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HomeMy WebLinkAbout08-23210 Derek Cordier, Esq. #83284 319 South Front Street, Harrisburg, PA 17104-1621 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA RON WILLIS Plaintiff Docket No. o i(' J 3 , i ovi (t " h VS. HEIDI L. WILLIS Defendant . Civil Action - Law . Divorce NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Cumberland County Prothonotary at One Courthouse Square, Carlisle, PA 17013-3387. Phone: (717) 240-6195. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE., CARLISLE, PA 17013 (717) 249-3166 OR 1-800-990-9108 Derek Cordier, Esq. #83284 319 South Front Street, Harrisburg, PA 17104-1621 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA RON WILLIS Plaintiff Docket No. VS. Civil Action - Law Divorce HEIDI L. WILLIS Defendant COMPLAINT FOR CUSTODY 1 The Plaintiff is Ron Willis and he has resided at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 since November, 2002. 2 The Defendant is the Mother, Heidi L. Willis and she has resided at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania since November, 2002 to the present and is represented by Linda A. Clotfelter, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 3 Plaintiff seeks shared legal custody and shared physical custody of the following Child: Mason James Willis, residing at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Age: 4 years (DOB 02/17/2004) a) The Child is presently in the custody of Mother, residing at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. b) During the past five years, the Child has resided with the following persons and at the following addresses: The Child resided with Mother and Father at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, from birth to December 26, 2007. The Child resided with Mother at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, from December 26, 2007 to present. c) The Mother of the Child is Heidi L. Willis residing at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania d) The Father of the Child is Ron Willis, residing at 126 North Barley Drive, Duncannon, PA 17020 4. The relationship of Plaintiff to the Child is that of Father to Son. 5. The Plaintiff currently resides with the following persons: Plaintiff resides with his roommate Karen Zerbe. 6. The relationship of Defendant to the Child is that of Mother to Son. 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the Child in this or any other court. a) Plaintiff has no information of a custody proceeding concerning the Child pending in a court of this Commonwealth or any other state. b) Plaintiff does not know of a person, who is not a party to the proceedings that has physical custody of the Child or claims to have custody or visitation rights with respect to the Child. 8. The best interest and permanent welfare of the Child will be served by granting the relief requested because: It is in the best interest of the Child, Mason James Willis, in that his financial, physical, and emotional well-being shall be served by the Parents sharing legal and physical custody. 9. Each Parent whose parental rights to the Child have not been terminated and the person who has physical custody of the Child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the Child will be given notice of the pendency of this action and the right to intervene: There are no other persons having a claim of right to custody. WHEREFORE, the Plaintiff respectfully requests that the Court order shared legal custody and shared physical custody of the Child. Respectfully submitted by: Attorney fo Taint f: Derek Cordier, uire SC #83284 319 South Front Street Harrisburg, PA 17104 (717) 919-4002 I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Ron Willis Date Attorney for Plaintiff: Verek ordier Esq. #83284 319 So h Fr t Street Harrisburg, A 17104-1621 (717) 919-4002 0 ?J --Ip_ tea -vt L.J C:. CD -rZ '; c 71. RON WILLIS . IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HEIDI L. WILLIS DEFENDANT 2008-2321 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 18, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, ati_ 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 14, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: _ /s/ Dawn S. Sunda Es q, 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 ?;6r,000114, /0" ?- Z v ,? I ciCI'Gloz RON WILLIS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-2321 HEIDI L. WILLIS, CIVIL ACTION - LAW DEFENDANT ACTION FOR DIVORCE ANSWER AND NOW, comes Defendant, Heidi L. Willis, by and through her counsel, Linda A. Clotfelter, Esquire who answers to Plaintiff's Complaint for Custody, respectfully stating as follows: 1. Admitted in part and denied in part. It is admitted that Plaintiff is Ron Willis, but it is denied that he resides at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania, since November, 2002. In further answer hereof, Plaintiff moved from the residence at 1514 Inverness Drive upon the instruction of his counsel due to a temporary Protection from Abuse Order and Defendant was given exclusive possession of the residence at the time of the hearing before the Honorable J. Wesley Oler, Jr., on February 29, 2008. Plaintiff's current address is unknown by Defendant. 2. Admitted in part and denied in part. The identity of the Defendant and her Attorney is admitted and it is admitted that she resides at 1514 Inverness Drive, however, it is denied that she resided there since November, 2002 as she moved into the property in February, 2002. 3. Admitted in part and denied in part. The details regarding the child and his residence are admitted. However, the custody arrangements sought by Defendant is denied to the extent that the allegation states a conclusion of law to which no response is required. vI a) Admitted. b) Denied. The allegation of the child's residence with the parties is inaccurate. In further answer hereof, the child has resided with the following persons at the following addresses: NAME Ron Willis Heidi Willis and Sister Heidi Willis Sister and Third Parties Heidi Willis Sister C) Admitted. ADDRESS 1514 Inverness Drive Mechanicsburg, PA Domestic Violence Shelter Carlisle, PA 1514 Inverness Drive Mechanicsburg, PA DATES 02/ 17/2004-2/ 15/2008 02/ 15/2008-02/21 /2008 02/21/2008-Present d) Denied. Defendant lacks sufficient knowledge or information to determine the truth of this averment and therefore, strict proof of this is demanded. 4. Admitted. 5. Denied. Defendant lacks sufficient knowledge or information to determine the truth of this averment and therefore, strict proof of this is demanded. 6. Admitted. 7. Admitted. a) Admitted. b) Admitted. 8. Denied. It is specifically denied that the best interest permanent welfare of the child will be served by granting the parties shared legal and physical custody. Since birth, Mother has been the child's primary caregiver while she was a stay-at-home mother. This was while the family was intact and since the temporary Protection from Abuse Order and the resulting eviction from the family home of Plaintiff in February, 2008. Mother's employment and schedule permits her to be available for child all day everyday as had been the norm since birth. It is important for the child's emotional, physical, and developmental health that he continue to have structure in his life including his sometimes significantly long daily naps and the time spent each day with his best friend, his sister. Moreover, Plaintiffs contact with the child since birth has been very limited and on those rare occasions he has had to care for the child he has failed. In one instance, when the child was two years old Plaintiff was to care for the child, and within minutes he lost the Child in a hotel. Plaintiff's schedule is also irregular and his business involves significant travel. His intent to leave the child with third parties, and not his mother, who is completely available to care for the child is unacceptable. There has also been a history of violence within the home which has been witnessed by the child; it resulted in a Plaintiff's criminal conviction for harassment of Defendant; it has also resulted in Defendant being granted exclusive possession of the home, which in turn has resulted in the child changing for the better as noted by his teachers. Thus, it is in the best interest of the child to continue to have Mother as the primary caregiver with one to two hours for Plaintiff each weekend as has been the custom of the parties. 9. Admitted WHEREFORE, Defendant, Heidi L. Willis, respectfully requests that this court Order shared legal custody; primary physical custody to Mother; partial custody periods to Father as mutually agreed; and an Order of Court granting such other relief as this court deems just and proper. Date: o$ Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER Mechanicsburg, PA 17050 Attorney for Defendant (717) 796-1930 Telephone (717) 796-1933 Facsimile RON WILLIS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2008-2321 HEEK L. WILLIS, CIVIL ACTION -LAW DEFENDANT ACTION FOR DIVORCE VERIFICATION I, HEIDI L. WILLIS, verify that the statements in the foregoing ANSWER 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: HEIDI L. WILLIS, Defendant RON WILLIS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-2321 HEIDI L. WILLIS, CIVIL ACTION -LAW DEFENDANT ACTION FOR DIVORCE CERTIFICATE OF SERVICE AND NOW, on this day of May, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing ANSWER was served upon the opposing party by United States First Class Mail, postage prepaid, addressed as follows: Derek Cordier, Esquire 319 South Front Street Harrisburg, PA 17104 Dawn S. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17050 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile e.a tr yt:' -C t" -r, 9XI N q N ? VAY 1 0 2008 RON WILLIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-2321 CIVIL ACTION LAW HEIDI L. WILLIS Defendant IN CUSTODY ORDER OF COURT AND NOW, this 23 s? day of 2' 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Deborah Salem or other professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Child. The parties shall make and attend all appointments in the evaluation process on a timely basis. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. The Father shall pay all costs of the evaluation initially, but reserves the right to request that the Court apportion the costs in a subsequent proceeding, if appropriate. 