HomeMy WebLinkAbout10-3080ALEISA LYNETTE MARKELWITZ,
Plaintiff
vs.
JEFFREY MATTHEW VOGT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10- 33 CIVIL TERM
: CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is Aleisa Markelwitz, hereinafter referred to as Mother
James Court, Carlisle, Cumberland County, Pennsylvania 17013.
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Mother ides at 30-4
2. Defendant is Jeffrey Matthew Vogt, hereinafter referred to as Father. It is unknown
where Father actually resides but a reasonable mailing address is with the Paternal Grandmother
at 1902 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, 17013.
3. Mother seeks primary physical custody of the minor children:
Name Present Residence Age
Matthew Allen Vogt believed to be at 1902 Douglas Drive 1/21/08 DOB, 2 years old
Carlisle, PA 17013
Maddison Lee Vogt believed to be at 1902 Douglas Drive 1/21/08 DOB, 2 years old
Carlisle, PA 17013
Matthew and Maddison were born out of wedlock.
Matthew and Maddison are presently in the custody of Father as a result of his taking
them from the Maternal Grandmother's residence under the guise of a visit for several hours and
then refusing to return them to Mother or Maternal Grandmother.
During their lifetime, Matthew and Maddison have resided with the following persons
and at the following addresses:
Name
Aleisa Markelwitz
Robin Johnson
Taylor Markelwitz
Abigail Markelwitz
Address
149 Big Spring Terrace
Newville, PA 17241
Date
birth -- May 2009
Aleisa Markelwitz 3 James Court May 2009 - May 6, 2010
Isaac Kell Carlisle, PA 17013
(shared custody with Isaac's father)
Believed at present: to be with:
Jeffrey Vogt 1902 Douglas Drive
Flora Vogt Carlisle, PA 17013
George Vogt
May 6, 2010
5. Mother lives with the following persons:
Name
Isaac Kell
Relationship
Son from subsequent relationship
6. It is believed that Father lives with the following persons:
Name Relationship
Flora Vogt Paternal Grandmother
George Vogt Paternal Grandfather
Matthew Vogt Son with Aleisa Markelwitz
Maddison Vogt Daughter with Aleisa Markelwitz
7. Mother has not participated as a party or witness, or in another capacity, in other
custody litigation concerning the custody of the children in this or another court.
8. Mother has no information of a custody proceeding concerning the children pending
in a court of this Commonwealth.
9. Mother 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.
10. Matthew and Maddison's best interests and permanent welfare will be served by
granting the relief requested for reasons including, but not limited to the following:
a. Since Matthew and Maddison were born, Mother has been their primary caretaker
and has been responsible for their emotional, physical, educational, financial and
medical needs.
b. Mother is fully capable of caring for the children on a primary basis and has done
so since their birth.
c. Mother has been actively involved in Matthew's medical treatment over the past
two years, including his treatment at Harrisburg Hospital NICU for respiratory
issues immediately upon his birth, his surgical procedure for a hernia, and his
treatment at Hershey Medical Center for a tumor that had to be removed in the
first year of his life. Mother continues to be responsible for Matthew's daily
asthma treatments to ensure proper respiratory functioning.
d. Mother is willing to communicate with and work cooperatively with Father to co-
parent the children and will encourage their father/child relationships.
11. Defendant is not acting in Matthew and Maddison's best interests for reasons
including, but not limited to, the following:
a. Father took the children from a caregiver that they have known since birth and
from Mother who has been their primary caregiver for the past two years.
b. When Father took the children, he failed to take Matthew's asthma medications
which he has taken twice a day, every day, since birth.
c. Father has not participated in Matthew's medical appointments and he does not
fully understand Matthew's medical history which includes NICU treatment for
16 days immediately upon his birth for respiratory issues, surgery, and ongoing
issues with a hernia, and the removal of a tumor. The most critical issue
regarding the respiratory matters requires daily medication and maintenance to
ensure that Matthew is able to breathe properly.
d. Father has refused to accept or return Mother's calls and has completely denied
Mother any contact with Matthew or Maddison.
e. Matthew and Maddison both have upcoming medical appointments which Father
would be unaware of because of his lack of involvement in their day to day care.
f. Father's decision to withhold Matthew and Maddison from Mother demonstrates
a total disregard for the children's health and well being.
