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Home My WebLink About04-2038 ANGELO M. WEST, Plain tiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ()L{-~Oj~ ~vi \ NUMBER: REBECCA M. WEST, Defendant CUSTODY COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, ANGELO M. WEST, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is ANGELO M. WEST, who currently resides at 26 I North Front Street, Steelton, County of Dauphin, Pennsylvania. 2. Defendant is REBECCA M. WEST, who currently resides at 206 North Bedford Street, Carlisle, County of Cumberland, Pennsylvania. 3. Plaintiff seeks to have rights of temporary physical and shared legal custody with respect to QUENTIN JOSE WEST, born May, 2001; and MICAYLA JALENE WEST, born July, 2003. Quentin Jose West was born out of wedlock and Micayla Jalene West was born during the marriage. The children are presently in the custody of Defendant, REBECCA M. WEST. Since birth, the children have resided with the following persons and at the following addresses: from birth until May, 2002, with both parents at 92-B Lincoln Avenue, Harrisburg, Pennsylvania; from May 2002, until December, 2003, with both parents at 7 Franklin Street, Highspire, Pennsylvania; from December, 2003, until the present with both parents at 206 North Bedford Street, Carlisle, Pennsylvania. The mother of the children is REBECCA M. WEST, who currently resides at 206 North Bedford Street, Carlisle, Pennsylvania. She is separated. The father of the child is ANGELO M. WEST, who currently resides at 261 North Front Street, Steelton, Pennsylvania. He is separated. 4. The relationship of the Plaintiff to the children is that of father. The Plaintiff currently resides alone. 5. The relationship of the Defendant to the children is that of mother. She currently resides with the children. 6. The 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 in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the children in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by confirming rights of temporary physical and shared legal custody in Plaintiff because Plaintiff has been denied access to the subject minor children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests that Your Honorable Court enter an Order confirming rights of temporary physical and shared legal custody in Plain tiff. Respectfully submitted, ~EA CHARLES E. P]~TRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verifY that the statements in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. i:/;V/o,/ ATE --L i 11 /J.;. ANGELO~. WEST -::A:::> :it ......... d ~ () ~ J:... C "'* - - o ~ --.;) ~ (") c: ~.~". "'"'"(:; ~~';: '....'.'r:. ~~F (II f~C.~ ~8 ~ -0 ~ ~ ('> @ ~ = = .&" ::r.: "~.. -< I c-. o -n -l :r" n1r:--:: ..,.,r11 :tJc,J OC~) --i_y' :;';-d ~.,d C'") :~rn .'2 ~~ -0 Z r;;> c..'"1 (J) ANGELO M. WEST PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-2038 CIVIL ACTION LAW REBECCA M. WEST DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 12, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, PA 17043 on Thursday, June 17, 2004 , the conciliator, 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT. By; Isl Melissa P. Greevy, Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is requin,d 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 HA VB AN A TIORNEY 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 ~~ ~~~ .AC/-F./-,> -*? ~ ~ ht?'D?, ~ ~ 1-~"" ~ - P9 J~i?-fY-? V!i~\ll\"l~C::i\'N:~rI I 'Nn(~'-;' ':~:";,';'^'n'" ^J.. J.'.,;',.. ,. '..',1'\ IV 02 :2 ~id 81 A VIHOaZ ,l.,bVll1NOH.LOl:Jd 3Hl .:10 .38i::!:;10"'CJ:JlI~1 JUl 2 $ 2004 V 'v ANGELO M. WEST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBEHLAND COUNTY, PENNSYLVANIA NO. 04-2038 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. REBECCA M. WEST, Defendant ORDER OF COURT AND NOW, this :2 ~ " day of July, 2004, uplJn consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leoal Custodv. The parties, Angelo M. WE~St and Rebecca M. West, shall have shared legal custody of the minor children, Quentin Jose West, born May 8, 2001, and Micayla Jalene West, born July 8, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major nem-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 :;!3 Pa. C. S. 95309, 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 salme, 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 primclry physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Each weekend, on Saturday or Sunday, at the home of the maternal grandmother. B. At such times as the parties agree. 