2. Pending completion of the custody evaluation and further agreement of the parties or Order of Court, the parties shall share having legal custody of the Child and shall have physical custody on a temporary basis as follows: A. The Father shall have custody of the Child on Thursday, May 15, 2008 from 6:00 p.m. until 9:00 p.m. B. On Tuesday, May 20, 2008 at 6:00 p.m., the Mother shall come to Duncannon to see the Father's current residence and where the Child will be staying during the Father's periods of custody. The Father shall have custody of the Child following the Mother's visit until 9:00 p.m. Both parents may have other third parties present during the Mother's review of the Father's residence to assist the parties in maintaining a civil and cooperative atmosphere during the Mother's visit for the emotional well-being of the Child. C. Thereafter, the Father shall have custody of the Child every Tuesday from 6:00 p.m. until 9:00 p.m. D. Beginning Sunday, June 1, 2008, the Father shall also have custody of the Child every Sunday from 12:00 noon until 7:00 p.m., for which the Father shall pick up the Child at church and shall return the Child to the Mother's custody at the Turkey Hill at the intersection of Wertzville Road and Good Hope Road. E. Except as otherwise specified in the preceding paragraph, all exchanges of custody shall take place in the lobby of the West Shore YMCA. Z .Z Wd LZ X SOOZ F. In the event the Father is unable to exercise a period of custody due to travel plans, the Father shall notify the Mother at least 30 days in advance. G. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. 3. The Mother shall ensure that the Child contacts the Father by telephone every Wednesday and Friday between 7:30 p.m. and 8:00 p.m. 4. The parties agree that the Father shall not have periods of overnight custody with the Child until the in-ground pool at the Father's residence is protected by a locked fence. 5. The Father shall ensure that the Child has his regularly scheduled nap time during the Father's periods of custody on Sundays. 6. Both parties shall ensure that all exposed electrical outlets in their respective residences are protected by childproof covers and that both residences have childproof locks on doors, cabinets and drawers as appropriate. 7. Neither party shall have guns or pornography in their respective residences. 8. Both parties shall refrain from drinking alcohol to the point of intoxication during periods of custody with the Child. 9. Both parties shall ensure that the Child is exposed only to age appropriate television shows and movies during their periods of custody. 10. The Child shall be transported at all times in an age and weight appropriate car seat as required by law. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. Within sixty (60) days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 13. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: ere Cordier, Esquire - Counsel for Father ?da A. Clotfelter, Esquire - Counsel for Mother a r°? i D? BY THE COURT, RON WILLIS Plaintiff vs. HEIDI L. WILLIS Defendant Prior Judge: J. Wesley Oler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-2321 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mason James Willis February 17, 2004 Mother 2. A custody conciliation conference was held on May 14, 2008, with the following individuals in attendance: the Father, Ron Willis, with his counsel, Derek Cordier, Esquire, and the Mother, Heidi L. Willis, with her counsel, Linda A. Clotfelter, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esqui Custody Conciliator Derek Cordier, Esq. #83284 319 South Front Street, Harrisburg, PA 17104-1621 (717) 919-4002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA RON WILLIS Plaintiff Docket No. 2008-2321 VS. . Civil Action - Law : Custody HEIDI L. WILLIS . Defendant AMENDED COMPLAINT FOR CUSTODY 1. The Plaintiff is Ron Willis and he has resided at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 since November, 2002. 2. The Defendant is the Mother, Heidi L. Willis and she has resided at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania since November, 2002 to the present and is represented by Linda A. Clotfelter, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050. 3. Plaintiff seeks shared legal custody and shared physical custody of the following Child: Mason James Willis, residing at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Age: 4 years (DOB 02/17/2004) 4. Plaintiff seeks visitation with the following Child; Christianna Pamela Willis, residing at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Age: 8 years (DOB 07/7/99) a) The Children are presently in the custody of Mother, residing at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. b) During the past five years, the Children have resided with the following persons and at the following addresses: The Children resided with Mother and Father at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, from birth to December 26, 2007. The Children resided with Mother at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, from December 26, 2007 to present. c) The Mother of the Child is Heidi L. Willis residing at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania. d) The Biological Father of the Child, Mason James Willis, and the In Loco Parentis Father of Christianna Pamela Willis, is Ron Willis and he resides at 126 North Barley Drive, Duncannon, PA 17020. 4. The relationship of Plaintiff to the Children is that of Biological Father to Son and In Loco Parentis Child to Daughter. 5. The Plaintiff currently resides with the following persons: Plaintiff resides with his roommate Karen Zerbe. 6. The relationship of Defendant to the Children is that of Mother to Son and Daughter. 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the Children in this or any other court. a) Plaintiff has no information of a custody or visitation proceeding concerning the Children pending in a court of this Commonwealth or any other state. b) Plaintiff does not know of a person, who is not a party to the proceedings that has physical custody or visitation of the Children or claims to have custody or visitation rights with respect to the Children. 8. The best interest and permanent welfare of the Children will be served by granting the relief requested because: It is in the best interest of the Child, Mason James Willis and in that his financial, physical, and emotional well-being shall be served by the Parents sharing legal and physical custody and it is in the best interest of Christianna Pamela Willis, that her physical and emotional well-being will best be served by the Father being granted visitation. 9. Each Parent whose parental rights to the Children have not been terminated and the person who has physical custody of the Children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the Children will be given notice of the pendency of this action and the right to intervene: There are no other persons having a claim of right to custody. WHEREFORE, the Plaintiff respectfully requests that the Court order shared legal custody and shared physical custody of the Child, Mason James Willis and visitation with the Child Christianna Pamela Willis. Respectfully submitted by: SC #83284 I verify that the statements made in the foregoing Amended Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. $ 4904, relating to unsworn falsification to authorities. 7 Ron 11lis Date Attorney for Plaintiff: Derek Cor ier, E q. #83284 319 South on treet Harrisburg, PA 17104-1621 (717) 919-4002 F { .+ y??^yy RON WILLIS . IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HEIDI L. WILLIS DEFENDANT 2008-2321 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, June 20, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Friday, July 18, 2008 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda 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 4?; 'go- fr :"7 Ee - a e7 1' :z =1j £Z I NI 2 002 RON WILLIS, Plaintiff/Respondent VS. HEIDI L. WILLIS, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2321 CIVIL ACTION -LAW ACTION FOR DIVORCE & CUSTODY Prior Judicial Assignment: J. Wesley Oler, Jr., Judge Prior Conciliator Assignment: Dawn Sunday, Esquire Concurrence/Nonconcurrence: Respondent does not concur; See paragraph 9 PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW, comes Petitioner, Heidi L. Wills, by and through her counsel, Linda A. Clotfelter, Esquire, who files this Petition for Civil Contempt for Disobedience of Custody Order, stating in support thereof the following: 1. Petitioner is Heidi L. Willis, (hereinafter referred to as "Mother"), an adult individual who currently resides at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Respondent is Ron Wills, (hereinafter referred to as "Father"), an adult individual who currently resides at 126 North Barley Drive, Duncannon, Perry County, Pennsylvania, 17020. 3. The parties are the parents of one child, Mason J. Willis, (hereinafter "Mason"), age 4 years having been born February 17, 2004. 4. An Order of Court dated May 23, 2008, was entered in this matter upon agreement of the parties after Conciliation Conference before Dawn S. Sunday, Esquire. A true and correct copy of the Order of Court is attached hereto as Exhibit "A" and is incorporated herein as if fully set forth verbatim. 5. Respondent recently filed an Amended Complaint for Custody seeking visitation with his unrelated stepdaughter, Christianna P. Willis, (hereinafter "Christianna"), age 9 years having been born July 7, 1999. 6. Mother strongly opposes Respondent's request for visitation with Christianna due to prior episodes of domestic violence and sexual assaults upon Mother that were witnessed by Christianna; the devastating affect upon Christianna from it; and the fact that Respondent has taken the position that a custody evaluation is not necessary (despite the clear need due to these episodes). 7. A conciliation conference on the Amended Complaint for Custody is scheduled for Friday, July 18, 2008 at 12:00 p.m. before conciliator Dawn Sunday, Esquire. 