12. Every person with rights to custody or having actual physical custody of Matthew
and Maddison has been named as parties to this action.
WHEREFORE, Mother requests this Court to grant her the following relief:
1. That the parties shall share legal custody of Matthew and Maddison.
2. That Mother shall have primary physical custody of Matthew and Maddison.
3. That Father shall have periods of partial physical custody according to a specific
schedule to ensure an ongoing father/child relationship with the Matthew and
Maddison.
4. That the parties shall have an appropriate holiday schedule so that both parents
can spend time with Matthew and Maddison during various holidays.
5. Any other relief this Court finds just and equitable.
submitted,
s calfio?t, Esquire
d enn Legal Services
4 1 qEast Louther Street
Carlisle, PA 17013
(717)243-9400
VERIFICATION
The above-named PLAINTIFF, Aleisa Markelwitz, verifies that
the statements made in the above COMPLAINT FOR CUSTODY are true
and correct. Plaintiff understands that false statements herein
are made subject to the penalties of 18 Pa. C.S. §4904, relating
to unsworn falsification to authorities.
A
Date:
A eis arkelwitz
ALEISA LYNETTE MARKELWITZ,
Plaintiff
VS.
JEFFREY MATTHEW VOGT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-
CIVIL TERM
CUSTODY
AFFIDAVIT OF SERVICE BY MAIL
I, Jessica Hoist, do hereby swear that I served Jeffrey Matthew Vogt, with a Complaint
for Custody on , 2010 by certified mail, return receipt, restricted delivery, to
the person and address below:
Jeffrey Matthew Vogt
c/o Flora Vogt
1902 Douglas Drive
Carlisle, PA 17013
I, Jessica Hoist, verify that the statements made in this Affidavit of Service 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.
Date: 5- • ? 1- ? O Signature: w`?
ALEISA LYNETTE MARKELWITZ,
Plaintiff
VS.
JEFFREY MATTHEW VOGT,
Defendant
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10- 30 8"0 CIVIL TERM
CUSTODY
o
PRAECIPE TO PROCEED IN FORMA PAUPERISE
To the Prothonotary:
Kindly allow, Aleisa Lynette Markelwitz, Plaintiff, to proceed in forma au ?.. vrn
I, Jessica Holst, attorney for the party proceeding in forma au eris, certify th bel6ve
the party is unable to pay the costs and that I am providing free legal services to the party.
psi+IHblst, Esquire
MidP An Legal Services
401 East Louther Street
Carlisle, PA 17013
(717) 243-9400
ALEISA LYNETTE MARKELWITZ,
Plaintiff
vs.
JEFFREY MATTHEW VOGT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10- CIVIL TERM
CUSTODY u
o Tt
-t
Mtn
'zg
C?
PETITION FOR EMERGENCY RELIEF
Petitioner, Aleisa Markelwi.tz, by and through her counsel, MidPenn Legal Services tate;:Ihe'
following:
1. Petitioner is the above-named Plaintiff, hereinafter referred to as Mother, who resides at 3
James Court, Carlsile, Cumberland County, Pennsylvania 17013.
2. Respondent is the above-named Defendant, hereinafter referred to as Father. It is
unknown where Father currently resides but a reasonable mailing address would be the
Paternal Grandmother's residence at 1902 Douglas Drive, Carlisle, Cumberland County,
Pennsylvania 17013.
3. The parties are the natural and biological parents of the minor children, Matthew Allen
Vogt and Maddison Lee Vogt, born January 21, 2008.
4. There is no prior Custody Order in this matter. A Custody Complaint has been filed
simultaneously with the filing of this Petition for Special Relief.
5. On May 6, 2010, Father took Matthew and Maddison from the Maternal Grandmother's
residence under the guise of having a visit for a few hours and has refused to return them
since that time.
6. Defendant is not acting in the children's best interests for reasons including, but not
limited to the following:
a. Father took the children from a caregiver that they have known since birth and
from Mother who has been their primary caregiver for the past two years.
b. When Father took the children, he failed to take Matthew's asthma medications
which he has taken twice a day, every day, since birth.
c. Father has not participated in Matthew's medical appointments and he does not
fully understand Matthew's medical history which includes NICU treatment for
16 days immediately upon his birth for respiratory issues, surgery, and ongoing
issues with a hernia, and the removal of a tumor. The most critical issue
regarding the respiratory matters requires daily medication and maintenance to
ensure that Matthew is able to breathe properly.
d. Father has refused to accept or return Mother's calls and has completely denied
Mother any contact with Matthew or Maddison.
e. Matthew and Maddison both have upcoming medical appointments which Father
would be unaware of because of his lack of involvement in their day to day care.
f. Father's decision to withhold Matthew and Maddison from Mother demonstrates
a total disregard for the children's health and well being.
