Loading...
HomeMy WebLinkAbout08-0461JOHSUA J. WEYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HEATHER N. MACDONALD, :NO. 4P? 1 CIVIL TERM Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Joshua J. Weyer, an adult individual currently residing at 810 Lisburn Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Heather N. MacDonald, an adult individual currently residing at 4517 Florence Avenue, Apartment A, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, namely, Caleb J. Weyer, born May 20, 2004. The child was born out of wedlock. 4. For the past five (5) years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS DATES Joshua J. Weyer* 810 Lisburn Road December 2007 to Sandy and Frank Weyer Carlisle, PA 17015 Present (paternal grandparents) Joshua J. Weyer* 71 West Main Street August 2007 to Mechanicsburg, PA 17055 December 2007 Heather N. MacDonald* August 2007 to present *The child has lived with the parties on an approximately equal basis since their separation in August of 2007. Joshua J. Weyer and Heather N. MacDonald 71 West Main Street Mechanicsburg, PA 17055 August 2005 to August 2007 Joshua J. Weyer** Frank and Sandy Weyer David Weyer (uncle) 810 Lisburn Road Carlisle, PA 17015 Heather N. MacDonald** 1115 Baish Road Doug and Karen MacDonald Mechanicsburg, PA 17055 (maternal grandparents) Chris MacDonald (uncle) and his significant other and his child and Courtney MacDonald (aunt) May 20, 2004 to August 2005 May 20, 2004 to August 2005 **The parties were back and forth between each of their parents' residences from the period of time from May 20, 2004 to August 2005. The natural mother of the child is Heather N. MacDonald, who resides as aforesaid. She is single. The natural father of the child is Joshua J. Weyer, who resides as aforesaid. He is single. 5. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with his parents, Frank and Sandy Weyer, and with the child during his periods of custody. 6. The relationship of the Defendant to the child is that of natural mother.. Defendant currently resides alone, and with the child during her periods of custody. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. 8. Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the child to grant the relief requested because: a) Both parties have been and are capable of providing for the day to day needs of the child; b) Both parties can provide a stable home for the child; and c) The parties have shared in the responsibilities of raising the child since the child's birth. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court schedule a Conciliation Conference, followed by a hearing at which the parties are granted shared legal and physical custody of the child. Respectfully submitted, Hannah Herman-Snyder, Esq ire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. , C DATE: )6/1 C Cl) ` _ L JOSHUA J. WEYER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER N. MACDONALD DEFENDANT 2008-0461 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, January 25, 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 Monday, February, 25, 2008 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: !s! ohn . Man an r. Es q. 11 AL 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 ?dt iii, JOSHUA J. WEYER, Plaintiff V. HEATHER N. MACDONALD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-0461 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE I, Hannah Herman-Snyder, Esquire, counsel of record for Plaintiff, state that a true and attested copy of a Custody Complaint was sent to Defendant, Heather N. MacDonald, at her address of 4517 Florence Avenue, Mechanicsburg, Pennsylvania, by certified mail, restricted delivery. A copy of said receipt is attached hereto indicating service was made on February 5, 2008. Hannah Herman-Snyder, Esquir Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this day of , 2008 NOTARY P LIC NOTARIAL SEAL RCMIN J. 9"SETT Nolmy Public ?!O409ft CUMURA D MIIINr? t App 17..2011 m r-q ru to CO S CO Ln r-3 _ C3 Postage S , O O Certified Fee f dj -0 (E^ t Ry , a t o a t Here (Entlorasment FA,qurecq Total Pew. Fea C f%- t r-? Y r,Q ?g g 7 2008 3 JOSHUA J. WEYER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER N. MACDONALD Defendant No. 08-0461 Civil Term : ACTION IN CUSTODY tM COURT ORDER AND NOW, this; day of February, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: This Order is entered pursuant to a Custody Conciliation G erence. A Custody Hearing is hereby scheduled on the &A 34 day of 8&V , 2008 at 6 am/J& in Courtroom number min the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the hearing date. 2. The parties shall share legal custody of the child. Each parent shall have an equal right to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regards to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports, given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. The parties shall share physical custody of the child as follows: a. Week 1- (commencing 2/21/08)-Father shall exercise custody of the child from Thursday through Monday; b. Week 2-(commencing 2/28/08)- Father shall have custody of the child from Thursday though Sunday; C. Mother shall exercise custody at all other times not specifically set forth above; and d. The parties shall share other periods of custody as agreed upon between the parties. 4. The custodial exchanges shall occur at 6:00 pm (the Monday exchanges shall occur at 9:00 am) unless otherwise mutually agreed upon and the transportation shall be shared as mutually agreed upon. 5. The Christmas holiday shall be shared such that all even numbers, Mother shall exercise custody from 3:00 p.m. on Christmas Eve to 3:00 p.m. on Christmas Day, and Father shall exercise custody from 3:00 p.m. on Christmas Day to 3:00 p.m. on December 26th. This schedule shall alternate in odd numbered years. 6. The New Year's holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. on New Year's Eve to 3:00 p.m. on New Year's Day, and Mother shall exercise custody from 3:00 p.m. on New Year's Day to 3:00 p.m. on January 2nd. This schedule shall alternate in odd numbered years. 7. The Easter holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. the evening before Easter to 3:00 p.m. on Easter Day, and Mother Shall exercise custody from 3:00 p.m. on Easter Day to 3:00 p.m. the day after Easter. This schedule shall alternate in odd numbered years. 8. Mother and Father shall exercise custody every year for Mother's/Father's Day respectively from 10:00 a.m. to 8:00 p.m. 9. The Fourth of July holiday shall be shared such that in all even numbered years thereafter, Mother shall exercise custody from 3:00 p.m. the evening before July 4th to 3:00 p.m. on July 4th, and Father shall exercise custody from 3:00 p.m. on July 4th to 3:00 p.m. on July 5th. This schedule shall alternate in odd numbered years. 10. Father shall exercise custody every year for the Halloween holiday for the trick- or-treat night in his area and if Mother's trick-or-treat night is a different night and she desires to have custody of the child for trick-or-treating, Father shall make the child available. 11. The Thanksgiving holiday shall be shared such that in all even numbered years, Father shall exercise custody from 3:00 p.m. the evening before Thanksgiving to 3:00 p.m. on Thanksgiving Day, and Mother shall exercise custody from 3:00 p.m. on Thanksgiving Day to 3:00 p.m. the day after Thanksgiving Day. This schedule can alternate in odd numbered years. 12. Birthday: In even numbered years, Mother shall have custody from 3:00 pm May 19 until 3:00 May 20 with Father having from 3:00 pm until 8:00 pm. The parents shall reverse this schedule in odd-numbered years. The parties may alter said times by mutual agreement. 13. Each party shall be entitled to two (2) non-consecutive weeks (six overnights) of summer vacation every year. Each party will provide the other party thirty (30) days notice of when he/she intends to take said vacation. 14. In the event that a party wishes to visit outside of the jurisdiction of Pennsylvania, at least twenty-four (24) hours notice must be given to the non-custodial parent with a telephone number and location of where the child will be. 15. Neither party shall consume drugs or alcohol, nor should either party have the child in the presence of drugs or alcohol when the child is in his or her custody. 16. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent wit the proper medical care of the child. 17. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 18. This Order is entered pursuant to a conciliation conference. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. URT, J. Cc: ? 4annah Herman-Snyder, Esq. ,/Gerald Shekletski, Esq., 414 Bridge Street, New Cumberland, PA 17070 i/John J. Mangan, Esq. i rYi-'ac Lc? C " -1 + n. ; o Illl? itv14 : hJ C_, I - a ! #s 6 ? u3 G7 DHI JOSHUA J. WEYER V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA HEATHER N. MACDONALD Defendant No. 08-0461 Civil Term 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 Caleb J. Weyer 5/20/2004 Mother and Father 2. A Conciliation Conference was held on February 25, 2008 with the following individuals in attendance: The Father, Joshua J. Weyer, with his counsel, Hannah Herman-Snyder, Esquire The Mother, Heather N. MacDonald, appeared via telephone and is represented by Gerald Shekletski, Esquire 3. Father's position on custody is as follows: Father maintains that since the parties have separated in August 2007, Father has had a shared physical custody arrangement with Mother. In week one, Father has Thursday through Monday and in Week 2, Father has Thursday through Sunday. Father requests that the current situation continue per an Order of Court. There had been some issues regarding a holiday schedule, but during the conciliation, the parties have essentially agreed to the holiday schedule as recommended. Father requests that the shared physical custody situation continue and maintains that this would be in the Child's best interest. 4. Mother's position is as follows: Mother concedes that since August 2007, the parties have shared physical custody of Caleb. However, Mother asserts that prior to the separation in August 2007, she had been the primary care-giver for Caleb. Mother does not agree to continue the status-quo with shared physical custody. Mother has concerns regarding Father's ability to properly care for Caleb and has concerns regarding alleged violence by Father. Mother has agreed to continue the physical custody situation as recommended pending a . Court hearing on the matter. Mother had proposed that she have Monday through Friday and Father having every weekend with Caleb. In the alternative, Mother proposed Father to have Monday through Wednesday and every other weekend. Mother maintains that her proposals would be in the Child's best interest. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing before the Court. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require half a day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: ?? ??4z- JOSHUA J. WEYER, Plaintiff/Petitioner V. HEATHER N. MACDONALD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-0461 CIVIL TERM IN CUSTODY PETITION FOR ENFORCEMENT OF A CUSTODY ORDER AND CONTEMPT OF A CUSTODY ORDER AND NOW comes Joshua J. Weyer, by and through his attorney of record, Hannah Herman-Snyder, Esquire, and the law firm of Griffie & Associates and petitions the Court as follows: 1. Petitioner, Joshua J. Weyer, is the above named Plaintiff, hereinafter referred to as "Father," an adult individual currently residing at 810 Lisburn Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent, Heather N. MacDonald, is the above named Defendant, hereinafter referred to as "Mother," an adult individual currently residing at 272 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, namely, Caleb J. Weyer, born May 20, 2004. 4. The parties are subject to an Order of Court, dated February 28, 2008, whereby they share legal and physical custody of the child, with physical custody being shared on an equal basis and on a two week rotation such that during the first week, Father exercises custody of the child from Thursday through Monday and during the second week, Father exercises custody of the child from Thursday through Sunday, copy of the Order is attached hereto and incorporated herein by reference as Exhibit "A". 5. On or about Tuesday, March 4, 2008, Mother falsely accused Father's parents, Frank and Sandy Weyer, with whom he resides, of sexually abusing the child. 6. The false accusation came after the conciliation conference, held on February 25, 2008, at which time Mother agreed to the current arrangement of shared physical custody, which was the status quo as of August 2007, knowing that Father lived with his parents. 7. The false accusation also came after Mother informed Father that she would do whatever she had to do to obtain primary physical custody of the parties' child, saying she would accuse him of abusing the child. 8. The false accusation also came after Mother stated at the support conference, held on February 13, 2008, that she trusted Father's parents very much when speaking in reference to their role as daycare providers. 9. Children and Youth Services of Cumberland County is investigating the sexual abuse allegations, and as part of the investigation Children's Resource Center interviewed the child on March 11, 2008 and the conclusion of the Children's Resource Center is that there is no evidence of physical or sexual abuse. 10. Because Children and Youth Services still needs to finalize its investigation, Father has agreed with Children and Youth Services of Cumberland County that he will be present at all times that the child is with his parents, until said investigation is finalized. 11. On Thursday, March 6, 2008, which was the beginning of Father's scheduled custodial period, Mother refused to exchange custody with Father. 12. Since March 6, 2008, the Middlesex Township Police attempted to assist to effectuate a custody transfer; however, Mother was not home with one attempt and then refused the police officer's subsequent request that Mother at least bring the child to the police station so that Father could see the child. 13. The Honorable Edward E. Guido signed the Order of February 28, 2008 and a hearing is scheduled before him for April 23, 2008 at 9:30 a.m. 13. While Mother has represented that Gerald Shekletski, Esquire represents her in custody matters, upon the undersigned contacting Attorney Shekletski on Friday, March 7, 2008, the undersigned was informed by Attorney Shekletski that he has not been retained to represent Mother in custody matters; therefore, notice of the filing of this Petition is being sent directly to Mother via first class mail, postage prepaid. WHEREFORE, Father prays your Honorable Court grant the following relief: a. Adjudge Mother in contempt of its Order of February 28, 2008; b. Impose such sanctions and penalties as deemed appropriate to assure Mother's future compliance with this Court's Orders in this matter; C. Award Father compensatory custodial time for the time wrongfully deprived from him by Mother; d. Award Father attorney's fees which the court deems equitable and just; and e. Order that the police department of any appropriate jurisdiction, constable or deputy of the Sheriff's Office shall enforce the provisions of the Order of February 28, 2008. Respectfully submitted, Hannah Herman-Snyder, squire Attorney for Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: 4t t JO r`UA V.EYER ?r R 'FEB " 2", JOSHUA J. WEYER V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA HEATHER N. MACDONALD Defendant : No. 08-0461 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this%0 day of February, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: This Order is entered pursuant to a Custody Conciliation G nference. A Custody Hearing is hereby scheduled on the a3 day of _' - 2008 at U am/*m in Courtroom number min the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the hearing date. 2. The parties shall share legal custody of the child. Each parent shall have an equal right to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regards to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports, given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. - a -A 3. The parties shall share physical custody of the child as follows: a. Week 1- (commencing 2/21/08)-Father shall exercise custody of the child from Thursday through Monday; b. Week 2-(commencing 2/28/08)- Father shall have custody of the child from Thursday though Sunday; C. Mother shall exercise custody at all other times not specifically set forth above; and d. The parties shall share other periods of custody as agreed upon between the parties. 4. The custodial exchanges shall occur at 6:00 pm (the Monday exchanges shall occur at 9:00 am) unless otherwise mutually agreed upon and the transportation shall be shared as mutually agreed upon. The Christmas holiday shall be shared such that all even numbers, Mother shall exercise custody from 3:00 p.m. on Christmas Eve to 3:00 p.m. on Christmas Day, and Father shall exercise custody from 3:00 p.m. on Christmas Day to 3:00 p.m. on December 26th. This schedule shall alternate in odd numbered years. 6. The New Year's holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. on New Year's Eve to 3:00 p.m. on New Year's Day, and Mother shall exercise custody from 3:00 p.m. on New Year's Day to 3:00 p.m. on January 2nd. This schedule shall alternate in odd numbered years. 7. The Easter holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. the evening before Easter to 3:00 p.m. on Easter Day, and Mother Shall exercise custody from 3:00 p.m. on Easter Day to 3:00 p.m. the day after Easter. This schedule shall alternate in odd numbered years. 8. Mother and Father shall.exercise custody every year for Mother's/Father's Day respectively from 10:00 a.m. to 8:00 p.m. 9. The Fourth of July holiday shall be shared such that in all even numbered years thereafter, Mother shall exercise custody from 3:00 p.m. the evening before July 4th to 3:00 p.m. on July 4th, and Father shall exercise custody from 3:00 p.m. on July 4th to 3:00 p.m. on July 5th. This schedule shall alternate in odd numbered years. 10. Father shall exercise custody every year for the Halloween holiday for the trick- or-treat night in his area and if Mother's trick-or-treat night is a different night and she desires to have custody of the child for trick-or-treating, Father shall make the child available. 1-1. The Thanksgiving holiday shall be shared such that in all even numbered years, Father shall exercise custody from 3:00 p.m. the evening before Thanksgiving to 3:00 p.m. on Thanksgiving Day, and Mother shall exercise custody from 3:00 p.m. on Thanksgiving Day to 3:00 p.m. the day after Thanksgiving Day. This schedule can alternate in odd numbered years. 12. Birthday: In even numbered years, Mother shall have custody from 3:00 pm May 19 until 3:00 May 20 with Father having from 3:00 pm until 8:00 pm. The parents shall reverse this schedule in odd-numbered years. The parties may alter said times by mutual agreement. 13. Each party shall be entitled to two (2) non-consecutive weeks (six overnights) of summer vacation every year. Each party will provide the other party thirty (30) days notice of when he/she intends to take said vacation. 14. In the event that a party wishes to visit outside of the jurisdiction of Pennsylvania, at least twenty-four (24) hours notice must be given to the non-custodial parent with a telephone number and location of where the child will be. 15. Neither party shall consume drugs or alcohol, nor should either party have the child in the presence of drugs or alcohol when the child is in his or her custody. 16. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent wit the proper medical care of the child. 17. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 18. This Order is entered pursuant to a conciliation conference. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. URT, J. Cc: Hannah Herman-Snyder, Esq. Gerald Shekletski, Esq., 414 Bridge Street, New Cumberland, PA 17070 John J. Mangan, Esq. 5 , 12 JOSHUA J. WEYER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HEATHER N. MACDONALD, NO. 08-0461 CIVIL TERM Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the _`` day of March, 2008, cause a copy of Plaintiff's Petition for Enforcement of a Custody Order and Contempt of a Custody Order to be served upon Defendant/Respondent by serving her by first-class mail, postage prepaid at the following address: Heather MacDonald 272 North Middlesex Road Carlisle, PA 17013 DATE: ]S - 1 t -orb % m ak ')A R,?L MW), =&I'd U- Hannah Herman-Snyder, Esquire Attorney for Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 71 1 N Q W V N C7 G ? 47a MNt112006? ?y J JOSHUA J. WEYER, Plaintiff/Petitioner V. HEATHER N. MACDONALD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-0461 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this day of /"W&464?\ , 2008, upon consideration and review of the attached Petition for Enforcement of a Custody Order and Contempt of a Custody ,ti?d'.i 4& Order, IT IS HEREBY ORDERED AND DECREED that the BY Edward E. Guido, Judge t..? 3"'3-?& Y ?? JOSHUA J. WEYER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-461 CIVIL ACTION LAW HEATHER N. MACDONALD IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, March 13, 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 Monday, April 07, 2008 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. 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: ls/ John . 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 I 148 C 1 8VN $DOZ J-IHI 3() MAR 8 5 2008 p+Y 3 JOSHUA J. WEYER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER N. MACDONALD Defendant Prior Judge: Edward E. Guido, J. : No. 08-0461 Civil Term : ACTION IN CUSTODY t?l COURT ORDER AND NOW, this A day of March, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The prior Order of Court dated February 28, 2008 shall remain in full force and effect with the following modifications: a. In regard to paragraph four (4), all custodial exchanges shall occur at 6:00 pm unless otherwise mutually agreed upon and the transportation shall be shared as mutually agreed upon. b. In regard to paragraph twelve (12), the Child's birthday shall be arranged as follows: In even numbered years, Mother shall have custody from 3:00 pm the day before the Child's birthday until 3:00 pm the day of the Child's birthday and Father shall have from 3:00 pm the day of the Child's birthday until 3:00 pm the day following the Child's birthday, with this schedule to reverse in odd-numbered years. The parties may alter said times by mutual agreement. T, J. Cc: 16mah Herman-Snyder, Esq. ,,?ather MacDonald, 272 North Middlesex Road, Carlisle, PA 17013 ?^n J. Mangan, Esq. J o% 03 •01 WV 9z Ow BOOZ ?t3'd?Gfvv?+1°??? ?Nl ?C ._ JOSHUA J. WEYER V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA HEATHER N. MACDONALD Defendant Prior Judge: Edward E. Guido, J. : No. 08-0461 Civil Term : 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 Caleb J. Weyer 5/20/2004 Mother and Father 2. A Conciliation Conference was held on February 25, 2008 with the following individuals in attendance: The Father, Joshua J. Weyer, with his counsel, Hannah Herman-Snyder, Esquire The Mother, Heather N. MacDonald, appeared via telephone and is pro se An Order of Court was issued February 28, 2008 and a hearing date is set for April 23, 2008. However, in the interim, Father has filed a Petition for Enforcement and Contempt and a conciliation is scheduled for April 7, 2008. Father's counsel has contacted the assigned conciliator regarding a clarification/ accurate reflection of the February 28, 2008 Order. 3. Father's position on custody is as follows: Father maintains that since the parties have separated in August 2007, Father has had a shared physical custody arrangement with Mother. In week one, Father has Thursday through Monday and in Week 2, Father has Thursday through Sunday. Father requests that the current situation continue per an Order of Court. There had been some issues regarding a holiday schedule, but during the conciliation, the parties have essentially agreed to the holiday schedule as recommended. Father requests that the shared physical custody situation continue and maintains that this would be in the Child's best interest. 4. Mother's position is as follows: Mother concedes that since August 2007, the parties have shared physical custody of Caleb. However, Mother asserts that prior to the separation in August 2007, she had been the primary care-giver for Caleb. Mother does not agree to continue the status-quo with shared physical custody. Mother has concerns regarding Father's ability to properly care for Caleb and has concerns regarding alleged violence by Father. Mother has agreed to continue the physical custody situation as recommended pending a Court hearing on the matter. Mother had proposed that she have Monday through Friday and Father having every weekend with Caleb. In the alternative, Mother proposed Father to have Monday through Wednesday and every other weekend. Mother maintains that her proposals would be in the Child's best interest. Date: 3l ZS C?? Jo . t gan, EsC tody nciliator 0 JOSHUA J. WEYER, Plaintiff VS. HEATHER N. MACDONALD, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 0461 CIVIL ACTION - LAW IN DIVORCE ENTRY OF APPEARANCE Kindly enter the appearance of Linda A. Clotfelter, Esquire, for Defendant in the above- captioned matter. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Dater #y"' Li da A. Clotfelter, Esquire At omey I.D. 72963 5921 E. Trindle Road, Suite 1 Mechanicsburg, PA 17050 717-796-1930 Telephone 717-796-1933 Facsimile JOSHUA J. WEYER, PLAINTIFF VS. HEATHER N. MACDONALD, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-0461 : CIVIL ACTION -LAW : ACTION FOR DIVORCE CERTIFICATE OF SERVICE h AND NOW, on this qt day of April, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing ENTRY OF APPEARANCE was served upon the interested parties by Facsimile and United States First Class Mail, postage prepaid, addressed as follows: Hannah Herman-Snyder, Esquire 200 North Hanover Street Carlisle, PA 17013 John J. Mangan, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER JA1 a A. Clotfelter, Esquire rney ID No. 72963 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile ?s t, ?:- ? ? ?..: -q C,Y: '?' ..- --? f O JOSHUA J. WEYER, PLAINTIFF VS. HEATHER N. MACDONALD, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0461 CIVIL ACTION - LAW ACTION FOR DIVORCE ANSWER TO PETITION FOR ENFORCEMENT AND CONTEMPT OF A CUSTODY ORDER AND NOW, comes Defendant, Heather N. MacDonald, (hereinafter "Mother"), by and through her counsel, Linda A. Clotfelter, Esquire, who files this Answer to Petition for Enforcement and Contempt of a Custody Order, respectfully stating as follows: 1. through 4. Admitted. 5. Denied. It is specifically denied that Mother falsely accused the paternal grandparents of sexually abusing the child. In further answer, Mother, to ensure her child's safety, was compelled to report to the proper authorities certain statements made by the child as well as the child's inexplicable and at times violent behavior. Therefore, strict proof thereof is demanded. 6. Admitted in part and denied in part. It is admitted that a conciliation took place and that Mother agreed to a temporary order as entered pending a hearing. Given the recent events it is apparent that a complete custody evaluation is imperative in determining the best interests of the child. Accordingly, Mother seeks to have one completed with the costs being allocated between the parties. 7. Denied. It is specifically denied that Mother made false accusations and further denied that she in any way threatened Father with such conduct. Therefore, strict proof thereof is demanded. 8. Admitted. In further answer hereof, both parties had to rely upon the paternal grandparents to care for the child on a part time basis while Mother worked weekends when the family was intact because Father was unable to care for the child on his own. 9. Admitted in part and denied in part. It is admitted that Children's Resource Center interviewed the child, but the remaining allegations are denied. The investigation continues and Mother lacks sufficient knowledge of the remaining allegations. Therefore, strict proof thereof is demanded. 10. Admitted in part and denied in part. It is admitted that Father told Children and Youth Services ("CYS") that he would comply with their safety plan. However, the implication that he meant that is denied. After his statement to CYS, he immediately informed Mother that he did not intend to comply with the safety plan and he appeared at Mother's home in a crazed state causing Mother to fear for her and the child's safety. 11. Admitted in part and denied in part. It is admitted that Mother refused the transfer but the implication that it was improper is denied. Mother's actions where done solely in the interest of the safety of the child. She was compelled to do this due to Father's violence and irrational behavior in banging on her door damaging it and leaving skid marks in her driveway, together with Father's clear statements to Mother of his intended non-compliance with the safety plan. 12. Admitted in part and denied in part. It is admitted that Mother did not initially transfer the child. See answer to paragraph 11, above. However, more recently Father has promised to comply fully with the safety plan and based upon those assurances, Mother has reluctantly agreed to the custody transfers as ordered. Due to Father's inability to care for the child and given Father's work schedule and the realities of life, unsupervised time with the grandparents is inevitable. Accordingly, in the interest of assuring the child's safety, Mother now seeks to have Father's time supervised by a party other than Father. It has always been the grandparents that have provided the daily care for the child while in Father's custody and with the pending investigation, supervision by a third party to ensure full compliance with the safety plan is clearly justified. 13. (first one) Admitted, however due to the need for a custody evaluation, Mother seeks a continuance of the hearing scheduled for April 23, 2008. 13. (second one) Admitted. Mother is now represented by the undersigned attorney. WHEREFORE, Defendant requests that this Honorable Court deny Father's Petition for Enforcement and Contempt and order the following: a. That a custody evaluation be scheduled with the costs allocated between the parties; b. That the pending hearing be continued; C. That the parties be granted shared legal custody; primary physical custody to Mother; and supervised partial custody to Father; d. Order Father to undergo a drug and alcohol evaluation; e. Prohibit paternal grandparents unsupervised contact with the Child; and f Grant such other relief that this court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: Q L da A. Clotfelter, Esquire A orney I.D. No. 72963 5021 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 Attorney for Defendant (717) 796-1930 Telephone (717) 796-1933 Facsimile JOSHUA J. WEYER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-0461 HEATHER N. MACDONALD, CIVIL ACTION -LAW DEFENDANT ACTION FOR DIVORCE VERIFICATION I, HEATHER MACDONALD, verify that the statements 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 of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 3 JOE t I li a+ 1VL ftUBQW HEATHER MACDONALD JOSHUA J. WEYER, PLAINTIFF VS. HEATHER N. MACDONALD, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-0461 : CIVIL ACTION -LAW : ACTION FOR DIVORCE CERTIFICATE OF SERVICE AND NOW, on this qoiday of April, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing ANSWER TO PETITION FOR ENFORCEMENT AND CONTEMPT OF A CUSTODY ORDER was served upon the interested parties by Facsimile and United States First Class Mail, postage prepaid as follows: Hannah Herman-Snyder, Esquire 200 North Hanover Street Carlisle, PA 17013 John J. Mangan, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER Ljnda A. Clotfelter, Esquire orney ID No. 72963 021 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile 12-9 1 , JOSHUA J. WEYER, PLAINTIFF VS. HEATHER N. MACDONALD, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0461 CIVIL ACTION -LAW ACTION FOR DIVORCE ANSWER TO COMPLAINT FOR CUSTODY AND NOW, comes Defendant, Heather N. MacDonald, (hereinafter "Mother"), by and through her counsel, Linda A. Clotfelter, Esquire, who files this Answer to Plaintiff's Complaint for Custody, respectfully stating as follows: 1. through 8. Admitted. 9. Denied. The allegations of this paragraph and its subparts are specifically denied. In further answer hereof, it is clear under the disturbing facts of this case that a custody evaluation is essential. Plaintiff, Joshua J. Weyer, (hereinafter "Father") does not have the ability to provide the daily care for the parties' child nor is he personally able to provide a stable home environment. Defendant was a stay at home Mother until recently and she has provided the child with his primary care since birth. It is Mother and not Father who handles the child's childcare; healthcare; doctor's appointments; illnesses; and clothing. Moreover, since the parties' separation in August, 2007, Father has been irresponsible and unstable. Specifically, he has been evicted from his apartment; he almost lost his vehicle to repossession; he has had to rely upon family members for housing; and he has shown repeated conduct that is clearly not in the best interest of the child including the following: i. Father, who is not yet 21 years of age, drinks alcohol to excess on a regular basis. On one occasion he has passed out on the couch leaving the child unsupervised in another room and at risk. Father's own parents have admitted to Mother that Father is a horrible parent and that he is unsafe due to his constant partying. 0 ii. Father has not made himself available for the child's care and instead has left the child with third parties consistently since the parties' separation. Most recently, the third parties that Father relies upon are the subject of an investigation being conducted by Children and Youth Services, which is incomplete at this time. Due to one of the party's public admissions of being sexually abused as a child, Mother feels compelled to request a custody evaluation so that a professional can determine what custody arrangement is truly in the best interests of the child. Since Mother is not financial able to pay for the cost of the evaluation, she seeks to have the costs allocated between the parties. iii. Father's recent and past conduct has been questionable. Very recently, while irate, Father's has shown such hostility towards Mother that he caused damage to her door while violently banging on it. Also, in his fury he left skid marks on Mother's driveway, all in which is included in a police report. A prior police report also exists as a result of a past incident where Father caused himself severe bodily injury while the child was present, so Father's conduct and its affect on the child is a true concern. iv. Some effects of Father's erratic and violent behavior and possibly other potential abuse within Father's household have been apparent in the child's drastic change in behavior. This child, who was potty trained, has digressed significantly. He is at times defiant and acts out violently. He has also on occasion acted inexplicably and in a way that would indicate there is a severe problem. For example, regardless of where he is, he has on occasion dropped his drawers and urinated where he stood. The child has also made statements indicating that there may have been inappropriate conduct within Father and paternal grandparent's home, which prompted the current investigation and the safety plan that was put in place. 10. Admitted. WHEREFORE, Defendant requests that this Honorable Court order the following: a. That a custody evaluation be scheduled with the costs allocated between the parties; b. That the pending hearing be continued; C. That the parties be granted shared legal custody; primary physical custody to Mother; and supervised partial custody to Father; d. Order Father to undergo a drug and alcohol evaluation; e. Prohibit paternal grandparents unsupervised contact with the Child; and Grant such other relief that this court deems just and proper. Respectfully submitted, Date: 4 0 LAW FIRM OF LINDA A. CLOTFELTER Li a A. Clotfelter, Esquire At rney I.D. No. 72963 1621 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Attorney for Defendant (717) 796-1930 Telephone (717) 796-1933 Facsimile < . . JOSHUA J. WEYER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-0461 HEATHER N. MACDONALD, : CIVIL ACTION -LAW DEFENDANT : ACTION FOR DIVORCE VERIFICATION I, HEATHER MACDONALD, verify that the statements 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 of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: y 10 e LLJU±-nL n., t HEATHER MACDONALD IL . JOSHUA J. WEYER, PLAINTIFF VS. HEATHER N. MACDONALD, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0461 CIVIL ACTION - LAW ACTION FOR DIVORCE CERTIFICATE OF SERVICE AND NOW, on this q day of April, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing ANSWER TO COMPLAINT was served upon the interested parties by Facsimile and United States First Class Mail, postage prepaid as follows: Hannah Herman-Snyder, Esquire 200 North Hanover Street Carlisle, PA 17013 John J. Mangan, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER By: da A. Clotfelter, Esquire A orney ID No. 72963 21 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile tr+ t JOSHUA J. WEYER, Plaintiff/Petitioner V. HEATHER N. MACDONALD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 08-0461 CIVIL TERM JUDGE EDWARD E. GUIDO IN CUSTODY PETITION FOR CONTINUANCE AND CUSTODY EVALUATION AND NOW comes Joshua J. Weyer, by and through his attorney of record, Hannah Herman-Snyder, Esquire, and the law firm of Griffie & Associates and petitions the Court as follows: 1. Petitioner, Joshua J. Weyer, is the above named Plaintiff, hereinafter referred to as "Father," an adult individual currently residing at 810 Lisburn Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent, Heather N. MacDonald, is the above named Defendant. hereinafter referred to as "Mother," an adult individual currently residing at 272 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, namely, Caleb J. Weyer, born May 20, 2004. 4. The parties are subject to an Order of Court, dated February 28, 2008, as modified by the Order of Court, dated March 26, 2008, whereby they share legal and physical custody of the child, with physical custody being shared on an equal basis and on a two week rotation such that during the first week, Father exercises custody of the child from Thursday through Monday and during the second week, Father exercises N custody of the child from Thursday through Sunday, copy of the Orders are attached hereto and incorporated herein by reference as Exhibit "A" and Exhibit "B" respectively. 5. The Orders of February 28, 2008 and March 26, 2008 were based on the agreement of the parties at a conciliation conference held on February 25, 2008 and represented the custodial status quo since the parties' separation in or about August 2007. 