8. By correspondence dated June 16, 2008, Mother gave Father notice of her intent to file this Petition for Contempt if Father did not correct his violations on or before June 20, 2008. A true and correct copy of the correspondence is attached hereto as Exhibit "B" and is incorporated herein as if fully set forth. 9. Father does not concur with this motion. However, the parties have stipulated and agreed that this Petition for Contempt may be heard concurrently with Father's Amended Complaint at the scheduled conciliation and future hearing, if any. 10. The Order of Court previously entered in this case awards the parties shared legal custody of Mason with primary physical custody to Mother and partial physical custody to Father. It does not address Christianna. 11. Paragraph one (1) of the Order specifically directs the parties to "submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Deborah Salem or other professional selected by agreement between the parties." 12. It also directs both parties to make and attend all appointments in the evaluation process on a timely basis; to sign any authorizations necessary; and it directs that Father "shall pay all costs of the evaluation initially" (as he volunteered and was agreed at the conference) with a reservation to request that the Court apportion the costs in a subsequent proceeding. 13. With a complete disregard for the authority of the court, Father has purposely and knowingly violated paragraph one (1) of the Order by refusing to pay the initial costs for the evaluation. 14. Father has also willingly and knowingly violated other terms of the Order. 15. It specifically states that "Father shall not have periods of overnight custody with the Child until the in-ground pool at the Father's residence is protected by a locked fence." 16. To date, with a complete disregard for the authority of this court, Father has refused to erect a suitable locked fence around the in-ground pool at his residence. 17. Father has also violated the very specific terms in the Order directing that both parties childproof their home. 18. The Order also specifically states that both parties "shall ensure that all exposed electrical outlets in their respective residences are protected by childproof covers and that both residences have childproof locks on doors, cabinets and drawers as appropriate." 19. Although Father has childproofed the electrical outlets, he has failed and/or refused to carry out the other childproofing mandated by the terms of the Order and he has told Mother that he will not further childproof the home. 20. By correspondence dated June 16, 2008, Mother gave Father until June 20, 2008 to correct his violations and informed him that should he fail to do so, a contempt petition would be filed. A true and correct copy of the correspondence is attached hereto as Exhibit "B" and is incorporated herein as if fully set forth. 21. Father has continued to disobey the Order of Court in this case. 22. Due to Father's behavior, Mother has had to incur attorney's fees and costs of $750.00 associated with the preparation and presentation of this Petition for Civil Contempt for Disobedience of Court Order. 23. Mother now seeks to have this Court enforce its Order of May 23, 2008. 24. Mother also seeks to have the Court award her $750.00 for the attorney's fees and expenses incurred by her to prepare and present this Petition. WHEREFORE, Petitioner, Heidi L. Willis, respectfully requests that this Honorable Court find Defendant, Ron Willis, in contempt of the Order dated May 23, 2008 and Order Father to do the following: a. Submit himself and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Deborah Salem or other professional selected by agreement between the parties; b. Make and attend all appointments in the evaluation process on a timely basis; to sign any authorizations necessary; and to pay all costs of the evaluation initially; C. Have a locked fence erected around the in-ground pool at his residence; d. Take the steps necessary to ensure that his home is childproofed, including but not limited to installing childproof locks on doors, cabinets and drawers as appropriate; e. Pay Mother's reasonable attorney's fees and costs of $750.00; and f. Grant such other relief as this Court deems just and proper. Respectfully submitted, Dated: 2008 LAW FIRM OF LINDA A. CLOTFELTER Li da A. Clotfelter, Esquire - C nsel for Petitioner Attorney I.D. No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile RON WILLIS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2008-2321 HEIDI L. WILLIS, CIVIL ACTION -LAW DEFENDANT : ACTION FOR DIVORCE & CUSTODY VERIFICATION I, HEIDI L. WILLIS, verify that the statements in the foregoing PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER 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. /do Date: HEIDI L. WILLIS fir: om,j,^, RON WILLIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-2321 CIVIL ACTION LAW HEIDI L. WILLIS Defendant IN CUSTODY ORDER OF COURT -AA,l AND NOW, this _ day of , 2008, upon consideration of the attached Custody Conciliation Re ort, ' is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Deborah Salem or other professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Child. The parties shall make and attend all appointments in the evaluation process on a timely basis. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. The Father shall pay all costs of the evaluation initially, but reserves the right to request that the Court apportion the costs in a subsequent proceeding, if appropriate. 2. Pending completion of the custody evaluation and further agreement of the parties or Order of Court, the parties shall share having legal custody of the Child and shall have physical custody on a temporary basis as follows: A. The Father shall have custody of the Child on Thursday, May 15, 2008 from 6:00 p.m. until 9:00 p.m. B. On Tuesday, May 20, 2008 at 6:00 p.m., the Mother shall come to Duncannon to see the Father's current residence and where the Child will be staying during the Father's periods of custody. The Father shall have custody of the Child following the Mother's visit until 9:00 p.m. Both parents may have other third parties present during the Mother's review of the Father's residence to assist the parties in maintaining a civil and cooperative atmosphere during the Mother's visit for the emotional well-being of the Child. C. Thereafter, the Father shall have custody of the Child every Tuesday from 6:00 p.m. until 9:00 p.m. D. Beginning Sunday, June 1, 2008, the Father shall also have custody of the Child every Sunday from 12:00 noon until 7:00 p.m., for which the Father shall pick up the Child at church and shall return the Child to the Mother's custody at the Turkey Hill at the intersection of Wertzville Road and Good Hope Road. E. Except as otherwise specified in the preceding paragraph, all exchanges of custody shall take place in the lobby of the West Shore YMCA. ? ? , ZIN F. In the event the Father is unable to exercise a period of custody due to travel plans, the Father shall notify the Mother at least 30 days in advance. G. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. 3. The Mother shall ensure that the Child contacts the Father by telephone every Wednesday and Friday between 7:30 p.m. and 8:00 p.m. 4. The parties agree that the Father shall not have periods of overnight custody with the Child until the in-ground pool at the Father's residence is protected by a locked fence. 5. The Father shall ensure that the Child has his regularly scheduled nap time during the Father's periods of custody on Sundays. 6. Both parties shall ensure that all exposed electrical outlets in their respective residences are protected by childproof covers and that both residences have childproof locks on doors, cabinets and drawers as appropriate. 7. Neither party shall have guns or pornography in their respective residences. 8. Both parties shall refrain from drinking alcohol to the point of intoxication during periods of custody with the Child. 9. Both parties shall ensure that the Child is exposed only to age appropriate television shows and movies during their periods of custody. 10. The Child shall be transported at all times in an age and weight appropriate car seat as required by law. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. Within sixty (60) days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 13. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. Wesley Oler, Jr. J. cc: Derek Cordier, Esquire - Counsel for Father Linda A. Clotfelter, Esquire - Counsel for Mother TRUE COPY In Testimony whereof, and the seal of said Q F N P.M.0RD i hare unto set my hand curt at,Sariisle, Pa,, RON WILLIS Plaintiff vs. HEIDI L. WILLIS Defendant Prior Judge: J. Wesley Oler CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE. OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-2321 CIVIL ACTION LAW IN CUSTODY 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mason James Willis February 17, 2004 Mother 2. A custody conciliation conference was held on May 14, 2008, with the following individuals in attendance: the Father, Ron Willis, with his counsel, Derek Cordier, Esquire, and the Mother, Heidi L. Willis, with her counsel, Linda A. Clotfelter, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date j Dawn S. Sunday. Esqui Custody Conciliator LAW FIRM OF LINDA A. CLOTFELTER 5021 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PENNSYLVANIA 17050 telephone (717) 796-1930 June 16, 2008 facsimile (717) 796-1933 Derek Cordier, Esquire 319 South Front Street Harrisburg, PA 17104 RE: Willis v. Willis - Divorce and Child Custody Dear Derek: We are writing to you in response to the documentation we recently received including a letter requesting that this matter be sent immediately to trial. We understand since sending that letter you have learned we must go to conciliation. It is our position that your client's refusal to proceed as per the Order of Court dated May 23, 2008 is contempt. More specifically, your client is in direct violation of paragraph one of the current Order regarding the custody evaluation The Order specifically mandates that "the parties shall submit themselves, their minor child, and any other individuals deemed necessary by the evaluator to a custody evaluation". It also states that "Father shall pay all costs in the evaluation initially". The language of the Order could not be clearer. Moreover, your client agreed