custodial exchange unless the parties otherwise agree. 2 7. The parties shall permit reasonable telephone access between Sebastian and the other parent at all times. They shall use sound discretion as to the time, frequency and duration of the phone calls. 8. Neither party shall do or say anything to estrange Sebastian from the other parent and both shall encourage his relationship with the other parent and their family members. It shall be the express duty of each party to uphold the other parent as one whom Sebastian shall respect and love. 9. The parties shall share with each other all information pertinent to all major aspects of Sebastian's life, including but not limited to his education, health, religion, social adjustment and activities. Both parties shall participate in and make all major decisions concerning Sebastian and shall cooperate to the fullest possible extent in their son's upbringing. 10. During any period of custody, the parties shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall ensure to the extent possible, that other household members and/or house guests shall comply with this provision. 11. This Stipulation shall be entered as an Order of Court and, as such, shall have the same force and effect as if this matter had been tried and decided by the Court. 12. This Stipulation and Order shall continue in full force and effect until further Order of this Court and shall replace and supersede any existing custody arrangements between the parties or any previous order entered by this or any other court. 13. The parties hereby waive their right to present this Stipulation in open court or to have their case heard by the Court at this time. 3 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date and year first above written. \A&A04?-. Witness Wit ess MATT W A. LAYSER, Plaintiff r CANDACE E. LAYSER, Defendant 4 _ l ..y "ty ?..yTI Paul J. Fsposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O- Box 1268 Harrisburg PA 17108-1268 (717) 234.4161;(717) 234.4161 (facsimile) MATTHEW A. LAYSER, CANDACE E. LAYSER, IN THE COURT OFCOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3232 Civil Term CIVIL ACTION - LAW IN CUSTODY AND DIVORCE ELECTION TO RESUME PRIOR NAME CANDACE EILEEN LAYSER, being duly sworn according to law, deposes and says that she is the Defendant in the above suit, which was filed with the Court of Common Pleas on July 9, 2003, at the above-referenced docket number. That Defendant wishes to retake and hereafter use her prior name of CANDACE EILEEN RODDY, and therefore, gives written notice of avowing said intention, in accordance with the provisions of Title 54 Pa.C.S.A. §704(a). Sworn to a)qd subscribe before me this day of 2005. jaryubl' My Commission Expires: S<1?fi ^ fa yr c , Cl a v t Tt ° i 4! fu c CANDACE EILEEN LAYSER To be known as CANDACE EILEEN RODDY CANDACE EILEEN RODDY ?.! ?~ 3? ? ? ? ,? ?v. ? ? ?? ?:. -, `, ?, M ?. -. Paul 1. Esposito, Esquire I D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161, (717) 234-4161 (farsiraite) Counsel jor Pmltinnen7J 1,ndonl MATTHEW A. LAYSER, Plaintiff V. CANDACE E. LAYSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 03-3232 Civil Term CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW, Defendant, CANDACE E. RODDY, formerly CANDACE E. LAYSER, by and through her attorneys Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, files this Petition to Modify Custody Order, and in support thereof, avers the following: 1. Plaintiff is Matthew A. Layser, Father. 2. Defendant is Candace E. Roddy, formerly Candace E. Layser, Mother. 3. The parties hereto are the parents of one (1) minor child, SEBASTIAN MATTHEW LAYSER, born October 30, 2001. 4. On November 19, 2004, the Honorable Kevin A. Hess entered a Custody Order which adopted the terms of the parties' Stipulation for Entry of Custody Order. A true and correct copy of the Stipulation and Order are attached hereto, made a part hereof and marked Exhibit "A." 5. The best interests and permanent welfare of Sebastian will be served by a modification of the Court's Order as follows: a. The current Order makes no provision for Defendant to have physical custody of Sebastian on any weekends. Defendant's employment circumstances are now conducive to her having physical custody on weekends. Therefore, Defendant requests that Plaintiff s custodial time on weekends be limited to alternating weekends beginning 9:00 a.m. on Saturday and ending at 8:00 p.m. on Sunday. b. Plaintiff would have physical custody of Sebastian each Wednesday at such time as Plaintiff picks him up at pre-school until 8:00 p.m., when Defendant shall retrieve Sebastian from Plaintiffs residence. C. Defendant requests that custody at Christmas be clarified so that the parties alternate two equal segments on Christmas Eve and Christmas Day. d. Defendant requests that she have custody of Sebastian on Mother's Day at times to be agreed upon by the parties, as opposed to the current Order which provides that she does not have custody of Sebastian on Mother's Day until 3:00 p.m. e. Defendant requests that the provision regarding transportation of Sebastian for each custodial exchange be expanded to provide that the parties may designate a responsible adult to do the transportation when he or she is unavailable. WHEREFORE, Defendant respectfully requests that this Honorable Court modify its Order as set forth herein. ' . ?'cC6 Date: ? GOLDDBBE/R?G KKATZMAN, P.C Paul J. Evosi Attorney I. . 425454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Petitioner/Defendant 4 VERIFICATION I verify that the statements contained in the foregoing PETITION TO MODIFY CUSTODY ORDER are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: C?? ?-/ ANllACE E. RODllY, f/k/• CANDACE E. LAYSER aE? J/? NOV 1 7 2004=- MATTHEW A. LAYSER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3232 Civil Term CANDACE E. LAYSER, CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY ORDER AND NOW, this ' II ' day of Aja vra,( , 2004, upon review of the parties' Stipulation, which is made a part hereof and attached hereto, it is hereby ORDERED that: It is in the best interests and welfare of the parties' minor child, SEBASTIAN MATTHEW LAYSER, that Plaintiff, MATTHEW A. LAYSER, and Defendant, CANDACE E. LAYSER, have shared legal custody. 