7. Mother is the parent who can best provide for Matthew and Maddison for reasons
including, but not limited to, the following:
a. Since Matthew and Maddison were born, Mother has been their primary caretaker
and has been responsible for their emotional, physical, educational, financial and
medical needs.
b. Mother has been actively involved in Matthew's medical treatment over the past
two years, including his treatment at Harrisburg Hospital NICU for respiratory
issues immediately upon his birth, his surgical procedure for a hernia, and his
treatment at Hershey Medical Center for a tumor that had to be removed in the
first year of his life. Mother continues to be responsible for Matthew's daily
asthma treatments to ensure proper respiratory functioning.
c. Mother is fully capable of caring for Matthew and Maddison and has done so on a
primary basis and has done so since their birth.
d. Mother is willing to communicate with and work cooperatively with Father to co-
parent Matthew and Maddison and will encourage their father/child relationships.
8. Without this Court's intervention, both children are at risk of being harmed
emotionally and physically. Matthew and Maddison are at risk of emotional harm by being
denied contact with Mother, the person who has been their primary caretaker since birth.
Matthew is at risk of physical harm because Father has been uninvolved in Matthew's serious
medical history and is unfamiliar with the daily treatments and attention Matthew requires.
Maddison and Matthew are at risk for their physical well-being because Father is unaware of
their upcoming medical appointments.
WHEREFORE, Mother respectfully requests that the Court order the following:
a. Defendant shall immediately return the children Matthew and
Maddison Vogt, to Mother's custody.
b. The parties shall share legal custody of Matthew and Maddison.
C. This matter shall be scheduled for an expedited custody conciliation to
detennine a more specific custody order regarding Matthew and
Maddison, born January 21, 2008.
I Until the conciliation conference, Mother shall have primary physical
custody of Matthew and Maddison.
e. Until the conciliation conference, Defendant shall have periods of
partial physical custody as the parties may agree.
f. The local police or other appropriate law enforcement agency shall
assist Mother in regaining custody of Matthew and Maddison from
Father or other adult who may have custody of the children.
g. Any other relief this Court finds just and equitable.
submitted,
Jessi 1st, Esquire
MidPcVk Legal Services
401 E. outher Street
Carlisle, PA 17013
VERIFICATION
The above-named PLAINTIFF, Aleisa Lynette Markelwitz,
verifies that the statements made in the above PETITION FOR
SPECIAL RELIEF are true and correct. Plaintiff understands that
false statements herein are made subject to the penalties of 18
Pa. C.S. §4904, relating to unsworn falsification to
authorities.
Date:
eiga/Cynette Markelwitz
ALEISA LYNETTE MARKELWITZ,
Plaintiff
VS.
JEFFREY MATTHEW VOGT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-
CIVIL TERM
CUSTODY
AFFIDAVIT OF SERVICE BY MAIL
I, Jessica Holst, do hereby swear that I served Jeffrey Matthew Vogt, with a Petition for
Emergency Relief on AU- // , 2010 by certified mail, return receipt, restricted
delivery, to the person and address below:
Jeffrey Vogt
c/o Flora Vogt
1902 Douglas Drive
Carlisle, PA 17013
I, Jessica Holst, verify that the statements made in this Affidavit of Service 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.
Date: ,S 11 • l? Signature:
'i
'~
ALEISA LYNETTE MARKELWITZ
PLAINTIFF
V.
JEFFREY MATTHEW VOGT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
• 2010-3080 CIVIL ACTION LAW
IN CUSTODY
D[;FE;NDANT
ORllE12 OF COURT
,AND NOW, Wednesday, May 12, 2010 _ __, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator,
at 4th Floor, Cumberland Count _Courthouse, Carlisle on Thursday, June 24, 2010 at 9 00 AM
t~~r a Prc-F{eai°ing C'tistody Conference;. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ ,john .Man an r. Es .
