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HomeMy WebLinkAbout01-2203SIMON D. WELLMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- ~z 2 o.3 CIVIL TERM MONICA A. LAUVRE, Defendant CIVIL ACTION-lAW IN CUSTODY COMPLAINT FOR SHARED CUSTODY 1. The Plaintiff is Simon D. Wellman, an adult individual residing at 823 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Monica A. Lauvre, an adu~lt individual residing at 45 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present residence Age Simon D. Wellman, III 45 Honeysuckle Drive 9 Mechanicsburg, Pennsylvania Kaitlyn B. VVellman 45 Honeysuckle Drive 5 Mechanicsburg, Pennsylvania The children were not born out of wedlock. The children are presently in the custody of Defendant, who resides at 45 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons at the following addresses: Persons Monica A. Lauvre and Christopher Lauvre Residences 45 Honeysuckle Drive Mechanicsburg, Pennsylvania Dates summer, 1999 to present Monica A. Wellman and 23 Old Silver Spring Road birth to Simon D. Wellman Mechanicsburg, Pennsylvania summer, 1999 The natural mother of the children is Monica A. Lauvre, currently residing at 45 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania. She is married. The natural father of the children is Simon D. Wellman, currently residing at 823 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. He is not married. 4. The relationship of the Plaintiff to the children is that of natural father. The plaintiff currently resides with the following persons: Names. Relationship None 5. The relationship of the Defendant to the children is that of natural mother. The defendant currently resides with the following persons: Names Relationship Christopher Lauvre spouse Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. The parties entered into a Separation and Property Settlement Agreement dated March 27, 2000, which was incorporated in a Decree of Divorce in Cameron County, Pennsylvania, which provided for shared custody of the children. The parties have not personally appeared for any custody proceedings in Cameron County or any other jurisdiction. 7. Each parent whose parental rights to the chiildren have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. VVHEREFORE, Plaintiff requests your Honorable Court to grant him shared physical custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: ~./z . ,:, I Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 (717) 249-6873 mas.dirldomesticlcustody/wellman.com VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Simon D. Wellman DATE: SIMON D. WELLMAN PLAINTIFF V. MONICA A. LAUVRE DEFENDANT IN THE COURT 0]7 COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2203 CIVIL ACTION LAW 1N CUSTODY RD F O JRT AND NOW, Friday, April 20, 2001 , 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 4thFioor, Cumberland County Courthouse, Carlisle on Wedntesday, Mayl6,2001 at 3:30 p.m. for a Pre-Heating 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 hearing. FOR THE COURT, By: /si facqueline M. Verney. Esq.~. Custody Conci.liator 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 belbre 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 heating. YOU SHOULD TAKE THIS PAPER TO YOUR A37FORlX[EY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MoNICA A. LAuVRED~FENDANT IN THE cOURT OF COMMON PLEAS :- OF cuMBERLAND COUNTY, ~. pENNSYLVANIA :NO. 2901-~203 :CIVIL, ACTION ' LAW : IN cuSTODY TO: TIIE pROTHONOTARY Please enter my appearance on behalf of the Defendant, Monica A. Lauvre. Respectfully subr~fittefl, LAW FIRM OF SUSAN KAY cANDIELLO, p.C. Dated: April ~, 2001 Suite 100 Mechanicsburg PA 17050 (717) 796-1931) SIMON D. WELLMAN, PLAINTIFF VS. MONICA A. LAUVRE, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 2001-2203 _. : CIVIL ACTION - ][,AW : IN CUSTODY pRAECIPE TO CORRECT DEFENDANT'S NAME TO: THE PROTHONOTARY Defendant's name was stated incorrectly when the Plaimifffiled the Complaint for Shared Custody in the above case. Please change the caption in the above-stated action, to the caption stated as follows: SIMON D. WELLMAN, PLAINTIFF VS. MONICA A. LAUVER, DEFENDANT IN THE COURT O]? COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001.2203 CIVIL ACTION - LAW IN CUSTODY Dated: April c~, 2001 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. san Kay Cand~eff~,, Esquire-'~ -- PA I.D. #64998[ 5021 East Trindle'-Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 SIMON D. WELLMAN, PLAINTIFF MONICA A. LAUVRE, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 2001-2203 : CIVIL ACTION - ]LAW : IN CUSTODY _ORDER OF COURT AND NOW, this ~q~ day of ]~~_, 2001, the Defendant's last name in the above caption being spelled incorrectly, the caption is amended to set forth the Defendant's name as MONICA A. LAUVER, SIMON D. WELLMAN, Plaintiff V. MONICA A. LAUVRE, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : NO. 2001-2203 CIVIL TERM : CIVIL ACTION. LAW : : IN CUSTODY ORDER OF COURT · AN.D NOW, this ~'~"'day o£ ._~~,~ ,2001, c°nsld::at~°n °f the attached Custody Conclhatlon Report, ~ed and diUPr:cnted as follows. 