2. It is in Sebastian's best interests that the parties have physical custody in accordance with the following terms and conditions: a. Defendant shall have custody of Sebastian from 8:30 a.m. Mondays until 5:00 p.m. Fridays each week except for the third week of the month when her custodial period will end at 5:00 p.m. on Thursday. b. Plaintiff shall have custody of Sebastian for each weekend commencing on Friday at 5:00 p.m. and continuing until Monday at 8:30 a.m. with the exception of the third week of each month when Plaintiff's custodial weekend commences at 5:00 p.m. on Thursday. c. Plaintiff shall have custody of Sebastian on Father's Day at times to be agreed upon by the parties. d. Defendant shall have custody of Sebastian on Mother's Day commencing at 3:00 p.m. and shall retain custody until Plaintiff s next scheduled period of custody. e. The parties shall share the major holidays, specifically, New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas so that the parent not having custody at the time, shall commence his/her holiday custody at 3:00 p.m. on the holiday until 8:30 a.m. the following day. Defendant will have custody for Labor Day 2004. f. Each party will be entitled to two (2) non-consecutive weeks of custody for the purpose of vacation. Each party will provide the other with a minimum of two (2) weeks' notice of their intended vacation weeks. In the event the parties' schedules are in conflict, the party first providing written notice shall have the choice of vacation time. g. In addition to the foregoing, the parties shall have physical custody of Sebastian as they shall from time to time mutually agree upon and arrange. The parties shall be free to modify the aforementioned custody arrangements in accordance with their mutual agreement. 3. The party receiving custody of Sebastian will provide transportation incident to the custodial exchange unless the parties otherwise agree. 4. The parties shall permit reasonable telephone access between Sebastian and the other parent at all times. They shall use sound discretion as to the time, frequency and duration of the phone calls. 5. Neither party shall do or say anything to estrange Sebastian from the other parent and both shall encourage his relationship with the other parent and their family members. It shall be the express duty of each party to uphold the other parent as one whom Sebastian shall respect and love. 6. The parties shall share with each other all information pertinent to all major aspects of Sebastian's life, including but not limited to his education, health, religion, social adjustment and activities. Both parties shall participate in and make all major decisions concerning Sebastian and shall cooperate to the fullest possible extent in their son's upbringing. During any period of custody, the parties shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall ensure to the extent possible, that other household members and/or house guests shall comply with this provision. 8. This Order shall remain in full force and effect until further order of this Court and shall replace and supersede any existing custody arrangements between the parties or any previous order entered by this or any other Court. BY THE COURT: ? 14, J. MATTHEW A. LAYSER, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. 03-3232 Civil Term CANDACE E. LAYSER, CIVIL ACTION - LAW Defendant IN CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER AND NOW, come the parties, MATTHEW A. LAYSER, Plaintiff, and CANDACE E. LAYSER, Defendant, who hereby agree and stipulate as follows: The parties hereto are the parents of one (1) minor child, SEBASTIAN MATTHEW LAYSER, born: October 30, 2001. 2. On April 8, 2004, a Temporary Order of Court was issued with respect to custody of Sebastian. As a result of discussions between the parties and their counsel, the parties have reached agreement with respect to custody of Sebastian, the terms of which follow. 4. The parties acknowledge and agree that it is in the best interest and welfare of Sebastian that they have shared legal custody. The parties further acknowledge and agree that it is in Sebastian's best interests that physical custody be as follows: a. Defendant shall have custody of Sebastian from 8:30 a.m. Mondays until 5:00 p.m. Fridays each week except for the third week of the month when her custodial period will end at 5:00 p.m. on Thursday. b. Plaintiff shall have custody of Sebastian each weekend commencing on Friday at 5:00 p.m. and continuing until Monday at 8:30 a.m., with the exception of the third week of the month when Plaintiffs custodial weekend commences at 5:00 p.m. on Thursday. C. Plaintiff shall have custody of Sebastian on Father's Day at times to be agreed upon by the parties. d. Defendant shall have custody of Sebastian on Mother's Day commencing at 3:00 p.m. She shall retain custody until Plaintiff s next scheduled period of custody. e. The parties shall share the major holidays, specifically, New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas so that the parent not having custody at the time, shall commence his/her holiday custody at 3:00 p.m. on the holiday until 8:30 a.m. the following day. Defendant will have custody for Labor Day 2004. f. Each party will be entitled to two (2) non-consecutive weeks of custody for the purpose of vacation. Each party will provide the other with a minimum of two (2) weeks' notice of their intended vacation weeks. In the event the parties' schedules are in conflict, the party first providing written notice shall have the choice of vacation time. g. In addition to the foregoing, the parties shall have physical custody of Sebastian as they shall from time to time mutually agree upon and arrange. The parties shall be free to modify the aforementioned custody arrangements in accordance with their mutual agreement. 6. The party receiving custody of Sebastian will provide transportation incident to the custodial exchange unless the parties otherwise agree. 7. The parties shall permit reasonable telephone access between Sebastian and the other parent at all times. They shall use sound discretion as to the time, frequency and duration of the phone calls. Neither party shall do or say anything to estrange Sebastian from the other parent and both shall encourage his relationship with the other parent and their family members. It shall be the express duty of each party to uphold the other parent as one whom Sebastian shall respect and love. 9. The parties shall share with each other all information pertinent to all major aspects of Sebastian's life, including but not limited to his education, health, religion, social adjustment and activities. Both parties shall participate in and make all major decisions concerning Sebastian and shall cooperate to the fullest possible extent in their son's upbringing. 