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HomeMy WebLinkAbout08-3607ANDY L. WEISER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 6 f - 34 d 7 C,c.?;J -Te,, ANGELA WEISER, CIVIL ACTION - CHILD CUSTODY Defendant COMPLAINT IN CUSTODY 1. Plaintiff is Andy L. Weiser, an adult individual residing at 427 Parkhills Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant is Angela Weiser, an adult individual residing at 22 Sunset Drive, Mechanicsburg, Pennsylvania 17050. 3. The parties are the natural parents of the following minor children: Colton Weiser, born October 19, 2003 and Virginia Weiser, born May 10, 2006 (hereinafter, "the children"). 4. The children were not born out of wedlock. 5. The children are presently in the custody of Defendant, who resides at 22 Sunset Drive, Mechanicsburg, Pennsylvania 17050.. 6. During the past five years, the children have resided with the following persons and at the following addresses: Names Addresses Dates Andy L. Weiser & Angela Weiser Angela Weiser Dennis Myers, Sr. Tammy Myers 7073 Carlisle Pike Lot 147, Carlisle, PA 17013 22 Sunset Drive Mechanicsburg, PA 17050 10/19/03 - 6/6/08 6/6/08 - present 7. The mother of the children is Defendant Angela Weiser, residing with the children at 22 Sunset Drive, Mechanicsburg, Pennsylvania 17050. She is married. 8. The father of the children is Plaintiff Andy L. Weiser, who resides at 427 Parkhills Drive, Mechanicsburg, Pennsylvania 17055. He is married. 9. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Name Amy Wellner Dan Wellner Grace Wellner Dakota Wellner Relationship Sister Brother-in-Law Niece Nephew 10. The relationship of the Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Relationship Dennis Myers, Sr. Step-Father Tammy Myers Mother Colton Weiser Son Virginia Weiser Daughter 11. 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 another court. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. 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. 15. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) the Defendant mother does not have a job or the economic resources to adequately care for the children; b) the children are not being adequately cared for under the present arrangement; c) the emotional, physical and/or spiritual development of the children will be enhanced by granting primary physical custody of the children to Plaintiff. WHEREFORE, Plaintiff requests that the Court grant to him primary physical and legal custody of the children, Colton and Virginia Weiser.. Respectfully submitted, W. Johrf M. Kerr, Esquire Attorney I. D. # 26414 Law Office of John M. Kerr, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, Andy L. Weiser Dated: June 17, 2008 VERIFICATION The undersigned, Andy L. Weiser, hereby states that he is the Plaintiff in the foregoing custody action and, as such, is authorized to execute this Verification and that any factual statements contained in the preceding Complaint For Custody are true to the best of his knowledge, information and belief. He understands that any false statements are subject to the penalties prescribed at 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ?'VA . A y L. Weiser ANDY L. WEISER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ANGELA WEISER, CIVIL ACTION - CHILD CUSTODY Defendant CERTIFICATE OF SERVICE The undersigned hereby states that he has served a copy of the foregoing, "Complaint In Custody," on the below-named individual in the manned indicated. VIA CERTIFIED and FIRST CLASS MAIL, POSTAGE PREPAID Angela Weiser 22 Sunset Drive Mechanicsburg, PA 17050 4? Yd. Joh M. Ken-, Esquire Attorney I. D. # 26414 Law Office of John M. Kerr, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, Andy L. Weiser Dated: June 17, 2008 ' f . U^ ? '? 19 t '^?' Y ANDY L. WEISER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-3607 CIVIL ACTION LAW ANGELA WEISER IN CUSTODY DEFENDANT 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 John J. Mangan, Jr., Esq. , the conciliator, at_ 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 30, 2008 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john .Man an r. 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 £Z°.09 N!l7: r fr, ?Z C „ i<1 ou 0 if 4. ANDY L. WEISER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-3607 CIVIL TERM ANGELA WEISER, : IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Angela Weiser, in the above captioned case. Respectfully submitted, AJesc Holst, Esquire NViidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: 1, 10, Occ ANDY L. WEISER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-3607 CIVIL TERM ANGELA WEISER, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Hoist, Esquire, of MidPenn Legal Services, attorney for the Defendant, Angela Weiser, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postaie Pre-Paid John M. Kerr, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Date: I - ?O ?Q'?6 es AcaHolst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 ra ?? 