The URL can be used to link to this page

Home My WebLink About01-4772 Wayne Janis, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Ot - 477;) c;ui I CIVIL ACTION - LAW IN CUSTODY Alisa Janis, Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff Wayne Janis residing at 800 Grantham Road, Grantham, Cumberland County, Pennsylvania, 17027. 2. The Defendant is Alisa Janis residing at 37 S. 18th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks custody of the following children: children Date of Birth Danielle Janis 8/6/87 7/10/89 4/17/97 Jessica Janis Noah Janis The children were not born out of wedlock. The children have been in the primary custody of Defendant. During the past five years, the children have resided with the following persons and at the following addresses: NAME RESIDENCE DATES Alisa Janis (primarily) 37 S. 18th Street Camp Hill, PA January to present Wayne Janis (partially) 800 Grantham Rd. Grantham, PA January to present Wayne Janis Alisa Janis 136 N. 33rd St. Camp Hill, PA to January 2001 The mother of the children is Defendant, Alisa Janis, and she is married to Plaintiff, Wayne Janis. 4. The relationship of Plaintiff to the children is that of father. Plaintiff currently resides only. 5. The relationship of Defendant to the children is that of mother. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 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. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because of the following reasons: a. Defendant has embarked upon a deliberate course of alienation; b. Defendant has used the children as pawns in the pending domestic matters between the parties; c. Defendant has stated that she intends to relocate to Sea Isle City, New Jersey with the children; and, d. Defendant's personal and social conduct and behavior are inappropriate examples for the children. e. Moreover, Plaintiff is the father and is entitled to extensive time with his children rather than that time which Defendant unilaterally determines. Attached hereto as Exhibit A and made part hereof is the proposed custody agreement submitted by Defendant, executed by Defendant and her counsel. Defendant has failed to cooperate and follow her own proposed custody agreement which had she done so, the parties may have been afforded a basis upon which to work and negotiate the terms of custody. Instead, Defendant continues to attempt to dictate and control the terms and schedule of Plaintiff's relationship with his children. 8. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. All other persons, named below, 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. WHEREFORE, Plaintiff requests the court to grant the relief herein requested. Respectfully submitted, ~t- r Jame . Miller, Esquire Market Street Camp Hill, PA 17011 (717) 737-6400 Plaintiff, . IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY,PENNSYLVANIA WAYNE JANIS, . vs. . NO. . Defendant. . CIVIL ACTION - LAW · CUSTODY ALlSA E. JANIS, STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: I. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of their minor children, Danielle Janis, born August 6, 1987; Jessica Janis, born July 10, 1989; and Noah Janis, born April 17, 1997. All decisions affecting the children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis" or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and . shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. 2. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the children. Each party agrees to give support to ['(i4(6/T A- the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the children. 3. While in the presence of the children, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love, 4. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule and to encourage her to participate in'the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to'the physical custody schedule, which may from time to time become necessary, and shall specifically not use the children as a messenger. Furthermore, neither parent shall discuss with the children any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her 2 as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8, Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. . Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be Mother's primary responsibility to provide Father with copies of report cards and all notifications of major school events. 9. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when she is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10, The parties hereby acknowledge that they have discussed and jointly made the following decisions: . a. The parties agree that Jones, Daly and Caldren will continue to be the children's pediatrician and accordingly, will provide medical treatment to the child when necessary. b. The parties acknowledge that the children's legal names are Danielle Nicole Janis, Jessica Joy Janis and Noah William Janis and that they shall be known by these names for all purposes. The parties agree that they will instruct their respective families and 3 friends that the children should not be referred to by any other name. II. PHYSICAL CUSTODY The parents shall share physical custody of the children, Mother shall have primary physical custody. Father shall nave partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: 1. During the school year, alternating weekends with Father from Friday at 4:00 p.m. until Monday at 8:00 a.m. 2, Midweek visits with Father one evening each week from 4:00 p'.m. until 7:00 p.m., the exact evening to be determined by the parties. llf~ CIJ' ~ 3. During the children's summer vacation, alternating .~ with Father, commencing ancJ ending on Sunday at 6:00 p.m, on the first Sunday after the end of school. . 4. Thanksgiving holiday shall be with Mother until Thanksgiving Day at 4:00 p.m. and with Father from Thanksgiving Day at 4:00 p.m. until Saturday at 6:00 p.m. every year. 5. The Christmas holiday shall be divided such that Father shall have custody commencing upon the adjournment of school and shall continue through December 24 at 9:00 p.m. and Mother shall have custody from December 24 at 9:00 p.m, through January 1 at 6:00 p.m. every year. 4 . 6. Father's Day weekend with Father from Friday at 6:00 p.m, until Sunday at 6:00 p.m. with Father every year. 7. Mother's Day weekend with Mother from Friday at 6:00 p.m. until Sunday at 6:00 p.m. with Mother every year. 8. With respect to President's Day, Martin Luther King Day, Columbus Day, Veterans Day, all of which occur on Monday, these holidays shall be spent with the party who has custody on the weekend immediately preceding the holiday Monday, until Monday at 6:00 p.m. 9, During the summer school vacation, Father shall be entitled to two (2) consecutive weeks of vacation with all three (3) children, upon thirty (30) days prior notice to the Mother. Mother may also have two (2) consecutive weeks of visitation for summer vacation, upon thirty (30) days prior notice to the Father. These vacation days shall over-ride the regular schedule but shall not conflict with the holiday schedule. 10. Each parent shall have physical custody of the child for attendance at family funerals, near death situations and at weddings with reasonable notice to. the other parent. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the children and both parents, The parents are encouraged to place telephone calls to the children between 7:00 p.m. and 10:00 p.m. so as not to interfere with dinner or bedtime. 5 The children shall be permitted free access to place calls to their parents at any time they desire. IV. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Wife's and Husband's current residences in Cumberland County, Pennsylvania, If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' ,written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody or partial custody order. , 6 :"!\"O~.ntn'Q'):""""'.'~~~"r.W' , . :~ This Stipulation shall be entered as an Order of Court. f!t;.J t Wayne Janis, Plaintiff Alisn E. Janis, D ~;;" E"l";re Attorney for Defendant Max J. Smith, Jr., Esquire Attorney for Plaintiff BY THE COURT: J. Date: \ 7 ..~P!'Pf'l!iWlir-_. Y.ERIElCAIlON I verifY that the statements made in the attached 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 unsworh falsification to authorities. Date: ~ JcY l1""-' (j q.::. >- cc '" 0' L-~ f>: z :~,~~ :~ LL. C):_ &, -t,) ---~l (' ooL -~ 1" ~j '--' ~ , ~ \ <:t " \~ ~ <4-- )~~ , <:) Q ~ .=r 8 :r In 5.~ 0~ , WAYNE JANIS PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALISA JANIS DEFENDANT 01-4772 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 15, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Mouday, September 17, 2001 , the conciliator, at 9:15 A.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. 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: Isl Melissa P. Greevy. Esq.P; 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 1HIS 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 ~ ~f/? ? ~ 4? /o1/~ -#P ~ ~ '71d, /(l-'l/.$ ~ r ~ ~ ~/ -;P9 /~?/-~ \I1NV^lASNN3d J.J.Nnm CNIflY:J81"lnO 92 :ZI \.Id 9\ 5flV 10 Al:I\ilCl ,Chl~,J ~o ::()j~~!:!O-CETib r i ! -- WAYNE JANIS PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALISA JANIS DEFENDANT 01-4772 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, ~onday,August20,2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West ~ain Street, ~echanlcsburg, PA 17055 on Tuesday, September 18, 2001 at 1:00 P.