10. During any period of custody, the parties shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall ensure to the extent possible, that other household members and/or house guests shall comply with this provision. 11. This Stipulation shall be entered as an Order of Court and, as such, shall have the same force and effect as if this matter had been tried and decided by the Court. 12. This Stipulation and Order shall continue in full force and effect until further Order of this Court and shall replace and supersede any existing custody arrangements between the parties or any previous order entered by this or any other court. 13. The parties hereby waive their right to present this Stipulation in open court or to have their case heard by the Court at this time. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date and year first above written. A. LAYSER, Plaintiff ANDACE E. LAYSER, Defendant 4 Witness CERTIFICATE OF SERVICE On this day of PifT 2006, I certify that a copy of the foregoing was served upon the following party of record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Herbert P. Henderson, II, Esquire 36 E. King Street, 2nd Floor Lancaster, PA 17602 Attorney for Plaintiff GOLDBERG KATZMAN, P.C. Paul Jam. ispos46 Supreme Cotirt ID #25454 Attorneys for Petitioner/Defendant 1 REIDENBACH & HENDERSON Herbert P. Henderson, 11, Esquire 36 East King Street Lancaster, PA 17602 (717) 295-9159 - 1225 Facsimile (717)295 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MATTHEW A_ LAYSER vs. ) No. 03-3232 CANDACE E. LAYSER AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c or d) of the Domestic Relations Code of Pennsylvania was filed on July 9, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of tiling the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention w request entry of the decree. 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 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 7- Dated: Ma w A. Lay ser er i i ., REIDENBACH & HENDERSON Herbert P. Henderson, 11, Esquire 36 East King Street Lancaster, PA 17602 (717) 295-9159 (717) 295-1225 Facsimile IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MATTHEW A. LAYSER vs. No. 03-3232 CANDACE E. LAYJEK WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c or d) OF THE DOMESTIC RELATIONS CODE I consent to the entrv of a final decree of divorce without notice. I 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 1 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 tb'tt tb,° 1115rlr' in th;i at!1i13 jf are tr(!f' an(I ettrr!'.ct. 111 nde"fanvl that 4"'11 gf' statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 7 _ Mat A. JZLavser -^----- MATTHEW A. LAYSER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CANDACE E. LAYSER DEFENDANT 03-3232 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 07, 2006 , 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 MDJ Manlove's,1901 State St., Camp Hill, PA 17011 on _Thursday, April 13, 2006 _ at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary, order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for envy 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. __ ry1 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 ? 9 ?? Paul 1. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161, (717) 234-4161 (facsimile) MATTHEW A. LAYSER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CANDACE E. LAYSER, NO. 03-3232 Civil Term CIVIL ACTION - LAW iICUSTODY AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on July 9, 2003. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. 1 understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce being handed down by the Court. 5. I acknowledge that I received a copy of the Complaint in Divorce on or about July 21, 2003, via Acceptance of Service executed by Valerie J. Faden, Esquire. 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 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. ?Date: Wo I '2006 CANDACE E. RODDY, f/ pa CANDACE E. LAYSER Paul J- Esposito, Esquire LD.#25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161,(717)234-5161 (luesuz ile) MATTHEW A. LAYSER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CANDACE E. LAYSER, NO. 03-3232 Civil Term CIVIL ACTION - LAW IN CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that 1 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. I 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. verify that the stateJ-.ents inaJc u; this afiddVit are -true and ContcL. i understand -that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 1#&V k C , 2006 CANDACE E. RODDY, Vlk CANDACE E. LAYSER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MATTHEW A. LAYSER vs. 03-3232 CANDACE E. LAYSER PETITION TO WITHDRAW AS LEGAL COUNSEL Petitioner is HerbertP. Henderson, II, Esquire and Reidenbach & Henderson, counsel for Plaintiff, Matthew A. Layser in the above-captioned custody action. 2. Respondent is Matthew A. Layser, Plaintiff in the above-captioned custody action. 3. Petitioner has represented Respondent, Matthew A. Layser in these custody proceedings since July 8, 2003, 4. On January 4, 2006, Petitioner forwarded correspondence to Respondent in an effort for Respondent to contact Petitioner with regard to his case. Respondent did not contact Petitioner. 5. On March 1, 2006, Petitioner forwarded correspondence to Respondent requesting that Respondent contact Petitioner with regard to his custody action. Respondent did not contact Petitioner. 6. On March 13, 2006, Petitioner forwarded correspondence to Respondent requesting that Respondent contact Petitioner with regard to his impending Custody Conference. Respondent did not contact Petitioner. Respondent has ignored Petitioner's repeated telephone calls and correspondence with regard to the above-referenced custody action making it impossible for Petitioner to effectively represent Respondent in these proceedings. 8. In addition, Respondent currently owes Petitioner in excess of $3,000.00 and has failed to pay Petitioner on a regular basis for services rendered pursuant to agreement by Respondent. 9. On numerous occasions via telephone calls and letters, Petitioner has requested payment on the balance due and owing to Petitioner. 