to this language at the time of prior conciliation conference. It is our position that there must be a custody evaluation in this case. You have alleged in your correspondence that there are issues with my client's conduct. It is apparent from the conduct of all involved that a complete custody evaluation is critical. Your client has also willfully and knowingly violated paragraphs four and six. Your client indicated at the conference that he would be installing a locked fence around the in-ground pool. It was also confirmed that both parties must child proof their homes as per the language in paragraph six. It is my understanding that the only efforts to child-proof the house by your client have been to cover the electrical outlets. When my client was present in the home there were no childproof locks on doors, cabinets, and drawers. This is not acceptable and we anticipate immediate compliance. If your client is unable to meet the terms of the Order by noon on Friday, June 20, 2008, we will have no alternative but to file a Petition for Contempt We would anticipate that the court will hear the matter of contempt with your amended Complaint for Custody and/or any other pleadings yet to be filed as of this date. Essentially, we intend to pursue the issue of contempt to the fullest extent and as quickly as possible. Very truly yours, LAC/sas cc: Heidi Willis (via-email only) inda A. Clotfelter ?, RON WILLIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-2321 HEIDI L. WILLIS, CIVIL ACTION - LAW Defendant/Petitioner ACTION FOR DIVORCE & CUSTODY CERTIFICATE OF SERVICE AND NOW, this r day of 2008, the undersigned hereby certifies that a true and correct copy of the foregoing PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER was served upon the opposing party by way of facsimile and United States first class mail, postage prepaid, addressed as follows: Derek Cordier, Esquire 319 South Front Street Harrisburg, PA 17104 Dawn S. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17050 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER -- . i--1. Li da A. Clotfelter, Esquire At orney ID No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Petitioner -n W^'. CO r,? r RON WILLIS PLAINTIF V. HEIDI L. WILLIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-2321 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, it is hereby directed that pay at 39 West Main Stre for a Pre-Hearing Custody I if this cannot be accomplisl order. All children age five provide grounds for entry o The court hereby c Special Relief orders, and Wednesday, July 23, 2008 , upon consideration of the attached Complaint, ies and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, t, Mechanicsburg, PA 17055 on Monday, July 21, 2008 at .onference. At such conference, an effort will be made to resolve the issues in dispute; or -d, to define and narrow the issues to be heard by the court, and to enter into a temporary or older may also be present at the conference. Failure to appear at the conference may a temporary or permanent order. ects the parties to furnish any and all existing Protection from Abuse orders, ustody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court o: with Disabilites Act of available to disabled it must be made at least' conference or hearing. YOU SHO HAVE AN ATTORN FORTH BELOW TO Common Pleas of Cumberland County is required by law to comply with the Americans 1990. For information about accessible facilities and reasonable accommodations 3ividuals having business before the court, please contact our office. All arrangements 2 hours prior to any hearing or business before the court. You must attend the scheduled LD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT Y OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET IND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 lp , , ?l 150 ? 6 o- r` c. .S a JUL 2 5 2008 RON WILLIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-2321 CIVIL ACTION LAW HEIDI L. WILLIS Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2 v , 2008, upon consideration of the attached Custody Conciliation Report, it is order 6d and directed as follows: 1. The prior Order of this Court dated May 23, 2008 shall continue in effect as modified by this Order. 2. The parties shall promptly initiate the custody evaluation required by the prior Order of this Court dated May 23, 2008, for which the Mother shall be responsible to pay $2000.00 and the Father shall be responsible to pay $2500.00 toward the prepayment. The best interests of the Child, Christianna Pamela Willis, shall also be assessed as part of the evaluation. 3. The Father shall also have custody of Christianna for the Tuesday evening periods of custody from 6:00 p.m. until 9:00 p.m. which he currently has with Mason. 4. The Father shall have custody of Mason for his family gathering from Friday, August 1, 2008 at 12:00 noon through Sunday, August 3 at 7:00 p.m. The Father shall provide advance notice to the Mother through counsel as to the location where the family gathering will be held and where Mason will be staying during this period of custody. 5. The Mother shall provide the Father with information as to the identity of any third party caregivers providing care for Mason. 6. The Mother shall promote the Child's telephone contact with the Father pursuant to paragraph 3 of the May 23, 2008 Order and shall not interrupt or prematurely terminate the telephone calls. 7. The Father agrees to install a safety gate at the top of the stairway in his residence to prevent Mason from going downstairs during the nighttime. 8. Paragraph 11 of the May 23, 2008 Order shall apply to Christianna as well as Mason in preventing either party from speaking or acting derogatorily toward the other party when the Child is present. All J 9. The Father may provide requests for additional periods of custody with the Children through counsel, which request shall not be unreasonably denied by the Mother. 10. Within sixty (60) days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. cc: erek Cordier, Esquire - Counsel for Father mda A. Clotfelter, Esquire - Counsel for Mother BY THE COURT, RON WILLIS Plaintiff vs. HEIDI L. WILLIS Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-2321 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mason James Willis February 17, 2004 Mother Christianna Pamela Willis July 7, 1999 Mother 2. A custody conciliation conference was held on July 18, 2008, with the following individuals in attendance: the Father, Ron Willis, with his counsel, Derek Cordier, Esquire, and the Mother, Heidi L. Willis, with her counsel, Linda A. Clotfelter, Esquire. 3. The parties agreed to entry of an Order in the form as attached, with the exception of the Father's period of custody for the family gathering, which is the recommendation of the conciliator. J, 5;c-? Dawn S. Sunday, Esquire Date Custody Conciliator RON WILLIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2008-2321 HEIDI L. WILLIS, : CIVIL ACTION - LAW Defendant : ACTION FOR DIVORCE & CUSTODY STIPULATED CUSTODY AGREEMENT 1 AND NOW, this // ay of , 2008, the parties to this proceeding, Ron Willis and Heidi L. Willis, agree to resolve the issue of Child Custody of their son, Mason J. Willis, upon agreement to be entered as an Order of Court upon approval, as per the following: 1. Plaintiff is Ron Willis, (hereinafter "Father"), who resides at 126 Barley Drive, Duncannon, Perry County, Pennsylvania 17020. 2. Defendant is Heidi L. Willis, (hereinafter "Mother"), who resides at 1514 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The child is the subject of this proceeding is Mason J. Willis, (hereinafter the "Child") age 4 years, having been born February 17, 2004. 4. An Order of Court dated May 23, 2008, was entered in this matter upon agreement of the parties after a Conciliation Conference before Dawn S. Sunday, Esquire. 5. A subsequent Order of Court was entered on July 28, 2008, upon agreement after a second Conciliation Conference before Dawn S. Sunday, Esquire. 6. The parties wish to have an Order entered based upon the provisions of this Stipulation and the Order supersede the prior Orders in this case. 7. The parties now seek to resolve their issues by written Stipulated Custody Agreement to be entered as an Order of Court and they agree upon the following terms: A. LEGAL CUSTODY: The parties shall have joint legal custody of the Child. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the Child's school, medical, dental, and other important records. As soon as practical after receipt by a party, copies of the Child's school schedules, special events notifications, report cards, and similar notices shall be provided to the other party. Each party shall notify the other of any medical, dental, optical, and other appointments of the child with health care providers, sufficiently in advance thereof so that the other party can attend. A party shall provide complete contact information for both parties whenever emergency or contact information is requested by form or otherwise by any school, daycare provider, or treating professional. If any service provider or professional still requires a release for a parent to access the child's education, religious or medical information, both parents shall execute a release within ten (10) days of any written request by any other party or their counsel. Notwithstanding that both parents share legal custody, non-major decisions involving the Child's day to day living shall be made by the parent then having custody, consistent with the other provisions of the Order to be entered pursuant to this Stipulation. B. PHYSICAL CUSTODY: Mother shall have primary physical custody of the Child and Father shall have visitation alternating weekends from Friday at 4:30 p.m. through Sunday at 9:15 a.m. and every Tuesday from 5:00 p.m. until 8:00 p.m. On Sunday mornings the custody transfer shall occur at Our Lady of Lords Catholic church in Enola, Pennsylvania so Mason can attend CCD. It is anticipated that if available, Christiana P. Willis will be present with Mason at the Tuesday partial custody periods with Father. Acknowledging the demands of Father's full-time and part-time jobs, it is agreed that if he must work unexpectedly during one of his visitation periods, Mother shall have the opportunity to care for Mason