6. Father initiated the custody action on January 22, 2008 to simply solidify the custodial status quo. 7. Father filed a Petition for Enforcement and Contempt of a Custody Order on March 11, 2008 after Mother withheld the child from him during his custodial period, which she did after making false allegations against Father's parents, Frank and Sandy Weyer, with whom he resides, regarding their sexual abuse of the child. 8. Based on Father's Petition for Enforcement and Contempt of a Custody Order, a custody conciliation was scheduled for Monday, April 7, 2008. 9. On or about Friday, April 4, 2008, Mother served Father with an Answer to Complaint for Custody and an Answer to Petition for Enforcement and Contempt of a Custody Order, copies of which are attached hereto and incorporated by reference as Exhibit "C" and Exhibit "D" respectively. 10. Pursuant to both of her responses, Mother requested a custody evaluation, with the costs to be allocated between the parties, more specifically, in her Answer to Petition 1 4 for Enforcement and Contempt of a Custody Order, Mother stated, "a complete custodv evaluation is imperative in determining the best interests of the child." 11. Pursuant to both of her responses, Mother also requested that Father undergo a drug and alcohol evaluation and that the pending hearing, scheduled for April 23, 2008, be rescheduled. 12. As Father found Mother's allegations of sexual abuse against his parents outrageous and extreme and as the matter is being investigated by Children and Youth Services, he did not believe a full custody evaluation was necessary at the time of the beginning of the conciliation conference of April 7, 2008. 13. However, once the parties spoke at conciliation and Mother more fully vented her concerns regarding psychological and psychiatric issues in regards to both the child and Father, the parties discussed and agreed to begin co-parenting counseling and play therapy for the child. 14. "The parties also discussed both parties, at the very least, participating in a psychological and/or psychiatric examination and a drug and alcohol evaluation after Mother determined that she no longer wanted a full custody evaluation, and the parties agreed to discuss these matters with the custody conciliator on Monday, April 14, 2008, after having a chance to look into costs and scheduling matters. 15. At this time, Father believes that a full custody evaluation is imperative and that the more limited drug and alcohol evaluation and psychiatric/psychological evaluation that were discussed, can easily be accomplished as part of a fully comprehensive custody evaluation. 16. After the conciliation conference, it became apparent to Father that Mother was raising very serious issues of both a psychological and psychiatric nature and a full custody evaluation will provide the parties and the Court with invaluable evidence regarding both parties, the child and the parties' households. 17. Counsel for the parties have been in communication since Tuesday, April 8, 2008 and Mother will not agree at this time to participate in the full custody evaluation she clearly believed was "imperative" at the time she filed her responses to Father's pleadings a week ago. 18. Mother will not agree to allocate the costs for a full custody evaluation, as she recommended in her pleadings, which should be allocated equally as the parties' incomes are equal, as determined by the Domestic Relations Office after Mother initiated a support action, which was dismissed on or about February 13, 2008. 19. Father believes and therefore avers that a continuance of the hearing scheduled for April 23, 2008 is necessary for the following reasons: a. While the Children's Resource Center, who spoke with the child and the parties on or about March 11, 2008 found no sign of physical or sexual abuse, a continuance will allow time for Children and Youth Services to finalize their investigation regarding Father's parents alleged sexual abuse of the child, thus providing the Court with that important piece of information. b. To allow time for the parties to participate in co-parenting counseling and for the child to participate in play therapy such that there is some feedback from the professionals with whom the parties interact. C. To allow time for a full custody evaluation so that the parties and the Court have all relevant information, including psychological and psychiatric testing before them. 20. The Honorable Edward E. Guido is the Judge involved with this case and assigned to hear the matter when it is ripe for decision. 21. While Linda A. Clotfelter, Esquire, counsel for Mother and the undersigned have spoken during the week of April 7, 2008 regarding the requested relief, Attorney Clotfelter informed the undersigned on April 10, 2008 that Mother does not concur in the request for relief. WHEREFORE, Father prays your Honorable Court grant the following relief: a. Order the parties to participate in a custody evaluation, with the evaluator to be agreed upon between the parties, and the costs of the custody evaluation to be shared equally between the parties; and b. Continue the hearing currently scheduled for April 23, 2008. Respectfully submitted, Hannah Herman-Snyder, Es uire Attorney for Plaintiff /Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: ,, 1/oo v 1 1 f R` JOSHUA J. WEYER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER N. MACDONALD Defendant : No. 08-0461 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this%D day of February, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This Order is entered pursuant to a Custody Conciliation G nference. A Custody Hearing is hereby scheduled on the a3 day of 8PIAZ , 2008 at tr 3U am/*t in Courtroom numbein the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Mother shall be deemed to be the moving parry and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each parry's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the hearing date. 2. The parties shall share legal custody of the child. Each parent shall have an equal right to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regards to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any report's, given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. J Q W? J Q /I U1 Q 3. The parties shall share physical custody of the child as follows: a. Week 1- (commencing 2/21/08)-Father shall exercise custody of the child from Thursday through Monday; b. Week 2-(commencing 2/28/08)- Father shall have custody of the child from Thursday though Sunday; C. Mother shall exercise custody at all other times not specifically set forth above; and d. The parties shall share other periods of custody as agreed upon between the parties. 4. The custodial exchanges shall occur at 6:00 pm (the Monday exchanges shall occur at 9:00 am) unless otherwise mutually agreed upon and the transportation shall be shared as mutually agreed upon. 5. The Christmas holiday shall be shared such that all even numbers, Mother shall exercise custody from 3:00 p.m. on Christmas Eve to 3:00 p.m. on Christmas Day, and Father shall exercise custody from 3:00 p.m. on Christmas Day to 3:00 p.m. on December 26th. This schedule shall alternate in odd numbered years. 6. The New Year's holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. on New Year's Eve to 3:00 p.m. on New Year's Day, and Mother shall exercise custody from 3:00 p.m. on New Year's Day to 3:00 p.m. on January 2nd. This schedule shall alternate in odd numbered years. 7. The Easter holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. the evening before Easter to 3:00 p.m. on Easter Day, and Mother Shall exercise custody from 3:00 p.m. on Easter Day to 3:00 p.m. the day after Easter. This schedule shall alternate in odd numbered years. 8. Mother and Father shall exercise custody every year for Mother's/Father's Day respectively from 10:00 a.m. to 8:00 p.m. 9. The Fourth of July holiday shall be shared such that in all even numbered years thereafter, Mother shall exercise custody from 3:00 p.m. the evening before July 4th to 3:00 p.m. on July 4th, and Father shall exercise custody from 3:00 p.m. on July 4th to 3:00 p.m. on July 5th. This schedule shall alternate in odd numbered years. 10. Father shall exercise custody every year for the Halloween holiday for the trick- or-treat night in his area and if Mother's trick-or-treat night is a different night and she desires to have custody of the child for trick-or-treating, Father shall make the child available. 11. The Thanksgiving holiday shall be shared such that in all even numbered years, Father shall exercise custody from 3:00 p.m. the evening before Thanksgiving to 3:00 p.m. on Thanksgiving Day, and Mother shall exercise custody from 3:00 p.m. on Thanksgiving Day to 3:00 p.m. the day after Thanksgiving Day. This schedule can alternate in odd numbered years. 12. Birthday: In even numbered years, Mother shall have custody from 3:00 pm May 19 until 3:00 May 20 with Father having from 3:00 pm until 8:00 pm. The parents shall reverse this schedule in odd-numbered years. The parties may alter said times by mutual agreement. 13. Each party shall be entitled to two (2) non-consecutive weeks (six overnights) of summer vacation every year. Each party will provide the other party thirty (30) days notice of when he/she intends to take said vacation. 14. In the event that a party wishes to visit outside of the jurisdiction of Pennsylvania, at least twenty-four (24) hours notice must be given to the non-custodial parent with a telephone number and location of where the child will be. 15. Neither parry shall consume drugs or alcohol, nor should either party have the child in the presence of drugs or alcohol when the child is in his or her custody. 16. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent wit the proper medical care of the child. 17. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 18. This Order is entered pursuant to a conciliation conference. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. URT, J. Cc: Hannah Herman-Snyder, Esq. Gerald Shekletski, Esq., 414 Bridge Street, New Cumberland, PA 17070 John J. Mangan, Esq. t r [, r A xF to qz JOSHUA J. WEYER V. Plaintiff HEATHER N. MACDONALD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-0461 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SAY 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 Caleb J. Weyer 5/20/2004 Mother and Father 2. A Conciliation Conference was held on February 25, 2008 with the following individuals in attendance: The Father, Joshua J. Weyer, with his counsel, Hannah Herman-Snyder, Esquire The Mother, Heather N. MacDonald, appeared via telephone and is represented by Gerald Shekletski, Esquire Father's position on custody is as follows: Father maintains that since the parties have separated in August 2007, Father has had a shared physical custody arrangement with Mother. In week one, Father has Thursday through Monday and in Week 2, Father has Thursday through Sunday. Father requests that the current situation continue per an Order of Court. There had been some issues regarding a holiday schedule, but during the conciliation, the parties have essentially agreed to the holiday schedule as recommended. Father requests that the shared physical custody situation continue and maintains that this would be in the Child's best interest. 4. Mother's position is as follows: Mother concedes that since August 2007, the parties have shared physical custody of Caleb. However, Mother asserts that prior to the separation in August 2007, she had been the primary care-giver for Caleb. Mother does not agree to continue the status-quo with shared physical custody. Mother has concerns regarding Father's ability to properly care for Caleb and has concerns regarding alleged violence by Father. Mother has agreed to continue the physical custody situation as recommended pending a Court hearing on the matter. Mother had proposed that she have Monday through Friday and Father having every weekend with Caleb. In the alternative, Mother proposed Father to have Monday through Wednesday and every other weekend. Mother maintains that her proposals would be in the Child's best interest. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing before the Court. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require half a day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: MAR 2 200 ?Y b JOSHUA J. WEYER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-0461 Civil Term HEATHER N. MACDONALD Defendant : ACTION IN CUSTODY Prior Judge: Edward E. Guido, J. COURT ORDER AND NOW, this X day of March, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The prior Order of Court dated February 28, 2008 shall remain in full force and effect with the following modifications: a. In regard to paragraph four (4), all custodial exchanges shall occur at 6:00 pm unless otherwise mutually agreed upon and the transportation shall be shared as mutually agreed upon. b. In regard to paragraph twelve (12), the Child's birthday shall be arranged as follows: In even numbered years, Mother shall have custody from 3:00 pm the day before the Child's birthday until 3:00 pm the day of the Child's birthday and Father shall have from 3:00 pm the day of the Child's birthday until 3:00 pm the day following the Child's birthday, with this schedule to reverse in odd-numbered years. The parties may alter said times by mutual agreement. T, J. Cc: Hannah Herman-Snyder, Esq. Heather MacDonald, 272 North Middlesex Road, Carlisle, PA 17013 John J. Mangan, Esq. a J Q TFUE C0PT PR01,4 R,EC0RD In Testimony v,.,';ereof, ! here i;ro s-t my hand an 6 the seal of said Court at Cariisle, Pa. T ... S.Y.. da of..l..'..)."...., 1 r .? Prothonvt, ry JOSHUA J. WEYER : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08-0461 Civil Term HEATHER N. MACDONALD Defendant : ACTION IN CUSTODY Prior Judge: Edward E. Guido, J. CONCH,IATION CONFERENCE SUNBIARY 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 Caleb J. Weyer 5/20/2004 Mother and Father 2. A Conciliation Conference was held on February 25, 2008 with the following individuals in attendance: The Father, Joshua J. Weyer, with his counsel, Hannah Herman-Snyder, Esquire The Mother, Heather N. MacDonald, appeared via telephone and is pro se An Order of Court was issued February 28, 2008 and a hearing date is set for April 23, 2008. However, in the interim, Father has filed a Petition for Enforcement and Contempt and a conciliation is scheduled for April 7, 2008. Father's counsel has contacted the assigned conciliator regarding a clarification/ accurate reflection of the February 28, 2008 Order. 3. Father's position on custody is as follows: Father maintains that since the parties have separated in August 2007, Father has had a shared physical custody arrangement with Mother. In week one, Father has Thursday through Monday and in Week 2, Father has Thursday through Sunday. Father requests that the current situation continue per an Order of Court. There had been some issues regarding a holiday schedule, but during the conciliation, the parties have essentially agreed to the holiday schedule as recommended. Father requests that the shared physical custody situation continue and maintains that this would be in the Child's best interest. 4. Mother's position is as follows: Mother concedes that since August 2007, the parties have shared physical custody of Caleb. However, Mother asserts that prior to the separation in August 2007, she had been the primary care-giver for Caleb. Mother does not agree to continue the status-quo with shared physical custody. Mother has concerns regarding Father's ability to properly care for Caleb and has concerns regarding alleged violence by Father. Mother has agreed to continue the physical custody situation as recommended pending a Court hearing on the matter. Mother had proposed that she have Monday through Friday and Father having every weekend with Caleb. In the alternative, Mother proposed Father to have Monday through Wednesday and every other weekend. Mother maintains that her proposals would be in the Child's best interest. Date: 3 ZS C?? Jo gan, Esquir C tody onciliator JOSHUA J. WEYER, PLAINTIFF VS. HEATHER N. MACDONALD, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-0461 : CIVIL ACTION - LAW : ACTION FOR DIVORCE ANSWER TO COMPLAINT FOR CUSTODY AND NOW, comes Defendant, Heather N. MacDonald, (hereinafter "Mother"), by and through her counsel, Linda A. Clotfelter, Esquire, who files this Answer to Plaintiff's Complaint for Custody, respectfully stating as follows: 1. through 8. Admitted. 9. Denied. The allegations of this paragraph and its subparts are specifically denied. In further answer hereof, it is clear under the disturbing facts of this case that a custody evaluation is essential. Plaintiff, Joshua J. Weyer, (hereinafter "Father") does not have the ability to provide the daily care for the parties' child nor is he personally able to provide a stable home environment. Defendant was a stay at home Mother until recently and she has provided the child with his primary care since birth. It is Mother and not Father who handles the child's childcare; healthcare; doctor's appointments; illnesses; and clothing. Moreover, since the parties' separation in August, 2007, Father has been irresponsible and unstable. Specifically, he has been evicted from his apartment; he almost lost his vehicle to repossession; he has had to rely upon family members for housing; and he has shown repeated conduct that is clearly not in the best interest of the child including the following: i. Father, who is not yet 21 years of age, drinks alcohol to excess on a regular basis. On one occasion he has passed out on the couch leaving the child unsupervised in another room and at risk. Father's own parents have admitted to Mother that Father is a horrible parent and that he is unsafe due to his constant partying. J Q W J ? F F J J Q ii. Father has not made himself available for the child's care and instead has left the child with third parties consistently since the parties' separation. Most recently, the third parties that Father relies upon are the subject of an investigation being conducted by Children and Youth Services, which is incomplete at this time. Due to one of the party's public admissions of being sexually abused as a child, Mother feels compelled to request a custody evaluation so that a professional can determine what custody arrangement is truly in the best interests of the child. Since Mother is not financial able to pay for the cost of the evaluation, she seeks to have the costs allocated between the parties. iii. Father's recent and past conduct has been questionable. Very recently, while irate, Father's has shown such hostility towards Mother that he caused damage to her door while violently banging on it. Also, in his fury he left skid marks on Mother's driveway, all in which is included in a police report. A prior police report also exists as a result of a past incident where Father caused himself severe bodily injury while the child was present, so Father's conduct and its affect on the child is a true concern. iv. Some effects of Father's erratic and violent behavior and possibly other potential abuse within Father's household have been apparent in the child's drastic change in behavior. This child, who was potty trained, has digressed significantly. He is at times defiant and acts out violently. He has also on occasion acted inexplicably and in a way that would indicate there is a severe problem. For example, regardless of where he is, he has on occasion dropped his drawers and urinated where he stood. The child has also made statements indicating that there may have been inappropriate conduct within Father and paternal grandparent's home, which prompted the current investigation and the safety plan that was put in place. 