10. Respondent's case is now attached for a Pre-hearing Custody Conference and therefore, Respondent now has ample time to request a continuance of the Conference and secure new representation if he so desires. Respondent will suffer no prejudice, if Petitioners' motion to withdraw is granted. WHEREFORE, your Petitioner respectfully requests that the Court enter an Order granting leave for counsel to withdraw their appearance in behalf of the Respondent, Matthew A. Layser. submitted, CH & HE By: Herbert P. Hender n, Il Attorney I.D. No. 5 36 East King Street Lancaster, PA 17602 717/295-9159 VERIFICATION I have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to the unworn falsification to authorities. Herbert P. Henderson, II Date: II CERTIFICATE OF SERVICE I, Herbert P. Henderson, Esquire, ofReidenbach & Henderson, depose and say that I served a true and correct copy of the Petition to Withdraw as Legal Counsel on the following persons and in the manner indicated below: Via First Class Mail Paul J. Esposito, Esquire Goldberg Katzman 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Matthew A. Layser 3804 Rosemont Avenue Camp Hill, PA 17011 REIDENBACH & HENDERSON By: Perber?tP. Henderson, 11 Attorney I.D. No.: 56304 Attorneys for Petitioner 36 E. King St. Lancaster, PA 17602 717/295-9159 Dated: t- ?? i a '.. t APR I 1 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MATTHEW A. LAYSER V5. CANDACE E. LAYSER ORDER 03-3232 AND NOW, this If ' _ day of /./ „7 2006, upon consideration of the within Petition, it is hereby ORDERED that Herbert P. Henderson, II, Esquire and Reidenbach & Henderson are WITHDRAWN as counsel for Plaintiff/Respondent, Matthew A. Layser. BY THE COURT: J. t 0 , ! ? .. ? ,. ? ,.i MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of 2005, by and between CANDACE E. LAYSER, (hereinafter referred to as "Wife") and MATTHEW A. LAYSER, (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on June 23, 2001, at Perry County, Pennsylvania; and WHEREAS, the parties have lived separate and apart since December 13, 2003; and WHEREAS, the parties are the parents of one (1) minor child, Sebastian Matthew Layser, born October 30, 2001; and WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they intend to live separate and apart for the rest of their natural lives, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification, the settling of all claims between them relating to the ownership and equitable distribution of their real and personal property; the settling of all matters between them relating to the past, present and future support, alimony, alimony pendente lite and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound and to legally bind their heirs, successors and assigns hereby covenant, promise and agree as follows: SEPARATION Husband and Wife shall at all times have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other, subject to the further provisions of this Agreement. 2. HUSBAND'S DEBTS Husband represents and warrants to Wife that he has not and, in the future, will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 3. WIFE'S DEBTS Wife represents and warrants to Husband that she has not and, in the future, will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 2 4. OUTSTANDING JOINT DEBTS Husband and Wife acknowledge and agree that they have no outstanding debts and obligations which were jointly incurred by them during their marriage. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, for which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred, or may hereinafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 6. CITIZENS BANK ESCROW ACCOUNT The parties acknowledge that the real estate which they had owned as tenants by the entireties has been sold and the net proceeds derived from said sale have been deposited in an escrow account at Citizens Bank. The parties hereby agree that Husband shall receive $3,000 from the escrow account as his sole and separate property and Wife shall receive the remaining balance of said account. The parties and their counsel shall take all action necessary to close the escrow account and disburse the proceeds as set forth herein immediately upon issuance of a final decree in divorce. DIVISION OF PERSONAL PROPERTY The parties hereby agree that they have divided their separate and marital personal property to their mutual satisfaction. As of the date of execution this Agreement, each party shall retain as his or her sole and separate property, free and clear of any claim of the other, all items of property which each now has in his or her possession, respectively. AFTER-ACQUIRED PROPERTY The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, real, personal or mixed, tangible or intangible, which are or were acquired by him or her after the parties' date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 9. RETIREMENT AND 401(k) BENEFITS AND STOCK The parties hereby release and relinquish any and all right, title, claim or interest he or she may have in and to the retirement and 401(k) benefits of the other, specifically to include a waiver of any beneficiary designation thereunder. More specifically, Wife hereby releases and relinquishes any and all right, title, claim or interest she may have in and to Husband's United Parcel Service stock or any other benefits derived from his employment with UPS. The parties acknowledge that they are aware of their respective rights to obtain an independent valuation of the retirement and 401(k) benefits described in this provision. However, in consideration of the distribution of the escrow account, and other consideration set forth in this Agreement, the parties hereby forever waive and relinquish any right, title, claim or interest that either might otherwise have in and to the other's aforesaid retirement and/or 401(k) benefits and stock and the parties hereby waive their respective rights to have said assets valued. 10. FINANCIAL ACCOUNTS The parties hereby agree that each shall retain as his/her sole and separate property, free of any and all right, title, claim or interest of the other, any and all financial accounts, to include but not be limited to savings and checking accounts, in his/her name individually. 11. DISCLOSURE OF ASSETS AND WAIVER OF PROCEDURAL RIGHTS Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code, as amended, or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with their counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns with respect to this divorce, alleging that there was a denial of any rights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. The parties acknowledge that a breach of this Agreement does, however, remain actionable. 12. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Paul J. Esposito, Esquire; and to Husband by his counsel, Herbert P. Henderson, II, Esquire. Each party confirms that he and she fully understand the terms, conditions and provisions of this Agreement and believe them to be fair, just, adequate, and reasonable under the circumstances. 13. WAIVER OF ALIMONY ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have had in the past, may now have or may hereafter have by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as Husband and Wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either parties' obligation to contribute to the support and maintenance of the other. 14. COUNSEL FEES COSTS AND EXPENSES Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of the marriage and the preparation and execution of this Agreement. 15. WAIVER OF INHERITANCE RIGHTS Unless otherwise specifically provided in this Agreement, as of the date of execution of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any Trust of the other or in which the other has an interest and each of the parties hereby waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 16. WAIVER OF BENEFICIARY DESIGNATION As of the date of execution of this Agreement, unless otherwise specifically set forth herein, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terns of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding any continuing marital status between the parties, each shall sign whatever documents are necessary to enable the other to designate new beneficiaries for retirement plans, insurance policies and similar assets in order to conform with law. IT RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth herein or as to any breach of this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance 9 by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. (e) Husband and Wife acknowledge that Husband has instituted a no-fault action in divorce against Wife docketed to No. 03-3232 in the Court of Common Pleas of Cumberland County, Pennsylvania. Husband shall, promptly and without delay, proceed with the said divorce action, and the parties shall execute all documents necessary to conclude the divorce immediately upon presentation of same. 18. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall 10 retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 19. MODIFICATION No modification, rescission or amendment to this Agreement shall be effective unless in writing and signed by each of the parties hereto. 20. WAIVER OF BREACH The waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any other breach of any provision of this Agreement. 21. APPLICABLE LAW All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 22. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way 23. AGREEMENT BINDING ON PARTIES AND HEIRS This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. 24. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. 25. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement; that he or she has had ample opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it freely and voluntarily. The parties further acknowledge and confirm that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement shall be interpreted fairly and simply, and not strictly for or against either of the parties. 26. MUTUAL COOPERATION Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 27. BREACH If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 12 28. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 29. EFFECTIVE DATE This Agreement shall become effective and binding upon both parties on the execution date. 30. EFFECT OF RECONCILIATION COHABITATION OR DIVORCE This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: c AWA CANDACE E. LAYSER MA HEW A. L13 STATE OF PE YLVANIA ss: COUNTY OF On this, the WA day of 2005, before me, the undersigned officer, personally appeared CANDACE E. LAYSER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ajf")(-4-? Notary Public ? I STATE OF PE S 'LV NIA ss: COUNTY O On this, the --zv day of 20/before me, the undersigned officer, personally appeared MATTHEW A. LAYSER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and o icikl seal. Notary Public :: ODMAIPCDOCSIDOCS112836511 14 MATTHEW A. LAYSER, V. CANDACE E. LAYSER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3232 Civil Term CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce 2. Date and manner of service of the Complaint: July 21, 2003, by way of Acceptance of Service signed by Valerie J. Faden, Esquire in behalf of Defendant. 3.(a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff on March 9, 2006 ; by Defendant on February 18, 2006 (b)(1) Date of execution of the Affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of Plaintiffs Affidavit upon the Defendant: 4. 5. Related claims pending: None. (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 Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: March 14, 2006 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: February 28, 2006 Attorney f Pl tiff rt ___ _Tr-<1 APR :2 1 N66 i IN THE COURT OF COt ' c? MATTHEW A. LAYSER, MQIVPt1=AS-Ofti= - I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-3232 CIVIL TERM V. CANDACE E. LAYSER, Defendant ORDER OF COURT IN CUSTODY AND NOW, this Z/' day of 4?-, , 2006, the Pre-Hearing Custody Conference has been continued and reconvened. It is hereby directed that the parties and their respective counsel appear before Melissa Peel Greevy, Esquire, the Conciliator, at 1901 State Street, Camp Hill, Pennsylvania 17011 on the 2nd day of June, 2006 at 10:30 a.m. for a Custody Conciliation 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 a temporary order. 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. BY THE COURT: ?'K, / /? J. Dist: ! a J. Esposito, Esq., 320 Market Street, P. 0. B4 1268, Harrisburg, PA 17108-1268 in O'Connell, Esq., 4415 N. Front Street, Harrisburg, PA 17110 J l 0?0 CIVIL ACTION - LAW ? N MATTHEW A. LAYSER, Plaintiff V. CANDACE E. LAYSER, Defendant APR 2 1 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3232 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 Sebastian Matthew Layser October 30, 2001 Mother and Father 2. Mother filed a Petition for Modification of the Custody Order entered on November 19, 2004. Her petition to modify was filed on February 28, 2006. A Custody Conciliation Conference was held on April 13, 2006. Present for the conference were: the Father, Matthew A. Layser, and his counsel, Timothy O'Connell, Esquire; the Mother, Candace E. Layser, and her counsel, Paul Esposito, Esquire. 