Custody Conciliator ~--'
"T'he 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 ol~iice. 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.
l'OU SHOUL,I) TAKE 'I'RIS PAPER TO YOUR A"I'TORNEY A"t ONC'F_-.. IF YOU DO NOT
HAVE AN A~fTORNEY OR CANNOT AFFORD ONE, Ci0 TO OR TELEPHONE THE OFFICE SET
FOR"I~~FI BELOW TO FIND OUT WT-IEKE YOU CAN GET LEGAL F-IELP.
C.'umberland County Bar Association ~ N
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~~ 32 South Bedford Street t~? ~
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/~ i CJ "~~n ~ ~1?.CN•tl2S• Carlisle, Pennsylvania 17013 "'~
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Telephone (717) 249-3166 t-~',._- c.~
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ALEISA LYNETTE MARKELWITZ,
Plaintiff
vs.
JEFFREY MATTHEW VOGT,
Defendant
S~
MAY 1 1 2010
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10- 3D g'[~ CIVIL TERM
CUSTODY
ORDER OF COURT
AND NOW, this ~ day of C~ l0, upon consideration of the Petition for
Emergency Relief, the following order is t red:
a. Defendant shall immediately return the children, Matthew Allen Vogt and
Maddison Lee Vogt, born January 21, 2008.
b. The parties shall share legal custody of Matthew and Maddison.
c. This matter shall be scheduled for an expedited custody conciliation to
determine a more specific custody order regarding Matthew and Maddison.
d. Until the conciliation conference, Mother shall have primary physical custody
of Matthew and Maddison.
e. Until the conciliation conference, Defendant shall have periods of partial
custody at times and places as the parties may agree.
f. The local police or other appropriate law enforcement agency shall assist
Mother in regaining custody of Matthew and Maddison from Father or other
adult who may have custody of Matthew and Maddison.
By the Court,
~t l1VnC ~~"`1~4S~~P~a
~.,
~? ~ ~ d~ ~ ~ ~ ~"~~ ~ I Ql Judge
J~~!G'~~i~`, i'~' air a,-
Distribution:
/Jessica Holst, Esquire
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
,Jeffrey Matthew Vogt
c/o Flora Vogt
1902 Douglas Drive
Carlisle, PA 17013
CO'~:ca Mok~ec~
S1~3/la
KJ~
5U
.~
ALEISA L. MARKELWITZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENI~YL~,ANIA
<;
C~ ~a -
v. No. 10-3080 CIVIL ACTION ~-~- =~'
~___ -,-~
i ~.: c .~ ~` ` -
JEFFREY M. VOGT, IN CUSTODY `' " ~ ~ ~ ~ ~,~
Defendant ~ - - -~
. ,,,
~--. ---
Prior Judge: Albert H. Masland ~ ~'° ~ -~-
-~` N -
ORDER OF COURT
AND NOW this ~ day of June 2010, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
Legal Custody: The Father, Jeffrey M. Vogt, and the Mother, Aleisa L. Markelwitz, shall have
shared legal custody of Matthew A. Vogt, born 01/21/2008 and Maddison L. Vogt, born
01/21/2008. The parties shall have an equal right to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions regarding
their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent
shall be entitled to all records and information pertaining to the Children including, but not
limited to, medical, dental, religious or school records, the residence address of the Children
and of the other parent. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the other
parent within such reasonable time as to make the records and information of reasonable use to
the other parent.
2. Physical Custody: Mother shall have primary physical custody of the Children subject to
Father's physical custody on a repeating two week schedule as follows:
a. In week one, Father shall have physical custody of the Children from Tuesday
4:00 pm until Wednesday 8:00 am and from Friday 4:00 pm until Sunday at
12:00 pm.
b. In week two, Father shall have physical custody of the Children from Tuesday
4:00 pm until Wednesday 8:00 am.
c. Father shall have physical custody of the Children at such other times as the
parties may mutually agree.
3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable
basis.
4. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the
event the parties can not agree on a holiday schedule, a schedule shall be established at the
status conference with the assigned conciliator.
5. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Children from the other party, or injure the opinion of the Children as to the other
party, or may hamper the free and natural development of the Children's love or affection for
the other party. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Children.
6. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
7. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
8. A status conference with the assigned conciliator is hereby scheduled for August 24 2010 at
9:00 am at the Court of Common Pleas, Carlisle PA 17013
9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
By the Court,
,-~'~
J.
istribution:
Jessica Holst, Esquire
/ J~Tey Vogt, 1902 Douglas Drive, Carlisle, PA 17013
,,/John J. Mangan, Esquire'
7 ~/~d
Re lar Physical Custod Schedule
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
M M D D M M M D D D M
M M D D M M M M M
ALEISA L. MARKELWITZ,
Plaintiff
v.
JEFFREY M. VOGT,
Defendant
Prior Judge: Albert H. Masland
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 10-3080 CNIL ACTION LAW
1N CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Children who are the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Matthew A. Vogt 01/21/2008 Primary Mother
Maddison L. Vogt 01/21/2008 Primary Mother
2. A Conciliation Conference was held with regard to this matter on February 25, 2008
with the following individuals in attendance:
The Mother, Aleisa Markelwitz, with her counsel, Jessica Holst, Esq.
The Father, Jeffrey Vogt, self-represented party
3. The parties agreed to the entry of an Order in the form as attached.
Date John J
squire
Cust dy C ciliator
,-
~r
AUG 312010
ALEISA L. MARKELWITZ,
Plaintiff
v.
JEFFREY M. VOGT,
Defendant
Prior Judge: Albert H. Masland
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 10-3080
IN CUSTOD
ORDER OF COURT
CIVIL ACTION LAW
0
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C
Y
AND NOW this ~` day of August 2010, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. .All prior custody Orders entered in this matter are hereby VACATED and replaced with this
Order.
2. Leal Custody: The Father, Jeffrey M. Vogt, and the Mother, Aleisa L. Markelwitz, shall have
shared legal custody of Matthew A. Vogt, born 01/21/2008 and Maddison L. Vogt, born
01/21/2008. The parties shall have an equal right to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions regarding
their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent
shall be entitled to all records and information pertaining to the Children including, but not
limited to, medical, dental, religious or school records, the residence address of the Children
and of the other parent. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the other
parent within such reasonable time as to make the records and information of reasonable use to
the other parent.
3. Physical Custody: Mother shall have primary physical custody of the Children subject to
Father's physical custody on a repeating two week schedule as follows:
a. Commencing 09/04/10, Father shall have physical custody on alternating
weekends from Saturday 12:00 pm until Monday 12:00 pm. Absent agreement
otherwise, Father shall pick the Children up from Mother's residence on
Saturday and Mother shall pick the Children up from Father's residence on
Monday. Neither parent shall be more than thirty minutes late for a custody
exchange and shall promptly notify the other parent of any delay.
b. Father shall have physical custody at least two days per week (between Monday
and Friday) from 9:00 am until 3:00 pm giving consideration to the Children's
Head Start schedule. The parents shall communicate with each other every
Sunday at 6:00 pm to determine which days Father shall have custody of the
Children.
c. Father shall have physical custody of the Children at such other times as the
parties may mutually agree.
4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable
basis.
5. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the
event the parties can not agree on a holiday schedule, the parties shall adhere to the holiday
schedule as attached.
6. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Children from the other party, or injure the opinion of the Children as to the other
party, or may hamper the free and natural development of the Children's love or affection for
the other party. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Children.
7. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
8. During any periods of custody or visitation, the parties shall not possess or use illegal
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
By the Court,
~~~
D' tribution:
Jessica Holst, Esquire
~ffrey Vogt, 1902 Douglas Drive, Carlisle, PA 17013
~6hn J. Mangan, Esquire
~ - Fs rna. ~
4/l ~~D
-~,/~
HOLIDAYS AND
SPECIAL DAYS TIMES EVEN
YEARS ODD
YEARS
Easter Da 1St Half From 9 am until 3 m Father Mother
Easter Da 2n Half From 3 m until 9 m Mother Father
Memorial Day From 9 am until 9 m Mother Father
Ind endence Da From 9 am until 9 m Father Mother
Labor Da From 9 am until 9 m Mother Father
Halloween From one hour before trick or
treating to one hour after trick or
treatin Father Mother
Thanksgiving 1St
Half From 8 am Thanksgiving Day to 2
m on Thanks 'vin Da Father Mother
Thanksgiving 2n
half From 2 pm on Thanksgiving Day to
noon the da after Thanks 'vin Da Mother Father
Christmas 1St Half From 8 am until 6 m on 12/24 Father Father
Christmas 2 Half From 6 m 12/24 to 6 m 12/25 Mother Mother
New Year's From 6 pm 12/31 until noon January
1St (with the 12/31 year to control the
even/odd determination Mother Father
Mother's Da From 9 am until 9 m Mother Mother
Father's Da From 9 am until 9 m Father Father
ALEISA L. MARKELWITZ,
Plaintiff
v.