1. The Mother, Monica A. Lauvre and the Father, Simon D. Wellman, shall have shared legal custody of Simon D. Wellman, III, born July 8, 1991 and Kaitlyn B. Wellman, born March 29, 1996. 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 genera/well-being including, but not limited to, ail decisions regarding their health, education and religion. 2. Mother shall have primary physical custody t the children, with Father Oe · having periods of partial physical custody on the following sc. hedule: A. Alternating weekends, Fridays at 5:00 p.m. to Monday mornings, at such times as agreed by the parties. B. During school vacation, every Wednesday fro/ti 6 00 p m to Thursday morning at 9:00 a.m. · C. While school is in session, every Wednesday p.m. from after school to 8:00 D. During summer vacation, two nonconsecutive weeks, with Father providing 30 days prior notice. E. Alternating Christmas from December 25 at 1:00 p.m. to December 30, at a time agreed by the parties in odd numbered years; and December 25 at 1:00 p.m. to New Year's Day at a time agreed by the parties in even numbered years, except · that m even numbered years, Father will permit Mother time with the children on December 30. 3. The parties shall alternate the following holidays: Memorial Day, July 4, Labor Day, Thanksgiving, and Easter. 4. Father agrees not to exemise his periods of custody if he will be out of town overnight. 5. Transportation shall be as agreed by the parties. 6. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the children and shall, further, take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the children. The parties shall also keep the other parent advised as to social activities scheduled for the children and coordinate those activities so that the children may attend them. 7. The parties shall be entitled to reasonable telephone contact with the children during the periods when the children are not in the custody of that party. 8. Neither party shall do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 9. In the event that either parent is in need of bahysitting services for longer than four hours during their period of custody, the custodial parent shall contact the other parent with the opportunity to provide care for the children before arranging for a third party to baby sit. This provision does not apply if the parties' spouse, fianc6e, sister, grandparents or step-grandparents are to provide the care. 10. 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,~/ cc: Michael A. Scherer, Esquire - Counsel for Father Susan K. Candiello, Esquire - Counsel for Mother SIMON D. WELLMAN, Plaintiff V. MONICA A. LAUVRE, Defendant PRIOR JUDGE: Edgar B. Bayley : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA _. : 2001-2203 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY 1N CUSTODY OF Simon D. Wellman, III Kaitlyn B. Wellman July 8, 1991 Mother March 29, 1996 Mother 2. A Conciliation Conference was held in this matter on May 16, 2001. Father, Simon D. Wellman, was present with counsel, Michael A. Scherer, Esquire, and Mother, Monica A. Lauvre, was present with counsel, Susan K. Candiello, Esquire. 3. The parties agreed to an Order in the form attached. Date Custody Conciliator SIMON D. WELLMAN, Plaintiff MONICA A. LAUVRE, Defendant IN THE COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-2203 CIVIL TERM CIVIL ACTION-I_AW IN CUSTODY PETITION FOR CONTEMPT AND TO MODIFY CUSTODY AND NOW, comes the Plaintiff, Simon D. Wellman, by and through his attorney, Michael A. Scherer, Esquire and respectfully represents as follows: 1. The parties are the natural parents of Simon D. We,man, Ill, born July 8, 1991 and Kaitlyn B. Wellman, born March 29, 1996. 2. The parties are governed by a May 22, 2001 Order of Court which is attached hereto. 3. In or about August, 2001, the Defendant, Monica Lauvre (hereinafter referred as to "Mother"), indicated a desire to take the children to her native country of Chile immediately. 4. As a result of Simon D. Wellman's (hereinafter referred to as "Father"), wedding, Father requested Mother to delay her trip until after his wedding on September 29, 2001. 