3. Mother's position on custody is as follows: Mother feels that she should be allowed to have more custodial time on the weekends now that she is able to arrange weekends off with her employment. She would like to have custody on alternating weekends. Because Father works on Sundays from 8:30 to 5:00, Mother would like to have custody during the time that Father works on Sundays. In addition, Mother sought to clarify some changes to the holiday schedule, the transportation plan, and to have Father have custody on Wednesday evenings until 8:00 p.m. Essentially, Mother seeks to have more custodial time with the child. The child is now attending preschool on Wednesdays and Thursdays. Because Mother's schedule includes working 4:00 p.m. to 10:00 p.m. at a restaurant, which allows her to be with the child during the day, other than times that he is at preschool, Mother has decided that she wants to change her employment arrangement so that she can work more traditional business hours and be more available to the child. Accordingly, the conciliation conference scheduled in response to Mother's petition to modify will be continued and reconvened on June 2, 2006 at 10:30 a.m. NO. 03-4343 4. Father's position on custody is as follows: Father is willing to have Mother have custody on Sundays, with the exception of one Sunday a month where he would prefer that his parents have the opportunity to have custody in the afternoon. Father is not willing to reduce any of his custodial time and thinks that it is best for the child to be in his custody on those days when Mother is working 4:00 p.m. to 10:00 p.m. ,-/- I ? 0 ? .- &I'Ai Date Melissa Peel Greevy, E quire Custody Conciliator 273490 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MA A. LAYSER No. 03-3232 Civil Plaintiff VERSUS IN DIVORCE Defendant DECREE IN DIVORCE AND NOW, M Qwf 12::? , ,2aO6 , IT IS ORDERED AND DECREED THAT MATTHEW A. LAYSER PLAINTIFF, AND CANDACE E. LAYSER ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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; AND IT IS FURTHER ORDERED AND DECREED, that the terms, provisions and conditi of a certain Marriage Settlement Agreement between. the parties dated December 15, 2005, are hereby incorporated in this Decree by reference as fully as though same were set forth herein at length. Said Agreement shall BY THE COURT: ATTE J. PROTHONOTARY n // /cn ,? ??'-tea` '?'?J??"?J w • .fi ' s-' RECEIVED JUN 12 W MATTHEW A. LAYSER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-3232 CIVIL TERM V. CIVIL ACTION - LAW CANDACE E. LAYSER, IN CUSTODY Defendant HESS, J. -- ORDER OF COURT AND NOW, this /3, day of June, 2006, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Order of November 19, 2004 is VACATED. 2. Legal Custody. The parties, Matthew A. Layser and Candace E. Layser, shall have shared legal custody of the minor child, Sebastian Matthew Layser. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 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. 3. Physical Custody. Matthew's parenting time, arranged in accordance with the following schedule, is a four week repeating rotation: A. Week one, effective June 7, 2006, Father shall have custody from Wednesday at 5:00 p.m. until Sunday at 8:30 a.m. B. Week two, effective June 15, 2006, Father shall have custody from Thursday at 5:15 p.m. until Friday at 6:00 p.m. C. Week three, effective June 22, 2006, Father shall have custody from Thursday at 5:15 p.m. until Sunday at 8:30 a.m. D. Week four, effective June 29, 2006, Father shall have custody from Thursday at 5:15 p.m. until Friday at 6:00 p.m. E. Mother will have custody at those times when Father does not have custody. 3 at :04 tlV 1-11 EA ?9u0Z ^; 1,111, Alij NO. 03-3232 CIVIL TERM 4. Transportation. Father will provide transportation at the beginning of his custodial periods when they occur on Wednesdays and Thursdays, by picking up Sebastian at Mother's home. Mother will provide transportation for her custodial period when they begin on Fridays by picking up Sebastian at Father's home. On the two Sunday mornings per four week cycle when Father's custodial period ends at 8:30 a.m., Father will provide the transportation by taking Sebastian to Mother before he goes to work. Holiday Schedule. The attached holiday shall supersede the regular schedule. 6. Vacation. Each party shall be entitled to up to three non-consecutive weeks of custody for purposes of vacation. Each party will provide the other with the minimum of two weeks notice of their intended vacation weeks. In the event the parties' schedules are in conflict, the party first provided written notice shall have choice of the vacation time. 7. Parties may deviate from the terms of this Order by their mutual agreement. However, in the absence of their mutual agreement, the terms of this Order shall control. BY THE COURT: Kevin ess, J. Dist: ,Ful J. Esposito, Esq., 320 Market Street, P. O. Box 1268, Harrisburg, PA 17108-1268 ,I'mothy O'Connell, Esq., 4415 N. Front Street, Harrisburg, PA 17110 J 60 0 HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 181 Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on Thanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 1st Half From gam on 12/24 to 3pm on 12/25 Father Mother Christmas 2nd Half From 3pm on 12/25 to 3pm on 12126 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :260898 RECEIVED JUN 12 2006 MATTHEW A. LAYSER, Plaintiff V. CANDACE E. LAYSER, Defendant HESS, J. -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3232 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 CURRENTLY IN THE CUSTODY OF Sebastian Matthew Layser October 30, 2001 Mother and Father 2. The Custody Conciliation Conference reconvened on June 2, 2006, to address Mother's petition for modification of Custody Order entered on November 19, 2004. Attending the conference were: the Father, Matthew A. Layser, and his counsel, Timothy O'Connell, Esquire; the Mother, Candace E. Layser, and her counsel, Paul Esposito, Esquire. 3. The parties reached an agreement in the form of Order as attached. Dat Melissa Peel Greevy, Custody Conciliator :276752 MATTHEW A. LAYSER, Plaintiff VS. CANDACE E. LAYSER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3232 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER I . The petition of Matthew A. Layser respectfully represents that on June 14, 2006, an Order of Court was entered for partial custody, a true and correct copy of which is attached hereto. 