~ 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 hearing. FOR TI!E COURT, By: Isl Dawn S. Sunday. Esq.fJJ 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 TIllS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ P '7- ~ ~~ IO'IC'-$ ~ r -A ~ r ~ ~w ~e7 or} lo./-e:;. v/NVA1ASNN3d ALNn08 or'!;{]":!::l81^JnO LS :ZH!d I Z ::J1l~ 10 1l1\'1""',:, ACt \_'Ii'" :,,) WAYNE JANIS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALISA JANIS, Defendant 01-4772 CNILACTIONLAW IN CUSTODY ORDER OF COURT AND NOW, this --1JJ.- day of ~ ,2001, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Upon I. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Pauline Wallin, PhD. orother professional selected by agreement of the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Children. The Parties shall also request from the evaluator reCommendations concerning interim regular and holiday custody arrangements pending completion of the evaluation. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Children. Initially, the Parties shall share. the costs of the evaluation, with the Mother being responsible for 30% and the Father being responsible for 70%. However, the Father reserves the right to petition the Court for a reallocation of the evaluation costs after completion. Each party shall contact the evaluator within 10 days of the date of the Custody Conciliation Conference, in order to schedule his or her first evaluation session. 2. Pending receipt of interim custody recommendations from the evaluator, further Order of Court or agreement of the Parties, the Mother shall have primary physical custody of the Children and the Father shall have partial physical custody on alternating weekends from Friday at 4:30 p.m. through Sunday at 8:00 p.m., beginning Friday, September 28,2001. In addition, the Father shall have custody of the Children every Thursday when the Father shall pick up Jessica and DanieIle after school (3:00 p.m.) at the school bUilding and shall pick up Noah at the Mother's residence immediately thereafter. The Father shall return custody of the Children on Thursday evenings to the Mother at 8:00 p.m. 3. The Mother shall cooperate with the Father in rescheduling the Father's missed weekend period of custody in October when he will be traveling out of town. "-~-_.._.^.. 4. Unless otherwise agreed between the parties, the Father shall provide transportation for all exchanges of custody under this Order. 5. The non-custodial parent shall be entitled to contact the Children by telephone up to one time each day before 8:00 p.m. Ifthere is no answer and the non-custodial parent leaves a message on the answering machine, the custodial parent shall ensure that the Children return the other parent's telephone call. 6. Both parties shall refrain from sharing legal correspondence or other documents and information concerning the custody dispute with the Children. Both parents shall protect the Children's interests by taking the necessary steps to ensure the Children are not involved directly in the custody dispute. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference, if necessary. Edgar B. Bayley, ~ J. /~ C\Cl):D Cc: James A. Miller, Esquire - Counsel for Father Patrick F. Lauer, Jr., Esquire - Counsel for Mother -'-'-'~""-""-' . . .+,..__.....~,~.-,~..- ,-- '-..'..-...__..n...,__n._........ \!1N\-I;\1J..SNN3d )JNnm G\i'n,y::;Pi'ina 8 I :8!{V ;;; - lJU 10 WAYNE JANIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. 01-4772 CNIL ACTION LAW ALISA JANIS, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH Danielle Janis Jessica Janis Noah Janis August 6, 1987 July 10, 1989 April 17, 1997 CURRENTLY IN CUSTODY OF Mother Mother Mother 2. A Conciliation Conference was held on September 18,2001, with the following individuals in attendance: The Father, Wayne Janis, with his counsel, James A. Miller, Esquire and the Mother, Alisa Janis, with her counsel, Patrick F. Lauer, Jr., Esquire. 3. Much to their credit under difficult circumstances, the parties agreed to entry of an Order in the form as attached. Stfl-r-~JuA Date /1 J-dO/ I to., J4~~ Dawn S. Sunday, Esquire Custody Conciliator '--~-'---""'~-'''-'''''' -~.,.+.... Wayne Janis, Plaintiff/Petitioner In the Court of Common Pleas Cumberland County, Pennsylvania v. No.: 01-4772 A1isa Janis, Defendant/Respondent Civil Action - Law In Custody PETITION TO ENFORCEIMODIFV TERMS OF October 1. 2001, CUSTODY ORDER & PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF October 1. 2001 r CUSTODY ORDER NOW COMES, Plaintiff/Petitioner, Wayne Janis, by and through his attorney, James A. Miller, Esquire, pursuant to Pa. R.C.P. 1915.12, 1915.15 and 23 Pa.C.SA section 4346, and respectfully requests that Defendant/Respondent, Respondent, be adjudged in civil contempt by your Honorable Court and that the October 1,2001, Order of Court be enforced/modified and for reasons therefore states: I. Petitioner is Wayne Janis ("Petitioner") the father of three minor children, namely Danielle, DOB 8/6/87; Jessica, DOB 7/10/89; and, Noah, DOB 4/17/97. 2. Respondent is AIisa Janis ("Respondent") and the mother of said children. 3. On August 13, 2001, Petitioner filed a custody complaint and a custody conference was held on September 18, 2001, before Dawn Sunday, Esquire. Attached hereto as Exhibit A is a copy of your Honorable Court's October I, 2001, Order of Court acknowledging the terms of an interim custody agreement between the parties reached before Dawn Sunday, Esquire. 4. Since the entry of said Order, Respondent has violated the terms and spirit thereof thereby rising to the level of contempt and requiring modification to the terms of said Order. 5. Respondent has repeatedly interefered with father's relationship with the children, has refused to accomodate his relationship with the children and has consistently undertaken unilateral decision-making relating to the health, education and welfare of the children without involving Petitioner in such decisions. 6. Specifically, Respondent has in violation of said Order: a. decided to relocate the children from the Camp Hill School District to the East Pennsboro School District on November 21, 2001 without informing and/or discussing such change with Petitioner; b. failed to undertake genuine efforts in providing a make-up weekend as required pursuant to paragraph 3 of said Order; c. denied Respondent's Thursday, October 25, 2001, period of custody; and, d. repeatedly violated paragraph 7 of said Order. 7. Respondent fully understands that the parties' share legal custody of their children and that decisions such as changing schools is a decision requiring Petitioner's involvement (see attached Exhibit B, April 4, 2001, letter from Respondent's prior counsel identitying legal custody decisions requiring agreement by the parties). 8. On July 25, 2001, before Honorable Edgar B. Bayley, Court of Common Pleas, Cumberland County, in the divorce action docket number 00-1087 and the civil support action docket number DR30392, Respondent in response to her then attorney's question "Is there any particular reason why you remained in Camp Hill?", Respondent stated: . "Yes, because that's the school district that my children have always been enrolled in." Transcript, p 16 (see attached copy, Exhibit C). 9. Respondent further bolstered her testimony that the children need to stay in Camp Hill School District when in response to the question posed in cross-examination, "You also testified that you remained in Camp Hill because the kids have always been there and want to remain in school in the Camp Hill school district, correct?", Respondent stated: "That's right. I was trying to have the children go through as little change as possible." Transcript, p 29 (see attached copy, Exhibit C). 10. It is believed and therefore averred that Respondent's move to East Pennsboro Township will involve relocating to a home for her, the three children and Respondent's boyfriend, Mark Eramo and his daughter, Lauren. 1 I. Presently, Respondent is still married to Petitioner. 12. It is believed and therefore averred that Respondent's boyfriend, Mark Eramo, is presently married and engaged in divorced proceedings. 13. The parties pursuant to said Order are engaging in a custody evalaution before Dr. Wallin and it is believed and therefore averred that Respondent has failed to disclose these very important facts about her relocation and cohabitation to Dr. Wallin. 14. Respondent has continually engaged in knowing and willful warfare unlike any other in that she has deemed herself to be the ultimate authority of the children without any consideration given to Petitioner nor, for that matter, very little consideration of the October 1, 2001, Order of Court. 15. Respondent's imminent relocation and cohabitation with Mr. Eramo flies directly in the face and spirit of the interim October I, 200 I, custody order. 16. Short of finding Respondent in contempt for her violations of the October 1, 2001, Order of Court would be to permit and encourage Respondent to continue her course of unilateral action and thereby result in Petitioner's continuing frustration in enjoying ample, healthy time with his children as encouraged by the courts and legislature. 17. Petitioner must be immediately permitted to enjoy his custodial periods without continuing and further obstruction levied by Respondent. 