1 - n tta ? ?? G C%3 AUG 0 4 2008 0 ANDY L. WEISER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-3607 CIVIL ACTION LAW ANGELA WEISER, IN CUSTODY Defendant ORDER OF COURT AND NOW this V` day of August 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Andy Weiser, and the Mother, Angela Weiser, shall have shared legal custody of Colton Weiser, born 10/19/2003 and Virginia Weiser, born 05/10/2006. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing 08/09/2008, Father shall have physical custody of the Children three weekends in a row, from noon on Saturday until Monday at 5:00 pm. b. Commencing 08/05/08, Father shall have physical custody every Tuesday from 1:00 pm until Wednesday 1:00 pm. C. It is understood that once the Child/ren begin school, Father shall ensure that the Child/ren are delivered to school on Monday morning and that for the Tuesday period, Father's custody shall begin after school on Tuesday until Wednesday when the Child/ren begin school. d. The regular physical custody exchanges shall occur at the Burger King in Lemoyne absent mutual agreement otherwise. It is specifically understood that once the Child/ren begin school, the custodial parent shall ensure that the Child/ren are delivered to school on time. e. For the holiday exchanges, the non-custodial parent shall pick the Children up at the custodial parent's residence. f. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 3. Counseling: The parties have agreed that if it is economically feasible, both parents shall engage in co-parenting counseling with a mutually agreed upon professional. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. The parties shall return missed calls within a reasonable period of time (within two hours). OL, A 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. The holiday schedule shall supersede the custody arrangement in paragraph 2 of this Order. 6. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. Relocation: The parties have negotiated the custody portions of this Order based upon the agreement of the jurisdiction of the Court of Common Pleas of Cumberland County. If either party intends to move a significant distance (i.e. approximately fifty miles) of their current residences, he or she must give to the other parent at least sixty (60) 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 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. 12. This Order is entered pursuant to a Custody Conciliation Conference. the provisions of this Order by mutual consent. In the absence f this Order shall control. By : ou:lv/z The parties may modify MLeasent. the terms of ,-,? .. ---' ;::` C ?= ? - ? ? + . .??: 4 ? ? ? _ ?_ ?... ; Distribution: _;tssica Hoist, Esquire ,,. ohn Kerr, Esquire ,,,Xohn J. Mangan, Esquire s HOLIDAYS AND SPECIAL DAYS TOMES ODD YEARS EVEN YEARS Easter From 9 am until 9 m Father Mother Memorial Da From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving From 9 am until 9 m Mother Father Christmas 1 S Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January l st (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father Birthday A Actual Birth day Father Mather Birthday B The Saturday after the Birthday 12:00 m until 6:00 m Mother Father ANDY L. WEISER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-3607 CIVIL ACTION LAW ANGELA WEISER, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Colton Weiser 10/19/2003 Primary Mother Virginia Weiser 05/10/2006 Primary Mother 2. A Conciliation Conference was held with regard to this matter on July 30, 2008 with the following individuals in attendance: The Mother, Angela Weiser, with her counsel, Jessica Holst, Esq. The Father, Andy Weiser, with his counsel, John Kerr, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John gan, Esquir Cus dy onciliator B. From the entry of the Order in August 2008 until approximately May 2014, Father exercised his periods of physical custody at his own home. His current home is located at 51 Monarch Drive, Carlisle, PA 17013. C. Beginning in or about May 2014, although Father continued to have his own home, Father began living with Erica Dicks at her home. Erica has two children, Glenn age 13 and Tiara age 7. D. Father works nights and under the current custody arrangement, the children have spent part of the periods of partial physical custody alone with Erica Dicks and her children in her residence. E. The children have not done well when Erica is involved in the periods of partial custody. The children have come home crying from such visitations. The problems include the following: (1) Ms. Dicks yells at the children in their face; (2) Ms. Dicks takes control and prevents the children from talking privately to their Father without first asking Ms. Dicks about whether she will allow it; (3) Ms. Dicks directs the children to be quiet and too often requires them to stay in their room and in their bed; (4) As a result of Ms. Dicks' influence, Ms. Dicks and Father have told the children on at least one occasion they could not tell their Mother about an important and serious event that occurred as discussed below or they would be grounded; (5) Ms. Dicks has been drunk on at least one occasion while left in charge of the children and on that occasion