5. Despite opposing the trip because the child, Simon D. Wellman, III had just commenced the new school year in the Mechanicsburg School District, Father agreed to allow the children to go to Chile for no more than one month in an effort to be amicable with Mother. one month. 7. 8. The parties agreed that the children would be in Chile for no more than On October 1, 2001, Mother and children left for Chile. When Mother and children arrived in Chile, they stayed with Mother's parents, and Father called to speak with the children approximately one time per week. 9. In the third week of October, 2001, Father (:ailed the children in Chile and spoke with Mother, who indicated that she "lost the childrens' passports" and Father would have to contact the Chilean consul to obtain a letter of authority for the children to return. 10. On October 22, 2001, Father secured the letter, had it notarized and sent it to Chile express mail incurring a $50.00 charge. 11. On October 29, 2001, Father called Chile and spoke with Mother, who indicated that she would not be returning with the children as planned on October 31, 2001, but was staying until April, 2002. 12. On October 29, 2001, Father learned for the, first time that Mother had withdrawn Simon D. Weilman, III from school and learned from Mother that she planned to enroll the child in school in Chile. 13. On November 2, 2001, Father called the Domestic Relation's Office relative to a support conference which had been scheduled for November 5, 2001. 14. Father learned in that conversation that Mother had contacted Domestic Relations on October 1, 2001, and asked for a continuance because she was traveling. Mother was advised that she had to make the request in writing, and the request was never made. 15. On November 3, 2001, Mother sent Simon D. Wellman, IIl's principal an email indicating that Mother could not return to the country because of a problem with her pregnancy. She further advised that Simon D. Wellman, Iii would be beginning school in Chile on November 5, 2001. 16. After numerous telephone calls, Mother returned to the Mechanicsburg area with the children on December 12, 2001. Mother's Ilusband flew to Chile to accompany her home with the children. 17. As a result of Mother's actions, the children missed school in October, November and most of December, 2001. As a result of Mother's actions, Father has been deprived of time with the children and has undergone a tremendous amount of anxiety in awaiting the return of his children to this country. 18. As a result of Mother's actions, Father spent a great deal of time researching the Hague treaty and contacting the Office of Children's Issues of the United States Department Of State and consulted with counsel and conducted other investigations in order to determine his rights and an appropriate course of action. WHEREFORE, Father desires an Order finding Mother in contempt and further ordering that: 1. The children not be permitted to travel by plane with Mother without further Order of Court; The children's passports be delivered immediately to Father; and, Mother be required to pay Father for his attorney's fees in this matter. REQUEST FOR MODIFICATION OF ORDER 19. The above paragraphs are incorporated herein by reference. 20. The present Custody Order provides Father with Wednesday evenings while school is in session from after school until 8:00 p.m. 21. Father would like the children to sleep at his house on Wednesday evenings throughout the year because the present time allotted with Father on Wednesdays during school is not meaningful. WHEREFORE, Father respectfully requests this Honorable Court modify the May 22, 2001 Order of Court to provide him with overnights on Wednesday evenings throughout the entire year. Respectfully submitted, O'BRIEN, BARIC & SCHERER 'Micha~IA. ~;ch'erer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-~S873 mas.dir/domesticlcustody/Wellman.pet VERIFICATION The statements in the foregoing Petition For Contempt and Petition To Modify Custody are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: L/ Sirnon D. Wellman SIMON D. WELLMAN, Plaintiff V. MONICA A. LAUVRE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-2203 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT ANDNOW, this ,~ dayof ~(~/illly ,2001, upon consideration of the attached Custody Coneiliatio/Report, it is ordered and directed follows: 1. The Mother, Monica A. Lauvre and the Father, Simon D. Wellman, shall have shared legal Custody of Simon D. Wellman, III, bom Suly 8, 1991 and Kaitlyn B. Wellman, bom March 29, 1996. 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. .