18. The best interests of the minor children will be served by enforcing and expanding Petitioner's periods of partial custody in as much as the children and Petitioner will be able to freely engage in their caring and nurturing relationship without constant obstruction being created by Respondent. 19. The best interests of the minor children will be served by moditying the existing court order to the extent of Petitioner being afforded his normal, customary periods of partial custody including holidays, vacations and summers without intereference by Respondent at every juncture. 20. The best interests of the minor children will be served by preventing the children from relocating to a new school district and living with Respondent in a new home inhabitated by another married man who presently is in the midst of a divorce. WHEREFORE, Petitioner respectfully requests that your Honorable Court: I. hold Respondent in contempt of court consistent with 23 Pa.C.S.A. section 4346 for her knowing and wilful violations of Petitioner's legal and physical custody rights; and, 2. modifYing the existing order to enlarge Petitioner's periods of custody; 3. prevent the children from relocating to a new school district and home; and, 4. award Petitioner the costs and fees associated with bringing this action and enforcing his rights. Respectfully submitted, WA YNI; .JANIS, PlaintilT IN '1'1112 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4772 CIVIL ACTION LAW ALlSA .JANIS, Ikt<:ndalll IN CUSTODY ORDER OF COURT ANI) NOW, tllis _lsL___ day or .Q~lQb_e.R_ , 2001, consideralion or Ihe attached Custody Conciliation Report, il is ordcred and directed as ((Jllows: upon I. Tile parties shall submit themselves, their minor Childrcn, and any othcr individuals dcemcd neeessary by tile evaluator to a custody cvalualion to bc pcrrormed by Pauline Wnllin, PhO. or other professional scleeled by agrcemcnt or thc parties. Thc purpose or the evaluation shall bc to obtain indcpendent professional rccommcndations eoneel'lling ongoing custody arrangemcnts which will best serve the interests or the Childrcn. The parties shall also rcquest I'rom the evaluator' recommendations concerning interim regular and holiday custody a1Tangemcnts pending completion or the evaluation. The parties shall sign any authori7.ations deemcd necessary by the cvaluator in order to obtain addiliorllll inllmllation pertaining to thc partics or the Childrcn. Initially, the partics shall sharc thc costs or the evaluation, with tile Mothcr being responsible for 30'X, and tllc Father being responsiblc [or 70'X,. 1.lowever, tile Father rcserves the right to pctition the Court 1'01' a reallocation or Ihc cvaluation costs aileI' completion. Each party shall eonlaetthe evaluator within 10 days orthe dalc ol'thc Custody Conciliation ('onIC'rence, in order to schedule his or hcr first evaluation session. 2. Pcnding receipt or interim euslody rceommcndatiolls I'rom thc evaluator, I'urther Ordcr or Court or agrcement or the parties, the MOlhcr shall have primary physical custody or the Children and the Falher shall have partial physical custody on allcrnating weckends I'rom Friday at 4:30 p.m. through Sunday al 8:00 p.m., beginning Friday, Scptcmbcr 28,200 I. In addition, the Fathcr shall have custody ol'tlle Cllildren every Tllursday whcn Ihc Father shall pick up .Jessica and Danielle aner school (3:00 p,m.) at tllc school building and shall pick up Noah at thc Mother's residence immediately tllcrealler. Tile FailleI' shall retul'll custody ol'thc Childrcn on Thursday cvenings to thc Mothcr at 8:00 p.m. 3. The Mother shall eooperatc with the Fathcr in rescheduling the Father's missed weckend period ol'eustody in Oclobcr when he will be travcling out or town. 6Nf817 A 4. Unless otherwise agreed between the parties, the Father shall provide transportation for all exchanges of custody under this Order. 5. The non-custodial parent shall be entitled to contact the Children by telephone up to one time each day bcfore 8:00 p.m. If there is no answer and the non-custodial parent leaves a message on the answering machine, the custodial parent shall ensure that the Children retum the other parent's telephone call. 6. Both parties shall refrain from sharing legal correspondence or other documents and infomlation conceming the custody dispute with the Children. Both parents shall protect the Children's interests by taking the necessary steps to ensure the Children are not involved directly in the custody dispute. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parcnt, or hamper the fi'ee and natural development of the Children's love and rcspect for the other parent. Both parties shall ensure that third parties 11aving contact with the Childrcn comply with this provision. 8. Within 60 days of rcccipt of the evaluator's writtcn custody recommendations, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference, if necessary. BY THE COURT, Cc: .lames A. Miller, Esquire - Counsel for Father Patrick F. Lauer, Jr.. Esquire - Counsel for Mother TRUE CO~Y FROM RECORD In TeStimonY~~'her of, I here unto set my hand an~ t Seal of sa; Cour.t ~C1lI;Iisle, Pa. Thl ......rJ....... ay .lS!. ..c.t......, 4f..l _'ll. ..... .'0 . ..... '" . P othonota/'Y. / WAYNE JANIS, Plainti ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4772 CIVIL ACTION LAW ALISA JANIS, Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: ]. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF' BIRTH CURRENTLY IN CUSTODY OF Danielle Janis Jessica Janis Noah Janis August 6, ] 987 July 10, 1989 April 17, ] 997 Mother Mother Mother 2. A Conciliation Conrcrcncc was hcld on Septembcr 18,2001, with the following individuals in attendance: The Father, 'vVayne Janis, with his counsel, .lames A. Miller, Esquire and the Mother, Alisa Janis, with her counsel, Patrick F. Lauer, .fr., Esquire. 3. M\lch to their credit under difficult circumstances, the parties agreed to entry of an Order in the form as attached. /' , - , j,_,: I >-' '.. J ,<' Date Dawn S. Sunday, Esquire Custody Conciliator ~:..._'~.', - - -- ........-.. ,'. :..;'- .- MICHAEL S. TRAVIS ATTORNEY AT LAW 4076 MARKET STREET, SUITE 209 CAMP HILL, PA 17011 TELEPHONE (717) 731-9502 FAX (717) 731-9511 April 4, 2001 VIA FACSIMILE AT 737-5355 AND US MAIL James A. Miller, Esquire 2010 Market Street Camp Hill, PA 17011 Re: Janis v. Janis, No. 00-1078, In Divorce Dear Mr. Miller: My client has asked that I contact you regarding Mr. Janis' visitation with the children. Apparently, Mr. Janis has unilaterally decided that he wanted to take the girls for "counseling." Mr. Janis has failed to advise who or where this counseling would take place. As you are aware, my client has shared legal custody of the children and decisions of this nature must be agreed upon by the parties. Kindly advise Mr. Janis that he is prohibited from taking the children to any form of counseling without my client's consent. Additionally, it is my understanding that Mr. Janis has filed harassment charges against Mr. Eramo. I urge you to ask Mr. Janis to reconsider this action and withdraw the pending charges against Mr. Eramo. My understanding is that the verbal exchange was predicated upon the removal of the Yukon. I have spoken with my client, and with the cooperation of Mr. Janis, there should be no further confrontations or discussions between these persons, particularly as the issue has been addressed by the Court. Further, I must ask that when Mr. Janis contacts my client for custody exchanges that he please be polite and refrain from shouting at Ms. Janis, calling names or otherwise taking any action to rile my client. If this cannot be accomplished, then we will have to insist that all discussions take place through counsel only. MST/dt pc: Alisa Janis ravis <<1f,1,! 13 1 2 Q A No, that was never a consideration. ""'."1'''.''.'.' . ,,,. . ,.",,~ . .!)';"~:.""~' ,,-, who's presently responsible for getting the 3 children to and from any activities that they might have? 4 A 5 6 7 8 to move I am. Q You are responsible? A That is correct. Q When it was determined that you were going well, let me ask it this way. The marital 9 residence, did you come to a point where it was decided 10 that you were going to sell that property? J.1 12 13 14 15 correct? 16 17 A Before I moved out? Q Yes. A Yes. Q And that property was recently sold, is that A That is correct. Q So you had an agreement with Mr. Janis that 18 that property would be sold and you would both move from 19 the property, is that correct? 20 A Yes. 21 Q Is there any particular reason why you 22 remained in Camp Hill? 23 A Yes, because that's the school district that 24 my children have always been enrolled in. 25 ::. Q Do you know where Mr. Janis lives? 16 GlffJ'/7" C ~, 1-- ,-__, ~~ I. _.....-------_.-=---____ 1 . '~i. ;,<:;:r,ii~!lj\~tll't~""ir'~"~'~'I:;;;c"'\':,r,s>,":,"4':.i^' "'G,;,,,," ""'~..;,.', ":,::"";"':;.i;.:;;~ ~S'Z))~,. ~ number of utili ties was included as the total fig\.\re.'l:h~~ .,;. ;.' :..... .; , 2 gave of $400.00. I don't believe that's a duplication. THE COURT: Okay. 3 4 BY MR. MILLER: 5 Q And it's your testimony that there was no 6 discussion with Mr. Janis about you returning to work 13 15 19 A Like I mentioned, he was trying to encourage 7 full-time? 8 9 me that that's what I needed to do. 10 Q You also testified that you remained in Camp 11 Hill because the kids have always been there and want to 12 remain in school in the Camp Hill school district, correct? A That's right. I was trying to have the 14 children go through as little change as possible. Q Well, how do you explain your Sea Isle 16 response where you want to move to Sea Isle? 17 A Because that happens to be a property that I 18 could maintain. It's a surrounding area that the children are familiar with. It's a 20 small school. 