endangered the children. Similar incidents may occur in the future. -2- F On Friday, September 26, 2014, the children were in Father's custody. Father went to work in the evening. Ms. Dicks was left in charge of the children. She had been drinking at another location in the neighborhood. She returned home drunk. Virginia and Tiara were in bed. Cotten and Glenn were awake and playing video games. Ms. Dicks instructed Colten and Glenn to get in the car. Her intent was to leave the two girls alone at home and travel with the two boys in the car while she was intoxicated. Glenn called Father. Father instructed Glenn and Colten to take the keys away from Ms. Dicks. Glenn wrestled Ms. Dicks (his mother) to the ground and asked Colten to take the keys from her. In the process, Ms. Dicks kicked and swung her fist toward Colten placing him in fear of injury. Following the incident, Father and Ms. Dicks instructed the children not to say anything about this incident or they would be grounded. Notwithstanding that instruction, Colten, when he returned from the custody on Sunday night, stayed up late and told Mother about the incident which horrified her. G. Additionally, the parties have not been following the schedule set forth in the attached Order. The Order should otherwise be modified to reflect a revised schedule that will be in the best interest of the children and limit Ms. Dicks' contact with the children. -3- WHEREFORE, Petitioner requests the Court to modify the existing Order because it will be in the best interest of the children. DELANO MNTZ & ASSOCIATES Dated: October 10, 2014 By: Delano M. Lantz I.D. No. 21401 4 North Hanover Street Carlisle, PA 17013 717-422-5874 717-422-5879 (fax) -4- VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Angela Weis Dated: October 10, 2014 t. From: ANDY L. WEISER, Plaintiff v. 09/29/2014 11:51 AUG 0 4 2008. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA #843 P.004/007 No. 08-3607 CIVIL ACTION LAW ANGELA WEISER, IN CUSTODY Defendant ORDER QF COURT AND NOW this b{7' day of August 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Andy Weiser, and the Mother, Angola Weiser, shall have shared legal custody of Colton Weiser, bom 10/19/2003 and Virginia Weiser, born 05/10/2006. The parties ahAll have an equal right to make all major non -emergency decisions affecting the Children's general well-being including, but not limited to, all decisions rdgarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children add of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing 08/09/2008, Father shall have physical custody of the Children three weekends in a row, from noon on Saturday until Monday at 5:00 pm, b. Commencing 08/05/08, Father shall have physical custody every Tuesday from 1:00 pm until Wednesday 1:00 pm. c. It is understood that once the Child/ren begin school, Father shall ensure that the Child/ren are delivered to school on Monday morning and that for the Tuesday period, Father's custody shall begin after school on Tuesday until Wednesday when the Child/ren begin school. d. The regular physical custody exchanges shall occur at the Burger King in Lemoyne absent mutual agreement otherwise. It is specifically understood that once the Child/ren begin school, the custodial parent shall ensure that the Children are delivered to school on time. e. For the holiday exchanges, the non-custodial parent shall pick the Children up at the custodial parent's residence. f. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 3. Counseling: The parties have agreed that if it is economically feasible, both parents shall engage in co -parenting counseling with a mutually agreed upon professional. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. The parties shall return missed calls within a reasonable period of time (within two hours). From: 09/29/2014 11:52 #843 P.005/007 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. The holiday schedule 0h41 supersede the custody arrangement in paragraph 2 of this Order. 6. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use non -prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. Relocation: The parties have negotiated the custody portions of this Order based upon the agreement of the jurisdiction of the Court of Common Pleas of Cumberland County. If either party intends to move a significant distance (Le. approximately fifty miles) of their current residences, he or she must give to the other parent at least sixty (60) 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 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. 