2. This Order should be modified because the work schedules of the parties have changed since the order of June 14, 2006. WHEREFORE, petitioner requests that the Court modify the existing Order for partial custody because it will be in the best interest of the child, Sebastian Matthew Layser. Timo J. nne , squire TURNER MqD O'CONNELL 4415 North Front Street Harrisburg, PA 17110 717/232-4551 Attorney for Matthew A. Layser Verification I verify that the statements made in the foregoing Petition for Modification of a Partial Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Date: C - ? -7S MATTHEW A. LAYSER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-3232 CIVIL TERM V. CIVIL ACTION - LAW CANDACE E. LAYSER, IN CUSTODY Defendant HESS, J. -- ORDER OF COURT AND NOW, this A day of June, 2006, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Order of November 19, 2004 is VACATED. 2. Legal Custody. The parties, Matthew A. Layser and Candace E. Layser, shall have shared legal custody of the minor child, Sebastian Matthew Layser. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 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. 3. Physical Custody. Matthew's parenting time, arranged in accordance with the following schedule, is a four week repeating rotation: A. Week one, effective June 7, 2006, Wednesday at 5:00 p.m. until Sunday at 8:30 a.m. B. Week two, effective June 15, 2006, Thursday at 5:15 p.m. until Friday at 6:00 p.m. C. Week three, effective June 22, 2006, Thursday at 5:15 p.m. until Sunday at 8:30 a.m. D. Week four, effective June 29, 2006, Thursday at 5:15 p.m. until Friday at 6:00 p.m. Father shall have custody from Father shall have custody from Father shall have custody from Father shall have custody from E. Mother will have custody at those times when Father does not have custody. NO. 03-3232 CIVIL TERM 4. Transportation. Father will provide transportation at the beginning of his custodial periods when they occur on Wednesdays and Thursdays, by picking up Sebastian at Mother's home. Mother will provide transportation for her custodial period when they begin on Fridays by picking up Sebastian at Father's home. On the two Sunday mornings per four week cycle when Father's custodial period ends at 8:30 a.m., Father will provide the transportation by taking Sebastian to Mother before he goes to work. 5. Holiday Schedule. The attached holiday shall supercede the regular schedule. 6. Vacation. Each party shall be entitled to up to three non-consecutive weeks of custody for purposes of vacation. Each party will provide the other with the minimum of two weeks notice of their intended vacation weeks. In the event the parties' schedules are in conflict, the party first provided written notice shall have choice of the vacation time. 7. Parties may deviate from the terms of this Order by their mutual agreement. However, in the absence of their mutual agreement, the terms of this Order shall control. BY THE COURT: Kevin Pl. Hess, J. Dist: Paul J. Esposito, Esq., 320 Market Street, P. O. Box 1268, Harrisburg, PA 17108-1268 Timothy O'Connell, Esq., 4415 N. Front Street, Harrisburg, PA 17110 1c v In Testimony whereof, and tb6)seal of said Cc RECORD i I ;;to set my hard uct at Carlisle_ Pa_ HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1$` Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2"d Half From 3pm on Thanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 1S' Half From 9am on 12/24 to 3pm on 12/25 Father Mother Christmas 2nd Half From 3pm on 12/25 to 3pm on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :260898 MATTHEW A. LAYSER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3232 CIVIL TERM V. CANDACE E. LAYSER, Defendant HESS, J. -- 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 Sebastian Matthew Layser October 30, 2001 Mother and Father 2. The Custody Conciliation Conference reconvened on June 2, 2006, to address Mother's petition for modification of Custody Order entered on November 19, 2004. Attending the conference were: the Father, Matthew A. Layser, and his counsel, Timothy O'Connell, Esquire; the Mother, Candace E. Layser, and her counsel, Paul Esposito, Esquire. 3. The parties reached an agreement in the form of Order as attached. 6111 Dat Melissa Peel Greevy, Esquire Custody Conciliator :276752 Cam'? -IA- ? ??. o ?? ro ? c.: ?- , `? ??_ r••a MATTHEW A. LAYSER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CANDACE E. LAYSER DEFENDANT 2003-3232 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 11, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 08, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ac ueJine M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabiiites 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 )& --v- j?, 52. C- . L. £ :Z add C I N'll 8001 a MATTHEV A. LAYSER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-3232 CIVIL TERM CANDACE . LAYSER, N/K/A : CIVIL ACTION - LAW CANDACE RODDY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this Z z` day of , 2008, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. I The prior Order of Court dated June 14, 2006 shall remain in full force and effect with the following modifications: 2. The parties rotating set 3 4 5. specifically Paragraph 3 is deleted in its entirety and replaced with the following: ill have shared physical custody of the child on the following two week A. Week 1, effective July 14, 2008, Father shall have physical custody from Monday at 8:00 a.m. to Friday at 5:00 p.m. B. Week 2, effective July 22, 2008, Father shall have physical custody from Tuesday at 8:00 a.m. to Friday at 5:00 p.m. C. Mother shall have physical custody of the child at all other times, except as otherwise set forth in the Order of Court dated June 14, 2006. Paragraph 4 is deleted in its entirety and replaced with the following: shall be shared as agreed by the parties. The child shall attend West School District. All other provisions of the Order of Court dated June 14, 2006 not ?dified herein, shall remain in full force and effect. VUL 18 2000 P 6. This Order is entered pursuant to an agreement of the parties at a Conciliation onference. The parties may modify the provisions of this Order by mutual consent. In a absence of mutual consent, the terms of this Order shall control. 