JEFFREY M. VOGT,
Defendant
Prior Judge: Albert H. Masland
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 10-3080 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Children who are the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Matthew A. Vogt 01/21/2008 Primary Mother
Maddison L. Vogt 01!2112008 Primary Mother
2. An Order of Court was issued May 11, 2010, a conciliation conference was held June
24, 2010, an Order issued June 30, 2010, a Conciliation Conference was held with
regard to this matter on August 30, 2010 with the following individuals in attendance:
The Mother, Aleisa Markelwitz, with her counsel, Jessica Holst, Esq.
The Father, Jeffrey Vogt, self-represented party
3. The parties agreed to the entry of an Order in the form as attached.
7T ~/._..
Date John an ,Esquire
Custo y Co iliator
4
DELANO M. LANTZ & ASSOCIATES
By: Delano M. Lantz, Esquire
Identification No. 21401
4 North Hanover Street
Carlisle, PA 17013
717-422-5874
717-422-5879 (fax)
ALEISA LYNETTE MARKELWITZ,
Plaintiff
V.
JEFFREY MATTHEW VOGT,
Defendant
OF THE PRO HONOTAR
2012 APR 19 Of lo: 4 7
C A D C LwTY
?YLYA IA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-3080 CIVIL TERM
CUSTODY
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Delano M. Lantz, Esquire, as attorney for
Defendant, Jeffrey Matthew Vogt, in the above matter.
DELANO M. LANTZ & ASSOCIATES
By:
Delano M. Lantz I/ "
I.D. No. 21401
4 North Hanover Street
Carlisle, PA 17013
717-422-5874
717-422-5879 (fax)
Dated: April 19, 2012
CERTIFICATE OF SERVICE
On this date I caused a copy of the foregoing to be served on the individual listed
below by first-class U.S. mail:
John Kerr, Esquire
John Kerr Law, P.C.
5020 Ritter Road, Suite 104
Mechanicsburg, PA 17055
Date: April 19, 2012
0
DELANO M. LANTZ & ASSOCIATES
By: Delano M. Lantz, Esquire
Identification No. 21401
4 North Hanover Street
Carlisle, PA 17013
717-422-5874
717-422-5879 (fax)
ALEISA LYNETTE MARKELWITZ,
Plaintiff
V.
JEFFREY MATTHEW VOGT,
Defendant
FILEO-OFFICE
OF THE P0TH0N' TAp,if
2#12 APR 19 AN ro:47
U.,: =AND CQLWTY
YLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-3080 CIVIL TERM
CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow, Jeffrey Matthew Vogt, Defendant, to proceed in forma pauperis.
I, Delano M. Lantz, attorney for the party proceeding in forma pauperis, certify
that I believe the party is unable to pay the costs and that I am providing free legal
services to the party.
DELANO M,ILANTZ & ASSOCIATE
By:
Ddlaho M. Lantz
I.D. No. 21401
4 North Hanover Street
Carlisle, PA 17013
717-422-5874
717-422-5879 (fax)
Dated: April 19, 2012
CERTIFICATE OF SERVICE
On this date I caused a copy of the foregoing to be served on the individual listed
below by first-class U.S. mail:
John Kerr, Esquire
John Kerr Law, P.C.
5020 Ritter Road, Suite 104
Mechanicsburg, PA 17055
Delano M. Lantz
Date: April 19, 2012
ALEISA LYNETTE MARKELWITZ IN THE COURT OF COMMON PLEAS OF c7 -
PLAINTIFF C
CUMBERLAND COUNTY, PENNSYLV a
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2010-3080 CIVIL ACTION LAW r
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JEFFREY MATTHEW VOGT ,
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IN CUSTODY _
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DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, April 24, 2012 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 01, 2012 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/ ohn . Man an r. 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
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ALEISA L. MARKELWITZ, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 10-3080 CIVIL ACTION LAW
JEFFREY M. VOGT, IN CUSTODY
Defendant
Prior Judge: Albert H. Masland, J.
