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HomeMy WebLinkAbout04-1040KELLY E. GARMAN, Plaintiff V. TYSON R. WEIDNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0/~ Ir~ qo Civil Term IN CUSTODY PETITION FOR CUSTODY 1. Plaintiff is Kelly E. Garman, who currently resides at: 173 Vine Street, Apt G, Shiremanstown, Cumberland County, Pennsylvania, 17011. 2. Defendant is Tyson R. Weidner, who currently resides in New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Plaintiff seeks custody a order regarding the following child: NAME DOB Ian Matthew Garman 6/20/01 The child was bom out of wedlock. ADDRESS 173 Vine Street Shiremanstown, Pa. 17011 Father and mother currently share legal custody of the child and Mother has primary physical custody of the child. The child has resided with the following persons and at the following addresses: NAME Kelly E. Garman Kelly E. Garman Tyson R. Weidner ADDRESSES 173 Vine St. Apt G Shiremanstown, Pa. 17011 Shiremanstown, Pa. 17011 DATES 1/2/04 - presem birth- 1/2/04 The mother of the child is: Kelly E. Garman, currently living at 173 Vine St,, Apt G, Shiremanstown, Pa. 17011. She is not married. The father of the children is: Tyson R. Weidner, currently residing in New Cumberland, Cumberland County, Pennsylvania, 17070. He is not married. 4. The relationship ofplaintiffto the children is that of MOTHER. The Plaintiff currently resides alone. 5. The relationship of defendant to the children is that of FATHER. The persons that the defendant currently resides with are unknown. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The child's parents have agreed on a custody arrangement that they believe will be in the best interest of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the child and enter their agreement as an Order of Court. Date: Respectfully submitted, me Adams, Esquire D. No. 79465 5 South Pitt Street '~arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint 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, c I$/Gamian, Petitioner KELLY E. GARMAN, Plaintiff TYSON R. WEIDNER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. ~Q a/_ lo ¥ o Civil Term : : IN CUSTODY : STIPULATION AND CUSTODY AGREEMENT This Stipulation Custody Agreement is made this day of 2004, by and between KELLY E. GARMAN, (Hereinafter referred to as "Mother"), of Shiremanstown, Pennsylvania, and TYSON R. WEIDNER, (Hereinafter referred to as "Father"), of New Cumberland, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one minor child, naraely, lan Matthew Garman, date of birth, June 20, 2001; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have thc right to control and share in making of 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 practicable after the receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall 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 this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. 3. Partial Custody. Partial physical custody is the right to take possession of a child away fi.om the custodial parent for a certain period of time. Father shall have partial custody of the child as follows: A. Father shall have periods of partial custody every: Wednesday from 5:30 a.m. through 3:30 p.m. and every Thursday fi.om 5:30 a.m. through 3:30 p.m. B. Father shall be entitled to an additional block of time with the child on: Easter, Thanksgiving, and Christmas. C. Father shall have additional times with the child as the parties mutually agree. D. Nothing in this agreement shall keep the parties fi.om mutually agreeing to additional periods of custody for Father. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with thc parent who is to receive custody at the time of thc exchange to provide for transportation from the residence or location of the other parent. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child or be under thc influence of any alcoholic beverages while transporting the child. 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the present of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. 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 period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child ~vill be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. IHness of the 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 the child shall communicate with the other party by telephone or any other means practicable, 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 possible. The term "serious illness" as used herein shall mean any disability which confines the 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. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Weffare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so 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 sebednie shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. Thc parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement conta'ms the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WIriESt50 ~KELL~0E. OPdLMAN, Mother COMMONWEALTH OF PENNSYLVANIA ) ):SS COUNTY OF CUMBERLAND ) On this, th~ day of ~/2~1~ ~c~4,f~ , 2004, before me, the undersigned officer, personally appeared KELLY E. GARMAN, known to me,~o~ satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged thakl~k/she executed the same for the purposes therein contained. IN WITNESS WHEREOF' I her~?d and -° f//~2 TYSON R. WEIDNER, Father Witness COMMONWEALTH OF PENNSYLVANIA ) ):SS COUNTY OF CUMBERLAND ) On this, the day of ,2004, before me, the undersigned officer, personally appeared TYSON R. WEIDNER known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: SEAL 2004 KELLY E. GARMAN, Plaintiff V. TYSON R. WEIDNER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. O Z/j [,o ¥O Civil Term : : IN CUSTODY ORDER AND NOW, this /g · day of /'~a- c~ ,2004, having reviewed the attached agreement between the parties dated February 20, 2004, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER of Court. CC: ~ane Adams, Esquire, for Mother ,,Tyson R. Weidner, Natural Father KELLY E. GARMAN, Plaintiff TYSON R. WEIDNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. (~)~'4~ [~(~) Civil Term 1N CUSTODY AFFIDAVIT OF SERVICE AND NOW, this March 15, 2004, I, Jane Adams, Esquire, hereby certify that on or about March 13, 2004, a certified true copy of the CUSTODY PETITION AND STIPULATION were served, via certified mail, return receipt requested, addressed to: Tyson Weidner 215 7th St. New Cumberland, Pa. 17070 DEFENDANT / aante Aaams, Esquire ~ ( I.