* 2. Mother shall have'primary physical'custody of the children, with Father having periods of partial physical custody on the following schedule: A. Alternating weekends, Fridays at 5:00 p.m. to Monday mornings, at such times as agreed by the par'ties. B. During school vacation, every Wednesday from 6:00 p.m. to Thursday morning at 9:00 a.m. C. While school is in session, every Wednesday from after school to 8:00 p.m. D. During summer vacation, two nonconsecutiw., weeks, with Father providing 30 days prior notice. Alternating Christmas from December 25 at 1:00 p.m. to December 30, at a time agreed by the parties in odd numbered years; and December 25 at 1:00 p.m. to New Year's Day at a time agreed[ by the parties in even numbered years, except that in even numbered years, Father will permit Mother time with the children on December 30. 3. The parties shall alternate the following holidays: Memorial Day, July 4, Labor Day, Thanksgiving, and Easter. . 4. Father agrees not to exercise his periods of custody if he will be out of town overnight. 5. Transportation shall be as agreed by the parties. 6. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the children and shall, further, take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the children.' The parties shall also keep the other parent advised as to social activities scheduled for the children and coordinate those activities so that the children may attend them. 7. The parties shall be entitled to reasonable telephone contact with the children during the periods when the children are not in the custudy of that party. 8. Neither party shall do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 9. In the event that either parent is in need of bal~ysitting services for longer than four hours during their period of custody,.the eustrdial parent shall contact the other parent with the opportunity to prOVide care for the'~hilcJren before arranging for a third party to baby sit. This provision does not apply if the parties' spouse, fiancre, sister, grandparents or step-grandparents are to provide the care. 10. 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, ce: Michael A. Seherer, Esquire - Counsel for Father Susan K. Candiello, Esquire - Counsel for Mother TI.~UE COPY/FROM RECORD 111 Te~tfmon¥ wher~6f,-I h~re unl'~ set my hand SIMON D. WELLMAN, Plaintiff V. MONICA A. LAUVRE, Defendant PRIOR JUDGE: Edgar B. Bayley : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA ; : 2001-2203 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 Concilliator submits the following report: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME Simon D. Wellman, III Kaitlyn B. Wellman DATE OF BIRTH $u133 8, 1991 March 29, 1996 CUR.RENTLY IN CUSTODY OF " Mother Mother 2. A Conciliation Conference was held in this matter on May 16, 2001. Father, Simon D. Wellman, was present with counsel, Miclaael A. Seherer, Esquire, and Mother, Monica A. Lauvre, was present with counsel, Sus~aa K. Candiello, Esquire. 3. The parties agreed to an Order in the form attached. Date ne M. Vemey, Esquire Custody Conciliator SIMON D. WELLMAN PLAINTIFF V. MONICA A. LAUVRE DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-2203 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Friday, February 15, 2002 , 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 Wedne:~day, March 13, 2002 at 1:30 PM for a Pre-Heating 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 ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours priior to scheduled hearing. FOR THE COURT, By: /s/ facqueline M. Vern~. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americm~s 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MAR28YO02 SIMON D. WELLMAN, Plaintiff V. MONICA A. LAUVRE, Defendant : IN THE COURT O]F COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-2203 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ~2"~ day of ~~-'- ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated May 22, 2001 hereby remains in full force and effect except as modified as follows: A. Father shall have physical custody of the children on alternating weekends from Thursday at 5:00 p.m. to ]Mondays when he will either drop the child/children off at school or Mother's home. In the summers, he shall drop the children off between 8:00 a.m. and 9:00 a.m. B. Father shall have physical custody of the children every Wednesday from 5:00 p.m. to 9:00 p.m. C. In even numbered years, Father shall haw~ custody of the children until New Year's Day at 3:00 p.m. 2. Each party shall keep one of the children's passports for safekeeping. In the event that either party wishes to take either or both of the children out of the country, they must contact the other party and obtain agreement to travel out of the country or a Court Order. 