3. Father shall, within 30 days of the date of the Conciliation Conference, have a chemical dependency evaluation. Father shall sign a consent to release confidential information from the evaluating professional to his attorney. The evaluation and recommended treatment, if any, shall be shared between counsel. After Father has complied with the evaluation and any treatment recommended, Father may have additional custodial time with Quentin, one time per month, from Saturday to Sunday, at his residence. The specific times and weekends shall be arranged by mutual agreement of the parties. . ,.',1,'jf"'l . ~.! i 1\.) 1"'''''' 1'\1-1',:; :', I I :8, I!,; ~ ,.., o. L Z "'it ~ODZ :~li.-LL :K) ~y}.,!:>:).{j:~l~l I:! NO. 04-2038 CIVIL TERM 4. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. BY THE COURT: -;jtL J. Dls!: Aarles E. Petrie. Esquire, 3528 Brisban Street, Harrisburg. PA 17111 ~ePh D. Caraciolo. Esquire, 2108 Market Street, Camp Hill, PA 17011 VL .~ 07- R.. '7-0 I ANGELO M. WEST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2038 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. REBECCA M. WEST, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits thEI following report: 1. The pertinent information concerning the Ichild who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Quentin Jose West Micayla Jalene West May 8, 2001 July 8, 2003 Mother Mother 2. Father filed a Complaint for Custody on Mal' 6, 2004 seeking partial custody and shared legal custody. A Custody Conciliation Conference was held on July 21, 2004 with the following individuals in attendance: the Father, Angelo M. West, and his counsel, Charles E. Petrie, Esquire; the Mother, Rebecca M. Weist, and her counsel, Joseph D. Caraciolo, Esquire. 3. The parties reached an agreement in the form of an Order as attached. "-AJ-;-LDllJG --:;. ~sa Peel Greevy, Esquire Custody Conciliator 7 /(L~/ DLf Date/ I :232531 ANGELO M. WEST, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 04-2038 CIVIL TERM REBECCA M. WEST, Defendant : CUSTODY /'1(),PI/'Y MOTION TO ~~)!;!-.D CUSTODY ORDER NOW COMES the Plaintiff, ANGELO M. WEST, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is ANGELO M. WEST, who currently resides at 341 Caravan Court, Middletown, County of Dauphin, Pennsylvania. 2. Defendant is REBECCA M. WEST, who currently resides at 206 North Bedford Street, Carlisle, County of Cumberland, Pennsylvania. 3. Plaintiff and Defendant are the natural parents of two minor children: QUENTIN JOSE WEST, born May, 2001; and MICAYLA JALENE WEST, born July, 2003. 4. A Custody Order was entered on July 26, 2004, by the Honorable Kevin Hess, a copy of which is attached hereto. 5. Plaintiff seeks to amend the Order as follows: a. Plaintiff requests that his visitation occur at the home of his girlfriend rather that at the home of the maternal grandmother. b. Plaintiff seeks visitation every other holiday from noon until 4:00 P.M., and two hours on each of the children's birthdays. WHEREFORE, Plaintiff requests that Your Honorable Court amend the Order as set forth above. Respectfully submitted, (~~/A~ CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn f ; ification to authorities. 1 U./&S~/ ((/Iy /0 S-- DATE JUL 2 6 2004 ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2038 CIVIL TERM CIVIL ACTION - LAW ANGELO M. WEST, v. REBECCA M. WEST, IN CUSTODY Defendant ORDER OF COURT AND NOW, this J) D th day of July, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leoal Custodv. The parties, Angelo M. West and Rebecca M. West, shall have shared legal custody of the minor children, Quentin Jose West, born May 8, 2001, and Micayla Jalene West, born July 8, 2003. Each parent shall have an equal right, to be e)(ercised 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. 95309, 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. Phvsical Custodv. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Each weekend, on Saturday or Sunday, at the home of the maternal grandmother. B. At such times as the parties agree. 3. Father shall, within 30 days of the date of the Conciliation Conference, have a chemical dependency evaluation. Father shall sign a consent to release confidential information from the evaluating professional to his attorney. The evaluation and recommended treatment, if any, shall be shared between counsel. After Father has complied with the evaluation and any treatment recommended, Father may have additional custodial time with Quentin, one time per month, from Saturday to Sunday, at his residence. The specific times and weekends shall be arranged by mutual agreement of the parties. . NO. 04-2038 CIVIL TERM 4. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. BY THE COURT: /5/1WIn d -d. D AJ J. Dist: Charles E, Petrie, Esquire, 3528 Brisban Slreet, Harrisburg, PA 17111 Joseph O. Caraciolo, Esquire. 