Loading...
HomeMy WebLinkAbout07-2472BUFFIE D. WEIAND, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY GENE R. WEIAND, Defendant :NO. ,67 - ogg7 ? ? ?FA? 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 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 BUFFIE D. WEIAND, Plaintiff V. GENE R. WEIAND, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY :NO. 0'7 - -?t/7;t,, at CJ-'L'-7iPun COMPLAINT AND NOW comes the Plaintiff, Buffie D. Weiand, who, by and through her attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, and Beckley & Madden, of Counsel, files this Complaint, in which she avers that: 1. Plaintiff, Buffie D. Weiand, is an adult individual residing at 71 Southmont Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Gene R. Weiand, is an adult individual residing at 208 Eden Derry Way, Enola, Cumberland County, Pennsylvania 17025. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on July 24, 1999. 5. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Paragraphs 1 through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. Plaintiff's marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Buffie D. Weiand, respectfully requests the Court to enter a Decree of Divorce. COUNT II REQUEST FOR A FAULT DIVORCE UNDER SECTIONS 3301(a)(6) OF THE DIVORCE CODE 11. The averments contained in Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. Defendant has offered such indignities to plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 13. This action is not collusive as defined by 23 Pa.C.S. §3309. WHEREFORE, pursuant to 23 Pa.C.S.A. §3301(a)(6), Plaintiff, Buffie D. Weiand, respectfully requests the Court to enter a Decree of Divorce. COUNT III EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 14. The averments contained in Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full. 2 15. Plaintiff and Defendant have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 16. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 17. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, pursuant to 23 Pa.C.S.A. §3502, Plaintiff, Buffie D. Weiand, respectfully requests the Court to divide all marital property equitably between the parties. COUNT IV REQUEST FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 18. The averments contained in Paragraphs 1 through 17 of this Complaint are incorporated herein by reference as though set forth in full. 19. Plaintiff is unable to sustain herself during the course of litigation. 20. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment in accordance with the standard of living established during the marriage. WHEREFORE, pursuant to 23 Pa.C.S.A. §3701, Plaintiff, Buffie D. Weiand, respectfully requests the Court to enter an award of alimony in her favor. 3 COUNT V ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 21. The averments contained in Paragraphs 1 through 20 of this Complaint are incorporated herein by reference as though set forth in full. 22. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 23. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, pursuant to 23 Pa.C.S.A. §3702, Plaintiff, Buffie D. Weiand, respectfully requests the Court to enter an award of alimony pendente lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. COUNT VI REQUEST FOR CUSTODY, PARTIAL CUSTODY, AND/OR VISITATION UNDER SECTION 5303 OF THE DIVORCE CODE 24. Plaintiff seeks primary physical custody of the following Child: Name Present Residence Age Jacob W. Weiand 71 Southmont Drive 6 Enola, PA 17025 The Child was not born out of wedlock. 25. The Child is presently in the custody of Plaintiff who resides at 71 Southmont Drive, Enola, Cumberland County, Pennsylvania 17025. 26. During the past five years, the Child has resided with the following persons and at the following addresses: 4 Persons Plaintiff and Defendant Bethany Limes Ryan Limes Gabriel Weiand Address 208 Eden Derry Way Enola, PA 17025 Dates birth till 4/7/07 27. The Mother of the Child is Buffie D. Weiand, currently residing at 71 Southmont Drive, Enola, Cumberland County, Pennsylvania 17025. 28. The Father of the Child is Gene R. Weiand, currently residing at 208 Eden Derry Way, Enola, Cumberland County, Pennsylvania 17025. 29. The relationship of Plaintiff to the Child is that of Mother. Plaintiff currently resides with the following persons: The parties minor Child and her two children from a previous marriage, Bethany and Ryan Limes. 30. The relationship of Defendant to the Child is that of Father. Defendant currently resides with the following persons: His child from a previous marriage, Gabriel Weiand. 31. 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. 32. Plaintiff has no information of a custody proceeding concerning the Child pending in a court of this Commonwealth. 33. 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. 34. The best interest and permanent welfare of the Child will be served by granting the relief requested because Plaintiff has been the primary caretaker of the Child since birth. 35. Each parent whose parental rights to the Child have not been terminated 5 and the person who has physical custody of the Child has been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the Child will be given notice of the pendency of this action and the right to intervene. WHEREFORE, pursuant to 23 Pa.C.S.A. §5303, Plaintiff, Buffie D. Weiand, respectfully requests the Court to grant her primary physical and joint legal custody of the parties' minor Child. DATED: ?'1'? -y of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 6 Respectfully submitted, VERIFICATION I, Buffie D. Weiand, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATED: t?I?.a? Buffs . W.eiand N 7 Q ?w o ? Jz ? c c p --1 ^ `ti ? ?it7 (O7Z) r BUFFIE D. WEIAND IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-2472 CIVIL ACTION LAW GENE R. WEIAND IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 02, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 01, 2007 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ john. Man an r. Es q. Custody Conciliator JA' 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 Z MI'v''' JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff GENE WEIAND, Plaintiff V. BUFFIE WEIAND, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07-2472 Civil Term :CIVIL ACTION - LAW :IN DIVORCE PLAINTIFF GENE WEIAND'S PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE AND NOW, this 0?-aay of May, 2007, comes the Petitioner, Gene Weiand by and through his attorney, Joanne Harrison Clough, Esquire, and files this Petition for Exclusive Possession of Marital Residence and in support thereof aver as follows: 1. Petitioner Gene Weiand is represented by Joanne Harrison Clough, Esquire. 2. Respondent Buffie Weiand is represented by Elizabeth Beckley, Esquire. 3. The marital residence is located at 208 Edenderry Way, Enola, Cumberland County, PA 17025. 4. On or about the 4th day of April, 2007, the Respondent Buffie Weiand vacated the marital residence and moved in to a residence she purchased located at 71 Southmont Drive, Enola, Cumberland County, PA, 17025. 5. Respondent Buffie Weiand did in fact vacate the marital residence and is now residing at a new home she purchased, and Petitioner Gene Weiand continues to reside in the marital residence with the following people; a. Himself b. Gabriel Weiand son c. Jacob Weiand son 6. The Petitioner Gene Weiand and his son Gabriel Weiand, age 18, have been exclusively residing at the marital residence since April 4 h of 2007. The parties' minor son Jacob also resides at the marital residence with his father and brother during his periods of custody with Jacob. 7. Respondent Buffie Weiand has continued to return to the marital residence unannounced on numerous occasions to go through the property and remove property without Petitioner's knowledge or permission and has threatened to forcibly entered the home causing damages to doors and windows. 8. Since Respondent entered the home Petitioner Gene Weiand is missing bills, copies of checks, and evidence needed for the Domestic Relations conference and further Court proceedings. 9. Respondent Buffie Weiand has made threatening statements to Petitioner husband indicating she will continue to repeatedly enter and damage the premises and remove property without any legitimate purpose to simply cause him additional stress, cost, and inconvenience in the divorce process. 10. Prior to moving into her new home, Respondent Buffie Weiand and Gene Weiand had an oral personal property division agreement, and Respondent Mrs Weiand has 2 removed all of her pre-marital belongings and the agreed upon marital property, including outside plants. There is no reason for her to be on the premises. 11. Respondent Buffie Weiand has vacated the marital residence and has her own residence, and there is no need for her to make unscheduled visits or to be present at or on the real property located at 208 Edenderry Way, Cumberland County, Pennsylvania, except for the periods of custodial exchanges with the child. any other access she may wish can be arranged and scheduled through legal counsel or the parties. 12. Petitioner husband is requesting the Court grant him exclusive possession of the marital residence during the pendency of the divorce so as to preserve and protect the marital residence and prevent further dissipation, damage, and disposalation of this asset by Respondent wife. 13. Respondent Buffie Weiand and her counsel do not concur with this Request for Exclusive Possession. 14. This case has not been previously assigned to a Judge. WHERFORE, Petitioner husband Gene Weiand respectfully requests this Court to enter the attached Proposed Order granting exclusive possession of the marital residence to Gene Weiand, and further directing that Respondent wife, Buffie Weiand not be permitted to enter the premises without advance notice to Petitioner and only at such times as Petitioner agrees and where Petitioner is present, and grant any further relief this Court deems appropriate. Respectfully submitted, Dated: - By: Joanne Harrison Clou squire Attorney I.D. No. 36 61 24 N. 32nd Street Camp Hill, PA 17011 Telephone No. 717-737-5890 Attorney for Plaintiff Thomas Rayburn 4 VERIFICATION I, Gene Weiand, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made su"t to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. w DATE: Q-7 o?'e? Gene Weiand CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States First Class Mail to the following individual set forth below: Elizabeth S. Beckley, Esquire BECKLEY & MADDEN Cranberry Court 212 North Third Street PO BOX 11008 Harrisburg, PA 17108-1998 . 51/ G /v"7 Date. Attorney ID No. 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Defendant ?, ? [? e? ?i"1 :- --v i i ,' 1 ? ?? t-=- rj ? ?? ? ?-? ?,S BUFFIE D. WEIAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW IN DIVORCE/CUSTODY GENE R. WEIAND, :NO. 0'7- aLj7a Ct\jjI TV-YarV\ Defendant ACCEPTANCE OF SERVICE I, Joanne Harrison Clough, Esquire, hereby accept service 'of the Divorce and Custody complaint filed in the above-captioned action on behalf of the Defendant, Gene .1 1 R. Weiand. DATED: ? 1 $ e09 C7 ? ?-? ?" .--? ....t ^^" 1- 1`if'. ..? . i ? _. -? - ?;. l,-- , ,?,,.. ;? jTi ?1 ? . :; ,?..5 My 17 i00 T11--" Attorney for Plaintiff GENE WEIAND, Plaintiff V. BUFFIE WEIAND, Defendant AN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07-2472 Civil Term :CIVIL ACTION - LAW AN DIVORCE RULE TO SHOW CAUSE AND NOW, this ?,? day of May, 2007, upon review of the attached Petition for Exclusive Possession of the Marital Residence, a Rule is hereby issued against the Respondent, Buffie Weiand to show cause, if any, why this Petition for Exclusive Possession should not be granted in favor of Petitioner Gene Weiand granting him exclusive possession of the marital residence. Rule returnable within o?D days of date of service. J. IxCl?e ? • ? ..1 Hi -10 BUFFIE D. WEIAND :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :CIVIL ACTION - LAW VS. :IN DIVORCE/CUSTODY GENE R. WEIAND, :NO. 0? _ O a,,T;? Defendant ACCEPTANCE OF SERVICE I, Joanne Harrison Clough, Esquire, hereby accept service of the Divorce and Custody complaint filed in the above-captioned action on behalf of the Defendant, Gene R. Weiand. DATED: ? - $ -- 0-1 ?? ? ? ? Cl ""f?'T; ?k ?.? ! r„ R? b~ ' ~'t .. . y `:?:_.. .... ? l G+4% :?, _. _. r1? BUFFIE D. WEIAND, :IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE GENE R. WEIAND, Defendant/Petitioner :NO. 07-2472 NOTICE TO PLEAD TO: Gene R. Weiand, c/o Joanne Harrison Clough, Esquire 24 N. 32nd Street Camp Hill, PA 17011 You are hereby notified to file a written response to the enclosed Plaintiff/Respondent's Answer and New Matter to Defendant's/Petitioner's Petition for Exclusive Possession of Marital Residence within twenty (20) days from service hereof or a judgment may be entered against you. DATED: June 8, 2007 Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, Pennsylvania 17108 (717) 233-7691 BUFFIE D. WEIAND :IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY GENE R. WEIAND, Defendant/Petitioner :NO. 07-2472 ANSWER OF PLAINTIFF/RESPONDENT BUFFIE D. WEIAND TO DEFENDANT/PETITIONER GENE R. WEIAND'S PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE AND NOW comes Plaintiff/Respondent Buffie D. Weiand ("Wife"), who, by and through her attorneys, Elizabeth S. Beckley, Esquire and Beckley & Madden, of Counsel, files this Answer to Defendant/Petitioner Gene R. Weiand's ("Husband") Petition for Exclusive Possession of Marital Residence, stating: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated. Wife's actual moving date was April 7, 2007. By way of further answer, the residence situated at 208 Edenderry Way, Enola, Cumberland County, Pennsylvania ("the Property") is jointly owned by Husband and Wife as tenants by the entirety. 5. Denied as stated. Jacob Weiand, who is the parties' minor son, only resides at the Property when he is in Husband's custody. 6. Denied as stated. Husband and Gabriel Weiand (who is not the parties' son) have been residing at the Property since April 7, 2007. It is admitted that the parties' son Jacob also resides at the Property when in his Father's custody. 7. Denied. Since Wife moved out of the Property, she has never returned without Husband's knowledge. Wife has not removed anything from the Property that the parties' did not agree to when they separated. In fact, Wife has only been back to the Property twice since she moved out. About a week after she moved out, she returned to get some things out of the shed. Husband was present and helped her move her things. About three weeks after Wife moved out, she returned to the Property, specifically the yard, to get some plant clippings. Husband was aware of this as she had informed him before she went. Other than those two occasions, the only time Wife has been to the Property is for custody exchanges of the parties' son Jacob at which Husband has always been present. By way of further answer, after Wife left the Property Husband informed her that he had changed the locks. Thus, upon information and belief, Wife has no way to access her Property. Wife has never threatened to enter the Property forcibly, or to damage the Property. 