and that Father may from time-to-time request additional time with Mason for family related occasions and such requests shall not be unreasonably withheld. Upon thirty (30) days notice to Mother, and due to Father's work schedule, it is agreed that upon the occasion that Father is unable to care for Mason during one of his scheduled custodial periods, Mother shall not file any petitions for contempt. If either party petitions for a modification of the Order of Court entered as a result of this Stipulation of Custody, then it is expressly agreed by the parties that Paragraph 2 of the Order of Court in this matter dated July 28, 2008, which addresses a custody evaluation, shall become effective. C. ALTERNATE HOLIDAYS: The parties agree to alternate Memorial Day, Fourth of July and Labor Day commencing with Mother exercising rights on Memorial Day, 2009. These custody periods shall be from 9:30 a.m. until 8:00 p.m. D. EASTER AND THANKSGIVING: The parties agree that Mother shall have custody of Mason on Easter and Father shall have custody of Mason on Thanksgiving. These periods of custody shall be from 9:30 a.m. until 8:00 p.m. E. CHRISTMAS: In odd numbered years, Father shall have the right of custody from December 24th at noon through December 25th at noon, with Mother having custody from December 25th at noon through December 26th at noon. In even numbered years, Mother shall have the right of custody from December 24th at noon through December 25th at noon, with Father having custody from December 25th at noon through December 26th at noon. F. MOTHER'S DAY AND FATHER'S DAY: Mother shall always have the right to custody of the child on Mother's Day and Father shall always have the right to custody of the child on Father's Day. The custody period for Mother's Day and Father's Day shall be from 9:30 a.m. to 8:00 p.m. G. VACATIONS: Each party shall be entitled to two (2) nonconsecutive weeks of additional custody for the purpose of vacations upon thirty days' prior written notice to the other party. In the event the parties choose the same dates, the party providing the first written notice to the other shall be entitled to the dates selected. H. HOLIDAYS A PRIORITY: The periods of custody for holidays, vacations, or other special days set forth in this Order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of physical custody set forth previously in this Order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations. 1. TRANSPORTATION: Father shall provide transportation for Mason and the custody transfers shall take place at the West Shore YMCA, except for Sunday mornings as stated above. At all times, the Child shall be secured in age appropriate passenger restraints. J. EXTRACURRICULAR ACTIVITIES: Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor and participate in the activities that the Child wishes to engage in. During the times that the parents have custody of the Child, they will make certain that the Child attend any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the Child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Child is able to participate in those events. Neither parent, however, shall sign up the Child for any activity unless the Child definitely desire to attend that activity. Participation in activities which take place during the school year is contingent upon that child maintaining passing grades in school. Neither parent shall sign up the Child for activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the Child is involved in an activity that occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Child to the activity. However, the custodial parent shall not be required to take the Child to that activity if the custodial parent and Child are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the Child to the particular activity, the parent who has custody of the Child at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the Child to the designated activity. The custodial parent shall make certain that the Child is ready for pickup in time sufficient to enable the Child to timely attend the activity. K. TELEPHONE CALLS: Both parties are urged to use common sense in scheduling telephone calls to talk to the Child. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to the Child, or preventing the Child from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the Child's schedule. L. TELEVISION AND MOVIES: Both parties shall ensure that the Child is exposed to only age appropriate television show or movies during periods of custody. M. AGREEMENT TO VARY: The parties may vary from this schedule upon mutual agreement. N. DISPARAGING REMARKS: Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither party shall do, nor shall either parent permit any third person to do, or say anything which may estrange the Child from the other parent, their spouse or relatives, or injure the Child's opinion of the other party or which may hamper the free and natural development of the Child's love and respect for the other parent. The parties will not use the Child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 0. FINANCIAL CARE OF CHILD: In the event that a significant matter arises with respect to the medical care, education, or financial care of the Child such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. P. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the Child's heath, maintenance, and education with a view towards obtaining and following a harmonious policy in the Child's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the Child and visitation. Each party agrees to supply the name, address and phone numbers of any persons in whose care the Child will be in for a period in excess of seventy two (72) hours, and for each person or entity which may provide daycare for the Child. Q. ILLNESS OF CHILD: Emergency decisions regarding the Child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Child at any time, any party then having custody of that Child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. R. WELFARE OF CHILD TO BE CONSIDERED: The welfare and convenience of the Child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the Child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. S. SMOKE / DRINK / ILLEGAL SUBSTANCES: No party shall smoke in any part of a confined area with the Child present and neither party shall permit another person to smoke in any part of a confined area with the Child present. No party shall drink alcoholic beverages to the point of intoxication or consume illegal substances when in the presence of the Child. T. GUNS: Neither party shall own or have guns or pornography in their possession or residences. U. AGREEMENT TO VARY AND MODIFICATION OF ORDER: The parties may vary from this schedule upon mutual agreement. The parties are also free to modify the terms of this Order but in order to do so the Court makes it clear that both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. In the event that one or the other does not consent to a change, that does not mean each follows your own idea as to what you think the arrangements should be. The reason this Court Order is set out in detail is so both parties have it to refer to and to govern your relationship with the child and each other in the event of a disagreement. V. RELOCATION OF PARTY: The parties have negotiated this Agreement based upon the parties' current residences. If either party intends to establish residency outside of Cumberland or Perry Counties, he or she must give to the other at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event that the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. W. REPRESENTATION: In reaching this agreement, Father is represented by Derek Cordier, Esquire and Mother is represented by Linda A. Clotfelter, Esquire. This Agreement is binding and enforceable when signed by RON WILLIS AND HEIDI L. WILLIS. Both parties agree that this Agreement and Stipulation shalt be incorporated into an Order of Court. WHEREFORE, the parties ask this Honorable Court to enter an Order in accordance with this Stipulated Custody Agreement. Dated: Dated: /l?flN Dated: 111.W aP4 Dated: Respectfully submitted, r RON WILLIS, Father/Plaintiff HEIDI L. WILLIS, Mother//Defendant A. CLOTFELTER, ESQ i for Mother/Defendant ?-? ,- - . ?=,, ? ? , # . ? _ .._ ? ?,?-, ?? ?:?. y t f ;': ..'s ° -`' io MAR 18 mk4 RON WILLIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2008-2321 HEIDI L. WILLIS, : CIVIL ACTION - LAW Defendant : ACTION FOR DIVORCE & CUSTODY ORDER AND NOW, this ?l day of 2009, upon consideration of the Stipulation of Custody filed to the above-captioned docket, the Court hereby incorporates the Stipulation by reference into this Order of Court. BY THE COURT: ? ? ?? ' ,? s--= -E ?;r u W ?t 4 ? ? c.?, L rJ iy om ? z .i t - ? '-: +"L ??_ ?' cn c? C? RON WILLIS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V.N. Mk 2008-2321 CIVIL ACTION LAW rrn ma r= HEIDI L. WILLIS IN CUSTODY C) DEFENDANT C; -0 3 -6 ' ORDER OF COURT AND NOW, Wednesday, February 09, 2011 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055on Thursday, March 10, 2011 at 11:30 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/ Dawn S. Sunday, Es q. _ 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 9- U l Y9 ( 32 South Bedford Street a Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 RON WILLIS VS. HEIDI L. WILLIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2008-2321 CIVIL ACTION LAW c (nr- ?D M Defendant IN CUSTODY r -2t 4 c7 o = = ORDER OF COURT ?4 AND NOW, this 12A day of A p , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Within seven days of the date of this Order, each party shall contact Deborah Salem to initiate the custody evaluation required by the prior Orders of this Court dated March 20, 2009 and May 23, 2008. The parties shall participate in the custody evaluation in good faith and shall schedule all appointments through completion in a timely manner so as to not further delay the evaluation process. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the parties' Child, Mason, and shall also include recommendations concerning arrangements for the Mother's biological child, Christiana. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Children. All costs of the evaluation shall be shared equally between the parties. 