10. Admitted. WHEREFORE, Defendant requests that this Honorable Court order the following: a. That a custody evaluation be scheduled with the costs allocated between the parties; b. That the pending hearing be continued; C. That the parties be granted shared legal custody; primary physical custody to Mother; and supervised partial custody to Father; d. Order Father to undergo a drug and alcohol evaluation; e. Prohibit paternal grandparents unsupervised contact with the Child; and f Grant such other relief that this court deems just and proper. Date: 4/?JOP5 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Mechanicsburg, PA 17050 Attorney for Defendant (717) 796-1930 Telephone (717) 796-1933 Facsimile JOSHUA J. WEYER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-0461 HEATHER N. MACDONALD, : CIVIL ACTION -LAW DEFENDANT : ACTION FOR DIVORCE VERIFICATION I, HEATHER MACDONALD, verify that the statements 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 of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: y ?? f C 1 t aLOI J' HEATHER MACDONALD ,I JOSHUA J. WEYER, PLAINTIFF VS. HEATHER N. MACDONALD, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0461 CIVIL ACTION - LAW ACTION FOR DIVORCE CERTIFICATE OF SERVICE AND NOW, on this il mday of April, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing ANSWER TO COMPLAINT was served upon the interested parties by Facsimile and United States First Class Mail, postage prepaid as follows: Hannah Herman-Snyder, Esquire 200 North Hanover Street Carlisle, PA 17013 John J. Mangan, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER J1A A. Clotfelter, Esquire ney ID No. 729 63 East Trindle Road, , Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile i JOSHUA J. WEYER, PLAINTIFF VS. HEATHER N. MACDONALD, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0461 CIVIL ACTION - LAW ACTION FOR DIVORCE ANSWER TO PETITION FOR ENFORCEMENT AND CONTEMPT OF A CUSTODY ORDER AND NOW, comes Defendant, Heather N. MacDonald, (hereinafter "Mother'), by and through her counsel, Linda A. Clotfelter, Esquire, who files this Answer to Petition for Enforcement and Contempt of a Custody Order, respectfully stating as follows: 1. through 4. Admitted. 5. Denied. It is specifically denied that Mother falsely accused the paternal grandparents of sexually abusing the child. In further answer, Mother, to ensure her child's safety, was compelled to report to the proper authorities certain statements made by the child as well as the child's inexplicable and at times violent behavior. Therefore, strict proof thereof is demanded. 6. Admitted in part and denied in part. It is admitted that a conciliation took place and that Mother agreed to a temporary order as entered pending a hearing. Given the recent events it is apparent that a complete custody evaluation is imperative in determining the best interests of the child. Accordingly, Mother seeks to have one completed with the costs being allocated between the parties. 7. Denied. It is specifically denied that Mother made false accusations and further denied that she in any way threatened Father with such conduct. Therefore, strict proof thereof is demanded. 8. Admitted. In further answer hereof, both parties had to rely upon the paternal grandparents to care for the while Mother worked weekends when the 4 family was intact because Father was unable to care for the child on his own. 9. Admitted in part and denied in part. It is admitted that Children's Resource Center interviewed the child, but the remaining allegations are denied. The investigation continues and Mother lacks sufficient knowledge of the remaining allegations. Therefore, strict proof thereof is demanded. 10. Admitted in part and denied in part. It is admitted that Father told Children and Youth Services ("CYS") that he would comply with their safety plan. However, the implication that he meant that is denied. After his statement to CYS, he immediately informed Mother that he did not intend to comply with the safety plan and he appeared at Mother's home in a crazed state causing Mother to fear for her and the child's safety. 11. Admitted in part and denied in part. It is admitted that Mother refused the transfer but the implication that it was improper is denied. Mother's actions where done solely in the interest of the safety of the child. She was compelled to do this due to Father's violence and irrational behavior in banging on her door damaging it and leaving skid marks in her driveway, together with Father's clear statements to Mother of his intended non-compliance with the safety plan. 12. Admitted in part and denied in part. It is admitted that Mother did not initially transfer the child. See answer to paragraph 11, above. However, more recently Father has promised to comply fully with the safety plan and based upon those assurances, Mother has reluctantly agreed to the custody transfers as ordered. Due to Father's inability to care for the child and given Father's work schedule and the realities of life, unsupervised time with the grandparents is inevitable. Accordingly, in the interest of assuring the child's safety, Mother now seeks to have Father's time supervised by a party other than Father. It has always been the grandparents that have provided the daily care for the child while in Father's custody and with the pending investigation, supervision by a third party to ensure full compliance with the safety plan is clearly justified. 13. (first one) Admitted, however due to the need for a custody evaluation, Mother seeks a continuance of the hearing scheduled for April 23, 2008. 13. (second one) Admitted. Mother is now represented by the undersigned attorney. WHEREFORE, Defendant requests that this Honorable Court deny Father's Petition for Enforcement and Contempt and order the following: a. That a custody evaluation be scheduled with the costs allocated between the parties; b. That the pending hearing be continued; C. That the parties be granted shared legal custody; primary physical custody to Mother; and supervised partial custody to Father; d. Order Father to undergo a drug and alcohol evaluation; e. Prohibit paternal grandparents unsupervised contact with the Child; and f Grant such other relief that this court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: Mechanicsburg, PA 17050 Attorney for Defendant .(717) 796-1930 Telephone (717) 796-1933 Facsimile JOSHUA J. WEYER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-0461 HEATHER N. MACDONALD, CIVIL. ACTION -LAW DEFENDANT ACTION FOR DIVORCE VERIFICATION I, HEATHER MACDONALD, verify that the statements 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 of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: 4/303 iI " " WL I I t.iJl A HEATHER MACDONALD 6 JOSHUA J. WEYER, PLAINTIFF VS. HEATHER N. MACDONALD, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-0461 : CIVIL ACTION -LAW ACTION FOR DIVORCE CERTIFICATE OF SERVICE AND NOW, on this 4M day of April, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing ANSWER TO PETITION FOR ENFORCEMENT AND CONTEMPT OF A CUSTODY ORDER was served upon the interested parties by Facsimile and United States First Class Mail, postage prepaid as follows: Hannah Herman-Snyder, Esquire 200 North Hanover Street Carlisle, PA 17013 John J. Mangan, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER da A. Clotfelter, Esquire orney ID No. 72963 021 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile a 14 JOSHUA J. WEYER, Plaintiff/Petitioner V. HEATHER N. MACDONALD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-0461 CIVIL TERM JUDGE EDWARD E. GUIDO IN CUSTODY CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the 1? day of April, 2008, cause a copy of Plaintiff/Petitioner's Petition for Continuance and Custody Evaluation to be served upon Defendant/Respondent by serving her attorney of record by first-class mail, postage prepaid, and via facsimile at the following address: Linda A. Clotfelter, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Facsimile: (717) 796-1933 DATE: ? - j 1- n Hannah Herman-Snyder, Esquire Attorney for Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 (? n _ \ v ll:N c C: t' f X? c`? ^a on f ?"1 ,? ftl? C JOSHUA J. WEYER, PLAINTIFF VS. HEATHER N. MACDONALD, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0461 CIVIL ACTION -LAW ACTION FOR CUSTODY ANSWER TO PETITION FOR CONTINUANCE AND CUSTODY EVALUATION AND NOW, comes Defendant, Heather N. MacDonald, (hereinafter "Mother"), by and through her counsel, Linda A. Clotfelter, Esquire, who files this Answer to Petition for Continuance and Custody Evaluation, respectfully stating as follows: GENERAL ANSWER: Due to unnerving behavior of the child that Mother has been witnessing, she cannot agree to Father's request to delay the hearing scheduled for April 23, 2008. The child's outbursts and violent behavior, especially toward animals, cannot be ignored. In fact, it was Mother's description of the child's efforts to break his ten month old puppy's neck that convinced Father's counsel that an evaluation should be completed. However, Father, who repeatedly asserted that the child is an "angel" at his house and that he has not had to be disciplined there for months, would not agree to modify the current temporary schedule pending the hearing. Father's counsel also refused a request for temporary primary physical custody to Mother pending the hearing; the parties' co-parent counselling; and the child's play therapy. After the recent conciliation, Mother's concerns and her position were again reinforced when the child, while a Children and Youth Services case worker was present in Mother's home, attempted to choke Mother's two year old dog. This is only one of many shocking behaviors at issue and given the severity and the potentially irreversible damage that may result if the current situation continues, Mother cannot agree to any delay of the upcoming hearing. Initially, she sought an evaluation in anticipation of a modification of the current order (which she agreed to unknowingly and without understanding the ramifications) at the recent conciliation. However, as stated above, her requests were refused, and those refusals, with Father's repeated assertions that there is no inappropriate behavior of concern in his household, that Mother was convinced that this matter must be heard by the court as soon as possible. 1. through 3. Admitted. 4. Admitted in part and denied in part. It is admitted that a temporary order was entered pending a hearing on Mother's request for primary custody, and that the temporary order provides for shared custody. However, the implication that Mother is in agreement with that arrangement is denied. In further answer, it is clear from the conciliation reports and the scheduling order that Mother does not believe it is in the best interests of the child for the parties to share custody due to Father's inability to properly care for the child; Father's propensity for violence; and due to alarming changes in the child's behavior that are escalating. 5. Admitted in part and denied in part. See response to paragraph 4, above. It is further denied that the current order actually depicts the status quo since the parties' situation. Father has never been the primary caregiver for the child. On the contrary, Mother provided all of the primary care within the intact family household. When she was not available, the paternal grandparents, not Father, cared for the child. Since the separation, given Father's eviction from his residence, his financial troubles, and the fact that he has never provided any significant care for the child, it is believed that the parties do not truly share the responsibilities because the grandparents actually provide the child's care within the Father's household. 6. Admitted in part and denied in part. It is admitted only that Father filed a Petition for Contempt, but it is specifically denied that Mother improperly denied Father custody or that she falsely accused the paternal grandparents of sexually abusing the child. In further answer, Mother, to ensure her child's safety, was compelled to report to the proper authorities certain statements made by the child as well as the child's inexplicable and at times violent behavior. Therefore, strict proof thereof is demanded. 8. Admitted. 9. Admitted. 10. Admitted in part and denied in part. It is admitted that Mother sought an evaluation, but it is denied that a delay in obtaining one would be in the best interests of the child due to the current arrangement. See General Answer above. 11. Admitted. In further answer, Mother sought a very simple drug and alcohol evaluation that is available through many local providers and she also asked for primary custody pending a hearing, which was refused. 12. Denied. The allegations of this paragraph are counsel's attempts to soften the perception of Father's position at the conciliation conference. Father was adamant when he repeatedly said that the child is an "angel" and there have been no behavioral issues whatsoever in his household. He also disputed the veracity of Mother's allegations. 13. Admitted. However, Father had to be convinced that the co-parent counselling and play therapy were necessary. See answer to paragraph 12. 14. Admitted. 15. Denied. Mother lacks sufficient knowledge or information to determine the truth of this allegations and therefore strict proof thereof is demanded. 16. Admitted in part and denied in part. It is admitted that there are serious psychological issues, but it is denied that those issues only became apparent after the conciliation. Mother repeatedly asserted her concerns, but her allegations were discounted and ignored until well after the conciliation. Again, Father has denied any problems within his household and that was his position throughout the conciliation - especially when he refused Mother's request for a temporary modification of the current schedule due to her concerns. 17. Admitted. However, Mother's position is justified. See General Answer and other responses, above. 18. Admitted. It is admitted that Mother will not agree to pay for the evaluation but her reasons clearly justify her position. Father had initially refused all of Mother's requests at the conciliation. Due to the fact that the shared custody remains in place and thus, the danger to the emotional health of the child, she will not agree to delay the hearing of this matter and she cannot agree to pay given her financial position and her opposition to the evaluation that will only serve to delay this matter from being heard by the court. 19. Denied. A continuance without a modification of the current custody arrangement may be unsafe for this child. a. Denied. The child, age three (3), would not open up to the strangers who met with him at the Children's Resource Center and Mother truly believes that a continuance without a modification of the current custody arrangement may be unsafe for this child. b. Denied. The parties do not need a continuance for the co-parent counselling and the play therapy as they agreed to pursue these regardless. C. Denied. The exigency of this case warrants that a determination be made immediately as the current custody arrangement is not in the best interests of this child. 20. Admitted. 21. Admitted. WHEREFORE, Defendant, Heather N. MacDonald, requests that this Honorable Court deny Father's Petition for Continuance and Custody Evaluation and order the following: a. That the parties be granted shared legal custody; primary physical custody to Mother; and supervised partial custody to Father; b. Prohibit paternal grandparents unsupervised contact with the Child; and C. Grant such other relief that this court deems just and proper. Respectfully submitted, Date: LAW FIRM OF LINDA A. CLOTFELTER Lida A. Clotfelter, Esquire A tomey I.D. No. 72963 21 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 Attorney for Defendant (717) 796-1930 Telephone (717) 796-1933 Facsimile JOSHUA J. WEYER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-0461 HEATHER N. MACDONALD, : CIVIL ACTION -LAW DEFENDANT : ACTION FOR CUSTODY VERIFICATION I, LINDA A. CLOTFELTER, verify that I am counsel for Defendant, Heather MacDonald whose verification cannot be obtained within the time allowed for filing this pleading. I further verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief, and that those statements not based upon my personal knowledge are based upon many conversations Heather MacDonald. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ?' g JOSHUA J. WEYER, PLAINTIFF VS. HEATHER N. MACDONALD, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0461 CIVIL ACTION - LAW ACTION FOR CUSTODY CERTIFICATE OF SERVICE AND NOW, on this NO day of April, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing ANSWER TO PETITION CONTINUANCE AND CUSTODY EVALUATION was served upon the interested parties by Facsimile and United States First Class Mail, postage prepaid and addressed as follows: Hannah Herman-Snyder, Esquire 200 North Hanover Street Carlisle, PA 17013 John J. Mangan, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER By: Li a A. Clotfelter, Esquire Att mey ID No. 72963 1 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile tL - 7 rr ` r-n D , APR 112008 JOSHUA J. WEYER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-0461 CIVIL TERM HEATHER N. MACDONALD, JUDGE EDWARD E. GUIDO Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW this ff?day of _ 2008, upon consideration and review of the attached Petition for Continuance and Custody Evaluation, IT IS HEREBY ORDERED AND DECREED that the p _ L-r?Q "J40-a' Ica - G.. f t be .sue IN 11V yunrithrued to Cc: ZHannah Herman-Snyder, Esquire Attorney for Plaintiff/Petitioner Linda A. Clotfelter, Esquire Attorney for Defendant/Respondent 12-or 'p-S. M.71 jFGL J4 /I (' /too li-col Edward E. Guido, Judge 4.' z . APR 1s MK JOSHUA J. WEYER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-0461 HEATHER N. MACDONALD, : CIVIL ACTION -LAW DEFENDANT : ACTION FOR CUSTODY ORDER AND NOW, this 15 Aday of 2008, upon consideration of Plaintiff's Petition for Continuance and Custody Evaluation and Defendant's Answer, it is hereby ORDERED that the Petition is DENIED. 4l? L.?4 C?r? 14_? , c,,?? ?? ,rA S Edward E. Guido, Judge 60 =t V48 S 1d'? $3? SoJ?1/M JOSHUA J. WEYER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER MACDONALD : NO. 2008 - 0461 CIVIL TERM ORDER OF COURT AND NOW, this 22ND day of APRIL, 2008, Plaintiff's counsel having a conflict, the hearing scheduled for April 23, 2008, at 9:30 a.m. is continued to WEDNESDAY, MAY 7, 2008, at 1:30 p.m. in Courtroom # 3. By the Court, Edward E. Guido, J. ah Herman-Snyder, Esquire For the Plaintiff nda A. Clotfelter, Esquire For the Defendant :sld ,3 Y r._ ;a o _ u: - ? -?:. ?': ?-? , .-? .?.. .' t s._ ? JOSHUA J. WEYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-0461 CIVIL TERM HEATHER N. MACDONALD, Defendant ACTION IN CUSTODY ORDER OF COURT AND NOW, this 7th day of May, 2008, hearing in this matter shall be continued to July 7, 2008, at 9:30 a.m. Pending said hearing, our order of February 28, 2008, as modified in the order of March 26, 2008, shall remain in full force and effect. It is further ordered and directed as follows: 1. The parties are ordered to get the child into play therapy with Georgi Anderson or some other agreed-upon play therapist at the earliest possible date. 2. The parties are directed to participate in co-parent counseling. 3. It is suggested that the parties seriously consider a custody evaluation in this matter unless they are otherwise able to agree to a resolution. 