8. After reasonable investigation, Wife is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments of paragraph 8 of Husband's petition, and demands strict proof thereof, if material, at the hearing of this matter. By way of further response, Wife has not removed bills, copies of checks or similar documents from the Property. 9. Denied. Wife has never made any of the statements attributed to her in paragraph 9 of Husband's petition. By way of further answer, after Wife left the Property Husband informed her that he had changed the locks. Thus, upon information and belief, Wife has no way to access the Property. 10. Admitted in part and denied in part. It is admitted that Husband and Wife had an agreement concerning what items Wife would take with her when she moved. It is denied that Wife has removed all of those items from the Property. There are still some items at the Property that the parties agreed Wife would take but has not yet done so because she will require the assistance of several people to obtain these items. As an owner of the Property, Wife has the right to have access to the Property. 11. Denied. Wife is a joint owner of the Property. She has the legal right to enter her property if she chooses to do so especially to ensure that it is being properly maintained. 12. Denied. Husband's petition sets forth no legal basis upon which to grant him sole possession of the Property as Wife has not damaged, harmed or devalued any portion of the Property or its contents. 13. Admitted. 14. Admitted. WHEREFORE, Wife respectfully requests the Court to enter an Order dismissing Husband's petition, and awarding Wife $1,000.00 in counsel fees incurred in responding thereto, and such other and further general relief which the Court deems appropriate. NEW MATTER 15. Wife owns the Property jointly with Husband. 16. As a joint owner, Wife has the legal right to enter the Property. 17. Husband has not leased the Property, and no writing or agreement exists which limits Wife's right to enter her Property. 18. Husband's petition sets forth no legal basis upon which to grant him sole possession of the Property. 19. Husband's petition fails to set forth a basis upon which relief may be granted. WHEREFORE, Wife respectfully requests the Court to enter an Order dismissing Husband's Petition, and awarding Wife $1,000.00 in Counsel fees incurred in responding thereto, and such other and further general relief which the Court deems appropriate. DATED: Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 liza th S. Bec Atto ey for Buffie D. Weian VERIFICATION I, Buffie D. Weiand, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATED: Buffi I Weiand CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Joanne Harrison Clough., Esquire 24 N. 32"d Street Camp Hill, PA 17011 DATED: J lizab h S. Bec _ ,° a _? ? -' y y r _-- ;.:.; ':'? ? '} JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32"d Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attornev for Plaintiff GENE WEIAND, Plaintiff V. BUFFIE WEIAND, Defendant AN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07-2472 Civil Term :CIVIL ACTION - LAW :IN DIVORCE PLAINTIFF GENE WEIAND'S REPLY TO NEW MATTER AND NOW, this ? day of June, 2007, comes the Petitioner, Gene Weiand by and through his attorney, Joanne Harrison Clough, Esquire, and files this Reply to New Matter and avers as follows: 15. Admitted. 16. Admitted in part. It is admitted that Wife may have legal the right to enter the property at the present time; however Petitioner is requesting the Court grant him exclusive possession of the marital residence and limit Wife's right to have unlimited access to said property and grant the relief requested in the Petition for Exclusive Possession since Wife has subsequently relocated in April of 2007 to a residence she purchased and has no need to continue to have unscheduled access to martial residence where she has repeatedly re-entered the home and taken documents and other items of Petitioner's, and otherwise disrupted Petitioner by entering the home. The Court has the A legal authority to grant exclusive possession of the residence to Petitioner under Section 3502 ( c ) of the Pennsylvania Divorce Code. 17. Admitted. 18. Denied. This is a legal conclusion in which no responsive averment is required. 19. Denied. This is a legal conclusion to which no responsive averment is required. By way of further explanation, Petitioner's Petition sets forth the specific relief requested and the basis upon which said relief may be granted. "ERFORE, Petitioner husband Gene Weiand respectfully requests this Court to enter an Order granting exclusive possession of the marital residence to Petitioner Husband and awarding Wife, Buffie Weiand, the right to have access to the residence upon 24 hours notice at a specific time(s) scheduled and to be arranged through the parties' respective counsel. Petitioner further requests the Court dismiss Respondent's request for an award of counsel fees that she raised in her New Matter, and grant any further relief this Court deems appropriate. Respectfully submitted, Dated: -- 7? 61 By: Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 Telephone No. 717-737-5890 Attorney for Plaintiff Thomas Rayburn 2 VERIFICATION I, Gene Weiand, hereby verify and state that the facts set forth in the foregoing pleading, are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn verification to authorities. DATE: -4? Jo Gene Weiand CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States First Class Mail to the following individual set forth below: Elizabeth S. Beckley, Esquire BECKLEY & MADDEN Cranberry Court 212 North Third Street PO BOX 11008 Harrisburg, PA 17108-1998 Date: ba 1 of Joanne HWYnson Cloug Attorney ID No. 36461 24 N. 32"a Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Defendant t'? ? C c._ cp GENE WEIAND, Plaintiff V. BUFFIE WEIAND, Defendant ou.:oaa? J ?r :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07-2472 Civil Term :CIVIL ACTION - LAW :IN DIVORCE ORDER FOR HEARING ON PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION 117? AND NOW, this ! 3 day of '2007, upon review of the Answer and New Matter filed by Defendant and the Reply to New Matter filed by Plaintiff, a hearing on Plaintiff Gene Weiand's Petition For Exclusive Possession of the Marital Residence is scheduled for the day of _ A!0, 2007, at in Court Room number , Fourth Hoor, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. t s P4 5e - TW, MA e 'A -rk A.01A 0 . odP.a1 ti-we q Z :u Ild C 6 3Iqr toot AUG-14-2007 TUE 02;27 PM Beckley & Gladden FAX NO. 7172333740 JOANNE HAMSON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.A. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attornev for Plaintiff GENE WEL4 ND, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 07-2472 Civil Term BUFFIE WEIAND, :CIVIL ACTION - LAW Defendant :IN DIVORCE STIPULATION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE THIS IS A STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between GENE WETAND (hereinafter referred to as "petitioner") and BUF IE WEIAND (hereinafter referred to as "Respondent"). WHEREAS, Petitioner filed a Petition for Exclusive Possession of Marital Residence located at 208 Edenderry Court, Enola, Cumberland County, Pemisylvania, on May 16, 2007; WHEREAS, Respondent filed an Answer and New Matter to Petitioner's Petition for Exclusive Possession on June 11, 2007; P. 03 WHEREAS, Petitioner filed a Reply to New Matter on or about June 29, 2007; acid AUG-14-2007 TUE 02;27 PM Beckley & Madden FAX NO. 7172333740 WHEREAS, the Parties have reached an agreement to resolve said Petition for Exclusive Possession of Marital Residence and wish to reduce said agreement to a Court Order. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound hereby, the parties stipulate and agree as follows: 1. Gene Weiand shall have exclusive possession of the marital residence located at 208 Edenderry Court, Enola, Cumberland County, PA until further Order of Court; and 2. Buffie Weiand shall have access to the marital residence only after providing 48 hours written notice requesting access and scheduling a specific: date and time for access to said property at a time when Gene Weiand shall be present; and 3. Buffie Weiand shall not remove any personal property fiom said residence without the written consent of both parties or Order of Court; and 4. Both parties agree the attached proposed Order of Court shall be entered in this action. IN WITNESS WHEREFORE, thyTarties hereto intending to be legally bound by tl}e P. 04 terms hereof, set forth their h s id eats the day and year set forth below. WI SS: Jo oa Clough, Esq it Date ene Weiand Counsel for G9ne Wei d / Date Buffie a cl Counsel for Buffie Wei 2 -Ti A AUG-14-2007 TUE 02:27 PM Beckley & Madden FAX NO. 7172333740 i. 02 AUG 162D07A JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32" d Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Aftornev for Plaintiff GENE WEIAND, P12intiff V. BUFFIE WEIAND, Defendant AN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07-2472 Civil Term :CIVIL ACTION - LAW :1N DIVORCE ORDER R EXCLUSIVE POSSESSION AND NOW, this aZ__ day of August, 2007, upon review of the Stipulation entered into by the parties and attached hereto, and in accordance with the parties' request, it is hemby ORDEOD that Petitioner, Gene Weiand, shall have exclusive possession of the marital residence located at 208 Edenderry Court, Enola, Cumberland County, Pennsylvania until further order of Court. It is specifically directed that the Respondent, Buffie Weiand, shall have access to the marital residence after providing 48 hours written notice requesting access and scheduling a specific date and time for access at the marital residence when (Petitioner shall be present. Respondent shall not remove any personal property from the residence without written agreement of both parties or THE 1. further Order of Court. 0 yy rIn ?, .• J:? ,Iv . j °i0 "9 wV 9'_ d3S LOOZ AHVIG I't << dd 3Hl JO V 1 OCT 012007?kf/ BUFFIE D. WEIAND V. GENE R. WEIAND Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-2472 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this 274y of October, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: The Father, Gene R. Weiand and the Mother, Buffie D. Weiand, shall enjoy shared legal custody of the minor child, Jacob W. Weiand. The parties 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. 2. Physical Custody: The Father and Mother shall share physical custody pursuant to the following schedule. Commencing Friday, June 1, 2007, Father shall have physical custody of Jacob Friday evening through Wednesday June 6, 2007 morning. Mother shall have physical custody Wednesday evening June 6, 2007 through Tuesday June 12, 2007. Father shall have custody Tuesday June 12, 2007 evening through Thursday June 14, 2007 morning. Mother shall have custody June 14 evening through Saturday June 16 morning. Father shall have June 16 evening through Wednesday June 20, 2007 morning. Mother shall have Wednesday June 20, 2007 evening through Monday June 25, 2007 morning. Father shall have Monday June 25, 2007 evening through Thursday June 28, 2007 morning. Mother shall have June 28, 2007 evening through Saturday June 30, 2007 morning. Father shall have Saturday evening June 30, 2007 through Wednesday July 4, 2007 morning. (It is understood that Father has 7/4/07 off from work and his alternating holiday begins this day.) Mother is to have Wednesday evening July 4, 2007 through July 10, 2007 morning. Father shall have July 10 evening through July 16, 2007 morning. Mother shall have July 16 evening through July 18, 2007 morning. Father shall have July 18, 2007 evening through July 21, 2007 morning. Mother shall have July 21, 2007 through Wednesday morning July 25. The schedule commencing June 14, 2007 through July 25, 2007 shall be repeated going forward. The exchange times and locations shall be mutually agreed to by the parties. The parties may alter this schedule upon mutual agreement. 3. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 4. In the event of a medical emergency, the custodial parry shall notify the other parties as soon as practicable after the emergency is handled. 5. 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. 6. The Mother and Father shall facilitate engaging in a custody evaluation performed by a mutually agreed upon evaluator. The cost of this evaluation shall be split equally between the parties. 7. In the event that the custodial parry is in need of a babysitter for more than two hours, the custodial parent shall contact the non-custodial parent and offer said babysitting opportunity to the non-custodial parent. 8. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. Holidays and birthdays shall be alternated and arranged as mutually agreed upon with Father having 7/4/07 to begin. It is understood that Mother always has Mother's Day and Father always has Father's Day. 10. 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. The parties are directed to contact the assigned Conciliator once the custody evalu4*n has been completed for any modifications to this Order. J. Cc: l zabeth Beckley, Esquire, 212 N. Third Street, Harrisburg, PA 17108 ?Toanne Harrison Clough, Esquire, 24 North 32°d Street, Camp Hill, PA 17011 Xhn J. Mangan, Esquire Z l . 1-!V C- I?A LOOZ ,. --Hi 20 BUFFIE D. WEIAND Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-2472 Civil Term GENE R. WEIAND Defendant ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jacob W. Weiand 6 years old Shared legal and physical 2. A Conciliation Conference was held on June 1, 2007 with the following individuals in attendance: The Father, Gene R. Weiand, with his counsel, Joanne Harrison Clough, Esquire The Mother, Buffie D. Weiand, with her counsel, Elizabeth S. Beckley, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: L Jo J. Pik ganYEquire Custody Concil !JUL 2 2 2008 BUFFIE D. WEIAND, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 07-2472 Civil Term GENE R. WEIAND, : CIVIL ACTION - LAW Defendant : IN CUSTODY Prior Judge: Edward E. Guido, J. .41COURT ORDER AND NOW, this ?_day of July 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: I. The prior Order of Court dated October 2, 2007 is hereby VACATED. 