3. A determination of Father's Contempt Petition shall be held in abeyance. 4. 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 T~E COURTj~ Edgar B. Bayley, ~ cc: Michael A. Scherer, Esquire - Counsel for Father Monica A. Lauvre, pro se 45 Honeysuckle Drive, Mechanicsburg, PA 17050 SIMON D. WELLMAN, Plaintiff V. MONICA A. LAUVRE, Defendant PRIOR JUDGE: Edgar B. Bayley : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA _. : 2001-2203 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 conceming the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURPdENTLY IN CUSTODY OF Simon D. Wellman, III Kaitlyn B. Wellman July 8, 1991 Mother March 29, 1996 Mother 2. A Conciliation Conference was held in this raatter on March 27, 2002. Father, Simon D. Wellman, was present with counsel, Michael A. Scherer, Esquire, and Mother, Monica A. Lauvre, was pro se. 3. A prior Order of Court was entered by the Honorable Edgar B. Bayley on May 22, 2001 wherein the parties shared legal custody of the children, Mother had primary physical custody and Father had periods of partial custody on alternating weekends and Wednesdays. Father filed a Contempt and Modification Petition, alleging Mother took the children to Chile and remained there longer than Father had agreed. Father also requested an additional overnight every week with the children. 4. The parties agreed to an Order in the form attached. Date ? Vemey, Esquire Custody Conciliator J SIMON D. WELLMAN, Plaintiff MONICA A. LAUVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-2203 CIVIL TERM CIVIL ACTION-UAW IN CUSTODY ORDER OF COURT AND NOW, this __ day of ,2004, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at on the ___ day of ,2004 at __ A.M./P.M., 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. BY THE COURT', BY Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF 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, PA 17013 (717) 249-3166 SIMON D. WELLMAN, Plaintiff MONICA A. LAUVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-2203 CIVIL TERM CIVIL ACTION-b~,W IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes the Petitioner, Simon D. Wellman, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. The Petitioner is the Plaintiff, Simon D. Wellman, (hereinafter referred to as "Father"), who resides at 12 Wheatfield Drive, Carlisle, Cumberland County, Pennsylvania. 2. The Respondent is the Defendant, Monica I..auver, (hereinafter referred to as "Mother"), who resides at 45 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of Simon D. Wellman, III, born July 8, 1991 and Kaitlyn B. Wellman, born March 29, 1996 (hereinafter referred to as "children"). 4. A Custody Order was entered in this matter on May 22, 2001, and that Order was modified by virtue of an Order dated March 28, 2002. A copy of both Orders are attached hereto. 5. Mother was remarried after the parties' divorce and mother is presently separated from her husband. 6. Mother relies heavily upon Father to assist in transporting the children to various activities and events. 7. Mother works, sometimes in the evening, at which time Mother must utilize a babysitter for the children. 8. Father believes the children will be better off with him than with a babysitter at such times as Mother is working in the evening. 9. Father's wife is home to supervise the children at such times as Father may be away from the home for short periods of time. 10. Father would like his time expanded with the children to have a shared custody arrangement, which Father believes will be in the best interest of the children. WHEREFORE, Father respectfully requests that the Orders of Court dated May 22, 2001 and March 28, 2002 be amended to provide Father with shared physical custody on a schedule to be agreed upon by the parties. Respectfully submitted, O'BRIEN, BARI(:; & SCHERER · S~herer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 m as~Domestic~Wellman~wellman.pet.modify S.IMON D. WELLMAN, Plaintiff V. MONICA A. LAUVRE, Defendant : IN;THE ,COURT O]? COMMON pLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : : NO. 2001-2203 CIVIL TERM : : CIVIL ACTION. LAW : : IN CUSTODY ORDER OF COURT ANDNOW, this ~ dayof '~'///~1// ,2001, upon consideration of the attached Custody Conciliatiol~Re rt it is ordered follows: / po , and directed as 1. The Mother, Monica A. Lauvre and the Father, Simon D. Wellman, shall have shared legal qustody of Simon D. Wellman, III, bom July 8, 1991 and Kaltlyn B. Wellman, bom March 29, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergen,:y decisions affecting the children's general well-belng including, but not limited to, ail decisions regarding their health, education and religion. 