21 22 23 24 25 They've toured the school. Q Do you have a job in New Jersey? A No, I don't have a job in New Jersey. Q Have you sought employment in New Jersey? A No, I have not. Q Do you realize the impact that would have on 29 YERIEICAIION I verifY that the statements made in the attached 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:_~J~L. '7 "ttlOJ 'W"yvvJ,,-0 . . Wayne Janis, Plaintiff/Petitioner In the Court of Common Pleas Cumberland County, Pennsylvania v. No.: 01-4772 A1isa Janis, Defendant/Respondent Civil Action - Law In Custody CERTIFICA TE OF SERVICE I, James A. Miller, Esquire, hereby certifY that I have forwarded a copy of the ~ c/&f..,v / foregoing PETITION TO ENFORCE TERMS OF .F,f1l~Y'1' "v_II, 2001, CUSTODY ORDER & PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF October 1, 2001, CUSTODY ORDER, and ORDER OF COURT FOR HEARING, to the person(s) and in the manner and on the date so indicated below. 13 Date: November ~ 2001 HAND DELIVERED Law Offices of Patrick F. Lauer, Jr. Patrick F. Lauer, Jr., Esquire 2108 Market Street Aztec Building . Camp Hill, Pennsylvania 17011 ller, Esquire et Street Camp I, PA 17011 (717 37-6400 . . I:!J~ Q C> ~ ~~ c: S': S .... '-~ -00:> r-\- . n1rTl ..~ ~~ z::u zc-.,: <J1 _U (/)z (~){ ~ -L:' 8 ~CJ -L.. -0 B~ - I~ ::11: P z ~ ~ t:'? ~ - ~ ,p -<~ . '3' - - ==-- ~ . . WAYNE JANIS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-4772 CIVIL ACTION LAW ALlSA JANIS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, November 26, 2001 . upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mecbanicsbnrg, PA 17055 on Tnesday, December 18, 2001 at 10:00 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. 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: Isl Dawn S. Sund4J'. Esq. ~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB 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 j~~ If! t' II J- ~~ f$J rff i~f e.. ==>J::. ~ . ~ -;:- b- ~"'" ...;) . ~ ~~ (') c::> !; n -off; ? 71 rn n~~ r.:3 Z::x' ,,0;: Z-"I Cf)<;;" N -< :z" -J kO ~8 ~ 5>C ":-? ~ ~ ., ,';!,'P ~)d () L ;.:,(J -:-" I.:> :::! Zo .m ~ ?i3 -< WAYNE JANIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 01-4772 CIVILACTIONLAW ALISA JANIS, Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Danielle Janis Jessica Janis Noah Janis August 6,1987 July 10, 1989 Apri117,1997 Mother Mother Mother 2. A Conciliation Conference was held on December 18, 2001, with the following individuals in attendance: The Father, Wayne Janis, with his counsel, James A. Miller, Esquire, and the Mother, Alisa Janis. 3. The Mother stated that her counsel, Patrick F. Lauer, Jr., Esquire, did not attend the Conference because he did not feel it was necessary in light of the allegations of the Father's Contempt Petition. Unfortunately, the absence of the Mother's counsel, particularly in such a highly contentious case, significantly hindered the prospects of reaching a resolution at the Conference. 4. The Conciliation Conference was scheduled in response to the filing of the Father's Petition for Contempt. However, there was also discussion ofthe issue of primary physical custody, which had been raised by the Father in prior proceedings, resulting in the parties' participation in a custody evaluation by Pauline Wallin, PhD. According to the Mother, Dr. Wallin informed her that she had completed the evaluation and would issue the written recommendations within approximately three weeks. According to the Father, Dr. Wallin plans to conduct an additional interview with a third party before issuing her recommendations. Other than the Christmas holiday custody arrangements, the parties were not able to reach an agreement as to the outstanding custody matters and it will be necessary to schedule a hearing on the Father's Petition for Contempt. If the parties are not able to resolve the primary custody situation after receiving Dr. Wallin's recommendations, it will be necessary to schedule a Hearing on that issue as well. Therefore, it may be beneficial to consolidate both the contempt and primary custody issues in a single hearing at this time. Dr. Wallin's recommendations should be available well in advance of the Hearing date. 5. The Father's position on custody is as follows: The Father's main concern in the Contempt proceedings is that the Mother moved the Children from Camp Hill to the East Pennsboro school district after Thanksgiving without notifying or consulting with the Father. The Father believes that both changes in residence and school district are significant legal custody issues which should have been discussed with him. The Father believes the Mother wants to shut him out of the Children's lives and seeks regular sharing of information concerning the Children from the Mother, including both medical and school related information. The Father stated that the Mother failed to make the Children available for his period of custody on October 25, 2001 and also failed to cooperate with him in scheduling a make-up period of custody pursuant to the prior Order of this Court dated October 1, 2001. The Father denied the Mother's representations that she had offered to schedule make-up periods of custody on various dates. The Father believes that the Mother should share in providing transportation for exchanges of custody, with the party receiving custody to transport the Children. The Father also seeks some flexibility in the exchange times so that he is not penalized for being just a few minutes late for an exchange. The Father believes a transfer of primary physical custody of all the Children to him would serve their best interests. 6. The Mother's position on custody is as follows: The Mother adamantly denied the allegations raised by the Father in his Petition for Contempt. The Mother stated that she had made several offers to the Father to reschedule the October 25 period of custody and also to schedule the make-up period pursuant to this Court's prior Order. The Mother acknowledged that she did not notify the Father before emolling the Children in the East Pennsboro school district because she believed he did not need to know, The Mother stated that ifhe had known, the Father would have interfered with the transfer of emollment. The Mother stated that the Children were excited about their move both to the new residence and to the new school. The Mother explained that she was very familiar with the East Pennsboro school district and believed the move would be in the Children's best interest. The Mother denied any intention to interfere with the Father's relationship with the Children but stated that the Father had embarrassed the Children in the Camp Hill schools by raising custody issues with school personnel when their involvement was not necessary. The Mother argued that the Father should be required to provide all transportation for exchanges of custody because, as primary custodian, she provides transportation for the Children to school and activities on a regular daily basis. The Mother strongly opposes the Father's request for primary physical custody of the Children and would oppose any consideration of separating the Children on a custody schedule. The Mother objects to participation by a third party (the wife of the man to whom the Mother indicated she was engaged) in the custody evaluation. Finally, the Mother specifically requests that this matter be reassigned to a different judge for Hearing as she believes the previously assigned judge is biased against her. 7. The parties were able to reach an agreement at the Conference as to the Christmas holiday arrangements for 2001. The parties agreed that the Father would have custody of the Children under the regular custody schedule during the weekend before Christmas. The Mother would have custody from the end of the Father's weekend period of custody through Christmas Day at 3:00 p.m. and the Father would have custody from Christmas Day at 3:00 p.m. through December 26 at 8:00 p.m. The Father would not have custody of the Children for his regular Thursday evening period of custody on December 27, 2001. Further, the Father agreed that he would not have custody of Danielle for his Thursday evening period of custody on December 20 so that Danielle could attend a dress rehearsal for the Christmas play at church. The Father also agreed to make Danielle available to participate in the church play on Sunday, December 23,2001 at 9:30 a.m. and at 6:30 p.m. 8. Unfortunately in this case the parties are barely able to communicate civilly with each other to even discuss the custody issues, as a result of the highly emotional and contentious issues surrounding the parties' separation and ongoing divorce. Hopefully, before it is too late for the Children, the parties will recognize the necessity of obtaining counseling or other assistance to enable them to effectively communicate and cooperate as parents. 