2. LEGAL CUSTODY: The Father, Gene R. Weiand and Mother, Buffie D. Weiand shall have shared legal custody of the minor child, Jacob W. Weiand, born on October 26, 2000. 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, welfare and religion. Both parties specifically agree that all major parenting decisions concerning their child shall be made by them jointly after discussion and consultation with each other with a view of obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's right to share legal custody of the child. Each party agrees not to attempt to alienate the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child which could be reasonably expected to be a concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody of the child. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby, however, that parent shall inform the other of the 3 2 emergency and consult with him or her as soon as possible under the particular circumstances. Pursuant to the terms of 23 Pa.C.S. section 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 and telephone number of the child and of the other parent. It is specifically understood that each parent shall be entitled to complete and full information from any school, doctor, dentist, teacher, professional or authority and have copies of any reports given to either party as parent. It is specifically agreed that the parent having physical custody during the school year shall assure that the other parent receives all school records, report cards, school pictures, parent/teacher conferences notices in a timely fashion such that the other party can meaningfully participate, school activity calendar and any other information in a timely basis during the school year. To the extent one parent has possession of any such records or information by virtue of the actual physical custody schedule being followed, that parent shall be required to share the same or copies thereof with the other parent, regardless if the custodial parent deems it important or not, within such reasonable time as to make the records or information of reasonable use to the other parent. 3. PHYSICAL CUSTODY: Physical Custody of the minor child shall be as follows: 3a. PHYSICAL CUSTODY DURING THE SCHOOL YEAR: During the school year, Mother shall have primary physical custody of Jacob, and Father shall have partial physical custody at such times set forth below: 1. On alternating weekends from after school Friday, or when Father gets off work if it is a scheduled work day, until Monday morning drop off at school or daycare. In the event there is no school on one of Father's Mondays, he shall have the right, at his option, to keep the child until Mother is home from work on said Monday evening(s); and 2. Father shall also have one evening a week from after school or daycare until drop off at school or daycare the next morning. If at all possible, Father's additional one evening per week of partial custody should consistently be Thursday and Father should do everything 3 possible with his work schedule to create consistency and predictability for the child. If however Thursday evening is not possible given Father's work schedule, then Father shall pick an evening as close to Thursday as possible based on his work schedule and provide Mother with reasonable notice of said selections. 3b. PHYSICAL CUSTODY DURING SUMMER SCHOOL VACATION: During summer school vacation the parties shall have shared physical. custody of Jacob as set forth in the attached October 2, 2007 physical custody schedule in Paragraph 2 of said Order. It is specifically understood that under Father's current work schedule, he receives a six week work schedule and that the parties shall share 50150 physical custody time of the minor child Jacob during the summer months. The summer vacation shall start the day after the last day of school and end seven days before the start of the new school year. 3c. PARENTS' SUMMER VACATION WITH CHILD: Not withstanding the foregoing, each parent shall have the right to have physical custody of Jacob for two (2) non-consecutive one week periods of summer vacation with the child, said period of time shall not include the other parents weekend unless specific written permission to usurp the other parents weekend is granted in writing at least 14 days prior to the exercising of said one week custody period. Notwithstanding the foregoing, both parties acknowledge that traditional summer rentals run from Saturday to Saturday or Sunday to Sunday, so if a party selects such a vacation with the child, then the other party shall cooperate and permit said vacation period which shall be reciprocated by the vacationing party. 3d. SUMMER 2008: It is specifically agreed for the summer of 2008 that the parties shall exercise at minimum the following specific periods of vacation with the child: 1. Mother shall have physical custody of Jacob from July 5, 2008, at 6:30 a.m. through July 12, 2008, at which time she shall return the 4 child to Father on Sunday, July 13, 2008 by approximately 6:30 a.m. 2. Father shall have physical custody of Jacob from July 18, 2008, at 6:30 a.m. through July 25, 2008. Father shall return the child to Mother by delivering the child to summer camp on July 28, 2008, at 6:30 a.m., on her next regularly scheduled day of physical custody pursuant to the current schedule the parties are following. 3. In consideration of Mother and Father agreeing to the two afore listed weeks of vacation for the respective parties, Father agrees to give Mother one of "his" days of summer custody of Jacob which shall be exercised on July 30, 2008. It is specifically understood that neither parent shall select extended vacation during the school year unless school is not in session or the school excuses the child's absence. 4. HOLIDAYS: The parties shall alternate the following major holidays: July 4th, Labor Day, Thanksgiving, Christmas Segment A, Christmas Segment B, Easter and Memorial Day, commencing with Mother having custody of the child on July 4, 2008. Unless specifically noted here below, holiday time shall be exercised from 9:00 a.m. the morning of the holiday until 9:00 p.m. the evening of the holiday unless it is the same parents regular over night, then that parent shall keep the child over night. Not withstanding the foregoing; Segment A of the Christmas holiday shall be exercised from noon on December 24th until noon on December 25th and Christmas Segment B shall be exercised from noon on December 25th until noon on December 26th. Segment A and Segment B shall be alternated annually between the parties in this alternating schedule. Father shall have Segment A of Christmas commencing in 2008, and Mother shall have Segment B in 2008 in all even calendar years thereafter. Father shall have Segment B in all odd calendar years. Not withstanding the foregoing, Father shall always have custody of the child on Father's Day from 9:00 a.m. until 9:00 p.m. and Mother shall always have custody of the child on Mother's Day from 9:00 a.m. until 9:00 p.m. unless both parents mutually agree to switch due to work schedules. 5 5. TRANSPORTATION: The transportation shall be shared equally between the parties as mutually determined by the parties. In the event the parties are unable to agree to transportation responsibilities, then the party receiving custody of the child shall travel to get the child from the other parent or school or daycare as long as neither party moves more than 20 miles from his or her current residence. 6. RIGHT OF FIRST REFUSAL: Both parties specifically agree to provide to the non-custodial parent the right of first refusal if the custodial parent is not available for an overnight as set forth in the custody schedule. Both parties agree that the child spending an overnight or visit with family relatives shall not be construed as a violation of this paragraph. 7. EXTRACURRICULAR ACTIVITIES: Both parties must consent and agree to the child being enrolled or participating in any extracurricular activities. Each party shall provide the other party with at least 48 hours advanced notice of the child's school or other activities whenever possible. Both parties agree to honor and participate in the activities in which the child wishes to engage. During the time each parent has physical custody of the child each parent will make certain the child attends any extracurricular activities. The parties further agree to be supportive of the activities and agree to transport the child to and from such activities and preparation and practice for the activities that are schedule at such a time so that the child is able to participate in those events. Neither parent shall commit the child to activities that fall on the other parent's period of custody without the consent of the other parent, which consent shall not be unreasonably withheld. If the child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However the custodial parent shall not be required to take the child to that activity if the custodial parent and the child are out of town during that activity for a previously scheduled vacation. If the custodial parent is unable to deliver the child to the particular activity, the parent who has custody of the child at that time shall notify the non-custodial parent who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make sure that the child is ready for pick up in time sufficient to enable the child to timely attend the activity. 6 8. TELEPHONE CALLS: The parties shall use common sense in scheduling telephone calls to talk to the child and each party shall refrain from preventing the other party from talking to the child when he or she calls, or in preventing the child from calling the other party, provided that the calls are not excessively frequent, not too long in duration or at inappropriate times such that they disrupt the child's schedule. It is understood that there is no designated time frame for the daily call, both parties acknowledge that 7:00 p.m. is the preferred time to place calls to try to assure availability and consistency in contact. Each party shall provide the other parent with a telephone number where the child can be contacted at all times. Furthermore, the custodial parent shall turn off anything that may be deemed a distraction during the call i.e. TV, video, pet and the custodial parent shall leave the room and grant the child privacy with the non-custodial parent. 9. DISPARAGING REMARKS: The parties and any third parties in the presence of the child shall take all measures deemed necessary to foster a feeling of affection between the child and the other party. Neither party shall do nor shall either party permit any third party to do or say anything which may estrange the child from the other parent, their spouse, significant others or relatives, or injure the child's opinion of the other party or which may hamper the free and natural development of the child's love and respect for the other parent. Neither party shall make or permit others to make disparaging remarks about the other parent in the presence of the child. It is cautioned that since the child is almost eight (8) years old at this time, that no dialogue about the divorce, custody, or other issues related to the child or the parents be discussed within hearing distance of the child. The parties shall not use the child to convey verbal messages to the other parent about custody, divorce, support or any other such matters including any changes in the custody schedule, nor shall either party provide the child with any written communication to deliver to the other parent except for school paperwork and event activities. Both parents specifically are prohibited from using the child as a messenger to communicate with the other parent. 10. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the 7 child's health, maintenance and education with a view towards obtaining and following a harmonious policy in the child's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and the custody schedule. EACH PARTY MUST PROVIDE THE OTHER PARTY WRITTEN NOTICE OF ANY CHANGE IN ADDRESS OR TELEPHONE NUMBER WITHIN ONE WEEK PRIOR TO ANY CHANGE IN ADDRESS OR TELEPHONE NUMBER. Each party shall supply the name, address and telephone numbers of any persons in whose care the child will be placed outside of the party's residence for a period in excess of twenty four (24) hours and for each person or entity which may provide daycare for the child excluding any current daycare provider, relatives or public school institutions. 11. ]ILLNESS OF THE CHILD: Emergency decisions regarding the child shall be made by the parent then having custody however, in the event of an emergency or serious illness of the child at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical informing the other party of the nature of the illness or emergency as soon as practical, so the other party can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of 24 hours or which places the child under the direction of a licensed physician and/or also includes any emergency treatment requiring a visit to a hospital, orthopedic office or other medical specialist. 12. WELFARE OF THE CHILD TO BE CONSIDERED: The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Stipulation and subsequent Court Order. Both parties shall always place the best interest of the child first in addressing any issues concerning the custodial schedule and requested changes to the schedule or any other parenting issues. 13. SMOKE/DRINK/ILLEGAL SUBSTANCES: No party shall smoke in any part of a confined area with the child present. Nor shall any party permit any other person to smoke in any part of a confined area with the child present including an automobile. No party shall drink alcoholic beverages in excess or consume 8 illegal substances when in the presence of the child and no party shall be under the influence of alcoholic beverages to excess or be under the influence of any illegal substances when in the presence of the child. 14. CO-PARENTING/PARALLEL PARENTING COUNSELING: Both parties agree to participate in parallel parenting or co-parenting therapy as determined by a mutually selected therapist with a goal of establishing a co-parenting plan that gives them some type of uniform decision regarding co-parenting issues like completion of school work and bedtimes in order to try to provide some consistencies for the minor child. This co-parenting therapy shall be utilized to develop a plan that takes into consideration those issues that are important for uniformity for the child regardless of which house he is currently physically residing and for identifying areas that can be more flexible related to each parent's individual parenting style. Co-parenting costs shall be divided equally between the parties and the parties shall utilize any insurance coverage that may be available to either party. Any non- covered cost should be divided equally between the parties. Both parents are also encouraged to utilize the parent education and co-parenting classes to help them understand what is expected from each of them in terms of promoting a positive relationship between the minor child and the other parent despite the level of conflict that may exist between the parties. 