~. No. 79465 '~3~6 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF · Complete items 1.2, and 3. Also complete item 4 if Restricted Delivery is des[md. · Pdnt your name and address on the reverse so that we can return the card to you. · At, ch this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: I 2. Article Number ('rtansfer ~om service labe0 A. Signature X IP',, - r~ Add~s~e D. Is del[venj address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Service Type I~1 Certified Mail [] Express Malt [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. [] Yea 4. Restricted Delivery? (Extra Fee) 7003 1010 0004 7818 7296 PS Form 3811, August 200i Domestic Return Receipt 102595~)2oM-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid usPs Permit No. G-10 · Sender: Please ptJnt your name, ac dr :.s.% and ZIP+4 in this box · ':, 7~3 [ 3+3225 i5 JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams@gmaii.com --------------------------------- KELLEY E. GARMAN, Plaintiff vs. TYSON R. WEIDNER, Defendant AUG ? 3 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04 - 1040 Civil Term CIVIL ACTION - LAW IN CUSTODY r%M r%. AND NOW, this z 4' day of , 2010, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties shall be entered and incorporated into this Order of Court. BY THE COURT: J cc: -/Jane Adams, Esquire, for mother V Tyson R. Weidner, father, self-represented '5 led 1Vj-y//0 ?R N c- . w Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) Fi EQ.-OffICE OF THE R4THONOTARY 2010 NOV 29 AM 9: 40 CUMBERLAND COUNTY PENNSYLVANIA KELLEY E. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. CASE NO. 04-1040 TYSON R. WEIDNER, Defendant : IN CUSTODY • 6 ,!i! Y s r AND NOW, comes Defendant Tyson R. Weidner, by and through his attorney, Sheri D. Coover, Esquire and files the following MOTION TO MODIFY CUSTODY and in support thereof avers as follows: 1. On or around August 24, 2010, the Honorable Judge Hess signed an Order which reflected a stipulation entered by the parties which granted the parties shared legal custody of the minor children, Ian Matthew Garman (DOB 6/20/01) and Mason Meily Weidner (DOB 10/1/08). 2. The Order granted Plaintiff Kelly E. Garman (hereinafter referred to as "Mother") primary physical custody of the minor children and granted Tyson R. Weidner (hereinafter referred to as "Father") periods of partial physical custody as the parties mutually agree. ?a? 41 t1p 3. For a period of time, the parties agreed for Father to exercise periods of custody of the children on alternating weekends. 4. Mother has refused to allow Father visitation with the children since November 5, 2010. 5. Mother has expressed concerns regarding Father's living situations and whether Father has a suitable area for the children to sleep. Father has recently moved back to his parents' home where the children each have their own rooms. 6. Father also has concerns that Mother's boyfriend is not an appropriate caregiver for the children and the children are left in the boyfriend's care when Mother is not available instead of affording Father the opportunity to spend time with the children instead. 7. Father believes that the children are not safe to be alone with Mother's boyfriend because the boyfriend has threatened suicide on a number of occasions, which has necessitated the need for intervention by the Cumberland County Sheriffs Department and the North Middleton Police Department. 8. Father requests that the current Order be changed to grant him specified dates of custody and modify the current Order to provide that the non-custodial parent be afforded the opportunity to exercise custody of the children if the custodial parent is not available for a period of four hours or more. WHEREFORE, Father requests that the current Order be modified to grant him specified dates of custody and to provide that the non-custodial parent be afforded the opportunity to exercise custody of the children if the custodial parent is not available for a period of four hours or more. Ily submitted, Coover, Esquire ill) 93285 44 S. Hanover Street Carlisle, PA 17013 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) KELLEY E. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. TYSON R. WEIDNER, : CASE NO. 04-1040 Defendant : IN CUSTODY VERIFICATION I, Tyson R. Weidner, hereby verify that I have read the statements contained in the foregoing MOTION TO MODIFY CUSTODY and hereby certify that the facts contained therein are true and correct to the best of my knowledge, information and belief. I understand that I can be subject to the penalties of perjury under Pennsylvania and federal law both civilly and criminally for any false statements contained therein. Tyson R. Weidner wayllo Date Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) KELLEY E. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 04-1040 TYSON R. WEIDNER, . Defendant : IN CUSTODY CERTIFICATE OF SERVICE 1, Sheri D. Coover, Esquire hereby certify that on this 29`h day of November, 2010, I caused the foregoing MOTION TO MODIFY CUSTODY to be served upon counsel for the Plaintiff/Respondent Via United States First class mail addressed as follows: Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 Ily submitted, SWri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 AUG 2 3 2010 JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadains®gmaii.com KELLEY E. GARMAN, Plaintiff vs. TYSON R. WEIDNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04 - 1040 Civil Term CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this 0 V q4' day of aywd-l , 2010, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties shall be entered and incorporated into this Order of Court. BY THE COURT: J. cc: Jane Adams, Esquire, for mother Tyson R. Weidner, father, self-represented TRUE COPY FROM RECORD b Tee rrony whereof, I here unto set my hoW OW 10 ad of said Court at Ctdiale, Pa. 't?rs.r?.,a? dPwftnWq JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams@gmail.com KELLY E. GARMAN, IN THE COURT OF COMMON PLEAS, Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. Civil Term. TYSON R. WEIDNER, : CIVIL ACTION - LAW Defendant : IN CUSTODY CUSTODY STIPULATION WHEREAS, the parties are the natural parents of two children, namely, Ian Matthew Garman, born June 20, 2001, (age 9) and Mason Meily Weidner, born October 1, 2008, (age 1), and; WHEREAS, Mother and Father have reached an agreement relative to the future care and custody of their children, the terms of which agreement both parties desire to set forth in the present Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. The parties agree as follows: 1. Legal Custody. The Father, Tyson R. Weidner, and the Mother, Kelly E. Garman, now known as Kelly E. Weidner, shall have shared legal custody of their children, Ian Matthew Garman, born June 20, 2001 and Mason Meily Weidner, born October 1, 2008. The parties shall have an equal right to make all major non- emergency decisions affecting their children's general well-being, including, but not limited to, all decisions regarding health, education, and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child, including, but not limited to, medical, dental, religious, or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody of the children. Father shall have liberal periods of partial physical custody, with the children, as the parties agree. 3. Transportation. The parties shall share transportation for all exchanges. 4. Holidays: The parties shall alternate holidays with the children, as agreed. Mother works every other holiday. Father shall have a period of time with the children when Mother works. Mother shall always have the children on Mother's Day and Father shall always have the children on Father's Day. 5. Disparaging Comments. 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 and 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. 6. Medical Emergencies. In the event of a medical emergency, the party with physical custody at the time shall make any emergency decisions, and shall promptly notify the other party as soon as practicable after the emergency is handled. z 7. Travel outside of Commonwealth. In the event that either party intends on taking the child outside of Pennsylvania, Mother and Father agree to provide advance notice, a basic itinerary, and to provide a telephone number where the Child can be reached, if possible. 8. Stipulation. This Stipulation is entered pursuant to an agreement of the parties. The parties agree that this stipulation may be incorporated as an Order of Court and may be enforceable as an Order of Court. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this agreement and Order shall control. WITNESSETH: Witness Witness 'Kelly . Weidner, Mother f/k/a Kelly E. Garman. Date: 411'% )10 Date: C.11 I C1 l W Lip, Tyson R. Weidner, Father KELLEY E. GARMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA C) V. 2004-1040 CIVIL ACTION LAW °- ..-4 TYSON R. WEIDNER IN CUSTODY ter' + DEFENDANT -< y? to c c j ORDER OF COURT T- /.l AND NOW, Wednesday, December 01, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 21, 2010 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 K JAN 0 5 2011 KELLEY E. GARMAN, Plaintiff V. TYSON R. WEIDNER, Defendant . : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-1040 : IN CUSTODY ORDER OF COURT AND NOW, this ` da of Y , 2011, upon -?: consideration of the attached Custody Conciliati n Report, it is ordered and directed as follows: The prior Order of Court dated August 24, 2010 is hereby vacated. P_) CM rn N 2. The Father, Tyson R. Weidner and the Mother, Kelley E. Garman, shall have shared legal custody of Ian Matthew Garman, born June 20, 2001 and Mason Meily Weidner, born October 1, 2008. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding 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 child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: CIVIL ACTION - LAW M =m C-) Fri _or- ca r A. Beginning February 4, 2011, alternating weekends from Friday at 4:00 p.m. to Sunday at 7:00 p.m. In the event that a Monday holiday coincides with Father's weekend, his physical custody shall extend to Monday at 7:00 p.m. B. Alternating and on the off Monday from Father's weekend from 4:00 p.m. 8:00 p.m. C. Such other times as agreed by the parties. 