4 BY THE COURT, Kevin ,K. Hess, J. cc*: Tin 7 J. O'Connell, Esquire, counsel for Father E. Roddy infield Circle ?nnon. PA 17020 CoP, a ,ma?l?L. r?131oa Z .6 WV CZ Irlp BE :IHI -110 MATTHE A. LAYSER, Plaintiff V. CANDACE E. LAYSER, N/K/A CANDACE E. RODDY, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2003-3232 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN A CORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDUIDW 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 follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sebastian Matthew Layser October 30, 2001 Mother 'JUL 18 2008 2. A Conciliation Conference was held in this matter on July 17, 2008, with the followin individuals in attendance: Father, Matthew A. Layser, with his counsel, Timothy J. O Connell, Esquire and Mother, Candace E. Layser, n/k/a Candace E. Roddy, pro se. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess, dated June 1 , 2006, providing for shared legal custody, with Mother having primary physical cust dy and Father having 5 overnights in every two-week period. 4 . - 17 Date The parties have agreed to an Order in the form as attached. Ja eline M. Verney, Esqu' Custody Conciliator MATTHEW A. LAYSER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW CANDACE E. LAYSER, NO. 03-3232 CIVIL TERM Defendant IN CUSTODY PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER 1. The petition of Matthew A. Layser respectfully represents that on June 14, 2006, an Order of Court was entered for partial custody, and modified by Order of Court dated July 22, 2008, true and correct copies of which are attached hereto. 2. This Order should be modified because the minor child is frequently late for school while in defendant's custody. WHEREFORE, petitioner requests that the Court modify the existing Order for partial custody because it will be in the best interest of the child, Sebastian Matthew Layser. Timothy J. 'Connell, Esquire TURNER AND O'CONNELL 4701 North Front Street Harrisburg, PA 17110 717/232-4551 Attorney for Matthew A. Layser Verification I verify that the statements made in the foregoing Petition for Modification of a Partial Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: 1-2-6 °7 Matthe ayser cn ,Q MATTHEW A. LAYSER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CANDACE E. LAYSER DEFENDANT 2003-3232 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 05, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 05, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ac ueline M. Verne Es . 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 AIV 70 VI N/1A?,S?N ? d AINno, 80 ?Zl W8 S- 833 MZ [Wf.YC^'??f1?1Cij[.?ir ?.fL?V?8d /q w? VO r MATTHEW A. LAYSER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 03-3232 CIVIL ACTION LAW CANDACE E. LAYSER, N/K/A IN CUSTODY CANDACE E. RODDY, Defendant Prior Judge: Kevin A. Hess, J. ORDER OF COURT AND NOW this / V day of March 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Matthew A. Layser, and the Mother, Candace E. Roddy, shall have shared legal custody of Sebastian M. Layser, born 10/30/2001. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 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. 3. Physical Custody: Mother and father shall share physical custody of the Child on a repeating two week basis as follows: a. In week one, Father shall have physical custody of Sebastian from after school Monday until Friday 4:00 pm whereby Mother shall pick the Child up from Father's residence. Mother shall then have physical custody from 4:00 pm Friday until Tuesday morning. Mother shall drop Sebastian off at Father's house on Monday and Tuesday mornings no' later than 8:00 am. Mother, for this Monday, shall pick up Sebastian directly from school. If Mother is unable to accomplish this, Mother shall immediately notify Father so that other arrangements can be made. b. In week two, Father shall have physical custody of Sebastian from Tuesday after school until Friday 5:00 pm (meeting at Sebastian's extra-curricular activity or some other agreed upon location). Mother shall then have custody of Sebastian from Friday 5:00 pm until Monday morning. Mother shall drop Sebastian off at Father's house no later than 8:00 am Monday morning. C. The parties may by mutual agreement alter said times and locations as necessary or proper. ? 0 :fl1 ? g 1 ??? 64112 Rte`-L? of t w 4. Absent mutual agreement otherwise, the Child shall attend West Shore School District. 5. Counseling: The parties are directed to engage in therapeutic family counseling (the focus of which is to address co-parenting communication issues) with a mutually-agreed upon professional. Father shall, by agreement, initiate said counseling within two weeks of the instant Order. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 6. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 7. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 8. Vacation: Each parent shall have up to three (3) non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent a minimum of two (2) weeks' notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 11. The parties have agreed that upon the recommendation of Sebastian's teacher, Sebastian may benefit from, and shall attend, a summertime reading assistance program. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, '1?1? - lI_ Atlz, Distribution: Y L-I O'Connell, Esquire, 4701 North Front Street, Lle<sica Holst, Esquire ,John J. Mangan, Esquire J PA 17110 J. HOLIDAYS AND TEWES ODD EVEN SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Independence Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Labor Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Thanksgiving 1 S From 6 pm the evening before Mother Farther Half Thanksgiving Day to 3 pm on the day of the holiday Thanksgiving 2° From 3 pm on Thanksgiving Day to Father Mother Half 6 m the day after the holiday Christmas 1 g Half From 9 am on 12/24 to 3 pm on Father Mather 12/25 Christmas 2 Half From 3 pm on 12/25 to 3 pm on Mother Father 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holiday Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the holiday Regular Physical Custodial Schedule Monday Tuesday Wednesday Thursday Frida Saturday Sunda M D D D D D M M M M M D D D D M M M V MATTHEW A. LAYSER, Plaintiff V. CANDACE E. LAYSER, N/K/A CANDACE E. RODDY, Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3232 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCELIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL. PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Sebastian M. Layser 10/30/2001 Shared 2. A Conciliation Conference was held with regard to this matter on March 12, 2009 with the following individuals in attendance: The Mother, Candace Roddy, with her counsel, Jessica Holst, Esq. The Father, Matthew Layser, with his counsel, Timothy O'Connell, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John/. M gan, Esquire Cust dy Conciliator