4. Any costs not covered by insurance for the child's counseling, the co-parent counseling and the custody evaluation, if it is done, shall be borne equally by the parties. By he Court, r Edward E. Guido, J. Bradley L. Griffie, Esquire 511.314e Linda A. Clotfelter, Esquire For the Plaintiff srs CC P I -ex For the Defendant 1 :6 NV € I AVW 8 OZ Mviof- ; i aft jC 904ru--01PA JOSHUA J. WEYER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HEATHER N. MACDONALD, NO. 08-0461 CIVIL TERM Defendant/Respondent IN CUSTODY PETITION FOR CUSTODY EVALUATION AND NOW comes Petitioner, Joshua J. Weyer, by and through his counsel, Bradley L. Griffie, Esquire, and the law firm of Griffie and Associates and petitions the Court as follows: 1. Your Petitioner is Joshua J. Weyer, the above named Plaintiff, an adult individual residing at 810 Lisburn Road, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is Heather N. MacDonald, the above named Defendant, and adult individual residing at 272 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, namely Caleb J. Weyer, born May 20, 2004. 4. The parties are engaged in custody proceedings before your Honorable Court which includes a hearing held on May 7, 2008. 5. The hearing was continued to July 7, 2008 to allow for additional testimony. 6. At the time of the hearing in this matter, the Court strongly urged the parties to engage in a comprehensive custody evaluation to provide additional evidence and assistance to the Court in reaching a final conclusion in this custody action. 7. By Order of Court dated May 7, 2008, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A", the Court specifically stated: "It is suggested that the parties seriously consider a custody evaluation in this matter unless they are otherwise able to agree to a resolution." 8. Further, in the Court's Order of May 7, 2008, relative to the custody evaluation, the Court stated: "Any cost not covered by insurance for the child's counseling, the co-parent counseling and the custody evaluation, if it is done, shall be born equally by the parties." [emphasis added]. 9. At the time of the hearing in this matter, while Petitioner does not have funds available to pay the cost, or one half of the cost associated with the custody evaluation, he advised the Court that he, through family, by borrowing funds, or otherwise, would pay for one half of the evaluation if Respondent would do likewise. 10. At the time of the hearing in this matter, Respondent indicated that she could not afford to pay for a custody evaluation. 11. Since the hearing in this matter, Petitioner has made several overtures to the Respondent with various compromises in order to secure the custody evaluation that the Court clearly wishes to have in this case, and which would clearly assist the parties, counsel and the Court in resolving conflicting testimony in this matter. 12. Petitioner has made a proposal to Respondent, that he, Petitioner, would secure funds to advance the cost of completing a comprehensive custody evaluation so that the evaluation can be completed now, if Respondent will simply reimburse Petitioner for one half of the cost within ninety (90) days. 13. Petitioner has suggested to Respondent that the cost incurred for custody evaluation will be much less than the cost incurred in further litigation in this matter. 14. To date, Respondent has not responded to this proposal. 15. Despite the fact that Respondent has not responded to the proposal for a custody evaluation as described above, Respondent did indicate that she would agree to a shared physical custody arrangement in this case. 16. Petitioner has expressed to Respondent that he wishes to keep the current shared physical custody schedule in place, while Respondent expressed a desire to modify the arrangements for the shared physical custody schedule. 17. Through counsel, Respondent has advised that there will be no need for a hearing to be held on July 7, 2008, due to the fact that the parties have agreed to a shared physical custody arrangement. 18. Because the details of the shared physical custody arrangement have not yet been resolved, it will be necessary to continue the hearing of July 7, 2008, to allow for the parties to resolve their differences relative to the schedule for the shared physical custody arrangement. 19. With the hearing being scheduled for July 7, 2008, it is imperative that this matter be addressed promptly. 20. Petitioner has been and continues to be in support of securing the custody evaluation and Respondent, in initial pleadings in this matter, was likewise requesting a custody evaluation. 21. As Respondent has not provided her position relative to Petitioner's most recent proposal, Petitioner has made arrangements to advance the cost for the evaluation in return for reimbursement for one half of the cost by Respondent within ninety (90) days. 22. In the event the parties are unable to resolve their differences relative to the schedule for the shared physical custody arrangement, the hearing should be rescheduled and the parties should be directed to conduct a custody evaluation under the terms proposed by Petitioner. 23. Counsel for Petitioner has contacted counsel for Respondent to determine her position relative to this position and has been advised that the Respondent concurs in the request for a continuance and does not concur in the request for a comprehensive custody evaluation. WHEREFORE, Petitioner requests your Honorable Court to issue a Rule upon Respondent to show Cause, if any she has, as to why the hearing in this matter should not be continued generally to be rescheduled at the request of either party and, in the alternative, if a comprehensive agreement cannot be reached between the parties within 60 days, why a custody evaluation should not be ordered prior to the parties addressing this matter further through a court hearing. Respectfully Submitted, OM07Kfor Plaintiff/Petitioner GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800)347-5552 I verify that the statements made in the foregoing document are true and correct. understand that false statements herein are made subject to the penalties Section 4904, relating to unworn falsifi tic DATE: , cJt?1 36 oi; 18 Pa.C.S. JOSHUA J. WEYER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HEATHER N. MACDONALD, NO. 08-0461 CIVIL TERM Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the 30`h day of June, 2008, cause a copy of Plaintiff's Petition for Custody Evaluation to be served upon Defendant/Respondent by serving her attorney of record by facsimile and first-class mail, postage prepaid at the following address: Linda A. Clotfelter, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17055 Facsimile: 796-1933 DATE: '> b a _?_4 'riffie, Esquire o r Plainiff/Petitioner n f RI & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 JOSHUA J. WEYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-0461 CIVIL TERM HEATHER N. MACDONALD, Defendant c ACTION IN CUSTODY ORDER OF COURT AND NOW, this 7th day of May, 2008, hearing in this matter shall be continued to July 7, 2008, at 9:30 a.m. Pending said hearing, our Order of February 28, 2008, as modified in the Order of March 26, 2008, shall remain in full force and effect. It is further ordered and directed as follows: 1. The parties are ordered to get the child into play therapy with Georgi Anderson or some other agreed-upon play therapist at the earliest possible date. 2. The parties are directed to participate in co-parent counseling. 3. It is suggested that the parties seriously consider a custody evaluation in this matter unless they are otherwise able to agree to a resolution. 4. Any costs not covered by insurance for the child's counseling, the co-parent counseling and the custody evaluation, if it is done, shall be borne equally by the parties. t gjU pY r howl h"OORU +fi T101"40tty whorwo i MN unto set my land nd W arerd of said Covet et C010, P., ?'1?1MS ,Baadley L. Griffie, ?Por the Plaintiff srs B, Edward E. Guido, J. Esquire Exhibit "A" Linda A. Clotfelter, Esquire For the Defendant r-41 CD JUL 0 22008 JOSHUA J. WEYER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER N. MACDONALD, Defendant/Respondent : CIVIL ACTION - LAW NO. 08-0461 CIVIL TERM IN CUSTODY ORDER OF COURT AND RULE TO SHOW CAUSE J M014 AND NOW this 3 day of itme, 2008, upon presentation and consideration of the within Petition, the hearing previously scheduled in this matter for July 7, 2008 is hereby continued generally. FURTHER, A RULE is hereby issued upon the Respondent, Heather M. MacDonald, to show cause, if any she has, as to why she should not be obligated to engage in a comprehensive custody evaluation, along with Petitioner, in the event the parties are unable to submit a comprehensive Custody Stipulation and Agreement to the Court within sixty (60) days of this Order. Rule returnable OLD days after service by first class mail, postage prepaid upon counsel of record for the Respondent. Cc: /radley L. Griffie, Esquire Hannah Herman-Snyder, Esquire Attorneys for Plaintiff/Petitioner /inda A. Clotfelter, Esquire Attorney for Defendant/Respondent 3 Edward E. Guido, Judge 1"mRPOW AWIQ JOSHUA J. WEYER, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA HEATHER N. MACDONALD, Defendant : No. 08-0461 Civil Term : IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between Joshua J. Weyer, (hereinafter referred to as "Father") and Heather N. MacDonald, (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of one child, namely, Caleb J. Weyer, born May 20, 2004, (hereinafter referred to as the "child'). WHEREAS, both parties have filed pleadings raising various claims since Father filed a Complaint for Custody on January 22, 2008. WHEREAS a hearing was held on May 7, 2008 and an Order of Court was entered on that date that ordered the parties to get the child into play therapy and the parties into co-parent counseling with the costs not covered by insurance being bome equally by the parties. WHEREAS, the parties wish to enter into a Comprehensive Stipulation and Agreement to resolve all of the issues raised by the parties in this proceeding to date. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. The parties shall share legal custody of the child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regards to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports, given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. The parties shall share physical custody of the child according to the following two week rotation as of the week of September 1, 2008, however, until that time the parties shall continue to exercise custody pursuant to the two week rotation as set forth in the Order of February 28, 2008, as modified by the Order of March 26, 2008: a. Week 1 - (beginning the week of September 1, 2008) - Father shall exercise custody of the child from Wednesday through Sunday; b. Week 2 - Father shall exercise custody of the child from Wednesday through Saturday; c. Mother shall exercise custody, in the two week rotating schedule, at all other times not specifically set forth above; and d. The parties shall share other periods of custody as agreed upon between the parties. 3. All custodial exchanges shall occur at 6:00 p.m. unless otherwise mutually agreed upon and the transportation shall be shared as mutually agreed upon. 4. The Christmas holiday shall be shared such that in 2008 and all even numbered years thereafter, Mother shall exercise custody from 3:00 p.m. on Christmas Eve to 3:00 p.m. on Christmas Day, and Father shall exercise custody from 3:00 p.m. on Christmas Day to 3:00 p.m. on December 26`h. This schedule shall alternate in odd numbered years. 5. The New Year's holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. on New Year's Eve to 3:00 p.m. on New Year's Day, and Mother shall exercise custody from 3:00 p.m. on New Year's Day to 3:00 p.m. on January 2nd. This schedule shall alternate in odd numbered years. 6. The Easter holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. the evening before Easter to 3:00 p.m. on Easter Day, and Mother shall exercise custody from 3:00 p.m. on Easter Day to 3:00 p.m. the day after Easter. This schedule shall alternate in odd numbered years. 7. Mother and Father shall exercise custody every year for Mother's/Father's Day respectively from 10:00 a.m. to 8:00 p.m. 8. The Fourth of July holiday shall be shared such that in 2008 and all even numbered years thereafter, Mother shall exercise custody from 3:00 p.m. the evening before July 4`h to 3:00 p.m. on July 4'h, and Father shall exercise custody from 3:00 p.m. on July 4th to 3:00 p.m. on July 5`h. This schedule shall alternate in odd numbered years. 9. Father shall exercise custody every year for the Halloween holiday for the trick-or- treat night in his area and if Mother's trick-or-treat night is a different night and she desires to have custody of the child for trick-or-treating, Father shall make the child available. 10. The Thanksgiving holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. the evening before Thanksgiving to 3:00 p.m. on Thanksgiving Day, and Mother shall exercise custody from 3:00 p.m. on Thanksgiving Day to 3:00 p.m. the day after Thanksgiving Day. This schedule shall alternate in odd numbered years. 11. The child's birthday shall be shared such that in even numbered years, Mother shall exercise custody from 3:00 p.m. the day before the child's birthday until 3:00 p.m. the day of the child's birthday, and Father shall exercise custody from 3:00 p.m. the day of the child's birthday until 3:00 p.m. the day after the child's birthday. This schedule shall alternate in odd numbered years. 12. Each party shall be entitled to two (2) non-consecutive weeks (six overnights) of summer vacation every year. Each party will provide the other party thirty (30) days notice of when he/she intends to take said vacation. 13. In the event that a party wishes to visit outside of the jurisdiction of Pennsylvania, at least twenty-four (24) hours notice must be given to the non-custodial parent with a telephone number and location of where the child will be. 14. Neither party shall consume drugs or alcohol or be intoxicated, nor should either party have the child in the presence of drugs or alcohol during his or her custody periods. 15. Father shall claim the child for any and all tax related purposes, including but not limited to the filing of a federal income tax return in even numbered years, and Mother shall claim the child for any and all tax related purposes, including but not limited to the filing of a federal income tax return in odd numbered years. 16. As per the Order of Court dated May 7, 2008, the parties shall share equally the costs incurred by them in getting the child into the ordered play therapy and co-parent counseling. It is also specifically agreed by the parties that they shall stipulate to an order to be entered through the Domestic Relations Section ordering that the costs of medical insurance and all unreimbursed out-of-pocket medical expenses for the child be shared equally by the parties, by court order and wage attachment if necessary. 17. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 18. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 19. It is affirmed that the Court of Common Pleas of Pennsylvania, Cumberland County Branch, has jurisdiction over the issue of custody of the child in this case at the time the proceedings were initiated and the Court has retained jurisdiction over these matters so that it is appropriate for the Court to enter an Order of Court. Further, the parties request that the Court of Common Pleas of Pennsylvania, Cumberland County Branch, enter this as an Order of Court. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WTTNESSETH: f Date c 36 _ Date J EYER HEATHER N. MACDONALD COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this ,;?jyWday of 'qke" &t- , 2008, before me, the undersigned officer, personally appeared JOSHUA J. WEYER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. IMOMAMt 40t MM CMIAMNAI ? i NOAAry PublJ6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this VV day of ALI Y W , 2008, before me, the undersigned officer, personally appeared HEATHER N. MACDONALD, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Nif? fflli IWANWA Im" 11Mr +OOMA? ?M1?Mi1MIM 0 No ary Public ? •~ ?-, ,..? C+ ?3 ' r.,? 1=t c"a --;.. i '??., C,..t { r _?; `> ? _?, ?i?? _ .. _ ?? ;a ,. °' r --r' ,?+-? .. .w? OCT 0 u Ruud (7 JOSHUA J. WEYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW HEATHER N. MACDONALD, : NO. 0$-0Yk/ CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW thij day of 0 CV^ 9 2008, the attached Custody Stipulation and Agreement is hereby made an Order of Court. B COURT, J. cc: ? Hannah Herman-Snyder, Esquire Attorney for Plaintiff Linda Clotfelter, Esquire Attorney for Defendant 126P (;Fg Mal (9-CL io`z/off ?f??? ,IFS ? c I rLN F 'FV r &S ,Zi [ld L- x.00 6001 JOSHUA J. WEYER, Plaintiff/Petitioner V. HEATHER N. MACDONALD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-0461 CIVIL TERM JUDGE EDWARD E. GUIDO IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Joshua J. Weyer, by and through his legal counsel of record, Hannah Herman-Snyder, Esquire, and the law firm of Griffie & Associates and petitions the Court as follows: 1. Your Petitioner is the above-named Plaintiff, Joshua J. Weyer, hereinafter "Father," an adult individual currently residing at 810 Lisburn Road, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Defendant, Heather N. MacDonald, hereinafter "Mother," an adult individual currently residing at 516 Grant Avenue, Camp Hill, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, Caleb J. Weyer, born May 20, 2004. 4. The parties are subject to an Order of Court on October 7, 2008, which was based on a Custody Stipulation and Agreement filed on October 3, 2008, which was an agreement reached after extensive litigation, starting with Father filing a Complaint for Custody on January 22, 2008, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A." 5. It is in the best interest and permanent welfare of the child that Father exercise primary physical custody because: a. At the time Father originally filed for custody, he had some concerns about the way Mother treated the child, but pursuant to the prior proceedings, the parties agreed that the child would participate in play therapy and that the parties would attend co-parent counseling and while the co-parent counseling did not take place, except for one session, the child has been in counseling with Alex Anderson of Franklin Family Services since December 12, 2008. b. Mr. Anderson has reported Mother's mistreatment of Caleb to Children and Youth Services on two (2) occasions, reporting the twisting of limbs out of anger and, most recently, the "fat lip" Caleb received at his Mother's hand. C. Based on the first report made by Mr. Anderson to Children and Youth Services, Children and Youth Services visited Mother's home, and her behavior improved for two (2) to three (3) weeks, and Caleb then again started reported his Mother's inappropriate behaviors. d. Mr. Anderson is recommending that Mother seek counseling specific to addressing her possible emotional and psychological needs and he recommended parenting assistance and the development of a behavioral plan for Caleb so that she can deal with any possible issue in a predetermined and appropriate manner. e. Mr. Anderson suggested that it would be preferable for the child to remain in Father's home to ensure that Mother is able to give herself the attention and focus required to work on her interaction with the child. f. Father believes Mother should be involved in the child's life, but believes that the involvement should be a healthy involvement and hoping not to involve the court system again, he sent the attached correspondence to Mother, dated February 27, 2009, a copy of which is attached and incorporated herein by reference as Exhibit "B". g. Since Mother did not take Father up on his offer for him to exercise custody for a minimum of three (3) months while she sought assistance for herself, he now feels it is necessary for the Court to modify the current Order so as to ensure the safety of the child. h. Since the entry of the Order of October 7, 2008, Mother has broken up with her fiance, dated numerous people and moved in another man after only knowing him for a short period of time, exposing the child to numerous men in her life. L Since the entry of the Order of October 7, 2008, Mother has moved three (3) times, and in general, is not providing a stable environment for the child. j. Mother is driving the child without a driver's license and has ignored Father's request that she not transport the child without a valid license. 