5. HolidaysNacation: A. Thanksgiving shall be shared such that Father shall always have physical custody from 3:00 p.m. to 8:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from 12:00 noon Christmas Day to 12:00 noon December 26. Mother shall have physical custody of the children for Block A in odd numbered years and Block B in even numbered years. Father shall physical custody of the children for Block A in even numbered years and Block B in odd numbered years. C. Father shall have physical custody of the children on the children's birthdays in odd numbered years and Mother shall have physical custody of the children on the children's birthdays in even numbered years. D. Mother shall have physical custody of the children on Mother's Day and Father shall have physical custody of the children on Father's Day. E. Each party shall have two non-consecutive weeks in the summer, to coincide with their weekend periods, provided they give the other parent 30-days prior notice along with a location and telephone number where the children can be reached. 6. Transportation shall be shared such that the receiving party shall transport. 7. In the event that either party is in need of a babysitter for more than three hours, they shall contact the other party and offer said time to the non-custodial parent. 8. Neither party may say or do anything nor permit a third party from doing or saying 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 and 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 party with physical custody at the time shall make any emergency decisions, and shall promptly notify the other party as soon as practicable after the emergency is handled. 10. In the event that either party intends on taking the children outside of the Commonwealth of Pennsylvania, Mother and Father shall provide advance notice, a basic itinerary, and a telephone number where the children can be reached, if possible. 11. 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, Kevin A. cc: heri D. Coover, Esquire, Counsel for Father "Jane Adams, Esquire, Counsel for Mother P.J. 18'?rr I KELLEY E. GARMAN, Plaintiff V. TYSON R. WEIDNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-1040 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.J. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ian Matthew Garman June 20, 2001 Mother Mason Meily Weidner October 1, 2008 Mother 2. A Conciliation Conference was held in this matter on January 4, 2011, with the following in attendance: The Father, Tyson R. Weidner, with his counsel, Sheri D. Coover, Esquire, and the Mother, Kelley E. Garman, with her counsel, Jane Adams, Esquire. 3. The Honorable Kevin A. Hess, P.J., previously entered an Order of Court dated August 24, 2010 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody as agreed. 4. The parties agreed to an Order in the form as attached. Date: / acq line M. Verney, Esquire Custody Conciliator KELLEY E. GARMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-1040 CIVIL ACTION LAW L, --? WEIDNER TYSON R . .a IN CUSTODY v DEFENDANT < . , -a - ORDER OF COURT s_ ; cn AND NOW, Friday, June 17, 2011 , upon consideration of the attached Compla int, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 27, 2011 at 9:30 AM --- --_...-.-_...._..... ---.. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ jacqueline M. Verney, Esq._ 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 ?CP'4 rod alR?/? J foal .fir, r/C°o rn a - li?r? co o`? a?cB KELLEY E. GARMAN, : IN THE COURT OF COMMON PLEAS OF _ Plaintiff : CUMBERLAND COUNTY, PENNSYLIP-NU e s era V : NO. 2004-1040 CIVIL ACTION -Tit ' -r ? . v r M 7 0 N - TYSON R. WEIDNER, r-? ?° Defendant : IN CUSTODY _ -? ?c rv ?s ORDER OF COURT w AND NOW, this Z 4 day of 2011, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of Court dated January 6, 2011 shall remain in full force and effect with the following modifications: 2. Father hereby withdraws his Petition for Contempt. children: Father shall have the following periods of partial physical custody of the A. During the school year, alternating weekends from Friday after school to Tuesday at 3:30 p.m. and on the off Monday, from Monday at 4:00 p.m. to Tuesday at 3:30 p.m. B. During the summer, week on/week off. The exchange day and time shall be Monday at 4:00 p.m. 4. The exchange time for Christmas shall be 3:00 p.m. Any guests to Mother's home shall not sleep in the children's rooms. 6. 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, Kevin A. Ass. P.J. cc Sheri D. Coover, Esquire, Counsel for ather Jane Adams, Esquire, Counsel for M her q?aI b? KELLEY E. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-1040 CIVIL ACTION - LAW TYSON R. WEIDNER, Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.J. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ian Matthew Garman June 20, 2001 Mother Mason Meily Weidner October 1, 2008 Mother 2. A Conciliation Conference was held in this matter on August 30, 2011, with the following in attendance: The Father, Tyson R. Weidner, with his counsel, Sheri D. Coover, Esquire, and the Mother, Kelley E. Garman, with her counsel, Jane Adams, Esquire. 3. The Honorable Kevin A. Hess, P.J., previously entered an Order of Court dated January 6, 2011 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody on alternating weekends and the off Monday after school. 4. The parties agreed to an Order in the form as attached. Date: ? a eline M. Verney, Esquire Custody Conciliator r `t 3,?E KELLY E. WEIDNER, : IN THE COURT OF COMMON PLEAS OF (formerly Kelly E. Garman) : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : Civil Action- Law No. 2004-1040 TYSON R. WEIDNER, Defendant IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Kelly Weidner by and through her counsel, Michael J. Whare, Esquire and in support of her Petition to Modify Custody avers as follows: 1. Petitioner is Kelly Weidner, an adult individual residing at 411 Willow Grove Road, Carlisle, Cumberland County Pennsylvania 17013. 