9. The Conciliator recommends an Order in the form as attached scheduling a Hearing in this matter. The Father's counsel indicated that the only expert witness he expects to present may be Dr. Wallin. The Father does intend to introduce tape recordings into evidence. The Mother was not aware of her counsel's plan for presentation of testimony, expert or otherwise, at a Hearing. It is expected that the Hearing will require at least one day if both the Contempt and primary custody issues are consolidated'Du~A dO de7o/ L/7 i /1 . fi Date ' D~~C(J Custody Conciliator WAYNE JANIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 01-4772 CIVIL ACTION LAW ALISA JANIS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 31':l dayof~. ,20~, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearjn!; !s scheduled in C urt Room # ~ , of the Cumberland County Court House, on the ~ day of , 2002, at I '. 1, D o'clock, +.m., at which time testimony 11 be taken or purposes of the Hearing, the Father, Wayne Janis, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the Hearing date. 2. Over the Christmas holiday in 2001, the Mother shall have custody of the Children from Christmas Eve through Christmas Day at 3:00 p.m. The Father shall have custody from 3:00 p.m. on Christmas Day through 8:00 p.m. on December 26. The Father's next regular Thursday evening period of custody following Christmas shall be on January 6,2002. 3. The Father shall ensure that Danielle, is made available during his period of custody for dress rehearsal of the Christmas play on Thursday, December 20 and for the play on Sunday, December 23,2001 at 9:30 a.m. and 6:30 p.m. 4. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated October 1, 2001 shall continue in effect. cc: James A. Miller, Esquire - Counsel for Father Patric~ F. Lauerdr:~~s~uire - Counsel for Mother ~1;.~~ J. , \ \i\N'iff\l)"SNtBd jJ.Nfl08 O~\'1l\:\:;gVl("\1 00:2"\<1 \ S :J3(l \0 )\X:N.\IO"""'1'" , . ".", it." \' '''''LI~ t"''-' ..l-.,,,,,.,,.~ '3:J\UO-Cb\\j :10 Wayne Janis, Plaintiff/Petitioner In the Court of Common Pleas Cumberland County, Pennsylvania v. No.: 01-4772 A1isa Janis, Defendant/Respondent Civil Action - Law In Custody ORDER OF COURT AND NOW, this ~ '] day of ~ C<<II-1..o . 2002, the hearing \ scheduled for January 30, 2002, 1 :30 p.m is hereby continued to April 18, 2002, 8:45 a.m. The parties shall submit their trial memorandums ten (10) days prior to the hearing. BY THE COURT: Honorable Edgar B. Bayley \ <-8:1 0\'\ \Ie ~ ~tt~ Lo..l1.eR. ~~ OI-J3 - 02- RXS '<tlN\fA1ASNN3d AlNnOO ON\fl!:!38V'ln:J 9'1 :11 WV rz Nvr ZO IlJU10NO" '.", ,,, . '0 ^O'i. .1 nll.-tJd. jrU. .:J 3::J1.:J~o-(B11:J Wayne Janis, Plaintiff In the Court of Common Pleas Cumberland County, Pennsylvania v. No: 01-4772 A1isa Janis, Defendant Civil Action - Law In Custody STIPULATION FOR CUSTODY AND NOW, this 1L day of Ail: I ' 2002, Plaintiff, Wayne Janis ("Father") and Defendant, Alisa Ja s ("Mother") stipulate and agree that legal and physical custody of their subject natural born children, Danielle, DOB 8/6/87, Jessica, DOB 7/10/89 and Noah, DOB 4/17/97, shall be as follows: 1. Mother and Father shall share legal custody of their children as such relates to their health, . education and welfare. The parents agree that Noah will attend the East Pennsboro School District for the 2002-2003 school year. 2. Physical custody of the children shall be as follows: A. Danielle and Jessica shall be with Mother except as follows: 1. Every other weekend commencing 4:30 p.m. Friday, April 26, 2002, through Sunday evening, April 28, 2002, 8:00 p.m. and such weekend schedule shall continue on an alternating basis with Father. Mother shall pick the girls up at the end of this custodial period. 2. During the interim week (when Father does not have the following weekend), Thursday nights from after school through 8:30 p.m. Father shall pick the girls up at the beginning of his custodial period and mother shall pick them up at the end. Janis Custodv Order t B. Noah shall be with Mother and Father as follows: Noah Noah ! ...............(;)~!.r~.I!!.~..t........ ...........1 .....) :.[).~X.O.f..":I..e.~..k. ...........: "WEEiCONE , :. ....h................ ............................ ..., ....................... ..................... ................( L~..~.~.~.~.Y......._ . ...................................... ..........................Y:!..~..'i..~.~... . ..............,.... A lisa ........................i jTuesday Alisa Wayne ....l rYY.-.~.-~.-~.-~.-~..~~'i....................... ..m..'!!.~.Y..~.~....... .......... .......m.......yJ....~.i~..~...- ......mm................l ~Thursday Wayne' Alisa n=.,.yd'iy..."'....--'"'' ----- .m__-',__'.''''__,','' . "...W.... W """"'/dis"a""'" .- t-...... ......A irs'a'" ............. W'" .."'....,,{ ~.S..aiu.rda.y.... ....................................~,.... ..............A.Hs.a..... ....................~. ..............................A."fj.s.s: l l~y!:'.~..C!:X... ............m................~.~~~.~ .....................' . . .......~.~!.~ ~..........mmm......... } .........r.. uwEEKTWO -'-"l Alisa ......................Alisa ..........vv~iJ;.e............................., ................~..~.y..!:'.~....... .................................... Alisa Wayne W"s'y'n's'" Alisa ...............! ..! ,... j~__~.rl.~ca}.... ~Tuesday :'i.ii's'cfii'e's'cfii'y" ..............................,.. l!~ur"~a~ ........u.uu.................... ............ !Friday ~Saturday :'ifu'n'(i'a'y 'j ....................~x.~.~......... ! YY__8:t~.e. ......... ...__....1 Alisa ' ..W.a.y...ne.... "i l Wayne ~ . 'Wayne', ..........f.. 1. Father shall have every Tuesday at 3:30 p.m., or if Noah is in School then after school lets out, through Thursday morning, 8:00 a.m. Father shall pick Noah up at school or from the bus stop during these weekday custodial periods 2. On Father's weekend with Noah, he shall deliver Noah to school or to Mother by 8:00 a.m. Monday. Father will pick Noah up at Mother's house with Danielle and Jessica as defined above in section 2A(1 ). 3. SUMMERS: The schedule above shall remain the same throughout the summer excepting Father's right to enjoy three (3) non-consecutive, uninterrupted weeks of vacation with the children with sixty (60) days advance notice to Mother. Father shall be responsible for picking up the children at the beginning of his custodial periods and Mother shall be responsible for picking them up at the end of Father's custodial periods. 4. FIRST RIGHT OF REFUSAL: In the event either Mother or Father is unable or unwilling to exercise his or her periods of custody as provided herein, then the other party shall be entitled to such periods of custody and shall have the right to elect such period prior to the placement of the child(ren) with a third party. If either party elects not to exercise their first right, then the other party has the right to know and approve the third selected. Janis Custodv Order 5. HOLIDAYS: A. The parties shall alternate the following holidays - Thanksgiving, Christmas, New Years and Easter. 1. in even years, Father shall have the eve of the holiday from 6 p.m. through 3 p.m. on the day of the holiday and Mother shall enjoy the remaining portion of the holiday; 2. in odd years, Mother shall have the eve of the holiday from 6 p.m. through 3 p.m. on the day of the holiday and Father shall enjoy the remaining portion of the holiday. B. Mother shall have custody every year on Mother's Day and Father shall have custody every year on Father's Day; each from 9 a.m. through 5 p.m. in the event such day does not fall on either parent's regularly period , 'of custody and the parent receiving such day shall be entirely responsible for the transportation involved. C. The non-custodial parent shall enjoy the birthdays of the children for a period of three (3) hours and the non-custodial parent shall be entirely responsible for the transportation involved. In the event the non-birthday children have other activities planned, the non-custodial parent exercising his or her three (3) hour period shall not demand that the non-birthday children attend. 6. GENERAL: A. Father and Danielle and Jessica, at Father's cost(s), may participate in counseling. B. The welfare and convenience of the child shall be the prime considerations of the parties in any application of the provisions of this Order. Both parents shall listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. C. The parents are to deal directly with one another and not through the children in relaying information. " D. Neither parent nor a third party within the parent's circle shall speak disparagingly of the other parent. Each of the parents and any third party in the presence of the children shall take all appropriate measures to foster a feeling of affection between the children and the other parent. Neither par!)nt shall do nor shall either parent permit any third person to say Janis Custodv Order l . anything which may estrange the children from the other parent or the relatives or injure the child's opinion of the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. E. The parents shall cooperate with each other to the extent reasonable and possible with regard to any make-up time. F. In the event the parents agree that behavioral problems are developing with Noah, they will work towards resolving such problem(s) with Noah's best interests in mind. For example, if Noah appears disturbed on Sunday evenings when the girls return to their mother, the parents will instill reasonableness and practicality in determining the child's best interests. G. With respect to telephone calls, both parents agree to use common sense in scheduling telephone calls to talk to the children. Both parents agree to refrain from preventing the parent who may be calling from talking to the children, provided that the telephone calls are not excessively frequent or so long in duration that they disrupt the children's schedule. H. If either party and the children are not in town and are on vacation, the other party shall receive a phone number for emergency purposes only. 1. The parties acknowledge that Mother will be out of town from May 3 thorugh May 7 with Noah and Father's lost time with Noah shall be made up within two (2) weeks of return. IN WITNESS WHEREOF, Plaintiff and Defendant set their hands and seals the date first written above. WITNESS: tt#( (k /1 ~At41h,~4' 1J a..... ^O a,^ C) ~s U ~~ Alisa Janis tf Janis Custodv Order b'; ~, UJ~~ <;;!i-::) r.c :~'i' C),::- 'j' OC tU'-- -dUJ (C.