2108 Market Street, Camp Hili, PA 17011 ANGELO M. WEST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-2038 CIVIL TERM v. REBECCA M. WEST, CIVIL ACTION - LAW IN CUSTODY Defendant 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 Quentin Jose West Micayla Jalene West May 8,2001 July 8, 2003 Mother Mother 2. Father filed a Complaint for Custody on May 6, 2004 seeking partial custody and shared legal custody. A Custody Conciliation Conference was held on July 21,2004 with' the following individuals in attendance: the Father, Angelo M. West, and his counsel, Charles E. Petrie, Esquire; the Mother, Rebecca M. West, and her counsel, Joseph D. Caraciolo, Esquire. 3. The parties reached an agreement in the form of an Order as attached. U-ii/;"Of 1 B---, elissa Peel Greevy, Esquire Custody Conciliator 7 /~3/0Lf Date/ I :232531 ~ (\ ~~ ~ ~ ~ ~ ~ ~, CA. ()\ ~ z )J t s< . ~~. r> c: ...., = r..:;...") ':.J' ~ ..... -~ f~l ::D r- -r,JI"!l -:-(;;'::::J ,..., i _-:\e) ~.'~'~'~ ,..) .;~ 5-:' .-< ::.- -- ;oQ h) CO ,;,-"".0 :1::: ~~? u::> ANcfLO M. WEST PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 04-2038 CIVIL ACTION LAW REB~CCA M. WEST i i DEFENDANT IN CUSTODY ORDER OF COURT A 0 NOW, Wednesday, May 04, 2005 a ___, upon consideration of the attached Complaint, it is here y directed that parties and their respective counsel appear before Hnbert X. Gilroy, Esq. . the conciliator, at 4t Floor, Cumberland Count Courthouse, Carli'-'-"- on Friday, May 20,2005 ____ 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 ea not be accomplished, to define and narrow the issues to be heard by the court. and to enter into a temporary order. A I children age five or older may also be present at the conference. Failure to appear at the conference mav provide rounds for entry of a temporary or permanent order. he court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special elief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Hubertl[._Gilrov, Esq. __f~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans witl 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 mu t be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled con erence or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA E AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FO TH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Strect Carlisle, Pennsylvania 170 I 3 Telephone (717) 249-3166 . fJ1t 4rji< JI.- (ff~ ~ SO? 07 _~l ifl:t .z /fT.r!' '''rIA ro yY '" "'/."r P ft' ~ ~ r? ,;U Y .u , c-\' .7\\-\)' > 'J '\,.1\ \. ~ \,,\\\(\\.7 ~_'_ . \" ,'.. \'J'.J~ ^-" ,.,,' ~ ~-----_.------ ANGELO M. WEST, Plaintiff RECEIVED JUN 15 200Sf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW REBECCA M. WEST, Defendant NO. 04-2038 IN CUSTODY COURT ORDER AND NOW, this n' day of June, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 4 of the Cumberland County Courthouse on the 2'fB day of July, 200S at 11:00 a.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. The only issue that shall be addressed at the hearing is whether father's limited visitation with the minor children shall include a requirement that it be supervised by the maternal grandmother or otherwise. Counsel for the parties shall fde with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. Mother's counsel shall include in the memorandum a specific listing of reasons why mother feels that a supervised custody arrangement is required in this case, and father's counsel shall include in the memorandum the specific reasons that father asserts why a supervised visitation is not required. This memorandum shan be fded with the Court and opposing counsel at least five days prior to the mentioned hearing date. 8 Z :01 !IV L I N:a'SOfJZ ":t1'--""'1"'" ""I" -10 .-\t:\.lL,"ilJl i i..J~GJ :;-ll ;l; :I8U.:iC,'031I:J ," 2. Pending further Order of this Court, this Court's prior Order of July 26, 2004 shall remain in place. cc:~les E. Petrie, Esquire Ao;eph D. Caraciolo, Esquire ('(rb ,\ {)\9 BY THE COURT, ;11 " ANGELO M. WEST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW REBECCA M. WEST, Defendant NO. 04-2038 IN CUSTODY Prior Judge: Honorable Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertainine to the children who are the subject of this litigation is as follows: Quentin Jose West, born May 8,2001 and Micayla Jalene West, born July 8,2003. 2. A Conciliation Conference was held on June 3, 2005, with the following individuals in attendance: The father, Angelo M. West, with his counsel, Charles E. Petrie, Esquire, and the mother, Rebecca M. West, with her counsel, Joseph D. Caraciolo, Esquire. 