2. The parties shall cooperate in facilitating telephone contact between the Father and the Children. The Mother shall ensure that the Children respond to the Father's telephone messages requesting a return telephone call. 3. The Mother shall email the soccer scheduling information for Mason to the Father as soon as possible so that the Father can obtain the schedule directly from the coach. 4. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation if necessary. BY THE COURT, - j 64? J. esley Oler, J. J. cc: Ron Willis - Father ?;8s I Diane M. Dils, Esquire 41 I6I 1 Q RON WILLIS vs. HEIDI L. WILLIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2008-2321 CIVIL ACTION LAW Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mason James Willis February 17, 2004 Mother 2. A custody conciliation conference was held on April 7, 2011, with the following individuals in attendance: the Mother, Heidi L. Willis, with her counsel, Diane M. Dils, Esquire, and the Father, Ron Willis, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. -? 7, ii il - U?-- Date Dawn S. Sunday, Esquire Custody Conciliator RON WILLIS PLAINTIFF V. HEIDI L. WILLIS DEFENDANT . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVARW' 2008-2321 CIVIL ACTION LAW - s IN CUSTODY ORDER OF COURT r; AND NOW, Thursday, October 20, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, November 22, 2011 _ at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. 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 1/ov ??ileo? 7? r ?o *C- RON WILLIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. HEIDI L. WILLIS Defendant : 2008-2321 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT r-) -?a a M M C-- r-_1 C-:J G.J Q --r 773 f? AND NOW, this 1' I'l day of ) OV , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court shall continue in effect as modified by this Order. 2. The Father shall have partial physical custody of the Children as follows: A. The Father shall have partial physical custody of Mason Willis on alternating weekends from Friday at 5:30 p.m. through Sunday morning at 9:15 a.m., when the Father shall drop off the Child at Our Lady of Lourdes Church in Enola, and from Sunday at noon, when the Father shall pick up the Child at church, through 4:00 p.m. In addition, the Father shall have custody of Mason on the interim alternating weekends from 12:00 noon, when the Father shall pick up the Child at Our Lady of Lourdes Church in Enola through 4:00 p.m. B. The Father shall have partial physical custody of Christiana Willis every weekend from 12:00 noon, when the Father shall pick up the Child at Our Lady of Lourdes Church in Enola until 4:00 p.m. C. The exchanges under this provision which do not take place at Our Lady of Lourdes Church shall take place at the Turkey Hill store on the Wertzville Road. D. The partial custody schedule set forth in this provision shall begin on Friday, December 9, 2011, with the Father receiving custody of Mason at 5:30 p.m. at the Turkey Hill store. 3. The parties agree that the Father will not have his period of weekend custody on the weekend immediately following Thanksgiving or on Sunday, December 4 due to the Father's unavailability for work reasons. The Father shall be entitled to one weekend period of makeup custody, which shall be scheduled by agreement before March 1, 2012. The Mother shall notify the Father by text message or email of the attorney who will be representing her in this custody matter and the makeup weekend period of custody shall be scheduled through communications between the parties' respective attorneys. 4. In 2011, the Father shall have custody of Christiana on Christmas Eve from 4:00 p.m. until 8:00 p.m. and shall have custody of Mason from Christmas Eve at 4:00 p.m. through Christmas Day at 12:00 noon. 5. For Thanksgiving in 2011, the Father shall have custody of Mason from 9:30 a.m. until 8:00 p.m. as provided in the current Custody Order. 6. All custody exchanges under this Order which are not scheduled to take place on Sundays at Our Lady of Lourdes Church in Enola shall take place at the Turkey Hill store on Wertzville Road. During the exchanges, the Mother shall remain in the store at all times and the Father shall not enter the store at any time in an effort to prevent conflict between the parties during the exchanges of custody. In the event the Father is not available at the time of the exchange, the Father's friend, Karen, may effectuate the exchange of custody under the same conditions applicable when the Father is present. 7. Each parent shall send an email to the other parent every Sunday specifically advising of any developments, activities, appointments etc. regarding the Children during the prior week and notifying of any appointments, events or other developments related to the Children anticipated or scheduled for the following week. The purpose of this provision is to ensure a liberal and regular exchange of information concerning the Children between the parties. For purposes of this provision, the Father shall send his Sunday message to the Mother at h1w2010 a,aol.com and the Mother shall send her Sunday message to the Father at westshorediversggmail.com. Each party shall notify the other promptly if there is a change in that party's email address. 8. The Mother shall ensure that the Children contact the Father by telephone between 8:00 p.m. and 8:30 p.m. on every day during which the Father has not had a period of custody. If the Child or Children are unable to reach the Father at that time, the Mother shall ensure that the Children leave a message on the Father's answering machine. If Christiana is not available between 8 p.m. and 8:30 p.m., the Mother shall ensure that Christiana makes the telephone call to the Father between 9:00 p.m. and 9:30 p.m. 9. The parties shall ensure that they are checking email messages around the times of exchanges so that in the event a party is late for the exchange of custody due to unavoidable exigent circumstances, the message will be received by the other parent. 10. In the event a party is more than 20 minutes late for an exchange of custody without first having notified the other parent by text message of the situation, the custodial parent may leave the place of exchange with the Children. However, the parties thereafter shall make an attempt to make arrangements for an exchange of custody to facilitate arrangements for the remainder of the non- custodial parent's period of custody. This provision shall not be interpreted to permit a unilateral change in the custody schedule but is only intended to ensure that the non-custodial parent does not forfeit an extended period of custody due to an unavoidable initial unavailability. 11. The parties shall strictly abide by the exchange times and places in this Order unless otherwise modified by Court Order or a signed written agreement between the parties which may include clearly confirmed terms of an agreement through corresponding emails or text messages. In the absence of a documented mutual agreement to change any term of this Order, the terms of this Order shall control. BY THE COURT, J. Wesley Oler, cc: 'Derek J. Cordier Esquire -Counsel for Father ? Heidi L. Willis - Mother RON WILLIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-2321 CIVIL ACTION LAW HEIDI L. WILLIS Defendant IN CUSTODY Prior Judge: J. Wesley Oler Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mason J. Willis February 2, 2004 Christiana P. Willis July 7, 1999 Mother Mother 2. A custody conciliation conference was held on November 22, 2011, with the following individuals in attendance: the Father, Ron Willis, with this counsel, Derek J. Cordier Esquire, and the Mother, Heidi L. Willis, who was not represented by counsel at the conference. 3. The conciliator recommends an Order in the form as attached. lie Date Dawn S. Sunday, Esquir Custody Conciliator RON WILLIS, Plaintiff VS. HEIDI L. WILLIS, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2321 CIVIL ORDER day of April, 2012, the Honorable J. Wesley Oler, Jr., Senior Judge, is assigned to preside over this case. BY THE COURT, /erek Cordier, Esquire For the Plaintiff / eidi L. Willis, Pro Se 1514 Inverness Drive Mechanicsburg, PA 17055 VKeborah Salem 2201 North Second Street Harrisburg, PA 17110 V :rlm r*7 cn f?. r-"l %.0 11? -, - RON WILLIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW HEIDI L. WILLIS, Defendant NO. 08-2321 CIVIL TERM ORDER OF COURT AND NOW, this 9 h day of April, 2012, Grace D'Alo, Esq., is hereby appointed Guardian ad Litem for the minor children in the above-captioned matter. BY THE COURT, Oy?L Q J esley Oler 6 J. j/ Derek J. Cordier, Esq. 319 South Front Street Harrisburg, PA 17104-1621 Attorney for Plaintiff ./ Heidi L. Willis 1514 Iverness Drive Mechanicsburg, Pa 17055 Grace E. D'Alo, Esq. 530 Greason Road Carlisle, Pa 17015 Guardian Ad Litem f.a ray t't? ,,, > G? c rt :rc (' P; e5 twa led 41 b 40?? RON WILLIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HEIDI L. WILLIS, Defendant NO. 08-2321 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of April, 2012, upon consideration of Plaintiff's Petition for Special Relief Emergency Temporary Custody, and following a telephone conference on April 27, 2012, with Derek Cordier, Esq., attorney for Plaintiff, Joanne Harrison Clough, Esq., attorney for Defendant, and Grace E. D'Alo, Esq., Guardian ad Litem for the children, sole physical custody of the children is granted to the Plaintiff, Ron Willis, pending a hearing scheduled for Thursday, May 3, 2012, at 9:30 a.m. before the undersigned, in the Cumberland County Courthouse. The precise location of the hearing in the courthouse will depend upon courtroom availability at that time. BY THE COURT, Derek Cordier, Esq. 319 South Front Street Harrisburg, PA 17104 Attorney for Plaintiff V Joanne Harrison Clough, Esq. 3 820 Market Street Camp Hill, PA 17011 Attorney for Defendant V Grace E. D'Alo, Esq. 530 Greason Road Carlisle, PA 1705 Guardian ad Litem 1 C= G? rn Co !- J x T? no Jr. S.J. J. esley Oler, -<> -j C , i r- = <? -,<D ?• p .. ? V ecp, e s iK,,,le d ql,) &G RON WILLIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA _.; c `= --? w CIVIL ACTION - LAW M V . . HEIDI L. WILLIS, NO. 08-2321 CIVIL TERM j C Defendant x,. C-) 3 C) a Z C_- ,. ORDER OF COURT y AND NOW, this 3 s 1. day of May, 2012, upon agreement of the parties, and in lieu of a hearing scheduled on Plaintiff's Petition for Special Relief Emergency Temporary Custody, it is hereby ORDERED and DECREED: 1. This Court's Order of April 27, 2012 is vacated. 