2. Respondent is Tyson Weidner, an adult individual residing at 715 North West Street, Apartment 2, Cumberland County, Pennsylvania. 3. Petitioner is the mother of Ian Matthew Garman, born June 20, 2001 and Mason Meily Weidner, born October 1, 2008. 4. The Respondent is the father of the children. 5. On January 6, 2011, the Honorable Kevin A. Hess entered a Custody Order in the above captioned case, which vacated the prior Order of Court dated August 24, 2010. On 93. 00 PC/ ? ? 73W 7 September 2, 2011, the Honorable Kevin A. Hess entered an Order of Court modifying the January 6, 2011 Order of Court. (Attached as Exhibit A) 6. Since the entry of said Order, there has been a significant change in circumstances in that: a) Father's work schedule has changed and he is no longer available to have custody of the children on Friday evenings. b) Mother has concerns with how the children are being treated while in father's custody because the children crying and throwing tantrums whenever they have to go see their father. 7. The best interest of the child willren be served by the Court modifying said Order to provide mother with primary physical custody and father with periods of partial custody that coincide with his days off of work. WHEREFORE, Petitioner respectfully requests this Honorable Court grant her Petition to Modify Custody. Respectfully submitted, Date: q-''woZ je??a AA. Michael J. Whare, squire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Petitioner KELLY E. WEIDNER, : IN THE COURT OF COMMON PLEAS OF (formerly Kelly E. Garman) : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : Civil Action- Law : No. 2004-1040 TYSON R. WEIDNER, Defendant : IN CUSTODY VERIFICATION I verify that the statements made in this Petition 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. Date: 112 L?'Aly . Weidner, Petitioner KELLEY E'. GARMAN, Plaintiff V. TYSON R. WE, IDNER, Defen4lant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-1040 IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this - add day of r , 2011, upon consideration of the attached Custody Co.aciliation Report, it is ordered and directed as fullows: 1. The prior Order of Court dated January 6, 2011 shall remain in fitll force and effect with the following modifications: 2. Father hereby withdraws his Petition. for Contempt. 3. Father shall have the following periods of partial physical custody of the children: A. During the school year, alternating weekends from Friday after school to Tuesday at 3:30 p.m. and on the off Monday, from Monday at 4:00 p.m. to Tuesday at 3:30 p.m. B. During the summer, week on/week off. The exchange day and time shall be IvIonday at 4:00 p.m. 4. The exchange time for Christmas shall be 3:00 p.m. 5. Any guests to Mother's home shall not sleep in the children's rooms. 6. This Order is entered pursuant to auz 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, I<?eAil A. Hess -P.J. cc: Sheri D. Coover, Esquire, Counsel for Father Jane Adams, Esquire, Counsel for Mother EA ? ,? ? 4- "A" TRUE COPY FROM RECORD In Testimony whereof, l here unto set my hand and the tsaal of said Court sd Cad" N6 (C.'1? P Pnoutawte?r KELLEY E. GARMAN, Plaintiff V. TYSON R. WEIDNER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1040 CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this _L day of , 2011, upon consideration of the attached Custody Conciliation Report, it isordered and directed as follows: The prior Order of Court dated August 24, 2010 is hereby vacated. 2. The Father, Tyson R. Weidner and the Mother, Kelley E. Garman, shall have shared legal custody of Ian Matthew Garman, born June 20, 2001 and Mason Meily Weidner, born October 1, 2008. Each parent shall have an, equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding 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 child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to dhe minor child. Each parent shall be entitled to full and complete information frorn any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: A. Beginning February 4, 2011, alternating weekends from Friday at 4:00 p.m. to Sunday at 7:00 p.m. In the event that a Monday holiday coincides with Father's weekend, his physical custody shall extend to Monday at 7:00 p.m. B. Alternating and on the off Monday from Father's weekend from 4:00 p.m. 8:00 p.m. C. Such other times as agreed by the parties. 5. HolidaysNacation: A. Thanksgiving shall be shared such that Father shall always have physical custody from 3:00 p.m. to 8:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from 12:00 noon Christmas Day to 12:00 noon December 26. Mother shall have physical custody of the children for Block A in odd numbered years and Block B in even numbered years. Father shall physical custody of the children for Block A in even numbered years and Block B in odd numbered years. C. Father shall have physical custody of the children on the children's birthdays in odd numbered years and Mother shall have physical custody of the children on the children's birthdays in even numbered years. D. Mother shall have physical custody of the children on Mother's Day and Father shall have physical custody of the children on Father's Day. E. Each party shall have two non-consecutive weeks in the summer, to coincide with their weekend periods, provided they give the other parent 30-days prior notice along with a location and telephone number where the children can be reached. 6. Transportation shall be shared such that the receiving party shall transport. 