2. Mother shall have'primary phy.~ic~il'~Usiody of the children, with Father having periods of partial physical custody on the following schedule: A. Alternating weekends, Fridays at 5:00 p.m. to Monday mornings, at suc~ times as agreed by the parties. B. During school vacation, every Wednesday from 6:00 p.m. to Thursday morning at 9:00 a.m. C. While school is in session, every Wednesday from after school to 8:00 p.m. D. During summer vacation, two nonconsecutiw~ weeks, with Father providing 30 days prior notice. Alternating Christmas from December 25 at 1:00 p.m. to December 30, at a time agreed by the parties in odd numbered years; and December 25 at 1:00 p.m. to New Year's Day at a time agreed by the parties in even numbered years, except that in even numbered years, Father will permit Mother time with the children on December 30. EXHIBIT "A" 3. The parties shall alternate t~ followi,'ng holidays: M~morial Day, luly 4, La'or Day, Thanksgiving, and Easter. ' 4. Father agrees not to exercise his periods of custody if he will be out of town overnight. 5. Transportation shall be as agreed by the parties. 6. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the children and shall, further, take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, each party shall have the right to vislt the children as often as he/she deems consistent with the proper medical care of the children.' The parties shall also keep the other parent advised as to social activities scheduled for the children and coordinate those activities so that the children may attend them. 7. The parties shall be entitled to reasonable telephone contact with the children during the periods when the children are not in the custody of that party. 8. Neither party shall do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 9. In the event that either parent is in need of bal)ysitting services for longer than four hours during their pefio.d of custody,.the cust'.odial parent shall contact the other parent with the opportunity to provide care for the'~hildren before arranging for a third party to baby sit. This provision does not apply if the parties' spouse, fianc&, sister, grandparents or step-grandparents are to provide the care. 10. 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, ce: Michael A. Scherer, Esquire - Counsel for Father Susan K. Candiello, Esquire - Counsel for Mother or . Copy Da ¢ eilnnoa -% TRUE 'COPY/' FROM RE,CORD In Testimony wl~er~f,.l h}re.unto '~et my hand ' and '11~ seal of ~l[d C~rt~ai:£aritsla; Pa. lo, R B OOZ p SIMON D. WELLMAN, Plaintiff V. MONICA A. LAUVRE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-2203 CIVIL TERM : CIVIL ACTION, - LAW : : IN CUSTODY ORDER OF COURT ANDNOW, this ,~¥~E-'~ dayof '-~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated May 22, 2001 hereby remains in full force and effect except as modified as follows: A. Father shall have physical custody of the children on alternating weekends from Thursday at 5:00 p.m. to Mondays when he will either drop the child/children off at school or MotJaer's home. In the summers, he shall drop the children offbetween 8:00 a.m. and 9:00 a.m. B. Father shall have physical custody of the children every Wednesday from 5:00 p.m. to 9:00 p.m. C. In even numbered years, Father shall have custody of the children until New Year's Day at 3:00 p.m. 2. Each party shall keep one of the children's passports for safekeeping. In the event that either party wishes to take either or both of the children out of the country, they. must contact the other party and Obtain agreement to travel out of the country or a Court Order. 3. A determination of Father's Contempt Petition shall be held in abeyance. 4. 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. EXHIBIT "B" BY THECOE~T, Edgar B. l~ayley, d ~ cc: Michael A. Scherer, Esquire - Counsel for Father Moniea A. Lauvre, pro se 45 Honeysuckle Drive, Mechanicsburg, PA 17050 This2~ u"; ~ ~_ . ( J~,.":~.'