-r- t-= u_ o . ;'" C') ...::l CO Ole":: 0:) ~ Z ::-:).:;'" :c~-S3~- ~ '-)-::'"_J ;~)- -'::S'!i ,-'I" -7' .~liD COO- ::?: '3 ce. ~ N CO . Wayne Janis, . Plaintiff In the Court of Common Pleas Cumberland County, Pennsylvania v. No: 01-4772 A1isa Janis, Defendant Civil Action - Law In Custody ORDER AND NOW, this (f day of 2002, upon review and consideration of the Stipulation for Custody etween Plaintiff, Wayne Janis ("Father") and Defendant, A1isa Janis ("Mother") concerning legal and physical custody of their subject natural born children, Danielle, DOB 8/6/87, Jessica, DOB 7/10/89 and Noah, DOB 4/17/97, it is hereby: ORDERED, that: I. Mother and Father shall share legal custody of their children as such relates to their health, education and welfare. The parents agree that Noah will attend the East Pennsboro School District for the 2002-2003 school year. 2. Physical custody of the children shall be as follows: A. Danielle and Jessica shall be with Mother except as follows: I. Every other weekend commencing 4:30 p.m. Friday, April 26, 2002, through Sunday evening, April 28, 2002, 8:00 p.m. and such weekend schedule shall continue on an alternating basis with Father. Mother shall pick the girls up at the end of this custodial period. 2. During the interim week (when Father does not have the following weekend), Thursday nights from after school through 8:30 p.m. Father shall pick the girls up at the beginning of his custodial period and mother shall pick them up at the end. Janis Custodv Order B. Noah shall be with Mother and Father as follows: ........................ L'-lond.a.x ., iTuesday . ~.~.~_ t"~.-.#.#.-~.~..~A~.i .................. .................. L!.~.,.~.E~~~_X _ _ ~'" _ ,._...".,_.w _ _ __, .m'm, LF..'.i<!~J.....~u..u..u. jSaturday j$ unday ~....................-. I Noah I ......1. ..........()~.~..~ I g ~~uu.l '~~.uAiisii~~..' ..i~..~~u.. .i ..........1 .............YY.__~_YT~.~.... ....) ~ Wayne ! :..:::.ul'.......:I:I~.E.~.::~:~'...1 I Ailsa I i Alisa ! ...............; ....1 . ...,~.. .'.W'EEifrWol '.~I ..~u.~.~uuuu.u .uu....,.. . ............u....Uu.u.uu..u ..u., [Monday ............................... ..............AA..II,~Ss...aa ...............J................wAlisal L!.~.~.~.~.~J................. ~ a y n e , jW e d n es day .....................+...... ......................W.s.y..;;.s........................ ....;............................mw..s.y.;;.s...............................i If..h.."..scliii.........u........ ............................... . . . .....0!.~.i.~.~...... . .1...;o;fi~IlJ :Friday Alisa l.... .VY..8..Y.."-8. I jSaturday Wayne ~ Wayne t r~fu.n.i:h~.y........ .......................... ,\i\iay';;"sm .. ...........T.. ... ....\N..s.y.n.s ...............l Noah LD"y..()~V<lee.~... .............t... vii'einCoiiie '/'J.~in;;u Alisa Way ne . .............\j{a.y.n.e '" ",w'--A"irs-'a-'~- .h....~...............m .h..........A.Ws.a.... Alisa 1. Father shall have every Tuesday at 3:30 p.m., or if Noah is in School then after school lets out, through Thursday morning, 8:00 a.m. Father shall pick Noah up at school or from the bus stop during these weekday custodial periods 2. On Father's weekend with Noah, he shall deliver Noah to school or to Mother by 8:00 a.m. Monday. Father will pick Noah up at Mother's house with Danielle and Jessica as defined above in section 2A(I). 3. SUMMERS: The schedule above shall remain the same throughout the summer excepting Father's right to enjoy three (3) non-consecutive, uninterrupted weeks of vacation with the children with sixty (60) days advance notice to Mother. Father shall be responsible for picking up the children at the beginning of his custodial periods and Mother shall be responsible for picking them up at the end of Father's custodial periods. 4. FIRST RIGHT OF REFUSAL: In the event either Mother or Father is unable or unwilling to exercise his or her periods of custody as provided herein, then the other party shall be entitled to such periods of custody and shall have the right to elect such period prior to the placement of the child(ren) with a third party. If either party elects not to exercise their first right, then the other party has the right to know and approve the third selected. Janis Custodv Order 5. HOLIDAYS: A. The parties shall alternate the following holidays - Thanksgiving, Christmas, New Years and Easter. 1. in even years, Father shall have the eve of the holiday from 6 p.m. through 3 p.m. on the day of the holiday and Mother shall enjoy the remaining portion of the holiday; 2. in odd years, Mother shall have the eve of the holiday from 6 p.m. through 3 p.m. on the day ofthe holiday and Father shall enjoy the remaining portion of the holiday. B. Mother shall have custody every year on Mother's Day and Father shall have custody every year on Father's Day; each from 9 a.m. through 5 p.m. in the event such day does not fall on either party's regularly period of custody and the party receiving such day shall be entirely responsible for the transportation involved. C. The non-custodial parent shall enjoy the birthdays of the children for a period of three (3) hours and the non-custodial parent shall be entirely responsible for the transportation involved. In the event the non-birthday children have other activities planned, the non-custodial parent exercising his or her three (3) hour period shall not demand that the non-birthday children attend. 6. GENERAL: A. Father and Danielle and Jessica, at Father's cost(s), may participate in counseling. B. The welfare and convenience ofthe child shall be the prime considerations of the parties in any application of the provisions of this Order. Both parents shall listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. C. The parties are to deal directly with one another and not through the children in relaying information. D. Neither parent nor a third party within the parent's circle shall speak disparagingly of the other parent. Each of the parents and any third party in the presence of the children shall take all appropriate measures to foster a feeling of affection between the children and the other parent. Neither parent shall do nor shall either parent permit any third person to say Janis Custodv Order anything which may estrange the children from the other parent or the relatives or injure the child's opinion of the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. E. The parties shall cooperate with each other to the extent reasonable and possible with regard to any make-up time. F. In the event the parents agree that behavioral problems are developing with Noah, they will work towards resolving such problem(s) with Noah's best interests in mind. For example, if Noah appears disturbed on Sunday evenings when the girls return to their mother, the parents will instill reasonableness and practicality in determining the child's best interests. G. With respect to telephone calls, both parents agree to use common sense in scheduling telephone calls to talk to the children. Both parents agree to refrain from preventing the parent who may be calling from talking to the children, provided that the telephone calls are not excessively frequent or so long in duration that they disrupt the children's schedule. H. If either party and the children are not in town and are on vacation, the other party shall receive a phone number for emergency purposes only. I. The parties acknowledge that Mother will be out of town from May 3 thorugh May 7 with Noah and Father's lost time with Noah shall be made up within two (2) weeks of return. J. C!..cft ~I V~f) 10 ~~ (fl,ll{r' eaf), ,vra',/pd ~ ~/r/cL rLau~Ji, If - Ir -0;;' Janis Custodv Order >- en f:; (~ ...:l <.1 "-5 ,~ ~ c;c <t: , r-:) UJ',',:". ;:::,. ( )/' ~) ..r.., ~~( ~.<._" <1 w- ~ <iY.::c. -" '.t._ .-'- ,. ::J (~ r~' >c -.,.1 C': co UJ C.l~~: ~) Z t,J.j ..' cc Z _,~I co: uJ l.U u: Cl_ CDeL """ "=:;. LL_ ('0.) ::J Cr 1;:J (.) t Wayne Janis, Plaintiff In the Court of Common Pleas Cumberland County, Pennsylvania v. No: 01-4772 Alisa Janis, Defendant Civil Action - Law In Custody EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P. 1915.13 NOW COMES Petitioner, Wayne Janis, by and through his attorney, James A. Miller, Esquire, and respectfully petitions your Honorable Court for special relief and award Petitioner the right to take his children on summer vacation and for reasons therefor states: 1. Petitioner is Wayne Janis (hereinafter "Father"). 2. Respondent is Alisa Janis (hereinafter "Mother"). 3. The parties are the parents of the minor children, Danielle, DOB 8/6/87, Jessica, DOB 7/10/89 and Noah, DOB 4/17/97. 