2. The parties shall continue to have shared legal custody of the children Mason Willis and Christianna Willis pending the prior custody Order entered in this action. 3. An expedited Custody Conciliation Conference shall be scheduled before Dawn Sunday, Esquire. 4. The parties shall each have physical custody of the children pursuant to the following schedule until the date of the Custody Conciliation Conference: A. Mother shall have the children commencing Thursday May 3, 2012 to Monday morning May 7, 2012 when the children go to school; B. Father shall have physical custody of the children Monday May 3, 2012 after school until Friday morning May 11, 2012 when he drops the children at school; •? M C. Mother shall have physical custody of the children commencing Friday May 10, 2012 until Monday morning May 14, 2012 when the children go to school; D. Father shall have physical custody of the children after school on Monday May 14, 2012 until Wednesday morning May 16, 2012; E. Mother shall have physical custody from Wednesday afternoon May 16, 2012 until Friday morning May 18; F. Father shall have physical custody of the children commencing Friday May 18, 2012 flafter sch of until `M_onday morninyg? May 121. t/ ?(? ?r??nfy?/J Vy q-j S (11 ` `?"'9 ^ ^ ??11 - ! i ^C_ COY ?t G S? From ay 2i?12 forward unti the date`^ of.? the ustody C(inference, ? Mother shall have custody of the children every Monday and Tuesday through f Wednesday morning and Father shall have custody every Wednesday afternoon through Friday morning and the parties shall alternate weekends from Friday through Monday morning commencing with Mother on Fridayh?21012. This is a Temporary Order that shall remain in effect until the date of the Custody Conciliation Conference. 6. Mother shall not consume any alcohol during her periods of physical custody during the duration of this Temporary Order. 7. All custody exchanges shall take place at the children's' school. 8. All other provisions of the prior Custody Order not inconsistent with this Order shall remain in full force and effect. aaq 0-104 han? del illereJ Abb 4# BY THE COURT: L?fy' RON WILLIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-2321 CIVIL ACTION LAW HEIDI L. WILLIS Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ---?-! day of Test' , 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated November 11, 2008, November 29, 2011 and May 3, 2012 are vacated and replaced with this Order. 2. The Mother, Heidi L. Willis, and the Father, Ron Willis, shall have shared legal custody of Christiana Willis, born July 7, 1999, and Mason Willis, born February 2, 2004. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have shared physical custody of the Children in accordance with the following schedule: A. For the remainder of the school year, the parties shall have custody on the following dates: Mother shall have custody from May 16 through May 18; Father shall have custody from May 18 through May 21; Mother shall have custody from May 21 through May 25; Father shall have custody from May 25 through May 29; Mother shall have custody from May 29 through June 1; Father shall have custody from June 1 through June 4; Mother shall have custody from June 4 through June 8. B. Beginning on June 8, 2012 and continuing on an ongoing basis thereafter, the parties shall have custody of the Children in accordance with the following alternating weekly schedule: 1) During Week I, the Father shall have custody of the Children from Friday at 5:30 p.m. through Tuesday at 8:15 a.m. and the Mother shall have custody from Tuesday at 8:15 a.m. through Friday at 5:30 p.m. 2) During Week 11, the Father shall have custody of the Children from Friday at 5:30 p.m. through Monday at 8:15 a.m. and the Mother shall have custody from Monday at 8:15 a.m. through Friday at 5:30 p.m. 3) During the school year, the exchanges of custody shall take place at the Children's school. During the summer school break, the parties shall exchange custody at the Turkey Hill on Wertzville and Good Hope Roads in Enola. When the Father has custody of the Children through Tuesday and the Children do not have school on Monday and the Father is working, the Mother shall have custody of the Children from 8:15 a.m. until 5:30 p.m. on Monday. 3. The parties shall share having custody of the Children on holidays in accordance with the following schedule: A. Thanks ig vin /Eg_ aster: In every year, the Father shall have custody of the Children on Thanksgiving from 9:30 a.m. until 8:00 p.m. and the Mother shall have custody on Easter Sunday from 9:30 a.m. until 8:00 p.m. B. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. C. Memorial Day/July Fourth/Labor DU: The parties shall alternate having custody of the Children on the three summer holidays from 9:30 a.m. until 8:00 p.m. on the day of the holiday. In even numbered years, the Father shall have custody of the Children for Memorial Day and Labor Day and the Mother shall have custody for July Fourth. In odd numbered years, the Mother shall have custody of the Children for Memorial Day and Labor Day and the Father shall have custody for July Fourth. D. The holiday custody schedule shall supersede and take precedence over the regular and vacation custody schedules. 4. Each parent shall be entitled to have custody of the Children during the summer school break each year for vacation for up to two nonconsecutive weeks upon providing at least 30 days advance notice to the other parent by email. The parent providing notice first shall be entitled to preference on his or her selection of vacation days. 5. The parties shall make arrangements for the Children to participate in counseling with Georgina Anderson for the purpose of assisting the Children in transition emotions as recommended by the custody evaluator. The Mother shall contact the counselor to initiate the counseling and the Father's counsel shall provide the counselor with a copy of the Custody Evaluation Report and recommendations. The parties shall share all costs of the counseling which are not reimbursed by insurance. 6. The Mother shall provide a letter from her counselor, Ann Leedy, to the Father's counsel confirming that the counselor has received a copy of the Custody Evaluation Report and recommendations from the Mother. 7. The Father shall obtain information and support for parenting skills necessary to help the Children through major transitions as recommended by the custody evaluator. The Father may contact Georgina Anderson or another counselor of his selection to obtain the information and support required by this provision. 8. The parties shall follow the recommendations of the Children's treating physicians with regard to all treatment recommendations for the Children unless otherwise agreed between the parties. 9. The Father shall ensure that any guns in his possession are stored in an inaccessible locked location and that any ammunition therefor is stored and locked in a separate location from the guns. 10. The Mother shall not consume any alcohol during her periods of physical custody with the Children. This provision is not intended to prohibit the Mother from receiving Holy Communion during her periods of custody. 11. In the event a parent will be late for an exchange of custody due to unavoidable exigent circumstances, that parent shall notify the other parent by text message and the parties shall check their text messages around the times of the exchanges for that purpose. In the event a party is more than 20 minutes late for an exchange of custody without first having notified the other parent by text message of the situation, the custodial parent may leave the place of exchange with the Children. However, the parties thereafter shall make an attempt to make arrangements for an exchange of custody to facilitate arrangements for the remainder of the non-custodial parent's period of custody. This provision shall not be interpreted to permit a unilateral change in the custody schedule but is only intended to ensure that the non-custodial parent does not forfeit an extended period of custody due to an unavoidable initial unavailability. 12. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 13. Neither party shall smoke in any part of a confined area with the Children present and neither party shall permit another person to smoke in any part of a confined area with the Children present. 14. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties shall strictly abide by the exchange times and places in this Order unless otherwise modified by Court Order or a signed written agreement between the parties, which shall include clearly confirmed terms of an agreement if accomplished through corresponding emails or text messages. In the absence of a documented mutual agreement to change any term of this Order, the terms of this Order shall control. BY THE COURT, S, J. cc: Derek Cordier Esquire - Counsel for Father ? Joanne Harrison Clough Esquire - Counsel for Mother cn f RON WILLIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. HEIDI L. WILLIS Defendant 2008-2321 CIVIL ACTION LAW IN CUSTODY Prior Judge: J. Wesley Oler Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Christiana Willis July 7, 1999 Father/Mother Mason Willis February 2, 2004 Mother/Father 2. A custody conciliation conference was held on May 16, 2012, with the following individuals in attendance: the Father, Ron Willis, with his counsel, Derek Cordier Esquire, and the Mother, Heidi L. Willis, whose legal counsel, Joanne Harrison Clough Esquire, was unable to attend. Grace D'Alo, the Court appointed Guardian Ad Litem, was also unable to attend the conference but contacted the conciliator earlier in the day by telephone to provide her observations and recommendations on behalf of the Children. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator LrX?` RON WILLIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-2321 CIVIL ACTION LAW HEIDI L. WILLIS Defendant : IN CUSTODY ORDER OF COURT AND NOW, this _A__ day of Tq n,-' , 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated November 11, 2008, November 29, 2011 and May 3, 2012 are vacated and replaced with this Order. 