7. In the event that either party is in need of a babysitter for more than three hours, they shall contact the other party and offer said time to the non-custodial parent. 8. Neither party may say or do anything nor permit a third party from doing or saying 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 and 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 party with physical custody at the time shall make any emergency decisions, and shall promptly notify the other party as soon.as practicable after the emergency is handled. 10. In the event that either party intends on taking the children outside of the Commonwealth of Pennsylvania, Mother and Father shall provide advance notice, a basic itinerary, and a telephone number where the children can be reached, if possible. 11. 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, s K vin A. Hess, P.J. cc:; Sheri D. Coover, Esquire, Counsel for Father Jane Adams, Esquire, Counsel for Mother TRUE COPY FROM RECORD in Testimony whereat I here unto set my hand and the ae?l of said at Carlisle, Pa. a- 20.11_ I . Prothonotary KELLY E. WEIDNER, : IN THE COURT OF COMMON PLEAS OF (formerly Kelly E. Garman) : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : Civil Action- Law No. 2004-1040 TYSON R. WEIDNER, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Petitioner, do hereby certify that I this day mailed a copy of the within Petition to Modify Custody upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Johanna H. Rehkamp, Esquire Turner & O'Connell 4701 N. Front Street Harrisburg, PA 17110 Dated: Ae-t-14 Michael J. Whar , Esquire Attorney for Petitioner KELLY E. WEIDNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA w rm:' ' F, " 2004-1040 CIVIL ACTION LAW ?-' c.? TYSON R. WEIDNER ` - mm IN CUSTODY r:) DEFENDANT - ORDER OF COURT AND NOW, Friday, April 13, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Office, 1901 State St., Camp Hill, PA 17011 on Friday, May 18, 2012 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/ Melissa P. Gree Esq.,IMC 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 • C?ir? Hof Y '0 94vol ip COP y "'37a 11190t ?zo ?9f . Ccf y i I berl 7?> 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?f- uJ`Jar? C"eevy - e0rellIgIv - KELLY E. WEIDNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA c C C= } V. DOCKET NO.: 2004-1040 xrn Me- TYSON R. WEIDNER, IN CUSTODY Defendant )> 3 `' ?" -fi t1J ._:,' .-: . r TO THE PROTHONOTARY OF SAID COURT: `a ; Please withdraw my appearance on behalf of the Defendant, Tyson R. Weidner, in the above-captioned matter. Respectfully submitted, DATE C ` 1 1 '--- To anna H. Rehkamp, Esquire T er & O'Connell 4 1 North Front Street PA 17110 (717) 232-4551 Attorney ID# 206589 Please enter my appearance on behalf of the Defendant, Tyson R. Weidner, in the above- captioned matter. Respectfully submitted, ABom & KUTULA"S, L.L.P. DATE 1b ? &? t?_ Michelle L. Somme , Esquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney ID # 93034 KELLY E. WEIDNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. TYSON R. WEIDNER, Defendant ORDER OF COURT NO. 2004-1040 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NOW, this .2,P" day of qo.,. , 2012, upon consideration of the attached Custody Conciliation Summary Report, it is he eby ordered and directed as follows: 1. All prior Orders of this Court are hereby vacated and replaced with the Order which follows. 2. Mother, Kelly E. Weidner, and the Father, Tyson E. Weidner, shall have shared custody of the minor children, Ian Matthew Garman, born June 20, 2001, and Mason Meily Weidner, born October 1, 2008. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. §5336, 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. 3. The parties shall share physical custody as follows: A. Mother shall have custody from June 18, 2012, at 4:00 p.m. until June 25, 2012, at 4:00 p.m. B. Effective June 25, 2012, the parties shall have a 2/2/3 custodial schedule, commencing with Father having custody on Monday and Tuesday, followed by Mother having custody on Wednesday and Thursday. Father's first alternating weekend will commence at 4:00 p.m. on June 29, 2012 and continuing until 4:00 p.m., Monday, July 2, 2012. The parties will continue to follow this schedule until the next Conciliation Conference, which shall be scheduled in August, 2012. At that time the Conference will reconvene to consider the impact of the counseling referenced later in this Order on the continuance of the 2/2/3 schedule into the next academic year, particularly with regard to Ian. The parties will also consider the necessity of the first right of refusal paragraph at the Conciliation Conference. 4. Mother and Father have agreed that Mother will contact Laurel Life to schedule another appointment for Ian to participate in counseling. It is anticipated that the parents will participate as recommended by the therapist. NO. 2004-1040 CIVIL TERM 5. Mother will explore the possibility of the use of the "Little Angels" program as a preschool program for Mason and will respond to Father with her input by July 1, 2012. 