6. It is necessary to establish a more routine and stable schedule for the child and also to provide that the Child is appropriately cared for and his safety ensured. WHEREFORE, Petitioner requests this Honorable Court to schedule a conciliation conference after which a hearing shall be scheduled and Father granted primary physical custody of the child until such time as Mother obtains counseling and is able to deal with any and all issues that may come up in regards to Caleb. Respectfully submitted, Hannah Herman-Snyder, Esqui e Attorney for Petitioner/Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: 12 ?()? q r JOSS A J. ER U(;T Q u LUUb 67 JOSHUA J. WEYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW HEATHER N. MACDONALD, NO. d 3- N/P l CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW thia day of 0 Co , 2008, the attached Custody Stipulation and Agreement is hereby made an Order of Court. J. cc: Hannah Herman-Snydei, Esquire Attorney for Plaintiff t Linda Clotfelter, Esquire ?M Attorney for Defendant ``'4 ?? JOSHUA J. WEYER, Plaintiff V. HEATHER N. MACDONALD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-0461 Civil Term IN CUSTODY C ? o CUSTODY STIPULATION AND AGREEMENT ft.? 4°µ M-= THIS STIPULATION AND AGREEMENT entered into the day and year hgreinafter set ,r? 1 •• -a forth, by and between Joshua J. Weyer, (hereinafter referred to as "Father") and:eatr l MacDonald, (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of one child, namely, Caleb J. Weyer, born May 20, 2004, (hereinafter referred to as the "child"). WHEREAS, both parties have filed pleadings raising various claims since Father filed a Complaint for Custody on January 22, 2008. WHEREAS a hearing was held on May 7, 2008 and an Order of Court was entered on that date that ordered the parties to get the child into play therapy and the parties into co-parent counseling with the costs not covered by insurance being borne equally by the parties. WHEREAS, the parties wish to enter into a Comprehensive Stipulation and Agreement to resolve all of the issues raised by the parties in this proceeding to date. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. The parties shall share legal custody of the child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regards to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports, given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. The parties shall share physical custody of the child according to the following two week rotation as of the week of September 1, 2008, however, until that time the parties shall continue to exercise custody pursuant to the two week rotation as set forth in the Order of February 28, 2008, as modified by the Order of March 26, 2008: a. Week 1 - (beginning the week of September 1, 2008) - Father shall exercise custody of the child from Wednesday through Sunday; b. Week 2 - Father shall exercise custody of the child from Wednesday through Saturday; c. Mother shall exercise custody, in the two week rotating schedule, at all other times not specifically set forth above; and d. The parties shall share other periods of custody as agreed upon between the parties. 3. All custodial exchanges shall occur at 6:00 p.m. unless otherwise mutually agreed upon and the transportation shall be shared as mutually agreed upon. 4. The Christmas holiday shall be shared such that in 2008 and all even numbered years thereafter, Mother shall exercise custody from 3:00 p.m. on Christmas Eve to 3:00 p.m. on Christmas Day, and Father shall exercise custody from 3:00 p.m. on Christmas Day to 3:00 p.m. on December 26`h. This schedule shall alternate in odd numbered years. 5. The New Year's holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. on New Year's Eve to 3:00 p.m. on New Year's Day, and Mother shall exercise custody from 3:00 p.m. on New Year's Day to 3:00 p.m. on January 2nd. This schedule shall alternate in odd numbered years. 6. The Easter holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. the evening before Easter to 3:00 p.m. on Easter Day, and Mother shall exercise custody from 3:00 p.m. on Easter Day to 3:00 p.m. the day after Easter. This schedule shall alternate in odd numbered years. 7. Mother and Father shall exercise custody every year for Mother's/Father's Day respectively from 10:00 a.m. to 8:00 p.m. 8. The Fourth of July holiday shall be shared such that in 2008 and all even numbered years thereafter, Mother shall exercise custody from 3:00 p.m. the evening before July 4`h to 3:00 p.m. on July 4`h, and Father shall exercise custody from 3:00 p.m. on July 4`h to 3:00 p.m. on July 5`h. This schedule shall alternate in odd numbered years. 9. Father shall exercise custody every year for the Halloween holiday for the trick-or- treat night in his area and if Mother's trick-or-treat night is a different night and she desires to have custody of the child for trick-or-treating, Father shall make the child available. 10. The Thanksgiving holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. the evening before Thanksgiving to 3:00 p.m. on Thanksgiving Day, and Mother shall exercise custody from 3:00 p.m. on Thanksgiving Day to 3:00 p.m. the day after Thanksgiving Day. This schedule shall alternate in odd numbered years. 11. The child's birthday shall be shared such that in even numbered years, Mother shall exercise custody from 3:00 p.m. the day before the child's birthday until 3:00 p.m. the day of the child's birthday, and Father shall exercise custody from 3:00 p.m. the day of the child's birthday until 3:00 p.m. the day after the child's birthday. This schedule shall alternate in odd numbered years. 12. Each party shall be entitled to two (2) non-consecutive weeks (six overnights) of summer vacation every year. Each party will provide the other party thirty (30) days notice of when he/she intends to take said vacation. 13. In the event that a party wishes to visit outside of the jurisdiction of Pennsylvania, at least twenty-four (24) hours notice must be given to the non-custodial parent with a telephone number and location of where the child will be. 14. Neither party shall consume drugs or alcohol or be intoxicated, nor should either party have the child in the presence of drugs or alcohol during his or her custody periods. 15. Father shall claim the child for any and all tax related purposes, including but not limited to the filing of a federal income tax return in even numbered years, and Mother shall claim the child for any and all tax related purposes, including but not limited to the filing of a federal income tax return in odd numbered years. 16. As per the Order of Court dated May 7, 2008, the parties shall share equally the costs incurred by them in getting the child into the ordered play therapy and co-parent counseling. It is also specifically agreed by the parties that they shall stipulate to an order to be entered through the Domestic Relations Section ordering that the costs of medical insurance and all unreimbursed out-of-pocket medical expenses for the child be shared equally by the parties, by court order and wage attachment if necessary. 17. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 18. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 19. It is affirmed that the Court of Common Pleas of Pennsylvania, Cumberland County Branch, has jurisdiction over the issue of custody of the child in this case at the time the proceedings were initiated and the Court has retained jurisdiction over these matters so that it is appropriate for the Court to enter an Order of Court. Further, the parties request that the Court of Common Pleas of Pennsylvania, Cumberland County Branch, enter this as an Order of Court. . `t • IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: Date J A J. R gl'4 !'-W? I L K??xi Date HEATHER N. MACDONALD COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this V-day of ,So fem be-' , 2008, before me, the undersigned officer, personally appeared JOSHUA J. WEYER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. wwr?? MMrNt ? ? ?- "" , Y. Aj, No Pub COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this I+iV day of A Vj lk?r , 2008, before me, the undersigned officer, personally appeared HEATHER N. AIACDONALD, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. MOMMA OL Ift 8100 A NNMMR 01 poft isIIA11w1 tAIO OOMNN Mt ?MIIMwM114MN NO It am* 06iary Public rT7 JOSHUA J. WEYER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2008-461 CIVIL ACTION LAW HEATHER N. MACDONALD IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, March 17, 2009 , 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 Monday, April 20, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ john . M an r. Es q. gMN 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 % 8 Z .Z Wd 61 NVW 60OZ t • / } JOSHUA J. WEYER, Plaintiff V. HEATHER N. MACDONALD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-0461 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE I, Hannah Herman-Snyder, Esquire, counsel of record for Plaintiff, state that a true and attested copy of a Petition for Modification of Custody was sent to Defendant, Heather N. MacDonald, at her address of 516 Grant Avenue, Camp Hill, Pennsylvania, by certified mail, restricted delivery. A copy of said receipt is attached hereto indicating service was made on March 25, 2009. Hannah Herman-Snyder, Esqu re Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this day of r' 1' 2009 VAil NNbTARV-111 UBLIC r?ww?wnn..r NO?A?NL ?At NUTt1W "Ouwr t sommm eM w1l j? L • A • • Xn tl ti u') Postage $ y nJ r P ,? 70 ' Q Certified Fee /, pK ? ?? **trnark C3 p Return Receipt Fee (Endorsement Required) to _? ere CD C3 Restricted Delivery Fee (Endorsement Required) rU Total Postage 8, Fees 1 J U5QS C3 17- o Sent To _ - C3 ............. Streef, Apt .; ^, or PO Box No. 6r?axf ? City, State, ZIP+4 /' ? - "- -' ' - PS Folln 3800, August 2,306 / 7p " ' R C e", ;e fol Instluctions ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature xi III d B. Received by (printed Name) I C. D. Is delivery address different from item 11 ? Yes If YES, enter delivery address below: ? No 3. Service Type If Certified Mail ? Express Mail ? Registered Of Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Wf v. 2. Article Number Munster from smvice?abeq 7007 0220 0002 2526 6254 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 FO?1.` OF THF. 'o FARY C, f ? ?. ?krx, t b Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Bill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 0 Email: dianeradcliff@comcast.net Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JOSHUA J. WEYER Plaintiff NO. 2008-461 CIVIL TERM VS. CIVIL ACTION - LAW HEATHER N. MACDONALD Defendant IN CUSTODY ANSWER AND COUNTERCLAIM ND NOW, this 20th day of April , 2008, comes the Defendant, Heather N. MacDonald, by her attorney, Diane G. Radcliff, Esquire, and files this Answer and Counterclaim to Plaintiff's Complaint as follows: ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. It is denied that it is in the best interest of the Child for Father to exercise primary physical custody because: A. Mother avers that: i. It is denied that Father filed for custody because Father has some concerns about the way Mother treated the Child. On the contrary, it is believed that Father filed for custody because of Mother's filing for Child child support and because of the prior report made to Children and Youth as a result of statements made by the Child that he had been inappropriately touched by his paternal grandmother. - 1 - ii. It is denied that only one session of co-parenting took place. On the contrary, there were three (3) sessions, one (1) individual session with each parent and one (1) joint session with both of them, after which the parties jointly agreed that further sessions with that counselor would be unproductive. iii. Father violated the provision of the 10/7/08 Court Order for shared legal custody by having the Child subjected to therapy with Alex Anderson of Franklin Family Services without Mother's knowledge, input or consent, and provided that therapist with erroneous, misleading and disparaging information about Mother. B. It is admitted that Mr. Anderson reported Mother to Children and Youth, but it is further averred that both times the reports were found by Children and Youth Services to be "unfounded". It is further averred that both reports were untrue and were based on erroneous and untrue information knowingly and maliciously supplied by Father or possibly his parents. C. It is admitted that Children and Youth Services visited with Mother at her home following the first report. It is denied that Mother's behavior improved in that Mother's behavior had never been bad to begin wit, and Father would have no knowledge of what her behavior is or was since he was not present to witness it. It is unknown what Caleb may have later said, but it is believed that whatever he said it was tainted by the undue influence of Father. Many of Caleb's comments made to Mother indicate Father or his family were coaching the Child and attempting to discourage the Child's love and affection for her. For example the comments made by the Child upon return from Father's home included such things as: i. Mommy dresses me gay. ii. Mommy is stupid. iii. Mommy is a liar. iv. Mommy and Josh don't get along. V. Daddy breaks my heart D. It is unknown what Mr. Anderson may have recommended. It is averred, however, that his recommendations are tainted and without foundation because of his consideration of false information, his failure to include Mother in the therapy, and because he made conclusions about Mother's emotional state and actions without ever having see nor talked with her. E. It is unknown what Mr. Anderson may have recommended as to custody. It is averred however that any such recommendation has no merit since: i. It was based on consideration of false information, maliciously provided by -2- Father; ii. Mother was never included and recommendations as to custody cannot be made without all parties having participated in the process. iii. The therapy process was inherently unfair and bias towards Mother. F. It is admitted that Father sent Mother the letter dated 2/27/08 attached as Exhibit "B" to the Petition. It is denied that Mother had any obligation to respond to that letter. In any event it is averred that there is no basis for any restriction of Mother's custody rights and, in fact, Father by his actions has demonstrated malice and ill will towards Mother and as a result of which if anyone should have his rights restricted, it should be Father. G. Mother is without knowledge as to Father's feelings or reasons for filing of this action, but believes that he is doing so because of his malice towards Mother in retaliation for the prior report made to Children and Youth as a result of statements made by the Child that he had been inappropriately touched by his paternal grandmother. H. It is denied that Mother has moved three (3) times since the entry of the October 7, 2008 Order. On the contrary it is averred that Mother has moved only one (1) time since that Order was entered. 1. It is denied that after breaking up with her fiance Mother dated numerous men and moved in with another man knowing him for only a short period to time, exposing the Child to numerous men in her life. On the contrary it is averred that Mother has only dated one (1) man since breaking up with her finance, does not and never has lived with him, and has not exposed the Child to numerous men. J. It is denied that Mother does not have a valid driver's license when she transports the Child. On the contrary it is averred that she has a specially granted license just for that purpose. 6. Denied. It is denied that the Child does not have a routine and stable schedule or that the Child is not appropriately cared for and his safety ensured. On the contrary, while Mother does not like the current schedule and would preferred having alternating weeks, and a full weekend, she has compromised her preference for the Child's best interest so that he would not have to go for a substantial period of time without seeing the other parent and eliminating multiple exchanges which would only further disrupt the Child and give additional opportunity for conflict between the parents. WHEREFORE, Defendant respectfully requests this Honorable Court to deny Plaintiff's request for -3- a modification of the physical custody provision of this Order. COUNTERCLAIM 7. The Defendant incorporates by reference the answers and averments set forth in paragraphs 1 through 6 inclusive herein the same as if fully set forth at length. 8. For the best interest of the Child, the parents need to engage in meaningful co-parenting counseling . 9. Mother suggests using Interworks for this purpose. 10. Father violated the October 7, 2008 Order of Court by having the Child engage in therapy with Franklin Family Services without notifying Mother and having that decision made by the parties jointly. 11. As a result of Father's actions Mother has incurred attorneys fees in participating in these proceeding and request the Court to Order Father to reimburse here therefore. WHEREFORE the Plaintiff requests this Honorable Court to enter and Order: A. Requiring the parties to engage in co-parenting counseling with InterWorks or such co-parenting counselor as they shall hereafter mutually select. B. Holding Father in contempt for violating the legal custody provisions of the October 7, 2008 Court Order. Respectfully submitted, J CLIFF, ESQUIRE Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Defendant -4- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. (&Ua HEATHER MACDONALD Date: N 1 1 7 109 FILED-C 2099 APR 20 AM 9: 35 APR 2 7 20094 JOSHUA J. WEYER V. : No. 08-0461 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this _ day of April 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: HEATHER N. MACDONALD Defendant Prior Judge: Edward E. Guido, J. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA All prior Orders of Court are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Joshua Weyer, and the Mother, Heather MacDonald, shall have shared legal custody of Caleb J. Weyer, born 5/20/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall share physical custody of the Child as follows: a. In week one, Father shall have physical custody of Caleb from Wednesday 6:00 pm until Saturday 6:00 pm. b. In week two, Father shall have physical custody of Caleb from Wednesday 6:00 pm until Sunday 6:00 pm. C. The parties have agreed, and are directed to share the transportation obligations with the custodial parent dropping Caleb off at an agreed upon location. (Mother dropping Caleb off on Wednesdays and Father dropping Caleb off on Saturday and Sunday.) 