4. On April 18, 2002, an Order of Court defining custody between the parties over the named children herein was entered by way of stipulation (see attached Exhibit A attached hereto, April 18, 2002, Custody Order). 5. In accordance with paragraph 3 of said Order, Father notified mother of his second week of vacation in Ocean City Maryland with the children electing June 29, 2002, through July 5,2002. 6. Mother rejected father's request for said weekend. 7. Attached hereto as Exhibit B is Mother's May 13, 2002, response to Father denying his request for his first and second weeks of vacation during the summer 2002, based upon Father first not having given Mother 60 days (Order of Court entered April 18, 2002 and received by Father on April 23, 2002) notice of the first week (June 10 through 16) and that one day in that first week of vacation overlaps Mother's normally scheduled weekend. 8. Father acknowledges that one Saturday of the first vacation period partly overlaps Mother's normally scheduled weekend however, in accordance with paragraph 6 (I) of said Order (Exhibit A), Mother was to provide Father with one day make-up within two weeks of said Order and has unilaterally refused to do unless such fit Mother's schedule (Exhibit B). 9. With regard to Father's second week of vacation, Father has deposited the funds with the rental agency and has offered Mother to switch weekends. 10. Mother flatly refuses to offer any compromise with Father. 11. Since initiating this action, Mother has been negatively responding on a consistent basis to Father's requests for custodial periods. 12. The undersigned contacted Mother's counsel, Patrick F. Lauer, Jr., Esquire in an effort to resolve this issue. 13. Based upon information and belief, it is believed that Mother has since terminated her engagement of Patrick F. Lauer, Jr., Esquire. 14. Father's only avenue available affording him the right to vacation with his children is through your Honorable Court. 15. Your Honorable Court has the authority to grant the relief requested herein. WHEREFORE, pursuant to Pa. R.C.P. 1915.13, Father respectfully requests your Honorable Court to grant Father the right to vacation with his children from as identified hereinabove in paragraphs 5 and 7. Respectfully Wayne Janis, Plaintiff In the Court of Common Pleas Cumberland County, Pennsylvania v. No: 01-4772 Alisa Janis, Defendant Civil Action - Law In Custody ORDER AND NOW, this JK.!:. day of Ll b r 1\ , 2002, upon review and consideration of the Stipulation for C~y between Plamtlff, Wayne JanIs ("Father") and Defendant, Alisa Janis ("Mother") concerning legal and physical custody of their subject natural born children, Danielle, DOB 8/6/87, Jessica, DOB 7/10/89 and Noah, DOB 4/1 7/97, it is hereby: ORDERED, that: I. Mother and Father shall share legal custody of their children as such relates to their health, education and welfare. The parents agree that Noah will attend the East Pennsboro School District for the 2002-2003 school year. 2. Physical custody of the children shall be as follows: A. Danielle and Jessica shall be with Mother except as follows: I. Every other weekend commencing 4:30 p.m. Friday, April 26, 2002, through Sunday evening, April 28, 2002, 8:00 p.m. and such weekend schedule shall continue on an alternating basis with Father. Mother shall pick the girls up at the end of this custodial period. 2. During the interim week (when Father does not have the following weekend), Thursday nights from after school through 8:30 p.m. Father shall pick the girls up at the beginning of his custodial period and mother shall pick them up at the end. ~lf'Jf-r It Janis Custotlv Order ....... ~- '. '... .\ ,. r l'V.~" ~,~ \ ~.' . .,~ ,") .. f. . 'J,'~" B. Noah shall be with Mother and Father as follows: Oay.ofWe.ek Noah [Monday [T LJ.ll. 0;. d a L.u .uu 'U' u.. uu.. iWednesday [:rh.uro;da y iFriday :Saturday ,Sunday Noah 1 ! Overnight ! ...... .....-......... ........ ....W..e.E.i(...O.P;;.E.................. ....i....................-.........................................................t .......................[ .............................. ............................. ..............~ ....................... ..................-.......~.._......-....................................................................j ............ .............. ... ............. ...............il;~it-m~m~L~~~~~~fi:~~..~;j .uuuu..uuuuuuuu.uuuu.'.'.I.i.o;.Ol...u.....u...............uu..L...u..........u.....u.......'.'.!.~o;.Ol.......u....u....u....u.......i Alisa i A Ii sa i uu . ..u. ...uuuuuuAli.sau. uu.u.u..uuuuuuu..uuuuuuuu...u...uu~.li.s.llu......uu.u.J ,-.. . ................................... ..................n.~........n........................................................ ...........1 .-........ ..... ............ ....... .. ...... ..... .... . .... .... ..... .......~..~.~.~...!..~.~.....h.................l......................h...h............................ ...................1 . .... ... ................. . ................ .......t .........h.......................... ...................... A lisa.. .... ..........uuuJuuUUqu..uu~lisaqu..qUu.qqUq! Alisa . . i Wayne ! u,.........u..........wayn.e...........................J...:......::..........::..:....iN.~.y.;;:e.........................::J Wayne ; Alisa ! ..u..Aiisau...............................'..............................W.a.y.ii.e...............................; Wayne fWa'lne .: . .... qu....uWa'l.;;e.................<............................w..ay.;;.e............................1 ,Monday :Tullsda'l .....e.dl1.e s day 'Thursday ,Froday is' a tu reia.yu..................... :Sl'nday.. I. Father shall have every Tuesday at 3:30 p.m., or if Noah is in School then after school lets out, through Thursday morning, 8:00 a.m. Father shall pick Noah up at school or from the bus stop during these weekday custodial periods 2. On Father's weekend with Noah, he shall deliver Noah to school or to Mother by 8:00 a.m. Monday. Father will pick Noah up at Mother's house with Danielle and Jessica as defined above in section 2A(1). 3. SUMMERS: The schedule above shall remain the same throughout the summer excepting Father's right to enjoy three (3) non-consecutive, uninterrupted weeks of vacation with the children with sixty (60) days advance notice to Mother. Father shall be responsible for picking up the children at the beginning of his custodial periods and Mother shall be responsible for picking them up at the end of Father's custodial periods. 4. FIRST RIGHT OF REFUSAL: In the event either Mother or Father is unable or unwilling to exercise his or her periods of custody as provided herein, then the other party shall be entitled to such periods of custody and shall have the right to elect such period prior to the placement of the child(ren) with a third party. If either party elects not to exercise their first right, then the other party has the right to know and approve the third selected. Janis Custody Order 5. HOLIDAYS: A. The parties shall alternate the following holidays _ Thanksgiving, Christmas, New Years and Easter. I. in even years, Father shall have the eve of the holiday from 6 p.m. through 3 p.m. on the day of the holiday and Mother shaH enjoy the remaining portion of the holiday; 2. in odd years, Mother shall have the eve of the holiday from 6 p.m. through 3 p.m. on the day of the holiday and Father shall enjoy the remaining portion of the holiday. B. Mother shall have custody every year on Mother's Day and Father shall have custody every year on Father's Day; each from 9 a.m. through 5 p.m. in the event such day does not fall on either party's regularly period of custody and the party receiving such day shaH be entirely responsible for the transportation involved. C. The non-custodial parent shall enjoy the birthdays of the children for a period of three (3) hours and the non-custodial parent shaH be entirely responsible for the transportation involved. In the event the non-birthday children have other activities planned, the non-custodial parent exercising his or her three (3) hour period shall not demand that the non-birthday children attend. 