3. The parties are under a Court Order that provides father has limited visitation with the minor children subject to supervision by the maternal grandmother. Father has abided by that since last July except for the past few months when there has, apparently, been a misunderstanding between the parties with respect to the visitation issue. Regardless, the father desires to modify the existing Order to get rid of the supervised visitation arrangement. Father is not seeking overnight visitation, and is only seeking a few hours on a Saturday or Sunday on alternating weekends and also a few hours on alternating holidays. Mother's position is that father has had , a history of drug problems and recently had a marijuana arrest. She has concerns about who father lives with and how things are going to be handled in the father's home. Mother is not willing to remove the supervised visitation condition from the prior Order. A hearing is required. 4. The Conciliator recommends an Order in the form as attached. & -I f:--o S- DATE C/Jfr ANGELO M. WEST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 04-2038 CIVIL REBECCA M. WEST, Defendant ORDER AND NOW, this :z.. r day of July, 2005, on agreement of the parties, the attached custody agreement is herewith made an order of court. BY THE COURT, Charles E. Petrie, Esquire For the Plaintiff A/l Joseph D. Caraciolo, Esquire For the Defendant ~ ~ '7.:27.0! Cf' :r1m O 1]. :71 Ud I? '1('(' Qn07 >.J I, 1;.,(,), L ..I.iU~ AdVIO;"\J'GrU"C:Jd 3Hl dO :J~IL!:!i){F!lH FILED-OFFICE Alyssa H. Knisely,Esquire OF THE P R'0 THON 0 TA R'y SHAFFER& ENGLE LAW OFFICES 2205 Forest Hills Drive,Suite 10 1013 MAR 15 PM 4; 06 Harrisburg,PA 17112 COUNTY 717-545-3032 *Phone CUMBERLAND PENNSYLVANIA A 717-545-3083 *fax alyssa@shafferengle.com ANGELO M. WEST, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-2038 REBECCA M. WEST, CIVIL ACTION- LAW Defendant/Petitioner : IN CUSTODY AFFIDAVIT OF SERVICE Alyssa H. Knisely, Attorney for Rebecca M. West, Petitioner in the above-captioned action, being duly sworn, according to law, deposes and says that Civil Process Service of the Complaint for Custody Modification, as well as the Order scheduling the Pre-hearing custody conference in the above-captioned action, was made in person by William G. Stoeffler, PA State Constable, on the Respondent,Angelo M. West. See"Affidavit of Service" by William G. Stoeffler, attached hereto,marked Exhibit "A" and Exhibit`B", and made a part hereof. Respectfully submitted, SHAFFE &EEv- . OFFICES Date: 3/ 1'�� By. Alyssa H, Knisely, Esq. Attorney ID: 206414 2205 Forrest Hills Drive, S 'te 10 Harrisburg, PA 17112 Phone 717-545-3032 YJ 3J L1 f L�1 t L 11:'64 f 1 f otrb.3L f b WF5UI4tK� 11`V HUl Y t'fiUt t71 AFFIDAVIT of SERVICE Commonwealth of Pennsylvania County of Cumberland Court Of Compton Pleas Court Case Number:2004.2038 Court Date: 3/19/2013 9!30 am Plaintiff: Angelo M.West vs, Defendant: Retied M.West For: Jeffrey Engle Shaffer&Engle Law Offices 512 Market Street Millersburg, PA 17051 Received by PA State Constable to be served on Angelo M.West,2012 North 4th Street,Capital Pavilion, Horftburg, PA 17102. i I, William G.Stoeeffler PA State Constable, being duly swum,depose and say that on the 14th day of March,2013 at 8:30 pm, l: IND WIDUALLYiPERSONALLY served by delivering a true copy of the Civil Action-Cugtady with the date and hour of service endorsed thereon by me,to:Angelo M.West at the address of: 2012 North 4th S&*at,Capital Pavilion,Harrisburg,PA 17102,and informed said person of the contents therein, in compliance with state statutes. I certify that I am over the We of 18, have no interact in the above action,and am a Certified Process Server, in good standing, in the judicial circuit in which then process was served. Subscribed and Sworn to before me on the 14th day m 0. er Per to Eor>+sta61e of March, 2013 by the afflant who Is personally known B-002827 / to me. PA State Constable 1901 Ann""Valley Read NOTARY PUBLIC Halifax, PA 17032 (M)812.9104 Our Job Serial Number: STG-2013000201 Ref: 2004-2438 copyrt" 9~S T000"VS-4 UJ/Z/ZU1 L Ll:L4 11 f bbb-jz ft) WAUIVtKS 11115 HUI,Y r Rue- I'1 AFFIDAVIT OF ,SERVICE Commonwealth of Pennsylvania County of Cumberland Court Of Common pleas Court Cease Number: 04-2038 Plaintiff: Angelo M.West vs. Defendant: Rebecca M.West For: Jeffrey Engle Shaffer&Engle Law Offices 512 Market Street Millersburg, PA 17061 Received by PA State Constable to be served an Angelo M.WW, 2012 North 4th Street,Capkal Pavilion, Harrisburg, PA 17102. I, William G. Stoelfler PA State Constable, being duly swam,depose and say that on the 14th day of March,2013 st 6:36 pm. I: INDNIDUALLYIPERSONALLY served by delivering a true copy of the Civil Action-Lew In Custody with the date and hour of service endorsed thereon by me,to: AngNo M.West at the address of.2072 Nkmtl 4th Street, Capital Pavilion,Hanlaburg, PA 17102, and informed said person of the contents therein, in compliance with state statutes. I certify that I am over the age of 18, have no interest in the above action,and am a