4. Counseling: The parties have agreed, and are directed, to engage in therapeutic family counseling with a mutually-agreed upon professional, with the focus to be on co-parenting counseling. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. The parents have agreed, and are directed, to engage Caleb in play therapy with a mutually agreed upon professional. Father has agreed to initiate setting up the play therapy. 6. The Christmas holiday shall be shared such that all even numbers, Mother shall exercise custody from 3:00 p.m. on Christmas Eve to 3:00 p.m. on Christmas Day, and Father shall exercise custody from 3:00 p.m. on Christmas Day to 3:00 p.m. on December 26th. This schedule shall alternate in odd numbered years. 7. The New Year's holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. on New Year's Eve to 3:00 p.m. on New Year's Day, and Mother shall exercise custody from 3:00 p.m. on New Year's Day to 3:00 p.m. on January 2nd. This schedule shall alternate in odd numbered years. 8. The Easter holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. the evening before Easter to 3:00 p.m. on Easter Day, and Mother Shall exercise custody from 3:00 p.m. on Easter Day to 3:00 p.m. the day after Easter. This schedule shall alternate in odd numbered years. 9. Mother and Father shall exercise custody every year for Mother's/Father's Day respectively from 10:00 a.m. to 8:00 p.m. 10. The Fourth of July holiday shall be shared such that in all even numbered years thereafter, Mother shall exercise custody from 3:00 p.m. the evening before July 4th to 3:00 p.m. on July 4th, and Father shall exercise custody from 3:00 p.m. on July 4th to 3:00 p.m. on July 5th. This schedule shall alternate in odd numbered years. 11. Father shall exercise custody every year for the Halloween holiday for the trick- or-treat night in his area and if Mother's trick-or-treat night is a different night and she desires to have custody of the child for trick-or-treating, Father shall make the child available. 12. The Thanksgiving holiday shall be shared such that in all even numbered years, Father shall exercise custody from 3:00 p.m. the evening before Thanksgiving to 3:00 p.m. on Thanksgiving Day, and Mother shall exercise custody from 3:00 p.m. on Thanksgiving Day to 3:00 p.m. the day after Thanksgiving Day. This schedule can alternate in odd numbered years. 13. Birthday: the Child's birthday shall be arranged as follows: In even numbered years, Mother shall have custody from 3:00 pm the day before the Child's birthday until 3:00 pm the day of the Child's birthday and Father shall have from 3:00 pm the day of the Child's birthday until 3:00 pm the day following the Child's birthday, with this schedule to reverse in odd-numbered years. The parties may alter said times by mutual agreement. 14. Each party shall be entitled to two (2) non-consecutive weeks (six overnights) of summer vacation every year. Each party will provide the other parry thirty (30) days notice of when he/she intends to take said vacation. 15. In the event that a party wishes to visit outside of the jurisdiction of Pennsylvania, at least twenty-four (24) hours notice must be given to the non-custodial parent with a telephone number and location of where the child will be. 16. Neither party shall consume drugs or alcohol, nor should either party have the child in the presence of drugs or alcohol when the child is in his or her custody. 17. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 18. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 19. A status update conciliation conference with the assigned conciliator is hereby scheduled for Tuesday June 23, 2009 at 8:30 am. Cc: Z__ nah Herman-Snyder, Esq. Diane Radcliff, Esq. ,/John J. Mangan, Esq. `OF ES muA LL y?2Q?oq J. 6Z : I rl 6Z 80 6DOZ Abv 3.,- i ..OTIJ J JOSHUA J. WEYER V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA HEATHER N. MACDONALD Defendant Prior Judge: Edward E. Guido, J. : No. 08-0461 Civil Term : 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 Caleb J. Weyer 5/20/2004 Mother and Father 2. A Conciliation Conference was held on February 25, 2008, an Order issued February 28, 2008 and an amended Order issued March 26, 2008 and a conciliation was held April 20, 2009 with the following individuals in attendance: The Father, Joshua J. Weyer, with his counsel, Hannah Herman-Snyder, Esquire The Mother, Heather N. MacDonald, with her counsel Diane Radcliff, Esq. 3. The parties have agreed to the entry of an Order in the form as attached. Date: e Jo angan, rr C u to Concilia JUL 0 6 200gr JOSHUA J. WEYER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER N. MACDONALD Defendant Prior Judge: Edward E. Guido, J. No. 08-0461 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this 1 day of July 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders of Court are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Joshua Weyer, and the Mother, Heather MacDonald, shall have shared legal custody of Caleb J. Weyer, born 5/20/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall share physical custody of the Child as follows: a. In week one, Father shall have physical custody of Caleb from Wednesday 6:00 pm until Saturday 6:00 pm. b. In week two, Father shall have physical custody of Caleb from Wednesday 6:00 pm until Sunday 6:00 pm. C. The parties have agreed, and are directed to share the transportation obligations with the custodial parent dropping Caleb off at an agreed upon location. (Mother dropping Caleb off on Wednesdays and Father dropping Caleb off on Saturday and Sunday.) 4. Counseling: The parties have agreed, and are directed, to engage in therapeutic family counseling with a mutually-agreed upon professional, with the focus to be on co-parenting counseling. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. The parents have agreed, and are directed, to engage Caleb in play therapy with a b mutually agreed upon professional. Father has agreed to initiate setting up the play therapy. 6. The Christmas holiday shall be shared such that all even numbers, Mother shall exercise custody from 3:00 p.m. on Christmas Eve to 3:00 p.m. on Christmas Day, and Father shall exercise custody from 3:00 p.m. on Christmas Day to 3:00 p.m. on December 26th. This schedule shall alternate in odd numbered years. 7. The New Year's holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. on New Year's Eve to 3:00 p.m. on New Year's Day, and Mother shall exercise custody from 3:00 p.m. on New Year's Day to 3:00 p.m. on January 2nd. This schedule shall alternate in odd numbered years. 8. The Easter holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. the evening before Easter to 3:00 p.m. on Easter Day, and Mother Shall exercise custody from 3:00 p.m. on Easter Day to 3:00 p.m. the day after Easter. This schedule shall alternate in odd numbered years. 9. Mother and Father shall exercise custody every year for Mother's/Father's Day respectively from 10:00 a.m. to 8:00 p.m. 10. The Fourth of July holiday shall be shared such that in all even numbered years thereafter, Mother shall exercise custody from 3:00 p.m. the evening before July 4th to 3:00 p.m. on July 4th, and Father shall exercise custody from 3:00 p.m. on July 4th to 3:00 p.m. on July 5th. This schedule shall alternate in odd numbered years. 11. Father shall exercise custody every year for the Halloween holiday for the trick- or-treat night in his area and if Mother's trick-or-treat night is a different night and she desires to have custody of the child for trick-or-treating, Father shall make the child available. 12. The Thanksgiving holiday shall be shared such that in all even numbered years, Father shall exercise custody from 3:00 p.m. the evening before Thanksgiving to 3:00 p.m. on Thanksgiving Day, and Mother shall exercise custody from 3:00 p.m. on Thanksgiving Day to 3:00 p.m. the day after Thanksgiving Day. This schedule can alternate in odd numbered years. 13. Birthday: the Child's birthday shall be arranged as follows: In even numbered years, Mother shall have custody from 3:00 pm the day before the Child's birthday until 3:00 pm the day of the Child's birthday and Father shall have from 3:00 pm the day of the Child's birthday until 3:00 pm the day following the Child's birthday, with this schedule to reverse in odd-numbered years. The parties may alter said times by mutual agreement. t 14. Each party shall be entitled to two (2) non-consecutive weeks (six overnights) of summer vacation every year. Each party will provide the other party thirty (30) days notice of when he/she intends to take said vacation. 15. Father shall claim the Child for any and all tax related purposes, including but not limited to the filing of federal income tax returns in even-numbered years and Mother shall claim the Child for any and all tax related purposes, including but not limited to the filing of federal income tax returns in odd-numbered years. 16. In the event that a party wishes to visit outside of the jurisdiction of Pennsylvania, at least twenty-four (24) hours notice must be given to the non-custodial parent with a telephone number and location of where the child will be. 17. Neither party shall consume drugs or alcohol, nor should either party have the child in the presence of drugs or alcohol when the child is in his or her custody. 18. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 19. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 20. It is understood that there still may be an unresolved issue as to where Caleb will be attending school in the fall. The assigned conciliator shall ascertain whether the Court can reserve a period of time before the end of August 2009. In the event that a Court hearing is not possible before said time, either party may request a conference with the assigned conciliator. Cc: ah Herman-Snyder, Esq. one Radcliff, Esq. /John J. Mangan, Esq. (26 t PEx n't a t 7f 7/0 J. JOSHUA J. WEYER v. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA HEATHER N. MACDONALD Defendant Prior Judge: Edward E. Guido, J. : No. 08-0461 Civil Term : 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 Caleb J. Weyer 5/20/2004 Mother and Father 2. A Conciliation Conference was held on February 25, 2008, an Order issued February 28, 2008, an amended Order issued March 26, 2008, a conciliation was held April 20, 2009, an Order issued April 29, 2009 and a conference was held June 26, 2009 with the following individuals in attendance: The Father, Joshua J. Weyer, with his counsel, Hannah Herman-Snyder, Esquire The Mother, Heather N. MacDonald, with her counsel Diane Radcliff, Esq. 3. The parties have agreed to the entry of an Order in the form as attached. Date: /`5 John an squire l I t Cus dy C ciliator ' FILED-C"i F OF THE NOTAPY 2009 JUL -7 PM w- 5 ? GUN- ;f t.i!P? 3 v JUL 2 2 2009r, JOSHUA J. WEYER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER N. MACDONALD Defendant Prior Judge: Edward E. Guido, J. : No. 08-0461 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this day ofJuly 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: All prior Orders of Court are hereby VACATED and replaced with this Order. 2. Leizal Custody: The Father, Joshua Weyer, and the Mother, Heather MacDonald, shall have shared legal custody of Caleb J. Weyer, born 5/20/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23, Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall share physical custody of the Child as follows: a. In week one, Father shall have physical custody of Caleb from Wednesday 6:00 pm until Saturday 6:00 pm. b. In week two, Father shall have physical custody of Caleb from Wednesday 6:00 pm until Sunday 6:00 pm. C. The parties have agreed, and are directed to share the transportation obligations with the custodial parent dropping Caleb off at an agreed upon location. (Mother dropping Caleb off on Wednesdays and Father dropping Caleb off on Saturday and Sunday.) 4. Counseling: The parties have agreed, and are directed, to engage in therapeutic family counseling with a mutually-agreed upon professional, with the focus to be on co-parenting counseling. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. The parents have agreed, and are directed, to engage Caleb in play therapy with a mutually agreed upon professional. Father has agreed to initiate setting up the play therapy. 6. The Christmas holiday shall be shared such that all even numbers, Mother shall exercise custody from 3:00 p.m. on Christmas Eve to 3:00 p.m. on Christmas Day, and Father shall exercise custody from 3:00 p.m. on Christmas Day to 3:00 p.m. on December 26th. This schedule shall alternate in odd numbered years. 7. The New Year's holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. on New Year's Eve to 3:00 p.m. on New Year's Day, and Mother shall exercise custody from 3:00 p.m. on New Year's Day to 3:00 p.m. on January 2nd. This schedule shall alternate in odd numbered years. 8. The Easter holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. the evening before Easter to 3:00 p.m. on Easter Day, and Mother Shall exercise custody from 3:00 p.m. on Easter Day to 3:00 p.m. the day after Easter. This schedule shall alternate in odd numbered years. 9. Mother and Father shall exercise custody every year for Mother's/Father's Day respectively from 10:00 a.m. to 8:00 p.m. 10. The Fourth of July holiday shall be shared such that in all even numbered years thereafter, Mother shall exercise custody from 3:00 p.m. the evening before July 4th to 3:00 p.m. on July 4th, and Father shall exercise custody from 3:00 p.m. on July 4th to 3:00 p.m. on July 5th. This schedule shall alternate in odd numbered years. 11. Father shall exercise custody every year for the Halloween holiday for the trick- or-treat night in his area and if Mother's trick-or-treat night is a different night and she desires to have custody of the child for trick-or-treating, Father shall make the child available. 12. The Thanksgiving holiday shall be shared such that in all even numbered years, Father shall exercise custody from 3:00 p.m. the evening before Thanksgiving to 3:00 p.m. on Thanksgiving Day, and Mother shall exercise custody from 3:00 p.m. on Thanksgiving Day to 3:00 p.m. the day after Thanksgiving Day. This schedule can alternate in odd numbered years. 13. Birthday: the Child's birthday shall be arranged as follows: lri even numbered years, Mother shall have custody from 3:00 pm the day before the Child's birthday until 3:00 pm the day of the Child's birthday and Father shall have from 3:00 pm the day of the Child's birthday until 3:00 pm the day following the Child's birthday, with this schedule to reverse in odd-numbered years. The parties may alter said times by mutual agreement. 14. Each party shall be entitled to two (2) non-consecutive weeks (six overnights) of summer vacation every year. Each party will provide the other party thirty (30) days notice of when he/she intends to take said vacation. 15. Father shall claim the Child for any and all tax related purposes, including but not limited to the filing of federal income tax returns in even-numbered years and Mother shall claim the Child for any and all tax related purposes, including but not limited to the filing of federal income tax returns in odd-numbered years. 16. In the event that a party wishes to visit outside of the jurisdiction of Pennsylvania, at least twenty-four (24) hours notice must be given to the non-custodial parent with a telephone number and location of where the child will be. 17. Neither party shall consume drugs or alcohol, nor should either party have the child in the presence of drugs or alcohol when the child is in his or her custody. 18. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 19. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 20. Pursuant to mutual agreement, it is directed that Caleb shall attend school in the school district where Mother, Heather MacDonald, resides. THE COUR , J. Cc: Xannah Herman-Snyder, Es , Y e Radcliff, Esq. ?l J. Mangan, Esq. JOSHUA J. WEYER V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA HEATHER N. MACDONALD Defendant Prior Judge: Edward E. Guido, J. : No. 08-0461 Civil Term : 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 Caleb J. Weyer 5/2012004 Mother and Father 2. A Conciliation Conference was held on February 25, 2008, an Order issued February 28, 2008, an amended Order issued March 26, 2008, a conciliation was held April 20, 2009, an Order issued April 29, 2009 and a conference was held June 26, 2009 with the following individuals in attendance: The Father, Joshua J. Weyer, with his counsel, Hannah Herman-Snyder, Esquire The Mother, Heather N. MacDonald, with her counsel Diane Radcliff, Esq. 3. The undersigned has received communication from the parents' counsel in regard to an agreement where Caleb shall be attending school and as such, the parties have agreed to the entry of an Order in the form as attached. Date: vo- John J. an, Esquire Custo C ciliator RLE10-0i F'iCF O THc P'{`"?I `?"J!OTARY 2009 JUL 23 Cain 11: 4 6 UZI 0i f C P r r,._ r^, Y r7A Pleading: Custody Modification and Contempt Petition Prepared and Submitted by: Diane G. Radcliff, Esquire, Attorney for Plaintiff Previously Assigned Judge: The Honorable Edward E. Guido Appearance For Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliff@comcast.net • Phone: 717-737-0100 • Fax: 717-975-0697 Appearance For Defendant: Hannah Herman-Snyder, Esquire, 200 North Hanover Street, Carlisle, PA 17013 Phone: 243-5551 • Fax: 717-243-5063 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JOSHUA J. WEYER Plaintiff : NO. 2008-461 CIVIL TERM VS. : CIVIL ACTION - LAW HEATHER N. MACDONALD Defendant IN CUSTODY PETITION FOR CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER, and PETITION FOR MODIFICATION OF CUSTODY ORDER DATED OCTOBER 7 2008 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, , 2011, Heather N. McDonald, the Petitioner, hereby files the above referenced Petition for Disobedience of Custody Order and for /%?? ? 7l GCS ?ff? ?,?'? /lr?fSts -3- 9'j,4A( .741 /i,4I Modification of the Custody Order dated October 7, 2008, and respectfully represents that: 1. Your Petitioner is Heather N. McDonald, residing at 516 Grant Avenue, Camp Hill, Cumberland County, PA 17011. Petitioner is hereinafter referred to as "Mother". 2. Your Respondent is Joshua J. Weyer, residing at 810 Lisburn Road, Carlisle, PA. Respondent is hereinafter referred to as "Father". 3. Mother and Father are the parents of a minor child, Caleb J. Weyer, age 6, (DOB: 5/20/2004/) "the Child". 