6. Any guest in Mother's home shall not sleep in the children's room. 7. Holidays. The following holiday schedule shall supercede the regular schedule and the vacation schedule: A. Christmas. Christmas is divided into two segments. Segment A shall be from 12 noon on Christmas Eve until 3:00 p.m. on Christmas Day. Segment B shall be from 3:00 p.m. Christmas Day until 3:00 p.m. December 26. Mother shall have custody of the children for Segment A in odd-numbered years and Segment B in even-numbered years. Father shall have physical custody of the children for Segment A in even-numbered years and Segment B in odd-numbered years. B. Thanksgiving. Thanksgiving shall be divided into two segments. Segment A shall be from 9 a.m. to 3:00 p.m. Segment B shall be from 3:00 p.m. to 9:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. C. The parties shall alternate the following holidays, commencing with Mother having July 4th in 2012: Easter, Memorial Day, Independence Day, Labor Day and New Year's Day. The custodial time for these holidays shall be from 9:00 a.m. to 7:00 p.m. D. Mother's Day and Father's Day. The Children shall be with Mother on Mother's Day and Father on Father's Day from 9:00 a.m. until 7:00 p.m. 8. Vacation. Each party shall have up to two nonconsecutive weeks of uninterrupted custodial time in the summer, to coincide with their scheduled weekends. The parties shall provide each other with 30 days written notice, along with the location and telephone number where they can be reached during their vacation time. 9. Transportation. Transportation shall be shared by the parties and unless otherwise agreed, shall be provided by the parent relinquishing custody delivering the children to the other parent. 10. In the event either party is unavailable for a period of four hours or more of their regularly scheduled custody, they shall contact the other parent prior to contacting a third party for babysitting needs. 11. 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. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 46 - NO. 2004-1040 CIVIL TERM 12. In the event of a medical emergency, the party with physical custody at the time shall make emergency decisions, and shall promptly notify the other parent as soon as practicable after the emergency is handled. 13. In the event either party intends to take the children out of the Commonwealth of Pennsylvania, they shall provide each other with advance notice, a basic itinerary, and a telephone number where the children can be reached. 14. Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the children. For purposes of this paragraph, one ten minute phone call per day is deemed reasonable. 15. Toys, clothes, etc. shall not become matters of contention between the parents as these generally are the children's property, not the parents, entitling the toys or clothes to be taken by the children and back with the children, as reasonably appropriate. 16. 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. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 17. No party shall relocate the child 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 consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures as required by 23 Pa.C.S. §5337. BY THE COURT: Kevin A./Htss, P. J. C_'., Dist: -cry r-o x s Michelle L. Sommer, Esquire, 2 West High Street, Carlisle, PA 17013 r„_ -,, ? Michael J. Whare, Esquire, 37 E. Pomfret Street, Carlisle, PA 17013 r =cam! Jacqueline M. Verney, Esquire, 44 South Hanover Street, Carlisle, PA 17013 er tv o re /a? li+a ZC) : 6p a . w ? w.• KELLY E. WEIDNER, Plaintiff V. TYSON R. WEIDNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1040 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3- 8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Ian Matthew Garman June 20, 2001 Mother and Father Mason Meily Weidner October 1, 2008 Mother and Father 2. Mother filed a Petition to Modify Custody on April 12, 2012. The previous Order in this matter was entered on September 2, 2011, by President Judge Kevin A. Hess. A Custody Conciliation Conference was held on June 15, 2012. In attendance were the Mother, Kelly E. Weidner, and her counsel, Michael J. Whare, Esquire; the Father, Tyson R. Weidner, and his counsel, Michelle L. Sommer, Esquire. 3. The parties reached an agreement in the form of Order as attached, modifying the September 2, 2011 Order. The parties also agreed to reconvene the Custody Conciliation Conference in August, 2012, to consider the continuation of the summer 2/2/3 schedule and whether the first right of refusal paragraph continues to be necessary. Available non-vacation days for counsel are August 1-10, 2012 and August 23 and 24, 2012. However, prior to scheduling, counsel's office should be contacted for availability as the parties' desire a Conciliation date prior to the commencement of the older child's entrance to middle school for the 2012/2013 school year. Dat Melissa Peel Greevy, Esquire Custody Conciliator 501472 r OR TH OURT, ustody Conciliator Dist: Michelle L. Sommer, Esquire, 2 West High Street, Carlisle, PA 17013 Michael J. Whare, Esquire, 37 E. Pomfret Street, Carlisle, PA 17013 Jacqueline M. Verney, Esquire, 44 South Hanover Street, Carlisle, PA 17013 KELLY E. WEIDNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. TYSON R. WEIDNER, Defendant NO. 2004-1040 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT The Custody Conciliation Conference shall reconvene on August 1, 2012, at 10:30 a.m., with the Custody Conciliator, Jacqueline M. Verney, Esquire, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 0 ~f KELLY E. WEIDNER, Plaintiff V. TYSON R. WEIDNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2004-1040 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this Z ~ ~ day of /~v~w " , 2012, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of Court dated June 28, 2012 is hereby vacated. 2. The Mother, Kelly E. Weidner and the Father, Tyson R. Weidner, shall have shared legal custody of Ian Matthew Garman, born June 20, 2001 and Mason Melly Weidner, born October 1, 2008. Each parent shall have an equal right, to be exercised jointly with the other pazent, 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 the other pazent. To the extent one pazent has possession of any such records or information, that pazent shall be required to shaee the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both pazents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regazd to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cazds. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regazd to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. The parties shall share physical custody of the children on the following schedule beginning September 3, 2012: A. Father shall have physical custody of the children every Monday from 4:00 p.m. to Wednesday at 4:00 p.m. B. Mother shall have physical custody of the children every Wednesday from 4:00 p.m. to Friday at 4:00 p.m. C. The parties shall alternate weekends from Friday at 4:00 p.m. to Monday at 4:00 p.m. 4. Mother and Father have agreed that Mother will contact Laurel Life to schedule another appointment for Ian to participate in counseling. It is anticipated that the pazents will participate as recommended by the therapist. 5. Any guest in Mother's home shall not sleep in the children's room. 6. Holidays. The following holiday schedule shall supersede the regulaz schedule and the vacation schedule: A. Christmas is divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve until 3:00 p.m. on Christmas Day. Block B shall be from 3:00 p. m. Christmas Day to 3:00 p.m. December 26. Mother shall have physical custody of the children for Block A in odd numbered years and Block B in even numbered years. Father shall have physical custody of the children for Block A in even numbered years and Block B in odd numbered years. B. Thanksgiving shall be divided into two Blocks. Block A shall be from 9:00 a.m. to 3:00 p.m. and Block B shall be from 3:00 p.m. to 9:00 p.m. In even numbered yeazs Mother shall have Block A and Father shall have Block B. In odd numbered yeazs Father shall have Block A and Mother shall have Block B. C. The parties shall alternate the following holidays, commencing with Mother having July 4, 2012 from 9:00 a.m. to 7:00 p.m.: Easter, Memorial Day, Independency Day, Labor Day and New Yeaz's Day. D. Mother's Day and Father's Day. The children shall be with Mother on Mother's Day and with Father on Father's Day from 9:00 a.m. to 7:00 p.m. 7. Each party shall have up to two nonconsecutive weeks of uninterrupted custodial time in the summer, to coincide with their scheduled weekends. The parties shall provide each other with 30 days written notice, along with the location and telephone number where they can be reached during their vacation time. 8. Transportation shall be shazed by the pazties and unless otherwise agreed, shall be provided by the parent relinquishing custody delivering the children to the other parent. 9. Neither party shall do nor permit a third party to do, or say anything that would estrange the Children from the other parent, injure the opinion of the Children as to the other pazent, or hamper the free and natural development of the Children's love and respect for the other pazent. 10. In the event of a medical emergency, the pazty with physical custody at the time shall make emergency decisions, and shall promptly notify the other pazent as soon as practicable after the emergency is handled. 11. In the event either party intends to take the children out of the Commonwealth of Pennsylvania, they shall provide each other with advance notice, a basic itinerary, and a telephone number where the children can be reached. 12. Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regazding the children. For purposes of this pazagraph, one ten minute phone call per day is deemed reasonable. 13. Toys, clothes, etc. shall not become matters of contention between the parents as these generally are the children's property, not the parents, entitling the toys or clothes to be taken by the children and back with the children, as reasonably appropriate. 14. RELOCATION: No party shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the children consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 15. 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. Another conciliation conference is scheduled for November 13, 2012 at 9:30 a.m. BY THE COURT, J. ~ ~.;> c ~ cc Michael J. Whare, Esquire, Counsel for ther '~~ s Michelle L. Sommer, Esquire, Counsel for Father ~ `.~S ~~, w 'c ~ a ~~ 3 --a O -. t,D ,.~ KELLY E. WEIDNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2004-1040 CIVIL ACTION -LAW TYSON R WEIDNER, Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.J. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ian Matthew Garman June 20, 2001 shared Mason Meily Weidner October 1, 2008 shazed 2. A Conciliation Conference was held in this matter on August 24, 2012, with the following in attendance: The Mother, Kelly E. Weidner, with her counsel, Michael J. Whaze, Esquire, and the Father, Tyson R. Weidner, with his counsel, Michelle L. Sommer, Esquire. 3. The Honorable Kevin A. Hess, P.J. previously entered an Order of Court dated June 28, 2012 providing for shazed legal custody and shared physical custody on a 2/2/3 alternating schedule. 4. The parties agreed to an Order in the form as attached. Date: d 'a y~~°`~-- acq line M. Verney, Esquire Custody Conciliator KELLY E. WEIDNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2004-1040 CIVIL ACTION -LAW ~:-~ ~., TYSON R. WEIDNER, ~ '~ M` Defendant : IN CUSTODY ~ ~ ~,°~ r f'"=~,_ :n r- ~ :~ ~ y. ~ _,~~_ . ;. ~ r -c-: -- rte,, ORDER OF COURT = ~' ~ .~ ~ ~ ; .a~ ,. -,~ ~~ ` ~ AND NOW, this 13`" day of November, 2012, being advised that the parties are satisfied with the prior Order, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, /Jac ~eline M. Verney, Esquire, stody Conciliator