15. MODIFICATION: The parties are free to modify the terms of this Order if and only if both parties are in complete agreement to any such modification and said modification is in writing signed by both parties. In the event both parties are not in complete agreement to any proposed change, then the terms of this Court Order shall control and remain in full force and effect until modified by the Court. Cc: lizabeth Beckley, Esquire, 212 N. Third Street, Harrisburg, PA 17108 T anne Harrison Clough, Esquire, 24 North 32nd Street, Camp Hill, PA 17011 ? John J. Mangan, Esquire r ,' L 7411[08 J. CO. as m'7? l 9 t_ej !L`" . r - s'ti'r I? T C : I I WV ?z lAr BOOZ d DA ?o BUFFIE D. WEIAND, Plaintiff V. GENE R. WEIAND, Defendant Prior Judge Edward E. Guido, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07-2472 Civil Term CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION 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 Jacob W. Weiand 10/26/2000 Shared legal and physical 2. A Conciliation Conference was held with the following individuals in attendance: The Father, Gene R. Weiand, with his counsel, Joanne Harrison Clough, Esquire The Mother, Buffie D. Weiand, with her counsel, Elizabeth S. Beckley, Esquire An Order of Court was issued October 2, 2007 and subsequently the parties have conferred and have contacted the undersigned regarding an agreement. 3. The parties agreed to the entry of an Order in the form as attached. ?/Z /C) Date John . M squire Cus ody Co ciliator BUFFIE D. WEIAND, Plaintiff/Petitioner V. GENE R. WEIAND, Defendant/Respondent :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY :NO. 07-2472 PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF A CUSTODY ORDER PURSUANT TO PA.R.C.P. 1915.12 AND NOW comes the Plaintiff/Petitioner, Buffie D. Weiand, who, by and through her attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, Esquire, and Beckley & Madden, of Counsel, files this Petition for Civil Contempt for Disobedience of a Custody Order Pursuant to Pa.R.C.P. 1915.12, in which she avers that: 1. Plaintiff/Petitioner, Buffie D. Weiand ("Mother"), is an adult individual residing at 71 Southmont Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant/Respondent, Gene R. Weiand ("Father"), is an adult individual residing at 715 Fickes Road, Dillsburg, York County, Pennsylvania 17019. 3. Pursuant to a Court Order dated July 24, 2008, Mother has primary physical custody of the parties' minor child, Jacob W. Weiand, during the school year. A true and correct copy of the Court's July 24, 2008, Order is attached hereto marked as Exhibit A and incorporated herein. Jacob Weiand will turn eight years old on October 26, 2008. 4. Pursuant to the same Court Order, Father has partial physical custody as follows during the school year: a. On alternating weekends, from after school Friday, or when Father gets off work if it is a scheduled work day, until Monday morning drop off at school or daycare. If there is no school on one of Father's Mondays, he shall have the right, at his option, to keep the child until Mother is home from work on Monday evening(s); and b. Father shall also have one evening a week overnight from after school or daycare until drop off at school or daycare the next morning. If al all possible, Father's additional one evening per week of partial custody should consistently be Thursday and Father should do everything possible with his work schedule to create consistency and predictability for the child. If however Thursday evening is not possible given Father's work schedule, then Father shall pick an evening as close to Thursday as possible based on his work schedule and provide Mother with reasonable notice of said selections. (July 24, 2008, Custody Order, ¶ ¶ 3 a. 1 and 2). 5. During the summer school vacation, the parties share physical custody on a 50150 basis. 6. The Order clearly defines "weekends" as from after school on Friday until Monday morning. 7. Father has a six-week work schedule which he has indicated has not changed since the current custody order was agreed to by the parties and put in place. A true and correct copy of Father's work schedule which was prepared by Father is attached 2 hereto marked as Exhibit B and incorporated herein. 8. During Father's six-week work schedule he is scheduled to work several Thursdays; however, during the weeks in which he works on Thursdays, he has several other weeknight evenings that he is not scheduled to work during which he could take his weeknight visitation, but he refuses to do so. 9. Since the July 24, 2008, Order went into effect, Father has taken 3 Friday evenings of Mother's weekend custodial periods as his one weeknight overnight per week without Mother's consent, thus interfering with Mother's custodial weekends. 10. Mother has told Father multiple times that she will not agree to Father taking Friday evening of her custodial weekends as his one weeknight overnight visitation. 11. Mother's counsel also faxed Father's counsel a letter on August 18, 2008, indicating that Mother would not agree to Father taking Mother's custodial Fridays as his weeknight visitation during that week. A true and correct copy of Mother's counsel's August 18, 2008, letter is attached hereto marked as Exhibit C and incorporated herein. 12. Despite Mother's disagreement, Father has taken Friday evenings of Mother's custodial weekends by taking the child from his daycare on August 29, 2008, September 26, 2008 and October 10, 2008, all of which were Friday evenings of Mother's custodial weekends. 13. On all three Fridays that Father took the child during Mother's custodial periods, Father went to work the following morning, but Father refused to return the child 3 to Mother's residence which is only approximately 3 miles from Father's place of employment. Father also refused to allow Mother to pick up the child at Father's employer. Instead, Mother had to drive 50 miles round trip to retrieve her child whom Father took from daycare the preceding day without Mother's consent. 14. When Father has taken the child from daycare without Mother's consent during her custodial weekends, the child has not had his prescription medication on these Friday evenings. 15. Father has also failed and refused to follow the regimen set up for the child by the child's allergist. 16. On August 27, 2008, Mother took the child to the allergist and provided Father a full report on what the child is allergic to and what should be avoided. Mother also sent Father a copy of the Allergen Avoidance Information sheet given to her by the child's allergist. A true and correct copy of the Allergen Avoidance Information sheet is attached hereto marked as Exhibit D and incorporated herein. 17. Regardless of the allergist's recommendation, Father has had the child riding horses which involve the grasses that the child is supposed to avoid. Father has also had the child sleeping in a home in the country with the windows open which is again directly contrary to the Doctor's instructions. 19. Rather than include Mother in the decision of the child's extracurricular activities as is provided for in the parties' current custody order, Father unilaterally decided to disregard the allergist's recommendation and expose the child to things which should be avoided which caused the child a lot of discomfort and interfered with the 4 current medication regimen. 20. Father has violated, and Mother believes Father will continue to violate, the Court's July 24, 2008, Custody Order by: (a) unilaterally taking his weekly overnight period of partial custody during Mother's custodial weekend, thereby interfering with and partially depriving Mother of her custodial weekend; and (b) by refusing to consult with Mother concerning the child's activities and sleeping arrangements, thereby exacerbating the child's allergy problems. WHEREFORE, Plaintiff/Petitioner, Buffie D. Weiand, respectfully requests the Court to enter an Order: (1) holding Defendant/Respondent in Civil Contempt for Disobedience of the Custody Order; (2) directing Defendant/Respondent to comply with the Court's July 24, 2008, Custody Order; (3) ordering Defendant/Respondent to pay Plaintiff/Petitioner's counsel fees and costs incurred in filing this Petition; and (4) awarding to Plaintiff/Petitioner such other and further relief which the Court deems appropriate. DATED: Ia?1 Respectfully submitted, of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 5 Attorneys for Plaintiff/Petitioner Buffie D. Weiand VERIFICATION I, Buffie D. Weiand, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATED: r Buffs eiand ?? ? rr Jr t JUL 2 c 2000 BUFFIE D. WEIAND, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 07-2472 Civil Term GENE R. WEIAND, : CIVIL ACTION - LAW Defendant : IN CUSTODY Prior Judge: Edward E. Guido, J. t?\ COURT ORDER ?'`° AND NOW, this day of July 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The prior Order of Court dated October 2, 2007 is hereby VACATED. 2. LEGAL CUSTODY: The Father, Gene R. Weiand and Mother, Buffie D. Weiand shall have shared legal custody of the minor child, Jacob W. Weiand, born on October 26, 2000. 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, welfare and religion. Both parties specifically agree that all major parenting decisions concerning their child shall be made by them jointly after discussion and consultation with each other with a view of obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's right to share legal custody of the child. Each party agrees not to attempt to alienate the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child which could be reasonably expected to be a concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody of the child. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby, however, that parent shall inform the other of the 2 emergency and consult with him or her as soon as possible under the particular circumstances. Pursuant to the terms of 23 Pa.C.S. section 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 and telephone number of the child and of the other parent. It is specifically understood that each parent shall be entitled to complete and full information from any school, doctor, dentist, teacher, professional or authority and have copies of any reports given to either party as parent. It is specifically agreed that the parent having physical custody during the school year shall assure that the other parent receives all school records, report cards, school pictures, parent/teacher conferences notices in a timely fashion such that the other party can meaningfully participate, school activity calendar and any other information in a timely basis during the school year. To the extent one parent has possession of any such records or information by virtue of the actual physical custody schedule being followed, that parent shall be required to share the same or copies thereof with the other parent, regardless if the custodial parent deems it important or not, within such reasonable time as to make the records or information of reasonable use to the other parent. 3. PHYSICAL CUSTODY: Physical Custody of the minor child shall be as follows: 3a. PHYSICAL CUSTODY DURING THE SCHOOL YEAR: During the school year, Mother shall have primary physical custody of Jacob, and Father shall have partial physical custody at such times set forth below: I . On alternating weekends from after school Friday, or when Father gets off work if it is a scheduled work day, until Monday morning drop off at school or daycare. In the event there is no school on one of Father's Mondays, he shall have the right, at his option, to keep the child until Mother is home from work on said Monday evening(s); and 2. Father shall also have one evening a week from after school or daycare until drop off at school or daycare the next morning. If at all possible, Father's additional one evening per week of partial custody should consistently be Thursday and Father should do everything 3 possible with his work schedule to create consistency and predictability for the child. If however Thursday evening is not possible given Father's work schedule, then Father shall pick an evening as close to Thursday as possible based on his work schedule and provide Mother with reasonable notice of said selections. 3b. PHYSICAL CUSTODY DURING SUMMER SCHOOL VACATION: During summer school vacation the parties shall have shared physical custody of Jacob as set forth in the attached October 2, 2007 physical custody schedule in Paragraph 2 of said Order. It is specifically understood that under Father's current work schedule, he receives a six week work schedule and that the parties shall share 50150 physical custody time of the minor child Jacob during the summer months. The summer vacation shall start the day after the last day of school and end seven days before the start of the new school year. 3c. PARENTS' SUMMER VACATION WITH CHILD: Not withstanding the foregoing, each parent shall have the right to have physical custody of Jacob for two (2) non-consecutive one week periods of summer vacation with the child, said period of time shall not include the other parents weekend unless specific written permission to usurp the other parents weekend is granted in writing at least 14 days prior to the exercising of said one week custody period. Notwithstanding the foregoing, both parties acknowledge that traditional summer rentals run from Saturday to Saturday or Sunday to Sunday, so if a party selects such a vacation with the child, then the other party shall cooperate and permit said vacation period which shall be reciprocated by the vacationing party. 3d. SUMMER 2008: It is specifically agreed for the summer of 2008 that the parties shall exercise at minimum the following specific periods of vacation with the child: 1. Mother shall have physical custody of Jacob from July 5, 2008, at 6:30 a.m. through July 12, 2008, at which time she shall return the 4 child to Father on Sunday, July 13, 2008 by approximately 6:30 a.m. 2. Father shall have physical custody of Jacob from July 18, 2008, at 6:30 a.m. through July 25, 2008. Father shall return the child to Mother by delivering the child to summer camp on July 28, 2008, at 6:30 a.m., on her next regularly scheduled day of physical custody pursuant to the current schedule the parties are following. 