4. On October 7, 2008, the Honorable Edward E. Guido entered an Order of Court pertaining to custody of the Child. That Order is hereinafter referred to as the "10/7/08 Order". A true and correct copy of the 10/7/08 Order is attached hereto, marked Exhibit "A" and made a part hereof. COUNTI CONTEMPT FOR DISOBEDIENCE OF 1/7/08 ORDER 5. The 10/7/08 Order contains the following provisions: (A) To the extent one parent has possession of such records or information [medical, dental, religious, or school records], 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. (B) Both parents shall be entitled to full participation in all educational and medical/ treatment planning meetings and evaluations with regards to the minor child. (C) Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports, given to them as parents, including, but not limited to: medical reports, birth certificates, school or educational attendance records or report cards. (D) Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 6. Father has willfully failed to abide by the Order in that: -4- A. He has continuously and repeatedly failed to share information about medical appointments including but not limited to failed to advise Mother of the following medical appointments and rescheduled medical appointments without informing Mother so as to prevent her from attending and in participating in the child's medical care: (1) July 9, 2009- 1st Pediatric Dentist appointment; (2) February 6, 2010- 2"d Pediatric Dentist appointment; (3) Week of August 15th- Blood work; (4) August 19, 2010- 3rd Pediatric Dentist appointment; (5) November 19, 2010- Pediatrician appointment; (6) November 26, 2010- Pediatrician flu appointment; (7) January 20, 2011- Pediatrician appointment; (8) February 24, 2011- 4th Pediatric Dentist appointment. B. Father continuously and repeatedly failed to provide Mother with information concerning the child's schooling and education including, but not limited to absences from school, school work and other education matters such as: (1) September 2010- Title 1 Program- An additional reading class required for students with low reading scores. Required parent signatures and multiple packets of information; (2) November 2, 2010- Notice of impending field trip; (3) November 9, 2010- Picture Day; (4) February 2011- After school activities; (5) February 4, 2011- Directory of Phone Numbers; (6) March 9, 2011 Highlights Picture Offer. WHEREFORE, Petitioner requests that Respondent-Father be held in contempt of court. - 5 - COUNT II MODIFICATION OF 10/7/08 ORDER 7. Mother is seeking the modification of the 10/7/28 Order. 8. Mother requests that the 10/7/08 Order be modified as follows: A. Halloween be alternated annually between the parties, or in the alternative Mother be given another holiday so that each party has the same number of holidays. B. Modify the vacation period so that it can be exercised anytime during the year as long and that it be subject to the conditions that 1) it does not include any of the other parties' holiday periods; 2) it does not require the child to be removed from school without the consent of the school and the other party, which consent shall not be unreasonably withheld; and 3) it can only be exercised over the Christmas School Break in alternating years unless the other party otherwise consents, which consent shall not be unreasonably withheld. C. Neither party shall smoke in the residence where the child is staying during their custodial period or with four (4) hours of the child coming to that residence, nor shall a party permit another person to do so. Neither party will smoke in a confined area (such as an automobile) with the child present, nor shall a party permit another person to do so. WHEREFORE, Petitioner-Mother respectfully requests this Honorable Court to modify the 10/7/018 Order in accordance with the requests of the Petitioner-Mother set forth in this Petition. Respectfully submitted, DI CLIFF, ESQUIRE 3 indle Road, Camp Hill, PA 1 7011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Petitioner -6- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. J. WEYER, Plaintiff : IN THE COMMON OF CMMM N PLEYLVAN AS F IA. COUNTY, PENNS JOSHUA CUMBERLAND CIVILACTION -LAW V. NO. 0?-X10 CIVIL TERM HEATHER N. MACDONALD, Defendant IN CUSTODY ORDER OF COURT AND NOW thiS2 I day of' , 2008, the attached Custody Stipulation and Agreement is hereby made an Order of Court. J. cc: Hannah Herman-Snyder, Esquire Attorney for Plaintiff Linda Clotfelter, Esquire Attorney for Defendant f _ Sri.: JOSHUA J. WEYER, Plaintiff V. HEATHER N. MACDONALD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-0461 Civil Term : IN CUSTODY C7 V p C= _n Y STIPULATION AND AGREEMENT c ° =-n CUSTOD T _:Z -- _ GY F W 0 S t„3 -40 AGREEMENT entered into the day and year reinafCer se THIS STIPULATION AND z --? forth, by and between Joshua J. Weyer, (hereinafter referred to as "Father") and--teatpr I MacDonald, (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of one child, namely, Caleb J. Weyer, born May 20, 2004, (hereinafter referred to as the "child"). WHEREAS, both parties have filed pleadings raising various claims since Father filed a Complaint for Custody on January 22, 2008. WHEREAS a hearing was held on May 7, 2008 and an Order of Court was entered on that date that ordered the parties to get the child into play therapy and the parties into co-parent counseling with the costs not covered by insurance being borne equally by the parties. WHEREAS, the parties wish to enter into a Comprehensive Stipulation and Agreement to resolve all of the issues raised by the parties in this proceeding to date. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. The parties shall share legal custody of the child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and 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 §Oih time as to make the records and information of reasonable use to the other parent/ parents shall be entitled to full participation in all educational and medical/treatment treatment planning meetings and evaluations with regards to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports, given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. The parties shall share physical custody of the child according to the following two week rotation as of the week of September 1, 2008, however, until that time the parties shall continue to exercise custody pursuant to the two week rotation as set forth in the Order of February 28, 2008, as modified by the Order of March 26, 2008: a. Week 1 - (beginning the week of September 1, 2008) - Father shall exercise custody of the child from Wednesday through Sunday; b. Week 2 - Father shall exercise custody of the child from Wednesday through Saturday; c. Mother shall exercise custody, in the two week rotating schedule, at all other times not specifically set forth above; and d. The parties shall share other periods of custody as agreed upon between the parties. 3. All custodial exchanges shall occur at 6:00 p.m. unless otherwise mutually agreed upon and the transportation shall be shared as mutually agreed upon. 4. The Christmas holiday shall be shared such that in 2008 and all even numbered years thereafter, Mother shall exercise custody from 3:00 p.m. on Christmas Eve to 3:00 p.m. on Christmas Day, and Father shall exercise custody from 3:00 p.m. on Christmas Day to 3:00 p.m. on December 26th. This schedule shall alternate in odd numbered years. $. The New Year's holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. on New Year's Eve to 3:00 p.m. on New Year's Day, and Mother shall exercise custody from 3:00 p.m. on New Year's Day to 3:00 p.m. on January 2nd. This schedule shall alternate in odd numbered years. 6. The Easter holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. the evening before Easter to 3:00 p.m. on Easter Day, and Mother shall exercise custody from 3:00 p.m. on Easter Day to 3:00 p.m. the day after Easter. This schedule shall alternate in odd numbered years. 7. Mother and Father shall exercise custody every year for Mother,s/Father's Day respectively from 10:00 a.m. to 8:00 p.m. 8. The Fourth of July holiday shall be shared such that in 2008 and all even numbered years thereafter, Mother shall exercise custody from 3:00 p.m. the evening before July 0 to 3:00 p.m. on July 4th, and Father shall exercise custody from 3:00 p.m. on July 0 to 3:00p.m. on July 5ch. This schedule shall alternate in odd numbered years. 9. Father shall exercise custody every year for the Halloween holiday for the trick-or- treat night in his area and if Mother's trick-or-treat night is a different night and she desires to have custody of the child for trick-or-treating, Father shall make the child available. 10. The Thanksgiving holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 P.M. the evening before Thanksgiving to 3:00 P.M. on Thanksgiving Day, and Mother shall exercise custody from 3:00 p.m. on Thanksgiving Day to 3:00 p.m. the day after Thanksgiving Day. This schedule shall alternate in odd numbered years. 11. The child's birthday shall be shared such that in even numbered years, Mother shall exercise custody from 3:00 p.m. the day before the child's birthday until 3:00 p.m. the day of the child's birthday, and Father shall exercise custody from 3:00 p.m. the day of the child's birthday until 3:00 p.m. the day after the child's birthday. This schedule shall alternate in odd numbered years. 12. Each party shall be entitled to two (2) non-consecutive weeks (six overnights) of summer vacation every year. Each party will provide the other party thirty (30) days notice of when he/she intends to take said vacation. 13. In the event that a party wishes to visit outside of the jurisdiction of Pennsylvania, at least twenty-four (24) hours notice must be given to the non-custodial parent with a telephone number and location of where the child will be. 14. Neither party shall consume drugs or alcohol or be intoxicated, nor should either party have the child in the presence of drugs or alcohol during his or her custody periods. 15. Father shall claim the child for any and all tax related purposes, including but not limited to the filing of a federal income tax return in even numbered years, and Mother shall claim the child for any and all tax related purposes, including but not limited to the filing of a federal income tax return in odd numbered years. 16. As per the order of Court dated May 7, 2008, the parties shall share equally the costs incurred by them in getting the child into the ordered play therapy and co-parent counseling. It is also specifically agreed by the parties that they shall stipulate to an order to be entered through the Domestic Relations Section ordering that the costs of medical insurance and all unreimbursed out-of-pocket medical expenses for the child be shared equally by the parties, by court order and wage attachment if necessary. 17. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 18. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 19. It is affrmed that the Court of Common Pleas of Pennsylvania, Cumberland County Branch, has jurisdiction over the issue of custody of the child in this case at the time the proceedings were initiated and the Court has retained jurisdiction. over these matters so that it is appropriate for the Court to enter an Order of Court. Further, the parties request that the Court of Common Pleas of Pennsylvania, Cumberland County Branch, enter this as an Order of Court. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WI'I'NESSETH: Date J J. R t - $ LCq- JDate COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this R44 -day of 'S;tn 1et" her , 2008, before me, the undersigned officer, personally appeared JOSHUA J. WEYER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and officialseal. tlMwlt aM??. M?It 4NoPub COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this J+?V day of A Vj Wr,.; r r , 2008, before me, the undersigned officer, personally appeared HEATHER N. MACDONALD, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NiINMM? MAl NdMP*M N MxAW X11 MV AOMf MS f MM Mtt C IMMw 60 ?? )?. ?it? d?rpypubflic JOSHUA J. WEYER IN THE COURT OF COMMON PLEAS OFc PLAINTIFF CUMBERLAND COUNTY, PENNSYLV* Z;7 ? ?t-- cab N tv ---O r-i -, V. 2008-461 CIVIL ACTION LAW r-© 4CD zc x8 HEATHER N. MACDONALD r?a ' C> IN CUSTODY -t W DEFENDANT -? m ORDER OF COURT AND NOW, Monday, March 21, 2011 , 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, April 29, 2011 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 . Mangan, 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. Cam- ? ?-?d Cumberland County Bar Association n 32 South Bedford Street ae rV Carlisle, Pennsylvania 17013 ?Ma?, Telephone (717) 249-3166 01 q---) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JOSHUA J. WEYER Plaintiff VS. HEATHER N. MACDONALD Defendant oRIcmnL NO. 2008-461 CIVIL TERM C) r CIVIL ACTION - LAW S ,. - -; =rn ` to y IN CUSTODY r An . . - =Co ? AFFIDAVIT OF SERVICE I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on April 5, 2011, 1 served a true and correct copy of the Petition for Contempt for Disobedience of Custody Order, and Petition for Modification of Custody Order dated October 7, 2008 upon Joshua J. Weyer, the Plaintiff, by Certified Mail, Restricted Delivery, addressed as follows: Joshua J. Weyer 810 Lisburn Road Carlisle, PA 17015 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. DI DCLIFF, ESQUIRE 3 die Road Camp Hill, PA 17011 Supreme Court I.D. No. 32112 Attorney for Defendant Sworn to and subscribed before me a Notary Public in and for Cumberland County, Pennsylvania this day of 20// . NOTARY PUBLIC My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah L Donley, Notary Public Camp Hiv Boro, Cumberland County My Commission E)ires Sept. 23, 2011 Member, p*nnsyivania Association of Notaries ¦ Carrlphb NMN 1, 2, and 3. Also ra iplrbs IMm 4 If Restricted DeNvery is desired. ¦ Pdnt your name and address on the reverse so that we can return the card to you. Attach this cans to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: iS??- 'S - 1,J)>E72 8ro [?Sb??v C"q l ei PA, 1-7015 A. tilpera X ? AgWA ? Addm B. 8 by (Printed Name) J C.D$e 0. Is delivery address diiWent from Item 1? ? Yes If YES, enter delivery address below: ? No 3. Type Certified Mail 0 Express Mail 0 Registered 0 Return Receipt forMercl - Noa ? insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) yes 2. Article Number 7009 1410 0000 1190 5752 (rWWW rFom owvbe PS Form 3811, FOMmity 21)04 Don 0c Rdurn R.o.lpt 1a2119sm ls4o EXHIBIT "A" RETURN RECEIPT CARD V 3 JOSHUA J. WEYER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. n N c C4 ._.n No. 08-0461 Civil Term co rn- =-n m rn ?,. rn - HEATHER N. MACDONALD oD ALL; Defendant : ACTION IN CUSTODY r-= --41:? Prior Judge: Edward E. Guido, J. "a COURT ORDER r.C:: C i, AND NOW, this .i13 day of May 2011, upon consideration of the attaci d Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders of Court are hereby replaced with this Order an Mother's Petition for Contempt is hereby VACATED without prejudice. 2. Legal Custody: The Father, Joshua Weyer, and the Mother, Heather MacDonald, shall have shared legal custody of Caleb J. Weyer, born 5/20/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall share physical custody of the Child as follows: a. In week one, Father shall have physical custody of Caleb from Wednesday 6:00 pm until Saturday 6:00 pm. b. In week two, Father shall have physical custody of Caleb from Wednesday 6:00 pm until Sunday 6:00 pm. C. The parties have agreed, and are directed to share the transportation obligations with the custodial parent dropping Caleb off at an agreed upon location. (Mother dropping Caleb off on Wednesdays and Father dropping Caleb off on Saturday and Sunday.) 4. Counseling: The parties have agreed, and are directed, to engage in therapeutic family counseling with a mutually-agreed upon professional, with the focus to be on co-parenting counseling. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. The parents have agreed, and are directed, to engage Caleb in play therapy with a mutually agreed upon professional. Father has agreed to initiate setting up the play therapy. 6. The Christmas holiday shall be shared such that all even numbers, Mother shall exercise custody from 3:00 p.m. on Christmas Eve to 3:00 p.m. on Christmas Day, and Father shall exercise custody from 3:00 p.m. on Christmas Day to 3:00 p.m. on December 26th. This schedule shall alternate in odd numbered years. 7. The New Year's holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. on New Year's Eve to 3:00 p.m. on New Year's Day, and Mother shall exercise custody from 3:00 p.m. on New Year's Day to 3:00 p.m. on January 2nd. This schedule shall alternate in odd numbered years. 8. The Easter holiday shall be shared such that in 2008 and all even numbered years thereafter, Father shall exercise custody from 3:00 p.m. the evening before Easter to 3:00 p.m. on Easter Day, and Mother Shall exercise custody from 3:00 p.m. on Easter Day to 3:00 p.m. the day after Easter. This schedule shall alternate in odd numbered years. 9. Mother and Father shall exercise custody every year for Mother's/Father's Day respectively from 10:00 a.m. to 8:00 p.m. 10. The Fourth of July holiday shall be with Mother every year. 11. Father shall exercise custody every year for the Halloween holiday for the trick- or-treat night in his area. 12. The Thanksgiving holiday shall be shared such that in all even numbered years, Father shall exercise custody from 3:00 p.m. the evening before Thanksgiving to 3:00 p.m. on Thanksgiving Day, and Mother shall exercise custody from 3:00 p.m. on Thanksgiving Day to 3:00 p.m. the day after Thanksgiving Day. This schedule can alternate in odd numbered years. 13. Birthday: the Child's birthday shall be arranged as follows: In even numbered years, Mother shall have custody from 3:00 pm the day before the Child's birthday until 3:00 pm the day of the Child's birthday and Father shall have from 3:00 pm the day of the Child's birthday until 3:00 pm the day following the Child's birthday, with this schedule to reverse in odd-numbered years. The parties may alter said times by mutual agreement. 14. Each party shall be entitled to two (2) non-consecutive weeks (six overnights) of summer vacation every year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. This vacation time shall not supersede the other parent's holiday and shall not interfere with the Child's school without the consent of the other parent. In 2012 and in subsequent years, neither parent shall take vacation the week prior to school starting. 15. Father shall claim the Child for any and all tax related purposes, including but not limited to the filing of federal income tax returns in even-numbered years and Mother shall claim the Child for any and all tax related purposes, including but not limited to the filing of federal income tax returns in odd-numbered years. 16. In the event that a party wishes to visit outside of the jurisdiction of Pennsylvania, at least twenty-four (24) hours notice must be given to the non-custodial parent with a telephone number and location of where the child will be. 17. Neither party shall consume drugs or alcohol, nor should either party have the child in the presence of drugs or alcohol when the child is in his or her custody. 18. Neither parent, or household members, shall smoke in confined places when the Child is in their respective care. 19. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 20. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 21. Pursuant to mutual agreement, it is directed that Caleb shall attend school in the school district where Mother, Heather MacDonald, resides. BY THE COURT, J. Cc: ? Joshua Weyer, 810 Lisburn Rd., Carlisle, PA 17015 ? Diane Radcliff, Esq. MAC V John J. Mangan, Esq. COP #4111 096 JOSHUA J. WEYER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08-0461 Civil Term HEATHER N. MACDONALD Defendant Prior Judge: Edward E. Guido, J. 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. Name Caleb J. Weyer 5/20/2004 Mother and Father 2. A Conciliation Conference was held on February 25, 2008, an Order issued February 28, 2008, an amended Order issued March 26, 2008, an Order issued October 07, 2008a conciliation was held April 20, 2009, an Order issued April 29, 2009, a conference was held June 26, 2009, an Order issued July 07, 2009an Order issued July 23, 2009 and a conference was held April 29, 2011 with the following individuals in attendance: The Father, Joshua J. Weyer, self-represented party The Mother, Heather N. MacDonald, with her counsel Diane Radcliff, Esq. 3. The parties have agreed to the entry of an Order in the form as attached. Date: John J gan, Esquire Custo y onciliator The pertinent information pertaining to the child who is the subject of this litigation is as follows: Dnfi- of Rirth Currentl in the Custod of y