ORDER OF COURT
AND NOW this day of June 2012, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. All prior custody Orders entered in this matter are hereby VACATED and replaced with this
Order.
2. Legal Custody: The Father, Jeffrey M. Vogt, and the Mother, Aleisa L. Markelwitz, shall have
shared legal custody of Matthew A. Vogt, born 01/21/2008 and Maddison L. Vogt, born
01/21/2008. The parties shall have an equal right to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions regarding
their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent
shall be entitled to all records and information pertaining to the Children including, but not
limited to, medical, dental, religious or school records, the residence address of the Children
and of the other parent. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the other
parent within such reasonable time as to make the records and information of reasonable use to
the other parent.
3. Physical Custody: Mother shall have primary physical custody of the Children subject to
Father's partial physical custody on a weekly schedule as follows:
a. Commencing 06/02/12, Father shall have partial physical custody every
Saturday from 12:00 pm until 6:00 pm, every Tuesday from 5:00 pm until 8:00
pm and every Thursday from 5:00 pm until 8:00 pm.
b. For the first three visits, the parents shall meet in a neutral location for the
custodial periods with Mother present if she so desires.
C. Thereafter, Father's custodial periods with the Children shall occur at Father's
residence. Father shall provide the transportation to and from Mother's
residence at the designated times.
d. Father shall have physical custody of the Children at such other times as the
parties may mutually agree.
4. Communication: The non-custodial parent shall have liberal telephone contact with the
Children on a reasonable basis. The parents shall communicate by text in regard to any
custodial matters strictly related to the Children.
5. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the
event the parties can not agree on a holiday schedule, the parties shall adhere to the holiday
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schedule as attached.
6. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Children from the other party, or injure the opinion of the Children as to the other
party, or may hamper the free and natural development of the Children's love or affection for
the other party. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Children.
7. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
8. During any periods of custody or visitation, the parties shall not possess or use illegal
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
9. Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non-relocating party to
exercise his or her custodial rights unless (a) every person who has custodial rights to the
child/children consents to the proposed relocation or (B) the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§5337.
10. A status conference with the assigned conciliator is hereby scheduled for Tuesday July 24,
2012 at 11.00 am at Cumberland County Court of Common Pleas.
11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
By the Court,
J.
Distribution:
John Kerr, Esquire
Delano Lantz, Esquire
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HOLIDAYS AND
SPECIAL DAYS TIMES EVEN
YEARS ODD
YEARS
Easter Da 1 St Half From 9 am until 3 m Father Mother
Easter Da 2° Half From 3 m until 9 m Mother Father
Memorial Day From 9 am until 9 m Mother Father
Independence Da From 9 am until 9 m Father Mother
Labor Day From 9 am until 9 m Mother Father
Halloween From one hour before trick or
treating to one hour after trick or
treating Father Mother
Thanksgiving 1St
Half From 8 am Thanksgiving Day to 2
m on Thanksgiving Da Father Mother
Thanksgiving 2d
half From 2 pm on Thanksgiving Day to
noon the day after Thanksgiving Day Mother Father
Christmas 1St Half From 8 am until 6 m on 12/24 Father Father
Christmas 2° Half From 6 m 12/24 to 6 m 12/25 Mother Mother
New Year's From 6 pm 12/31 until noon January
1St (with the 12/31 year to control the
even/odd determination) Mother Father
Mother's Da From 9 am until 9 m Mother Mother
Father's Day I From 9 am until 9 m Father Father
ALEISA L. MARKELWITZ,
Plaintiff
V.
JEFFREY M. VOGT,
Defendant
Prior Judge: Albert H. Masland, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 10-3080 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Children who are the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Matthew A. Vogt 01/21/2008 Primary Mother
Maddison L. Vogt 01/21/2008 Primary Mother
2. An Order of Court was issued May 11, 2010, a conciliation conference was held June
24, 2010, an Order issued June 30, 2010, a Conciliation Conference was held with
regard to this matter on August 30, 2010, an Order issued August 31, 2010 and a
conference was held June 01, 2012 with the following individuals in attendance:
The Mother, Aleisa Markelwitz, with her counsel, John Kerr, Esq.
The Father, Jeffrey Vogt, with his counsel, Delano Lantz, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
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Date John J an an, squire
Custo y C ciliator