~~ /- / ~otho~u~ ' VERIFICATION verify that the statements made in the foregoing Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Simon D. Wellman CERTIFICATE OF SERVICE! hereby certify that on March 15, 2004, I, Tina M. Ascani of O'Brien, Baric & Scherer, did serve a copy of the Petition to Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Monica A. Lauver 45 Honeysuckle Drive Mechanicsburg, Pennsylvania 17050-3166 Tina M. Ascani SIMON D. WELLMAN PLAINTIFF V. MONICA A. LAUVER DEFENDANT IN THE COURT OF C, OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-2203 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 18, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 13, 2004 at 10:30 AM for a Pre-Heating Custody Conference. At such conference, an efibrt 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 a!opear 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 hearinl~. FOR THE COURT. By: /si facqueline M. Verney, Esq. Custody Concilial:or mhc 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 com't, 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 SIMON D. WELLMAN, MONICA A. LAUVER, Plaintiff, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 2001-.2203 CIVIL TERM 1N CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter the appearance of Andrew C. Spears, Esquire, on behalf of the Defendant, Monica A. Lauver, in the above matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant 303575-1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm ofMetzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and exact copy of the within Entry of Appearance with reference to the foregoing action by first class mail, postage prepaid, this ~'~Xday of April, 2004, on the following: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant 303575-1 APR ? ~ ?~ .~ SIMON D. WELLMAN, Plaintiff V. MONICA A. LAUVRE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2001-2203 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this .~OO~ day of ~_ ,2004, upon consideration of the attached Cu--~stody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ~ , of the Cumberland County Court House, on the ,~,~t day of ~ ,2004, at /; .30 o'clock, /o. M., at which time testimony will ge taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated May 22, 2001 and March 28, 2002 shall remain in full force and effect: 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Edgar B. cc: Michael A. Scherer, Esquire, counsel for Father . Andrew Spears, Esquire, counsel for Mother .~ff.x~ ~ q;~-~O,oct FILED-OFF~OE OF THE PP, OTHONOTA,CE 200~/~PR 30 AH I0: I 5 CUMB£Z!L¢;,i'iL~ COUNiY PENNSYLVANA SIMON D. WELLMAN, Plaintiff V. MONICA A. LAUVRE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2001-2203 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, 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 1N CUSTODY OF Simon D. Wellman, III Kaitlyn B. Wellman July 8, 1991 Mother March 29, 1996 Mother 2. A Conciliation Conference was held in this matter on April 27, 2004. Father, Simon D. Wellman, was present with counsel, Michael A. Scherer, Esquire, and Mother, Monica A. Lauvre, was present with counsel, Andrew Spears, Esquire. 3. Prior Orders of Court were entered by the Honorable Edgar B. Bayley on May 22, 2001 and March 28, 2002 wherein the parties shared legal custody of the Children, Mother had primary physical custody and Father had periods of partial physical custody on alternating weekends from Thursdays to Mondays one week and every Wednesday evening, Wednesday overnight in the summer. Father filed a Modification Petition seeking shared physical custody on a 2/5/5/2 alternating day basis. 4. Father's position on custody is as follows: Father is now seeking shared legal and primary physical custody of the Children. He maintains that he has a more stable household than Mother. Mother recently was in an abusive marriage for which a PFA was entered against her husband. Father believes this places the Children at risk. Father is concerned that his son (12 yrs. old) is at home alone after school until Mother returns from work. Father was seeking shared physical custody but when Mother refused to agree to more than 6 overnights in 14, Father asked for primary physical custody. 5. Mother's position on custody is as follows: Mother is seeking shared legal and primary physical custody. She was willing to agree to Father having 6 overnights in 14, however insists that Father is seeking more time in order to reduce his child support. Mother believes the suggested schedule of 2/5/5/2 is too disruptive to the Children. 