Certified Process Server, in good standing, in the judicial circuit in which the process was served. Subscribed and Sworn to before me on the 14th day 8.tat oep#6 PA of March, 2013 by the affiernt who is personally known B-002827 to me. PA 15tets Constable I Armstrong Valley Road NOTARY PUBLIC HelHax, PA 17432 (M)812-8104 Our Job Serial Number:STG-2013000182 Rot 04-2038 cowam• e Tooftx v6.Sn AN(YELO M. WEST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PFVT� SYI_VANIA CIVIL A( - LAVJ 2004-2038 CI REBECCA M. WEST. Defendant IN CUSTODY PRIOR JUDGE: Me Honorable Kevin A. Hess COURT ORDER /\\D NO W, this z5 ' day of March, 2013,upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the prior Custody Order entered in this case on July 27. 2005, xv hich incorporated a stipulation of the parties is modified as follows: 1. Father's periods of partial custody with the minor children is TEMPORARILY suspended at this time. 2. Mother and father shall make arrangements for father to have telephone ti:ontact and other appropriate contact with the minor children in order to facilitate gather getting to know the children since he has not had much contact with them over the past few years. 3. The parties will work together in the hopes that they can agree upon some arrangement that father can start exercising partial custody with the minor children pursuant to a schedule as the parties agree.In the event the parties are unable to reach any agreement and the father desires to seek partial custody with the children,father may, at any time, file an appropriate petition with the Court to have this matter addressed bl a Court. 4 It is noted that the mother is living with the children in Dauphin County. Pennsylvania, and has been living there for the past two years. Additionally, the father is living in Dauphin County. In the event any future proceedings are filed by either party in this case. this Court will reserve the right to transfer this case, as appropriate, to Dauphin County or another County of appropriate juri sdiction pursuant to Pennsylvania Rule of Civil Procedure 1915.2(c). 5. The father,Angelo M. West,shall also work with mother's attorney in connection with providing appropriate release documentation in order to allow mother"s counsel to have access to any evaluations of the father that may have been done through his incarceration so as to address potential risk assessment requirements of 23 Pa.C.S. § 5329. No partti shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, Kevin xkss. Judge it cc: Alyssa H, KnIsely, Esquire V Angelo N1. West .. .J _.. r� ... ANGELO M. WEST. IN THE COURT OF COMMON 111]-\S OF Plaintiff CUMBERLAND COUNTY, PI;'.\I?iS`'I.VANIA 2004-2038 CIVIL ACTION - LA`A REBEC('A M. WEST, Defendant IN CUSTODY PRIOR J l_1 DGE: T'he Honorable Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE ")F CIVIL PROCI;Di RE 1915.3-8(b), the undersigned Custody Conciliator submits the follmv ing report: I The pertinent information pertaining to the children who are the ',uhjeet of this litigation is as follows: Quentin Jose West, born May 8, 2001, and Micavla Jaylene West, born h-dy 8. 2003. 2, A Conciliation Conference was held on March 19,2013, with the t011ov,vin<' individuals in attendance: The mother, Rebecca M. West, with her counsel, Alyssa H. Knisek, Esquire, and the father, Angelo M. West, who appeared without counsel. 3. The history on this case is that the parties entered into a stipulated custody order signed by Judge Hess in 2005 which gave the parties joint legal custody of the minor children with the father having partial physical custody of two hours one dry every other weekend subject to supervision. Subsequent to that time, the father was incarcerated in a tederal prison and has not seen the children for approximately four years. The parties have agreed upon a custody arrangement on a temporary, basi�; subject to the father's ability to seek a modification at any point in the future. However, the Conciliator knows that the mother currently resides in Dauphin C011nl.;w, and has lived there for the past two years. Additionally,this Court has not previously held a hearing on the custody issues so this Court does not have any specific institutional knowledge on this family's situation. The father is in a lialfway house in Dauphin County and father anticipates that he will continue to live in Dauphin County after he is released from the halfway house facility. In light of the Dauphin County contacts, the Conciliator believes that if any hearing is required in this case it should be conducted in Dauphin County. The attached Order which incorporates the current agreement of the parties will also address that issue. y f,, Date: March 2013 " Hubert X. Gilroy. Esquire Custody Conciliator