3. In consideration of Mother and Father agreeing to the two afore listed weeks of vacation for the respective parties, Father agrees to give Mother one of "his" days of summer custody of Jacob which shall be exercised on July 30, 2008. It is specifically understood that neither parent shall select extended vacation during the school year unless school is not in session or the school excuses the child's absence. 4. HOLIDAYS: The parties shall alternate the following major holidays: July 4th, Labor Day, Thanksgiving, Christmas Segment A, Christmas Segment B, Easter and Memorial Day, commencing with Mother having custody of the child on July 4, 2008. Unless specifically noted here below, holiday time shall be exercised from 9:00 a.m. the morning of the holiday until 9:00 p.m. the evening of the holiday unless it is the same parents regular over night, then that parent shall keep the child over night. Not withstanding the foregoing; Segment A of the Christmas holiday shall be exercised from noon on December 24th until noon on December 25x' and Christmas Segment B shall be exercised from noon on December 25`h until noon on December 26th. Segment A and Segment B shall be alternated annually between the parties in this alternating schedule. Father shall have Segment A of Christmas commencing in 2008, and Mother shall have Segment B in 2008 in all even calendar years thereafter. Father shall have Segment B in all odd calendar years. Not withstanding the foregoing, Father shall always have custody of the child on Father's Day from 9:00 a.m. until 9:00 p.m. and Mother shall always have custody of the child on Mother's Day from 9:00 a.m. until 9:00 p.m. unless both parents mutually agree to switch due to work schedules. 5 S. TRANSPORTATION: The transportation shall be shared equally between the parties as mutually determined by the parties. In the event the parties are unable to agree to transportation responsibilities, then the party receiving custody of the child shall travel to get the child from the other parent or school or daycare as long as neither party moves more than 20 miles from his or her current residence. 6. RIGHT OF FIRST REFUSAL: Both parties specifically agree to provide to the non-custodial parent the right of first refusal if the custodial parent is not available for an overnight as set forth in the custody schedule. Both parties agree that the child spending an overnight or visit with family relatives shall not be construed as a violation of this paragraph. 7. EXTRACURRICULAR ACTIVITIES: Both parties must consent and agree to the child being enrolled or participating in any extracurricular activities. Each party shall provide the other party with at least 48 hours advanced notice of the child's school or other activities whenever possible. Both parties agree to honor and participate in the activities in which the child wishes to engage. During the time each parent has physical custody of the child each parent will make certain the child attends any extracurricular activities. The parties further agree to be supportive of the activities and agree to transport the child to and from such activities and preparation and practice for the activities that are schedule at such a time so that the child is able to participate in those events. Neither parent shall commit the child to activities that fall on the other parent's period of custody without the consent of the other parent, which consent shall not be unreasonably withheld. If the child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However the custodial parent shall not be required to take the child to that activity if the custodial parent and the child are out of town during that activity for a previously scheduled vacation. If the custodial parent is unable to deliver the child to the particular activity, the parent who has custody of the child at that time shall notify the non-custodial parent who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make sure that the child is ready for pick up in time sufficient to enable the child to timely attend the activity. 6 8. TELEPHONE CALLS: The parties shall use common sense in scheduling telephone calls to talk to the child and each party shall refrain from preventing the other party from talking to the child when he or she calls, or in preventing the child from calling the other party, provided that the calls are not excessively frequent, not too long in duration or at inappropriate times such that they disrupt the child's schedule. It is understood that there is no designated time frame for the daily call, both parties acknowledge that 7:00 p.m. is the preferred time to place calls to try to assure availability and consistency in contact. Each party shall provide the other parent with a telephone number where the child can be contacted at all times. Furthermore, the custodial parent shall turn off anything that may be deemed a distraction during the call i.e. TV, video, pet and the custodial parent shall leave the room and grant the child privacy with the non-custodial parent. 9. DISPARAGING REMARKS: The parties and any third parties in the presence of the child shall take all measures deemed necessary to foster a feeling of affection between the child and the other party. Neither party shall do nor shall either party permit any third party to do or say anything which may estrange the child from the other parent, their spouse, significant others or relatives, or injure the child's opinion of the other party or which may hamper the free and natural development of the child's love and respect for the other parent. Neither party shall make or permit others to make disparaging remarks about the other parent in the presence of the child. It is cautioned that since the child is almost eight (8) years old at this time, that no dialogue about the divorce, custody, or other issues related to the child or the parents be discussed within hearing distance of the child. The parties shall not use the child to convey verbal messages to the other parent about custody, divorce, support or any other such matters including any changes in the custody schedule, nor shall either party provide the child with any written communication to deliver to the other parent except for school paperwork and event activities. Both parents specifically are prohibited from using the child as a messenger to communicate with the other parent. 10. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the 7 child's health, maintenance and education with a view towards obtaining and following a harmonious policy in the child's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and the custody schedule. EACH PARTY MUST PROVIDE THE OTHER PARTY WRITTEN NOTICE OF ANY CHANGE IN ADDRESS OR TELEPHONE NUMBER WITHIN ONE WEEK PRIOR TO ANY CHANGE IN ADDRESS OR TELEPHONE NUMBER Each party shall supply the name, address and telephone numbers of any persons in whose care the child will be placed outside of the party's residence for a period in excess of twenty four (24) hours and for each person or entity which may provide daycare for the child excluding any current daycare provider, relatives or public school institutions. 11. ILLNESS OF THE CHILD: Emergency decisions regarding the child shall be made by the parent then having custody however, in the event of an emergency or serious illness of the child at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical informing the other -party of the nature of the illness or emergency as soon as practical, so the other party can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of 24 hours or which places the child under the direction of a licensed physician and/or also includes any emergency treatment requiring a visit to a hospital, orthopedic office or other medical specialist. 12. WELFARE OF THE CHILD TO BE CONSIDERED: The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Stipulation and subsequent Court Order. Both parties shall always place the best interest of the child first in addressing any issues concerning the custodial schedule and requested changes to the schedule or any other parenting issues. 13. SMOKE/DRINK/ILLEGAL SUBSTANCES: No party shall smoke in any part of a confined area with the child present. Nor shall any party permit any other person to smoke in any part of a confined area with the child present including an automobile. No party shall drink alcoholic beverages in excess or consume 8 illegal substances when in the presence of the child and no party shall be under the influence of alcoholic beverages to excess or be under the influence of any illegal substances when in the presence of the child. 14. CO-PARENTMG/PARALLEL PARENTING COUNSELING: Both parties agree to participate in parallel parenting or co-parenting therapy as determined by a mutually selected therapist with a goal of establishing a co-parenting plan that gives them some type of uniform decision regarding co-parenting issues like completion of school work and bedtimes in order to try to provide some consistencies for the minor child. This co-parenting therapy shall be utilized to develop a plan that takes into consideration those issues that are important for uniformity for the child regardless of which house he is currently physically residing and for identifying areas that can be more flexible related to each parent's individual parenting style. Co-parenting costs shall be divided equally between the parties and the parties shall utilize any insurance coverage that may be available to either party. Any non- covered cost should be divided equally between the parties. Both parents are also encouraged to utilize the parent education and co-parenting classes to help them understand what is expected from each of them in terms of promoting a positive relationship between the minor child and the other parent despite the level of conflict that may exist between the parties. 15. MODIFICATION: The parties are free to modify the terms of this Order if and only if both parties are in complete agreement to any such modification and said modification is in writing signed by both parties. In the event both parties are not in complete agreement to any proposed change, then the terms of this Court Order shall control and remain in full force and effect until modified by the Court. Cc: Elizabeth Beckley, Esquire, 212 N. Third Street, Harrisburg, PA 17108 Joanne Harrison Clough, Esquire, 24 North 32°d Street, Camp Hill, PA 17011 John J. Mangan, Esquire J. 9 BUFFIE D. WEIAND, Plaintiff V. GENE R. WEIAND, Defendant Prior Judge Edward E. Guido, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07-2472 Civil Term CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION 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 Jacob W. Weiand 10/26/2000 Shared legal and physical 2. A Conciliation Conference was held with the following individuals in attendance: The Father, Gene R. Weiand, with his counsel, Joanne Harrison Clough, Esquire The Mother, Buffie D. Weiand, with her counsel, Elizabeth S. Beckley, Esquire An Order of Court was issued October 2, 2007 and subsequently the parties have conferred and have contacted the undersigned regarding an agreement. 3. The parties agreed to the entry of an Order in the form as attached. Date John . M squire Cus ody Co ciliator M M 1+ LL ? N N N mON MN1?1 ? N O ? ? M O N M N "? ? .r N N rl .? b ~ N N ?O L N M N O ?? p M 0 N N M a £ F.. m.?rNin M I? V £ N o N n ? j? 'c N H N co 14 O ~ ~ n O ( y 'BOO ;: .? y W to ? ? ? i c r-.. , 3 11 n oil .* 0 ?) ? y m O ti?. y ?l J 7 n ti 0 Q ?- N N g ? N N N 4 ? u'N. ?+ v 9D l+l O A m G d" N N H N O?ti NM ?? t LL w m w N N LL N N n S ?? ? .mi N n U C ,y`iO1 h 4K h Q y m N f :3 4D 3 N IA .w '1A N !V 0101W 41010"I"W"'t"awe O > 21 L BECKLEY& MADDEN ATTORNEYS AT LAW CRANBERRY COURT 212 NoRTn Tmmm STREET POST OFFICE BOX 11998 HARRISBURG, PENNSYLVANIA 17108-1998 PHONE: 4717) 233-7891 FAX: (717) 233-3740 FLLE NO. E-MALL: beddeopamet August 18, 2008 41451 JoAnne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 via fax RE: Weiand v. Weiand Dear JoAnne: As you know, my client shall have primary physical custody of the parties' Jacob with the start of the school year. The Order provides that Gene shall have every other weekend Friday until Monday and one evening a week - to be Thursday whenever possible or, if his schedule doesn't permit Thursdays, then an evening close to Thursday. Unfortunately, Gene has misinterpreted the Custody Order and the intent of the same. As we're all aware, the parties have always alternated weekends. The Court generally defines weekends as going from Friday until Sunday evening. Gene has now decided that Friday is not part of the weekend when it's Buffie's weekend (since we didn't specifically spell it out that way in the custody order) with Jacob such that he is trying to take her Friday night as his week night visitation. Obviously, this is unacceptable to Buffie and she will not agree to the same. Even in the most basic of custody orders, the Court usually always provides each party every other weekend from Friday to Sunday. Please inform Gene that what was intended by Deb Salem is that we follow Gene's regular 6 week based work schedule. We will not agree to the various changes Gene makes to the same to pick up extra shifts for overtime or to switch with coworkers. Gene needs to arrange his work schedule around his custody schedule, whenever possible, and not the other way around. The recent schedule Gene sent Buffie via email is very confusing to follow if you follow the order the days are listed it seems to show different weeks per the schedule. Nevertheless, Buffie does not mind at all providing Gene a week night when he is BECKLEY& MADDEN JoAnne Harrison Clough, Esquire August 18, 2008 Page 2 legitimately scheduled to work Thursday evenings (not overtime or time he decide to change with a coworker); however, the week night evening will not include Friday of Buffie's weekend. Therefore, would you be kind enough to instruct Gene that he can not have Friday evenings on Buffie's weekend as his make-up week night custody. Should you have any questions, please do not hesitate to call. cc: Ms. Buffie Weiand Very truly yours, BECKLEY MADDEN Elizab S. "Liesl" Beckley 09/22/2008 06;23 717-790-5529 HOUTHSOUTH WEST WING PAGE 02/03 Medical Arts Allergy O.C. Pagent fidormatio' IOU ALLERGEN AVOIDANCE INFORMATION 013100M ALLO_ftGENS Trams Pollen: February -.tune Grass Pollen: May - August Wood Pollen: July - October Rargwsed Pollan: August - 0.10ber • Keep windows and doors closed. • Avoid using window or attic fans that draw in outside air. • Use air conditioning if possible. • Refrain from being outdoors, if possible, during times of high pollen count. • Ragweed pollen peens late morning. • Grass pollen peaks In the afternoon and as grass Is being out. • Shower, or bathe, and change clothes after being outdoors. • Dry clothes In a vented dryer, not outside. ... .. DUST MITES • Dust mites are found primarily in bedding, l>WWeFod.Arrfft- re, c:arMirog-and... --br s Tiide amrmaCs. • Encase pillows and mattresses in airtight, zippered plastic or special allergen-proof fabric covers (avallable at many national • Wash bedding weekly in hot water (130° F'). • D 3df In a.hot dryer. 