6. The Conciliator recommends an Order in the: form as attached scheduling a Hearing and continuing the current Court Orders. It is expected that the Hearing will require one-half (1/2) day. Date /, · v 0'acq6eline M. Vemey, Esquire 6~ Custody Conciliator SIMON D. WELLMAN, PLAiNTIFF V. MONICA A. LAUVER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 - 2203 CIVIL TERM CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this Z2~ day of May 2004 it is hereby ORDERED and DECREED that the hearing on June 2, 2004 at 1:30 PM is continued at Defendant's counsel's request to 1:30 PM on July 1, 2004 in Courtroom Number?i~ of the Cumberland County Courthouse. CERTIFIED COPIES TO: /~even Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 t2~lichael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 BY THE CO/~ Edgar B. Ba~Judge SIMON D. WELLMAN, PLAINTIFF MONICA A. LAUVER, DEFENDANT : iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 01-2203 CIVIL TERM ORDER OF COURT ~'-~- day of July, 2004, following a hearing on the AND NOW, this merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Simon D. Wellman and Monica A. Lauver shall have shared legal custody of Simon D. Wellman, III, born July 8, 1991, and Kaitlyn B. Wellman, born March 29, 1996. (3) During the school year, the mother shall have the children except when the father has them: (a) during one week, every other Wednesday from after school until Monday morning at the beginning of school, or Tuesday morning at the beginning of school if Monday is a school holiday, and (b) during the next week, every other Thursday from after school until Friday morning at the beginning of school. (4) During the summer school vacation period, the parents shall have the children alternate weeks with exchanges on Fridays at 7:00 p.m. (5) The parents shall alternate December 25t~ at 1:00 p.m. until 5:00 p.m. New Year's Day. (6) The parents shall alternate Thanksgiving Day until the following Monday at the beginning of school. (7) If the mother takes a vacation in Chile, whare her family lives, or any other country that requires a passport, she may take one child of her choice at a time unless otherwise agreed by the father that both children may go. Except in the latter situation, each parent shall hold one child's passport. Michael Scherer, Esquire For Simon D. Wellman Steven Howell, Esquire For Monica A. Lauver :sal SIMON D. WELLMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA -- V. 2001-2203 CIVIL ACTION LAW M ? mar= MONICA A. LAUVER -' IN CUSTODY (-a rr DEFENDAN T - } .Z7 ORDER OF COURT _< AND NOW, Friday, November 18, 2011 , upon consideration of the attached Complai nt, 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 13, 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: Is/ 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 lezway' 7?Lr r? SIMON D. WELLMAN, • IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. • NO. 2001-2203 CIVIL TERM c rn MONICA A. ADAMS, CIVIL ACTION-LAW -,'T formerly MONICA A. LAUVER, • a" 01 ' Defendant • IN CUSTODY -a —6 4 COUNTER-AFFIDAVIT REGARDING RELOCATION This proposal of relocation involves the following child/children: Child's Name Aqe Currently residing at: Kaitlyn Wellman 16 200 Texaco Road Mechanicsburg, PA 17050 1. I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to the notice. 2. I do not object to the relocation, but I do object to modification of the custody order, and I request that a hearing be scheduled: a. Prior to allowing (name of child/children) to relocate. ' b. After the child/children relocate. 3. Y I do object to the relocation and I do object to the modification of the custody order, and I further request that a hearing be held on both matters prior to the relocation taking place. I understand that in addition to checking (2) or (3) above, I must also file this notice with the court in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I shall be foreclosed from objecting to the relocation. I verify that the statements made in this counter-affidavit 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). lie/201.3 Date: - - Monica A. Adams Formerly Monica A. Lauver SIMON D.WELLMAN • IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-2203 CIVIL TERM MONICA A. ADAMS CIVIL ACTION-LAW Formerly MONICA A. LAUVER, • Defendant • IN CUSTODY April 18TH, 2013 Regarding the proposed relocation involving my daughter Kaitlyn Wellman, I do object to the relocation and I do object to the modification of the custody order, and I further request that a hearing be held on both matters prior to the relocation taking place. I would like to exercise my right as her mother and I petition for further evaluation to address the following concerns: • Emotional and psychological evaluation of my daughter Kaitlyn Wellman to assess her maturity level, ability,and freedom to make an inform decision about this relocation, • Potential ramifications affecting her education as she has not graduated from High School, • Her social development, • The unknown status of her safety and whereabouts in Nicaragua as I have not been provide an address, phone number, or name of the school she will attend, • Preserving her relationship with her younger sibling living in Pennsylvania, • Preserving her relationship with her mother living in Pennsylvania. Sincerely, Monica A. Adams