2. The Mother, Heidi L. Willis, and the Father, Ron Willis, shall have shared legal custody of Christiana Willis, born July 7, 1999, and Mason Willis, born February 2, 2004. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have shared physical custody of the Children in accordance with the following schedule: A. For the remainder of the school year, the parties shall have custody on the following dates: Mother shall have custody from May 16 through May 18; Father shall have custody from May 18 through May 21; Mother shall have custody from May 21 through May 25; Father shall have custody from May 25 through May 29; Mother shall have custody from May 29 through June 1; Father shall have custody from June 1 through June 4; Mother shall have custody from June 4 through June 8. B. Beginning on June 8, 2012 and continuing on an ongoing basis thereafter, the parties shall have custody of the Children in accordance with the following alternating weekly schedule: 1) During Week I, the Father shall have custody of the Children from Friday at 5:30 p.m. through Tuesday at 8:15 a.m. and the Mother shall have custody from Tuesday at 8:15 a.m. through Friday at 5:30 p.m. 2) During Week II, the Father shall have custody of the Children from Friday at 5:30 p.m. through Monday at 8:15 a.m. and the Mother shall have custody from Monday at 8:15 a.m. through Friday at 5:30 p.m. 3) During the school year, the exchanges of custody shall take place at the Children's school. During the summer school break, the parties shall exchange custody at the Turkey Hill on Wertzville and Good Hope Roads in Enola. When the Father has custody of the Children through Tuesday and the Children do not have school on Monday and the Father is working, the Mother shall have custody of the Children from 8:15 a.m. until 5:30 p.m. on Monday. 3. The parties shall share having custody of the Children on holidays in accordance with the following schedule: A. Thanks ig_vin /Egg aster: In every year, the Father shall have custody of the Children on Thanksgiving from 9:30 a.m. until 8:00 p.m. and the Mother shall have custody on Easter Sunday from 9:30 a.m. until 8:00 p.m. B. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 1.2:00 noon through Christmas Day at 12:00 noon and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. C. Memorial Day/July Fourth/Labor Day: The parties shall alternate having custody of the Children on the three summer holidays from 9:30 a.m. until 8:00 p.m. on the day of the holiday. In even numbered years, the Father shall have custody of the Children for Memorial Day and Labor Day and the Mother shall have custody for July Fourth. In odd numbered years, the Mother shall have custody of the Children for Memorial Day and Labor Day and the Father shall have custody for July Fourth. D. The holiday custody schedule shall supersede and take precedence over the regular and vacation custody schedules. 4. Each parent shall be entitled to have custody of the Children during the summer school break each year for vacation for up to two nonconsecutive weeks upon providing at least 30 days advance notice to the other parent by email. The parent providing notice first shall be entitled to preference on his or her selection of vacation days. 5. The parties shall make arrangements for the Children to participate in counseling with Georgina Anderson for the purpose of assisting the Children in transition emotions as recommended by the custody evaluator. The Mother shall contact the counselor to initiate the counseling and the Father's counsel shall provide the counselor with a copy of the Custody Evaluation Report and recommendations. The parties shall share all costs of the counseling which are not reimbursed by insurance. 6. The Mother shall provide a letter from her counselor, Ann Leedy, to the Father's counsel confirming that the counselor has received a copy of the Custody Evaluation Report and recommendations from the Mother. 7. The Father shall obtain information and Children through major transitions as recommended Georgina Anderson or another counselor of his selec by this provision. support for parenting skills necessary to help the by the custody evaluator. The Father may contact tion to obtain the information and support required 8. The parties shall follow the recommendations of the Children's treating physicians with regard to all treatment recommendations for the Children unless otherwise agreed between the parties. 9. The Father shall ensure that any guns in his possession are stored in an inaccessible locked location and that any ammunition therefor is stored and locked in a separate location from the guns. 10. The Mother shall not consume any alcohol during her periods of physical custody with the Children. This provision is not intended to prohibit the Mother from receiving Holy Communion during her periods of custody. 11. In the event a parent will be late for an exchange of custody due to unavoidable exigent circumstances, that parent shall notify the other parent by text message and the parties shall check their text messages around the times of the exchanges for that purpose. In the event a party is more than 20 minutes late for an exchange of custody without first having notified the other parent by text message of the situation, the custodial parent may leave the place of exchange with the Children. However, the parties thereafter shall make an attempt to make arrangements for an exchange of custody to facilitate arrangements for the remainder of the non-custodial parent's period of custody. This provision shall not be interpreted to permit a unilateral change in the custody schedule but is only intended to ensure that the non-custodial parent does not forfeit an extended period of custody due to an unavoidable initial unavailability. 12. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 13. Neither party shall smoke in any part of a confined area with the Children present and neither party shall permit another person to smoke in any part of a confined area with the Children present. 14. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties shall strictly abide by the exchange times and places in this Order unless otherwise modified by Court Order or a signed written agreement between the parties, which shall include clearly confirmed terms of an agreement if accomplished through corresponding emails or text messages. In the absence of a documented mutual agreement to change any term of this Order, the terms of this Order shall control. BY THE COURT, -, l cc: Derek Cordier Esquire - Counsel for Father SP-' C= ? Joanne Harrison Clough Esquire -Counsel for Mother ? Cf t_ IPW _ RON WILLIS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. HEIDI L. WILLIS Defendant 2008-2321 CIVIL ACTION LAW IN CUSTODY Prior Judge: J. Wesley Oler Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Christiana Willis July 7, 1999 Father/Mother Mason Willis February 2, 2004 Mother/Father 2. A custody conciliation conference was held on May 16, 2012, with the following individuals in attendance: the Father, Ron Willis, with his counsel, Derek Cordier Esquire, and the Mother, Heidi L. Willis, whose legal counsel, Joanne Harrison Clough Esquire, was unable to attend. Grace D'Alo, the Court appointed Guardian Ad Litem, was also unable to attend the conference but contacted the conciliator earlier in the day by telephone to provide her observations and recommendations on behalf of the Children. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire - Custody Conciliator 1 2012 AUTHORITY TO PAY COURT APPOINTED COUNSEL 1. COURT 2. VOUCHER N_ 1 4 5 4 7 ? District Justice ? Common Pleas ? Appellate ? Other , 3. FOR (D.J., C.P., APPELLATE) 4. AT (CITY/STATE) 5. B DGET CODE 4U ) •= - dc 6. IN THE ASE OF 7. CHARGE/OFFENSE (PURDON CITATION) 8. ? PETTY OFFENSE ONY ? MISDEMEANOR F `` vs l? EL O 9. PROCEEDINGS (Describe briefly) 11. PERSON REPRESENTED 12. CIVIL DOCKET NO. C( ` 1 _ 6 _ / ? "'S ? 1 ? Defendant -Adult + 2 ? J J V 7 \ 2 O Defendant-Juvenile . 3 ? Appellant 13. CRIMINAL DOCKET NO. 4 ? Appellee 5 ? Habeas Petitioner 6 ? Material Witness 7 ? Parolee Charged With Violation APPEALS DOCKET NO. 14 10. PERSON REPRESENTED (Full Name) 9 ? Probationer Charged With Violation . C? W C ? I ? ?S M 9 ? Other. L ?r?s ? ? GM n? Apot Date 1 q l 16. NAME OF ATTORNEY/PAYEE AND MAILING ADDRESS J ' 11 cvc e ? G Y e-r I NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE 7. TELEPHONE No. 1 18. SOCIAL SECURITY NO EINNO 4v- :-7 (o L4 1 9 -7 - ?.? 03 CLAIM FOR SERVICES OR EXPENSES t9 SERVICE HOURS DATES AMOUNTS CLAIMED , a. Arraignment and/or Pies Multiply rate per hour times total hours to obtain "In Court" com- b. Preliminary Hearing pensatign) Eni jotal Wow. c. Motions and Requests rZ, ?- d. Sail Hearings "r t*• =... -. rri O I s. Sentence Hearings a .. U I. Trial ? C/) CD g. Revocation Hearings h. Juvenile Hearings I. Appeals Court 19 L OU COMP. N Other (Specify on additional sheets) C TOTAL HOURS s L X $55 PER HOUR 20. a Interviews and conferences Multiply rate per hour times total hours Enter total "Out of Court" b Obtaining and reviewing records . compensation below. O M c. Legal research and brief writing ? O d. Investigative and other work (Specify on additional sheets) 20A. TOTAL OUT OF COURT 00 COMP. TOTAL HOURS X $45 PER HOUR f 3 $ 21. ITEMIZATION OF REIMBURSABLE EX PENSES AMT. PER ITEM Miles $ per mile x w Please contact Court Administrator for current mileage rate = 21 A. TOTAL ITEMIZED EXP. O :_ 22. CERTIFICATION OF ATTORNEY/PAYEE 1 Has compensation and/or reimbursement for work in this case previously been applied for? ? YES 113.NO 23. GRAND TOTAL CLAIMED - S l 03 1 . S0 ? If yes, were you paid? ? YES ? NO If yes, by whom were you paid? How much? 24. DEDUCT. PRIOR PYMTS. Has the person represented paid any money to you, or to your know!" a anyone else, In connection with the matter for as $ set additiona If ys give details on n n? ? YES VINO id r r s i t d t l n o prov e ep e e e which you were appo , 1 ? ('111 `Un 1 - I swear or affirm the truth or correctness t CL L 10. -( 25: NET AMOUNT CLAIMED of the above statements ,\v\ slgnature homey/Payee ate _$ 10 11. 50 26.Ar•PnuvtD Signature of 1 V 27. AMT. APPROVED v PAYMENT n -1 00810. Judge ? (,+ : - L^ $ V t.4 y I - Mail to Court Administrator at completion of service Cop