12. This Order is entered pursuant to a Custody Conciliation Conference. the provisions of this Order by mutual consent. In the absence o is Order shall control. e parties may modify , the terms of 1 From: 09/29/2014 11:53 #843 P.006/007 HOLIDAYS AND SPECIAL DAYS TIM S ODD YEARS EVEN YEARS Easter . From 9 am until 9 pm From 9 am until 9 pm Father Mother Mother Father Memorial Day Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving From 9 am until 9 pm Mother Father Christmas 1 Half From noon on 12/24 to noon on 12/25 J Father Mother Christmas 2' Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1" (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 pm Father Father Birthday A Actual Birth day Father Mother Birthday B The Saturday after the Birthday 12:00 pm until 6:00 pm Mother Father From: 09/29/2014 11:53 #843 P.007/007 ANDY L, WEISER, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA v. No. 08-3607 CIVIL ACTION LAW ANGELA WEISER, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Colton Weiser 10/19/2003 Primary Mother Virginia Weiser 05/10/2006 Primary Mother 2. A Conciliation Conference was held with regard to this matter on July 30, 2008. with the following individuals in attendance: The Mother, Angela Weiser, with her counsel, Jessica Hoist, Esq. The Father, Andy Weiser, with his counsel, John Kerr, Esq. 1 The parties agreed to the entry of an Order in the form as attached. 0/QV. Date Jahn an, Cu dy onciliator CERTIFICATE OF SERVICE On this date I caused a copy of the foregoing to be served on the individual listed below by first-class U.S. mail: Date: October 10, 2014 Andy L. Weiser 51 Monarch Drive Carlisle, PA 17013 DELANO M. LANTZ & ASSOCIATES By: Delano M. Lantz, Esquire Identification No. 21401 4 North Hanover Street Carlisle, PA 17013 717-422-5874 717-422-5879 (fax) ANDY L. WEISER, v. ANGELA WEISER, Plaintiff Defendant i EPROT ONO T;,P' 7014 OCT 10 Pl1 1: 0 CUMBERLAND CN A%1 PENNSYLVA , : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-3607 CIVIL ACTION LAW : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Delano M. Lantz, Esquire, as attorney for Defendant, Angela Weiser, in the above matter. DELANO M. LANTZ & ASSO IATES By: Dated: October 112014 De ano M. Lantz I.D. No. 21401 4 North Hanover Street Carlisle, PA 17013 717-422-5874 717-422-5879 (fax) CERTIFICATE OF SERVICE On this date I caused a copy of the foregoing to be served on the individual listed below by first-class U.S. mail: Date: October 10, 2014 Andy L Weiser 51 Monarch Drive Carlisle, PA 17013 DELANO M. LANTZ & ASSOCIATES By: Delano M. Lantz, Esquire Identification No. 21401 4 North Hanover Street Carlisle, PA 17013 717-422-5874 717-422-5879 (fax) ANDY L. WEISER, ANGELA WEISER, Plaintiff Defendant 1#'rv.�'.r'�w�«1 .,>A TYKE- PROTHONO +, ,tz`t 2014 OCT 10 PM 1: 140 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-3607 CIVIL ACTION LAW : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly•allow, Angela Weiser, Defendant, to proceed in forma.pauperis. I; Delano M. Lantz, attorney for the party proceeding in forma pauperis certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. DELANO LANTZ & ASSOCIATES. By: Dated: October/0 2014 Delano M. Lantz I.D. No. 21401 4 North Hanover Street Carlisle, PA 17013 717-422-5874 717-422-.5379 (fax) CERTIFICATE OF SERVICE On this date I caused a copy of the foregoing to be served on the individual listed below by first-class U.S. mail: Andy L. Weiser 51 Monarch Drive Carlisle, PA 17013 Date: October 10, 2014 Delano M. L- ntz A Plaintiff Vs etse. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No_ G'-364 % CIVIH-ER, (-.' C c' -Y1 -0x r '_`, : CIVIL ACTION - LAW zco o r=��,'-` : IN CUSTODY Z "a rn -CD .t' c j ai <O A� =-z; CRIMINAL RECORD / ABUSE HISTORY VERIFICATION z z ,--- 3> = 9? c -<; law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that . household conviction, apply member guilty plea, no contest plea or pending charges i� 18 Pa.C.S. Ch. 25 (relating to criminal homicide) 18 Pa.C.S. §2702 r (relating to aggravated assault) 18 Pa.C.S. §2706 E E` (relating to terroristic threats) r 18 Pa.C.S. §2709.1 Ei (relating to stalking) 18 Pa.C.S. §2901 r (relating to kidnapping) 18 Pa.C.S. §29O2 (relating to unlawful restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) E E 18 Pa.C.S. §2910 ET (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 Ei relating to statutory sexual assault) 18 Pa.C.S. §3123 ET (relating to involuntary deviate sexual intercourse) 1171 18 Pa.C.S. §3124.1 (relating to sexual assault) E 18 Pa.C.S. §3125 Ei (relating to aggravated indecent assault) 18 Pa.C.S. §3126 (relating to indecent assault) 18 Pa.C.S. §3127 (relating to indecent exposure) 18 Pa.C.S. §3129 (relating to sexual intercourse with animals) EJ 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders), 18 Pa.C.S. §3301 7. (relating to arson and related offenses) EJ 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of child) Ei 18 Pa.C.S. §4304 EJ (relating to endangering welfare of children) 18 Pa.C.S. §4305 (relating to dealing in infant children) 18 Pa.C.S. §5902(b) Ei (relating to prostitution and related offenses) r- 18 Pa.C.S. §5903 JT (c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 E. (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) _1 18 Pa.C.S. §6318 7 r--, - (relating to unlawful contact with minor) 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 23 Pa.C.S. §6114 (relating to contempt for violation of Protection order or agreement) Driving under the influence of drugs or alcohol E Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device E 2. Unless indicated by my checking the box next to an item below, neither 1 nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other all that household apply member fl A finding of abuse by a Children & Youth 7, Agency or similar agency in Pennsylvania or similar statute in another iurisdiction 7 Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in Date another jurisdiction I 17 Other: Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child : 5. If you are aware that the other party or members of the party's household has or have a criminal / abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ANDY L. WEISER PLAINTIFF V. ANGELA WEISER DEFENDANT • • IN THE COURT OF COMMON PLEAS OF c-) CUMBERLAND COUNTY, P:ENNSY:LVAA, JL rnw 2008-3607 CIVIL ACTION LAW 2 rtl cry rn IN CUSTODY �G Z C • ORDER OF COURT c.! •C Wd OZ 130 AND NOW, Friday, October 17, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, November 14, 2014 1:30 PM for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ John J. Mangan, Jr., Esq. N 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. a,/�� Cumberland County Bar Association es (ler 32 South Bedford Street c Plf^ Carlisle, Pennsylvania 17013 o �fQa Telephone (717) 249-3166 � U • maayao, erg . /0407 ANDY L. WEISER, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. No. 08-3607 CIVIL ACTION LAW ANGELA WEISER, : IN CUSTODY Defendant Prior Judge: Edgar B. Bayley, Retired P.J. ORDER OF COURT AND NOW this AmPefrf day of November 2014, upon consideration of the at ache Custody Conciliation Report, it is Ordered and Directed as follows: n rn Legal Custody: The Father, Andy Weiser, and the Mother, Angela Weiser, shall have shared legal custody of Colton Weiser, born 10/19/2003 and Virginia Weiser, born 05/10/2006. The parties shall have an equal right to make all major non -emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the Willis of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of the Children every weekend from 11 am on Saturday with Mother dropping off to Father until. Sunday 7 pm with Father dropping off to Mother. It is understood that if there is no school on Monday, Father shall have the option of keeping the Children through Monday. b. The parents have agreed to be flexible and cooperative in regard to each parent's requests for custodial time. The parents shall communicate their requests (specifically in regard to Mother's requests for a weekend) and arrangements shall be made to switch weekends or have additional time.. c. Father shall have physical custody of Colton every Monday from 6:30 pm until 7:30 pm to take Colton to boy scouts. d. When the Children are in their respective parents' care, the custodial parent shall properly supervise the Children and be physically present to care for the Children within reason or to the extent possible. e. In the event that there are any incidents that concern the welfare of the Children, both parents shall promptly notify the other of the concern. f It is solely the responsibility of the parents to determine any punishments/discipline for the Children and not their respective spouses/paramours. g. For the holiday exchanges, the non-custodial parent shall pick the Children up at the custodial parent's residence. h. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 3. Counseling: The parties have agreed to continue to engage in any and all recommended counseling; including, but not limited to counseling for Colton. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. The parties shall return missed calls within a reasonable period of time (within two hours). 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. The holiday schedule shall supersede the custody arrangement in paragraph 2 of this Order. 6. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication; specifically in regard to Father's current paramour. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. elano Lantz, Esquire /Andy Weiser, 58 Monarch Dr., Carlisle, PA 17015 J. Mangan, Es9uct p (Qs' /7614 iq ='" HOLIDAYS AND SPECIAL DAYS TIMES ODD YEARS EVEN YEARS Easter From 9 am until 9 pm Father Mother Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving From 9 am until 9 pm Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2"d Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January lst (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 pm Father Father Birthday A Actual Birth day Father Mother Birthday B The Saturday after the Birthday 12:00 pm until 6:00 pm Mother Father ' ANDY L. WEISER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 08-3607 CIVIL ACTION LAW ANGELA WEISER, IN CUSTODY Defendant Prior Judge: Edgar B. Bayley, Retired P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Colton Weiser 10/19/2003 Primary Mother Virginia Weiser 05/10/2006 Primary Mother 2. A Conciliation Conference was held with regard to this matter on July 30, 2008, an Order issued August 04, 2008 and a conference was held November 14, 2014 with the following individuals in attendance: The Mother, Angela Weiser, with her counsel, Delano Lantz, Esq. The Father, Andy Weiser, self -represented party The parties agreed to the entry of an Order in the form as attached. (77/7 /4/ Date gan, Esquire onciliator