11 afs'l4 on I-bed.. +aNaekijwarar+>?flg w#th°e't varcutim-with a HEPA (high-efficiency particulate) filter. - cdeamag•e sd Vecuuniing and leave room for 20 minutes after vacuuming, • Use d9humkii#ier to keep humidity <50%. MOLDS • ac?mmoniy found both indoors and outdoors. is Refrain from walking through uncut fields. • Avoid compost piles and raking leaves. • I, es windows and doors closed to prevent spores from infiltrating.., . Use air conditioning If possible. • 0antroi moisture by using a dehumidifier and sealing water leaks. • NN6ntilate bathrooms and kitchens. • Olson areas with mold growrft Aft disinfectants such as Lysol or bleach. is Use personal protective equipment including a mask and gloves when ploaning contaminated materials.. • td?ing these tips con reduce the concentration of mold spores. ANIMAL ALLERGENS • Ankna(aAergen is found in the saliva, dander or tt kw ,ofmimals. - ttbeeWofeti, tfterB ? •rq " yet proeille3rgeniC" breeds of Cads or dons. • Ik Possible, removes the pot from the horna end avoid any contact. >~•P???1?til<wats?tg.?:flf tl?.pet 8r1c#"d58 of hioh-efficiency air cleaners may be spo-newhat helpful. • E)trminate with pesticides - usually .r±e"stl'profi§ssiarcrat-a??. • acre food in sealed plastic containers. • Wash dishes and place trash,autside For Additional turormation: Ameriean Aeademv of Allei•ty. Asthma isd ienmugploay (www.aaxal.•rg) and American College of Atter-_ y, A:stbi tt acrd 1mffi'4'VVftv (%-W*.acaai.orgj Thie canaent is Informational onix and is not irttendad to rie ace a physlel*a's evaluation CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Joanne Harrison Clough., Esquire ? (r W Street Camp Hill, PA 17011 DATED: i. pt?? Y 1-111 wi Crl r ?t t_ ,..... I `ti - aj ti . , 4., BUFFIE D. WEIAND PLAINTIFF V. GENE R. WEIAND DEFENDANT IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 2007-2472 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 21, 2008 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor Cumberland County Courthouse, Carlisle on Tuesday, November 25, 2008-.--- at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ohn . Man an r. 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 leg !!tt _ n I z 1,1a Boaz JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff BUFFIE D. WEIAND, Plaintiff V. GENE R. WEIAND, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION-LAW :CUSTODY :NO. 07-2472 ANSWER TO PETITION FOR CIVIL CONTEMPT AND NOW, this day of November, 2008, comes the Defendant/Respondent Gene R. Weiand by and through his attorney, Joanne Harrison Clough, Esquire, and files this Answer to Petition for Civil Contempt and in opposition thereto avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part. It is admitted that the paragraph 3A1 defines Father's alternating weekend from after school Friday, or when Father gets off work if it is a scheduled work day, until Monday morning drop off at school or daycare. 7. Admitted. 8. Admitted in part. It is admitted that during Father's six week work schedule, he has several other week evenings that he is not scheduled to work; however, the July 24, 2008 Court Order specifically directs Father to take his one additional night a week as close to Thursday as possible. Father is complying with the terms of the current Order. 9. Admitted in part. Denied in part. It is admitted since the July 24, 2008 Court Order went in to effect, Father has selected several Friday evenings for his additional one overnight a week pursuant to the terms of the Court Order. It is specifically denied that he needs Mother's consent. To the contrary, he is simply exercising his custodial rights under the Order. 10. Admitted in part. It is admitted Mother has repeatedly told Father that she will not agree to Father taking Friday evening of "her custodial weekend". Father does not need Mother's permission to exercise his custodial rights. Furthermore, Mother has acted in a vengeful and vexatious manner through out the entire custody litigation and is constantly interfering with Father's custodial rights to the minor child. 11. Admitted in part. It is admitted that a correspondence was faxed to Father's counsel; it is specifically denied that Father's behavior violates the current Custody Order. 12. Admitted in part. It is admitted that Father has exercised his one additional evening of custody on the Friday evenings of August 29, 2008, September 26, 2008 and October 10, 2008; Father specifically denies he needed Mother's agreement to do so. 13. Admitted in part. It is admitted that Father worked the Saturday following the three periods of Father's additional overnight visitation; however, it is denied that it was inappropriate for Father to refuse to drive the child to Mother for the following reasons: a. Father leaves for work at approximately 6:15 in the morning and it is unnecessary to wake the child this early simply to accommodate Mother's desire that she not have 2 to fulfill her obligation under Paragraph 5 of the Agreement dealing with transportation which specifically dictates that unless agreed otherwise the party receiving the child shall pick the child up for their period of custody. b. It is not appropriate for Mother to pick the child up in the parking lot at Father's place of employment since Mother and/or her other transport providers are notoriously late and have consistently never met Father in a timely fashion at an exchange and an exchange at work can not be effective when Father needs to start his work shift. He can not leave the child unattended until Mother bothers to show up for the custody exchange. In fact on several occasions where Father has elected to exercise his additional one week overnight on Friday evening Mother has repeatedly given Father false information regarding time of pick up, insisting the child be ready by 6:15 or 6:30 a.m. for pick up and then not coming or sending anyone to pick the child up till after 9:00 or 10:00 a.m. that same morning. On one occasion Mother and/or her designate illegally entered Father's home, woke the child and removed him from the home without notifying Father's fiancd, so that when the fiance woke, the child was missing and no one had any idea where he was. Paragraph 5 of the Custody Order specifically dictates that it is the receiving party's responsibility to pick the child up for their period of custody. 14. Admitted. It is specifically admitted Mother has refused to provide the prescription medication for the child at daycare on Friday despite Father advising Mother he had selected that night to exercise his period of partial custody. Mother has consistently refused to send the medication despite Father's repeated request that the proper medication be sent for the time period that he would have physical custody of the child. It is appalling that Mother believes that she has the legal right to withhold medication from her son because she and Defendant dispute the interpretation of the Custody Order. 15. Denied. It is specifically denied that Father has refused to follow the regimen set up for the child by the child's allergist. To the contrary, ever since Father became engaged and moved in to a residence with his fiance on a farm, Mother has taken any and all actions she can to thwart and interfere with her son's relationship with Father and the fiance by claiming numerous allergy issues in an attempt to prevent the child from living on the farm, riding horses, or otherwise meaningfully participate with his Father or fiance and her family in activities. 16. Admitted in part. It is admitted that Mother took the child to an allergist and it is further admitted that Mother gave Father some information. It is specifically denied that the child is exposed to any dangerous allergens while in the Father's care and custody. 17. Admitted in part. It is admitted that the child is an active child and rides horses. It is specifically denied that the child should not be riding horses which as Mother alleges in her Petition, "involves the grasses that the child is supposed to avoid". To the contrary, the child is enrolled in and participates in a soccer program which is played on grass fields. The parties previously resided with the child in a wetlands area and the child played outside constantly at said home. Mother's complaint regarding this issue is preposterous and is a further indication of the vengeful, hateful nature in which she continues to try to interfere in any positive interaction her son has with his Father. It is further denied that Father is acting inappropriately in the sleeping arrangements for the child at Father's residence. 19 Denied. It is specifically denied that Father needs Mother's consent for the child to ride horses or play in the grass during his periods of physical custody. The horse activity the child 4 does with Father is on Father's time and is not a regimented "extracurricular activity" that warrants Mother's approval. 20. Denied. It is specifically denied that Father has violated and continues to violate the July 24, 2008 Custody Order. Father's interpretation of the Custody Order permits that he may select one additional evening per week for an overnight with the child on Thursdays, when ever possible due to his work schedule, and if not possible, as close to Thursday as possible. In the event the Court interprets the Order differently than Father has, then Father will comply with the Court's instruction; however, has been no attempt on Father's part to act contrary to or in violation of the Court Order. On Father's alternating weekends of custody, he frequently is scheduled to work Friday and can not start his weekend of custody until after 8:00.p.m. WHERFORE, Defendant/Responent Gene Weiand respectfully requests this Court to deny this Petition for Civil Contempt for Disobedience of a Custody Order Pursuanat to PA.R.C.P. 1915.12 and further find that the filing of said Petition was frivolous, spurious, and vexatious and direct Plaintiff/Petitioner to pay all of Defendant/Respondent's counsel fees, costs and expenses incurred in defending against such Petition. CROSS PETITION FOR CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER 21. Paragraphs 1 through 20 are incorporated by reference as if set forth in full here below. 22. Since the entry of the July 24, 2008 Court Order, Plaintiff/Petitioner Buffie Weiand has acted in contempt of said Court Order on numerous occasions as follows: 5 a. On October 11, 2008 at approximately 7:00 a.m., Plaintiff/Petitioner Buffie Weiand went unannounced to the residence of Defendant Father and secretly removed the minor child, Jacob Weiand, age 7, from Defendant Father's residence while Defendant Father's fiance was sleeping. Plaintiff Mother never woke Father's fiance or left a note indicating she had secretly removed Jacob from the residence nor telephoned to leave a message indicating she had picked up the child two hours prior to the arranged pick up time. When Father's fiance, Karen awoke at 8:15 a.m., in response to the alarm clock, she discovered Jacob was not in his bedroom, nor in the house, and Father's fianc6 went outside and searched with her two children for Jacob and after several minutes discovered the minor child's pajamas in a pile on the sidewalk by the driveway. b. When Father's fiance telephoned him immediately at work and frantically reported that Jacob was missing. Defendant Father immediately called Plaintiff Mother who laughed and stated "I told you I'd get him by 7:30 a.m., it was easy". Mother's behavior is severely disturbing and in clear violation of Father's period of physical custody. On repeated instances since the entry of the July 24, 2008 Custody Order, Plaintiff Mother has refused to provide Father with the child's allergy medications for his periods of partial physical custody despite Father's repeated request that the proper medications and the proper dosages be forwarded. Said behavior is in direct violation of the best interest and permanent welfare of the minor child and also in direct violation of the shared legal custody provisions of the July 24, 2008 Custody Order and said action is contemptible. d. Despite Father's repeated request that proper medications be sent, Mother spitefully and vexatiously refuses to send the child's allergy medications on the "disputed" Fridays where Father has advised Mother he will be picking Jacob up to exercise his additional one week overnight pursuant to the July 24, 2008 Custody Order. Mother refuses to provide the medication 6 although Father has notified her that he is going to pick the child up for a period of physical custody and then Mother has the audacity to claim in her Petition for Contempt that it is Father that is in contempt of court by not having medication for Jacob on these Fridays when she has refused to provide it. When Father recently requested Mother provide additional allergy medication because she had only given him three allergy pills for an approximate 30 day period, Mother spitefully mailed Father pills in a large manilla envelope by Certified Mail in a plastic baggie without any attempt to protect or preserve said medication so it arrived severely damaged through the United States Postal Service. f. Mother has also violated the spirit of the Custody Order by refusing to provide Father with appropriate clothes for the minor child during Father's periods of partial physical custody. Mother repeatedly sends the child in clothes that are too tight or in bad condition or wholly inappropriate for the period of custodial time. Father believes and therefore avers that Mother purposely sends clothes that are too small, old, tattered, or not appropriate, in a spiteful manner so as to inconvenience Father during his periods of partial physical custody. 23. Said actions on Mother's part are further evidence of her hateful, despicable behavior she continues to display to Father in all custody issues regarding their son. 24. Father believes that Mother's behavior with the minor child are also not in the best interest or permanent welfare of his son Jacob in that Mother has the minor child sleeping in bed with her or in a toddler bed in her bedroom at her townhouse, which is clearly not in the best interest or permanent welfare of the child. Mother purchased a three bedroom townhouse were the child shares the Mother's bedroom and she has her adult son has one bedroom and her seventeen year old daughter has the other bedroom. The minor child Jacob does not even share a bedroom 7 with his brother; he shares a bedroom and a bed with his Mother. This is completely inappropriate and not in the best interest or permanent welfare of the child. 25. Mother hatefully and spitefully interfered in Father's birthday party that he had for his son at his residence when several parents inadvertently contacted Plaintiff Mother to respond to Defendant Father's birthday invitation. She informed those parents that the invitation was a mistake and that that party was not being held and gave them information on her party in a direct attempt to try to spoil or interfere with Father's birthday plans for their son. 26. Subsequent to the party one of the other parents at Father's birthday party took approximately 60 pictures of the children playing at the farm, riding the horses and made a birthday party disc for Defendant Father and made a second copy and gave it to Plaintiff Mother. 27. Plaintiff Mother has subsequently advised the minor child that he is forbidden to watch the CD of the photos of his Father's birthday part at his Mother's home. This is clearly detrimental to the child and not in his best interest and permanent welfare and further indication of Mother's vengeful, spiteful, hateful behavior and it's affect on the child. 28. All of the afore listed behaviors of Mother are in direct violation of the Custody Order of July 24, 2008. Plaintiff Mother is in clear violation of Paragraph 2, Legal Custody, which specifically provides that the parties agree not to impair the other party's right to share in legal custody of the child and each party agrees not to attempt to alienate the child from the other party. 29. Mother is in direct violation of Paragraph 3A2 of the Custody Agreement by secretly removing the minor child from Father's residence during his one additional evening a week period of physical custody and not even leaving a note or making sure the adult at the residence was notified that she was removing the child and then laughing at Father and mocking him when he called in a panic upon his fiance discovering the child missing and his pajamas in the driveway. 30. Plaintiff Mother's behavior is in direct violation of Paragraph 9 of the Custody Agreement which specifically provides that party's "shall take all measures deemed necessary to foster a feeling of affection between the child and the other party". 31. On October 11, 2008 when Mother secretly removed the child from Father's residence, she specifically directed the child "you don't have to tell Karen, it's ok I already told daddy" and encouraged the child to leave the residence without letting anyone know he was going. 32. Mother has also acted in contempt of Paragraphs 8, 9 and 12 of the Custody Order by insisting on telephone contact with the child during periods of time that are inappropriate including a recent occasion on Friday, October 10, 2008, when she telephoned Defendant Father's cell phone when he was at Northern Heights football game with Jacob and insisted Defendant Father remove the child from the football stadium to an area where he could hear to speak with his Mother on a telephone call which resulted in the child missing the ceremony at the start of the football game. 33. Plaintiff Mother frequently hysterically threatens Father to file Contempt Petitions if he does not immediately comply with her demanding overbearing requests for incessive contact with the child during Father's periods of custody. WHEREFORE, Counter Petitioner/Defendant/Respondent Father respectfully requests this Court determine Plaintiff Mother/ Counter Respondent to be contempt of the Custody Order of July 24, 2008 and order as follows: a. Mother shall be directed to pay any and all Father's counsel fees, costs and expenses in defending against her spurious Petition for Contempt; 9 b. Direct Mother to immediately comply with the provisions of the Custody Order and to provide appropriate clothes to Father during his periods of physical custody and to provide medication to Father in a safe manner so as to be assured the child has appropriate medication during Father's periods of custody and; C. Direct Mother continue with co-parent counseling and direct Mother to attend Anger Management and individual mental health counseling to deal with her emotional issues that are clearly impacting against her ability to comply with the Custody Order or to act in a manner consistent with the best interest and permanent welfare of her child; d. Grant any further relief this Court deems appropriate. Respectfully submitted, r 1 1 P Datedj L' vs- 0? By: Joa3?Harrison Cloukh, Esquire Attorney I.D. No. J}61 3 820 Market Street Camp Hill, PA 17011 Telephone No. 717-737-5890 Attorney for Defendant Gene R. Weiand 10 VERIFICATION I, Gene Weiand, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE: Gene Weiand CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by .1 to the following individual set forth un?-? below: Elizabeth S. Beckley, Esquire BECKLEY & MADDEN Cranberry Court 212 North Third Street PO BOX 11008 Harrisburg, PA 17108-1998 Date: Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Defendant 717 V DEC 0 3 2003 1-i BUFFIE D. WEIAND, Plaintiff V. GENE R. WEIAND, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-2472 Civil Term CIVIL ACTION - LAW IN CUSTODY COURT ORDER AND NOW, this day of December 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. By agreement, Plaintiff's petition for contempt is hereby DISMISSED. 2. LEGAL CUSTODY: The Father, Gene R. Weiand and Mother, Buffie D. Weiand shall have shared legal custody of the minor child, Jacob W. Weiand, born on October 26, 2000. 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, welfare and religion. Both parties specifically agree that all major parenting decisions concerning their child shall be made by them jointly after discussion and consultation with each other with a view of obtaining and following a harmonious policy in the child's best interest. Each parry agrees not to impair the other party's right to share legal custody of the child. Each party agrees not to attempt to alienate the child from the other parry. Each party shall notify the other of any activity or circumstance concerning the child which could be reasonably expected to be a concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody of the child. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby, however, that parent shall inform the other of the emergency and consult with him or her as soon as possible under the particular circumstances. Pursuant to the terms of 23 Pa.C.S. section 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 and telephone number of the child and of the other parent. It is specifically understood that each parent shall be entitled to complete and full information from any school, doctor, dentist, teacher, professional or authority and have copies of any reports 2 l given to either party as parent. It is specifically agreed that the parent having physical custody during the school year shall assure that the other parent receives all school records, report cards, school pictures, parent/teacher conferences notices in a timely fashion such that the other party can meaningfully participate, school activity calendar and any other information in a timely basis during the school year. To the extent one parent has possession of any such records or information by virtue of the actual physical custody schedule being followed, that parent shall be required to share the same or copies thereof with the other parent, regardless if the custodial parent deems it important or not, within such reasonable time as to make the records or information of reasonable use to the other parent. 3. PHYSICAL CUSTODY: Physical Custody of the minor child shall be as follows: 3a. PHYSICAL CUSTODY DURING THE SCHOOL YEAR: During the school year, Mother shall have primary physical custody of Jacob, and Father shall have partial physical custody at such times set forth below: 1. On alternating weekends from after school Friday, or when Father gets off work if it is a scheduled work day, until Monday morning drop off at school or daycare. In the event there is no school on one of Father's Mondays, he shall have the right, at his option, to keep the child until Mother is home from work on said Monday evening(s); and 2. Father shall also have one evening a week from after school or daycare until drop off at school or daycare the next morning. If Father does not work on any given Thursday, Father shall utilize that Thursday for his weekday overnight. However, if Father is working on a Thursday, or is otherwise unable to exercise his custodial period this day, Father shall choose an overnight between Monday and Wednesday from after school or day care until drop off at school or day care the next morning. Father shall provide Mother with reasonable notice of said selections. 3b. PHYSICAL CUSTODY DURING SUMMER SCHOOL VACATION: During summer school vacation, the parties shall have shared physical custody of Jacob as set forth in the previous Order dated October 2, 2007 physical custody schedule in Paragraph 2 of said Order. It is specifically understood that under Father's current work schedule, he receives a six week work schedule and that the parties shall share 50150 physical custody time of the minor child Jacob during the summer months. The summer vacation shall start the day after the last day of school and end seven days before the start of the new school year. 3c. PARENTS' SUMMER VACATION WITH CHILD: Not withstanding the foregoing, each parent shall have the right to have physical custody of Jacob for two (2) non-consecutive one week periods of summer vacation with the child, said period of time shall not include the other parent's weekend unless specific written permission to usurp the other parent's weekend is 3 granted in writing at least 14 days prior to the exercising of said one week custody period. Notwithstanding the foregoing, both parties acknowledge that traditional summer rentals run from Saturday to Saturday or Sunday to Sunday, so if a party selects such a vacation with the child, then the other parry shall cooperate and permit said vacation period which shall be reciprocated by the vacationing party. It is specifically understood that neither parent shall select extended vacation during the school year unless school is not in session or the school excuses the child's absence. 4. HOLIDAYS: Any and all holiday periods shall supersede the regular physical custody schedule. The parties shall alternate the following major holidays: July 4t', Labor Day, Thanksgiving, Christmas Segment A, Christmas Segment B, Easter and Memorial Day, commencing with Mother having custody of the child on July 4, 2008. Unless specifically noted here below, holiday time shall be exercised from 9:00 a.m. the morning of the holiday until 9:00 p.m. the evening of the holiday unless it is the same parents regular over night, then that parent shall keep the child over night. Not withstanding the foregoiy Segment A of the Christmas holiday shall be exercised from noon on December 24 until noon on December 25'' and Christmas Segment B shall be exercised from noon on December 25I' until noon on December 26 h. Segment A and Segment B shall be alternated annually between the parties in this alternating schedule. Father shall have Segment A of Christmas commencing in 2008, and Mother shall have Segment B in 2008 in all even calendar years thereafter. Father shall have Segment B in all odd calendar years. Not withstanding the foregoing, Father shall always have custody of the child on Father's Day from 9:00 a.m. until 9:00 p.m. and Mother shall always have custody of the child on Mother's Day from 9:00 a.m. until 9:00 p.m. unless both parents mutually agree to switch due to work schedules. 5. TRANSPORTATION: The transportation shall be shared equally between the parties as mutually determined by the parties. In the event the parties are unable to agree to transportation responsibilities, then the party receiving custody of the child shall travel to get the child from the other parent or school or daycare as long as neither party moves more than 20 miles from his or her current residence. 6. RIGHT OF FIRST REFUSAL: Both parties specifically agree to provide to the non-custodial parent the right of first refusal if the custodial parent is not available for an overnight as set forth in the custody schedule. Both parties agree that the child spending an overnight or visit with family relatives shall not be construed as a violation of this paragraph. 7. EXTRACURRICULAR ACTIVITIES: Both parties must consent and agree to the child being enrolled or participating in any extracurricular activities. Each party shall provide the other party with at least 48 hours advanced notice of the child's school or other activities whenever possible. Both parties 4 9 agree to honor and participate in the activities in which the child wishes to engage. During the time each parent has physical custody of the child each parent will make certain the child attends any extracurricular activities. The parties further agree to be supportive of the activities and agree to transport the child to and from such activities and preparation and practice for the activities that are schedule at such a time so that the child is able to participate in those events. Neither parent shall commit the child to activities that fall on the other parent's period of custody without the consent of the other parent, which consent shall not be unreasonably withheld. If the child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However the custodial parent shall not be required to take the child to that activity if the custodial parent and the child are out of town during that activity for a previously scheduled vacation. If the custodial parent is unable to deliver the child to the particular activity, the parent who has custody of the child at that time shall notify the non-custodial parent who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make sure that the child is ready for pick up in time sufficient to enable the child to timely attend the activity. 8. TELEPHONE CALLS: The parties shall use common sense in scheduling telephone calls to talk to the child and each party shall refrain from preventing the other party from talking to the child when he or she calls, or in preventing the child from calling the other party, provided that the calls are not excessively frequent, not too long in duration or at inappropriate times such that they disrupt the child's schedule. It is understood that there is no designated time frame for the daily call, both parties acknowledge that 7:00 p.m. is the preferred time to place calls to try to assure availability and consistency in contact. Each party shall provide the other parent with a telephone number where the child can be contacted at all times. Furthermore, the custodial parent shall turn off anything that may be deemed a distraction during the call i.e. TV, video, pet and the custodial parent shall leave the room and grant the child privacy with the non-custodial parent. 9. DISPARAGING REMARKS: The parties and any third parties in the presence of the child shall take all measures deemed necessary to foster a feeling of affection between the child and the other party. Neither party shall do nor shall either party permit any third party to do or say anything which may estrange the child from the other parent, their spouse, significant others or relatives, or injure the child's opinion of the other party or which may hamper the free and natural development of the child's love and respect for the other parent. Neither party shall make or permit others to make disparaging remarks about the other parent in the presence of the child. No dialogue about the divorce, custody, or other issues related to the child or the parents are to be discussed within hearing distance of the child. The parties shall not use the child to convey verbal messages to the other parent about custody, divorce, support or any other such matters including any changes in the custody schedule, nor shall either party provide the child with any written communication to 5 deliver to the other parent except for school paperwork and event activities. Both parents specifically are prohibited from using the child as a messenger to communicate with the other parent. 10. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the child's health, maintenance and education with a view towards obtaining and following a harmonious policy in the child's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and the custody schedule. EACH PARTY MUST PROVIDE THE OTHER PARTY WRITTEN NOTICE OF ANY CHANGE IN ADDRESS OR TELEPHONE NUMBER WITHIN ONE WEEK PRIOR TO ANY CHANGE IN ADDRESS OR TELEPHONE NUMBER Each party shall supply the name, address and telephone numbers of any persons in whose care the child will be placed outside of the party's residence for a period in excess of twenty four (24) hours and for each person or entity which may provide daycare for the child excluding any current daycare provider, relatives or public school institutions. 11. ILLNESS OF THE CHILD: Emergency decisions regarding the child shall be made by the parent then having custody however, in the event of an emergency or serious illness of the child at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical informing the other party of the nature of the illness or emergency as soon as practical, so the other party can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of 24 hours or which places the child under the direction of a licensed physician and/or also includes any emergency treatment requiring a visit to a hospital, orthopedic office or other medical specialist. 12. WELFARE OF THE CHILD TO BE CONSIDERED: The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Stipulation and subsequent Court Order. Both parties shall always place the best interest of the child first in addressing any issues concerning the custodial schedule and requested changes to the schedule or any other parenting issues. 13. SMOKE/DRINKALLEGAL SUBSTANCES: No party shall smoke in any part of a confined area with the child present. Nor shall any party permit any other person to smoke in any part of a confined area with the child present including an automobile. No party shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the child and no party shall be under the influence of alcoholic beverages to excess or be under the influence of any illegal 6 substances when in the presence of the child. 14. CO-PARENTING/PARALLEL PARENTING COUNSELING: Both parties agree to participate in parallel parenting or co-parenting therapy as determined by a mutually selected therapist with a goal of establishing a co-parenting plan that gives them some type of uniform decision regarding co-parenting issues like completion of school work and bedtimes in order to try to provide some consistencies for the minor child. This co-parenting therapy shall be utilized to develop a plan that takes into consideration those issues that are important for uniformity for the child regardless of which house he is currently physically residing and for identifying areas that can be more flexible related to each parent's individual parenting style. Co-parenting costs shall be divided equally between the parties and the parties shall utilize any insurance coverage that may be available to either party. Any non-covered cost should be divided equally between the parties. Both parents are also encouraged to utilize the parent education and co-parenting classes to help them understand what is expected from each of them in terms of promoting a positive relationship between the minor child and the other parent despite the level of conflict that may exist between the parties. 15. MODIFICATION: The parties are free to modify the terms of this Order if and only if both parties are in complete agreement to any such modification and said modification is in writing signed by both parties. In the event both parties are not in complete agreement to any proposed change, then the terms of this Court Order shall control and remain in full force and effect until modified by the Court. Y THE COUR , J. Cc: iiabeth Beckley, Esquire, 212 N. Third Street, Harrisburg, PA 17108 o e Harrison Clough, Esquire, 24 North 32"d Street, Camp Hill, PA 17011 ohn J. Mangan, Esquire c/o 8 -141 7 BUFFIE D. WEIAND, Plaintiff V. GENE R. WEIAND, Defendant Prior Judge Edward E. Guido, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-2472 Civil Term CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE W1TH CUMBERLAND COUNTY RULE OF CIVIUL 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 Jacob W. Weiand 10/26/2000 Shared legal and physical 2. An Order of Court was issued October 2, 2007 and subsequently the parties had conferred and contacted the undersigned regarding an agreement. An Order was issued July 24, 2008 and a conciliation conference was held November 25, 2008 with the following individuals in attendance: The Father, Gene R. Weiand, with his counsel, Joanne Harrison Clough, Esquire The Mother, Buffie D. Weiand, with her counsel, Elizabeth S. Beckley, Esquire 3. The parties agreed to the entry of an Order in the form as attached. /--), L..Z?Z C)5- Date Jo J. gan, Esquire C stod Conciliator BUFFIE D. WEIAND, Plaintiff v. GENE R. WEIAND, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE Defendant :NO. 07-2472 PRAECIPE TO WITHDRAW EQUITABLE DISTRIBUTION, ALIMONY AND ALIMONY PENDENTE LITE, COUNSEL FEES, COST AND EXPENSES COUNTS TO THE PROTHONOTARY: Kindly withdraw the Equitable Distribution, Alimony and Alimony Pendente Lite, Counsel Fees, Costs and Expenses Counts filed in the above - captioned action. DATED: 3/410 of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233 -7691 Respectfully submitted, t S. Attofney for Plaintiff C] :Dm CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Joanne Harrison Clough., Esquire 3820 Market Street Camp Hill, PA 17011 DATED: o7-7YV /e rt1 r r CF THE ROTHO:-;,,,,,,11',,k' MARITAL SETTLEMENT AGREEMENT Nilitirc 1 I p 3: 05 CUMBERLAND c0u4Ais AGREEMENT, made this acii day of February, 2014, by and PENNSYi VAN! A -between BUFFIE D. WEIAND, (hereinafter "WIFE") and GENE R. WEIAND, (hereinafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on July 24, 1999, in Adams County, Pennsylvania; WHEREAS, the parties have one minor (1) child of this marriage, namely, Jacob Weiand, born on October 27, 2000 and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Elizabeth S. Beckley, Esquire and HUSBAND is represented by Joanne Harrison Clough, Esquire. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 07-2472 on April 27, 2007. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree contemporaneously with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the 2 intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance 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. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are no longer joint owners of any real property. 3 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred, by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9, RETIREMENT BENEFITS. HUSBAND hereby waives his right, title, and interest to any of WIFE's pension and/or retirement and any and all other retirement benefits, otherwise disclosed. WIFE hereby waives her right, title and interest to any of HUSBAND's pension and/or retirement and any and all other retirement benefits, otherwise disclosed. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during the marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS. The parties acknowledge that have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 4 11. CASH SETTLEMENT. HUSBAND and WIFE specifically agree in consideration of HUSBAND tendering a check to WIFE in the amount of FIVE THOUSAND DOLLARS (S5,000.00) as equitable distribution and the other provisions of this Agreement, the parties have forever waived any claims they have against each other by virtue of their marital relationship. 12. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 13. TIMESHARES HUSBAND and WIFE specifically agree that in consideration of the cash settlement set forth in Paragraph 11 above, WIFE shall transfer any and all right, title, claim or interest she has or had in the West Palm Beach. Timeshare and the Grand Cayman Timeshare to HUSBAND and they shall forever be his sole and separate property. WIFE agrees to execute any additional documents that may be necessary to effect said transfer(s). 14. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert, that obligation hereunder is discharged or dischargeable. 5 The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 15. ALIMONY, SPOUSAL SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding, that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 16. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 17. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 18. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; 6 (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 19. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 20. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid, in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. e Harrison , Esquire GENE R. WEIAND (HUSBAND) 8 BUFFIE D. WEIAND, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW n :IN DIVORCE --a a _ .r- — -,, GENE R. WEJAND, • rn z rrl_ rn• rn ---1 Defendant :NO. :NO. 07-2472 -< ›. — C3 t < cn -ID AFFIDAVIT OF CONSENT c-- -< ----i -_,.-.0 1. A complaint in divorce under Section 3301(c) of the Divorce Code was C' filed on April 27, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to 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. § 4904 relating to unswom falsification to authorities. Dated: BUFFIE D. WEIAND, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW rn rn :IN DIVORCE GENE R. WEIAND, r- c-D c: WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVBRet DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE . Defendant :NO. 07-2472 OlOnne. -ED I consent to the entry of a final decree of divorce without notice. 2. 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. 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. 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. § 4904 relating to unswom falsification to authorities. Dated: BUFFIE D. WEIAND, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW :IN DIVORCE GENE R. WEIAND, Defendant :NO. 07-2472 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 27; 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to 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. § 4904 relating to unsworn falsification to authorities. Dated: a I lf Gene R. Weiand BUFFIE D. WEIAND, :IN THE COURT OF COMMON PLEAS) Plaintiff ' :CUMBERLAND COUNTY, PENNSYWANIT0 -=-)c;:;) z:i:--- , -7a.c3 ., ---“:7-) v. :CIVIL ACTION - LAW - :IN DIVORCE GENE R. WEIAND, Defendant :NO. 07-2472 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 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. 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. 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. § 4904 relating to unsworn falsification to authorities. Dated: Gene R. Weiand 0 BUFFIE D. WEIAND, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW :IN DIVORCE Defendant :NO. 07-2472 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: GENE R. WEIAND, CD Please transmit the record, together with the following information, to the Court for the entry of a Decree of Divorce. 1. Ground for divorce: irretrievable breakdown of the marriage under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: the complaint was served on Defendant by his Attorney Joanne Harrison Clough, Esquire, accepting service on May 8, 2007. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on February 24, 2014; by defendant on February 17, 2014. 4. Related claims pending: None. All economic claims raised were resolved by a Property Settlement Agreement signed by the parties dated February 24, 2014. 5. (a) Date plaintiff's Waiver of Notice February 24, 2014, and it is being filed contemporaneously herewith. (b) Date defendant's Waiver of Notice February 17, 2014, and it is being filed contemporaneously herewith. DATED: egO/Y of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233 -7691 Respectfully submitted .� Ati Seth S. Attorney for Plaints f CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. DATED: SERVICE BY FIRST CLASS MAIL: Joanne Harrison Clough., Esquire 3820 Market Street Camp Hill, PA 17011 : IN THE COURT OF COMMON PLEAS OF BUFFIE D. WEIAND : CUMBERLAND COUNTY, PENNSYLVANIA V. • • GENE R. WEIAND No. 2007 - 2472 DIVORCE DECREE AND NOW, /7/I,WGJ) 17, ,2d J , it is ordered and decreed that BUFFIE D. WEIAND , plaintiff, and GENE R. WEIAND , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. The Marital Settlement Agreement between the parties shall be incorporated into the final decree for purposes of enforcement, but shall not merge with the final Decree in Divorce. By the - - tttt Attest: J. � -fi r1 • Prothonotary C.'ert 44 mailed 40 ccttAl I3ec .fie H No+;ce+- apPii rn3t actA4 atoLjh may"!:06 17