6. GENERAL: A. Father and Danielle and Jessica, at Father's cost(s), may participate in counseling. B. The welfare and convenience of the child shall be the prime considerations of the parties in any application of the provisions of this Order. Both parents shall listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. C. The parties are to deal directly with one another and not through the children in relaying infonnation. D. Neither parent nor a third party within the parent's circle shall speak disparagingly of the other parent. Each of the parents and any third party in the presence of the children shall take all appropriate measures to foster a feeling of affection between the children and the other parent. Neither parent shall do nor shall either parent pennit any third person to say Janis Custody Order anything which may estrange the children from the ot.her parent or the relatives or injure the child's opinion of the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. E. The parties shall cooperate with each other to the extent reasonable and possible with regard to any make-up time. F. In the event the parents agree that behavioral problems are developing with Noah, they will work towards resolving such problem(s) with Noah's best interests in mind. For example, if Noah appears disturbed on Sunday evenings when the girls return to their mother, the parents will instill reasonableness and practicality in determining the child's best interests. G. With respect to telephone calls, both parents agree to use common sense iQ. scheduling telephone calls to talk to the children. Both parents agree to refrain from preventing the parent who may be calling from talking to the children, provided that the telephone calls are not excessively frequent or so long in duration that they disrupt the children's schedule. H. If either party and the children are not in town and are on vacation, the other party shall receive a phone number for emergency purposes only. 1. The parties acknowledge that Mother will be out of town from May 3 thorugh May 7 with Noah and Father's lost time with Noah shall be made up within two (2) weeks of return. BY THE COURT: illf1~~ 1. Jan;.f CU.ftotlll Ortler May 13, 2002 ! Dear Wayrle, This lettler is to inform you of the makeup day with Noah of which you are entitled to. Since it is impossible to have a civil conversation with you and since I prefer not to be exposed to ~our verbal abuse and foul language, I am puning this information in writing I The twoidates, both being Mondays, which you "demanded" I give to you do not work with my schedule. I am to make up the day with you within "two weeks ofretum" from our vacation, and that makeup day is Friday May 17, 2002. You may pick Noah up at 3:30 PM oq Friday and retwn him Saturday May 18, 2002 at 8:00 AM. This coincides with the tinte schedule of the Tuesday May 7,2002 that you missed. , In regards to vacation time, the custody agreement states three weeks (a week meaning 7 days and no more). The 7 days, if you choose to take all 7, may not involve my weekenas. Therefore, the first week you requested, June 10, 2002 to June 16, 2002 is not going tq work. In addition, those days do nQ! follow the guidelines established in the custodyagr,ement in regards to "60 days advance notice to Mother" page 2 item #3. You may h~\'e the children on Father's Day, Sunday June 16,2002 from 9:00 AM to 5:00 PM as state4 in the agreement, page 3 item #5B. , , , The second week you requested, June 29, 2002 to July 5,2002 once again involves my weekend. You may not assume you can choose to take my days. You may have the children Mtday July I, 2002 through Sunday July 7, 2002. Your thiJjd week, July 20, 2002 to July 26, 2002 is fine. However, the children will be picked up at14:30 PM on the 26th for my regularly scheduled weekend. ! My three I weeks vacation with the children will be as follows: 1. July g, 2002 through July 14,2002 2. Aug,st 5, 2002 through August 11,2002 3. AugUst 24, 2002 through August 30, 2002 ! I , Sincerely, tJkL ! {J~I',r ~ l(""'!'''~ 'l (..\ A"'., .,~ ~ '"~.S;;. :. ~ (\ 1~ iif .1\;'.. ' . ~ VERIFICATION I verify that the statements made in the attached Complaint are true and correct. 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: May 22,2002 'JJCl'Y-'- t'" CJ Waytle Ja IS , .......... v '" ~ "J o c: ;~...... ~~~ ::.::~ c ~~<}",. ~(~_' LQ ._.;;:C.J J:'c: Z =< ~ . ~ \ . ~ t c.., r~ :J:: ..~,"'.,I ""~ ~;~ r-.> (....J "'---:,=, ~~-""" :~./ ~~~ -:~~~ :;0 -< r:- co .. MA~02 Wayne Janis, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. No: 01-4772 Civil Term Alisa Janis, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY -- ORDER AND NOW, this 30"- day of 'trt~ ' 2002, upon review and consideration of Plaintiff/Petitioner's Emergency Pe ition for Special Relief, it is hereby; ORDERED, that a hearing on the matter shall be held on the 1:2~ day of -r ' 2002, .J13!L a.m.!""". in courtroom number ~ , at Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 J. s/~%~ CopJ~ r~~B-Lly 9l~"';0 J. fY/tlk tWy GoFJ'€oS lYl'e1l~ --to ? ~~ PI.J ~~ J~~ ~ .. .. \;f\\\;\!I\l~SNN~d 1 I ''In''"'I''. n~,\\;n,,.r:r":\,t'(\'-' J\.l.l~\\~'; ,..1 .._..o,~..v SS~\ \~d QsrJ';\ZO II'" ,.",.,\."" Y') f\Cl~:..'~h."J'i.'V~"" ". ;:I\. ;~/d~"O~{~'j"\.j . Wayne Janis, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. No: 01-4772 Civil Term Alisa Janis, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY TEMPORARY EMERGENCY CUSTODY ORDER AND NOW, this day of , 2002, after review and consideration of the foregoing Petition for Special Relief it is hereby; ORDERED, that: 1. Petitioner, Wayne Janis, shall be permitted vacation with his children from June 10 through June 16, 2002; and, 2. Petitioner, Wayne Janis, shall be permitted to vacation with his children from June 29 through July 5, 2002. BY THE COURT: J. WAYNE JANIS PlaintifllPetitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY v. : Civil Action Law ALISA JANIS, DefendantlRespondent No. 01-4772 IN CUSTODY PR.4EC'lPE TO WITHllR.4W TO THE PROTIIONOTARY: Kindly withdraw my appearance on behalf of the Defendant, Alisa Janis, in the above-captioned matter. Respectfu11ysubmitted, Date: 6'b(o~ .Eo;l.~ 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 () s; ~- l.lt'ii fllrn ~?' c3~ -~ c;:: '<:- :.:~,. <::::) f\.) L. c::::: :'"'1.-"7 "- o 'T) , c....., :.::1 '/,; ::0 r- ~, 1"'1:"1 ,'C"J , ! '-:ie:) jf~ :0 -( .~c :::- :::;:, .-..J WAYNE JANIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERIAND COUNTY, PENNSYL VANIA v. : NO. 01-4772 ALlSA JANIS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter the appearance of Marianne E. Rudebusch, Esquire on behalf of the Defendant in the above referenced matter. Respectfully Submitted, Dated: &/4/02- JA^~~ t. e~~lh~ Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 o C ? .;-"" LJw ~!-r3 ;~c en..,: ~e~ ~, -r...,. _. -:::',..( I~ :~~~' ~....- --I -< C> N L .-- ~ z o -q ...., T:n 11,- "1m :bo ") 1 ',::,el ,~~ :Ii' :'C) i~rn '-'1 2> ;::0 -<: I Ui "0 -l.. :::> .-.j , ~r%~lJ,r~~~bEs OF" ....AMES A. MILLER u ._. """"~",,,,,.,,....,.,g"=='d"_'-"~~"IW',3~,,KhB~f'::!":'d,'l'/~~} ":~'~':<<:".'~",,'!<>" 2010 MAfl~ STREET. CAMP HILL, PA 17011 . (717) 737-6400 . FAX (717) 737-5355 ,'-,-=.-"'.;:;...... l Wayne Janis, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. No: 01-4772 Civil Term Alisa Janis, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE I, Kcv~ 1--. ~ ,hereby certify that I have served the Defendant, Alisa Janis, by ersonally serving her with a copy of the Emergency Petition for Special Relief on , 2002, at P:.:JO, ..t?M., at , Pennsylvania I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.SA 94904, relating to unsworn falsification to authorities. ~<<n/~ "14" r ) Commotlwealth of Pennsylvania: ss: County of Cumberland I hereby certify that on the L day oJ~ , 200 .~ before me, the undersigned Notary Public, personally appeared AcVC" L < G'~ tlJ ' known to me or satisfactorily proven to be said person, who acknowledged that she executed the foregoing document for the purposes therein contained. In Witness Whereof, I have hereunto affixed my hand and Notorial Seal. Notary Public My Commission Expires: NO'tAf\iAl tEAL __ A. IIIU.M. :Notmy fIr1lIlIle BaIo 01 c.np .., CWl_1MIII bacawr. PA My ComrnlaIon ExpM 'AprIl _, .. -.., ..,-, \.. l \"' .,'1" - o c --.... <, \)i-T rIlf; ~..~ zi; ff~ .0-' c.: -." .....c- ::;J , '.,,\. ;' _,i~ . r,k~:" 'i(W .'1'.,' .r'EUJf~; J,f,Wtt "r), ".~ ,~hr., {?1r-,~" '... .:....:,: '1,", '.' d' ,.'.';1.(- Ii' .~,;. o N L. c= :;:",:= o -n -.J T; j= ,iTl , r--', Ul '~. j ~::~ () ~;~~ --' .-j ?O -< _.'::J "'-"", :.,-, OJ WAYNE JANIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERlAND COUNTY, PENNSYLVANIA v. : NO. 01-4772 ALISA JANIS, Defendant : CIVIL ACTION - lAW : IN CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S EMERGENCY PETffiON FOR SPECIAL RELIEF PURSUANT TO PA. R.C.P.1915.13 AND NEW MAlTER AND NOW, comes the Defendant, Alisa Janis, by and through her attorney, Marianne E. Rudebusch, Esquire, and respectfully files the following answer: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted that Father notified Mother of his second week of vacation. It is denied that Father notified Mother in accordance with paragraph 3 of the Custody Order. On the contrary, paragraph 3 clearly states that the parties are to give each other 60 days notice of their intent to take their vacation time. Additionally, a week of vacation is seven (7) days which are either to begin with or end with a parties regularly scheduled weekend. Father demanded to have the children on Friday, June 28, 2002 which is Mother's weekend and unilaterally decided to return the children to her at the following Sunday at 8:30 p.m. instead of their regularly schedule time of 8:00 p.m.. 6. Admitted. It is admitted that Mother rejected Father's request for the reasons stated in paragraph 5 above. 7. Admitted in part, denied in part. It is admitted that Mother responded to Father's request via a letter to him dated 5/13/02 and rejected his request because of inadequate notice to her. It is denied that this was the only reason for her rejection. It was Father's unilateral decision to infringe on Mother's weekend with the children which prompted her to reject his request. 8. Denied. It is denied that Mother "unilaterally" refused to give Father a make up day. On the contrary, Mother offered Father Friday, 5/17/02 as a make up date but Father refused. 9. Denied. Mother is without knowledge as to whether Father has deposited funds with the rental agency and therefore, this averment is denied. 10. Denied. It is denied that Mother flatly refuses to offer any compromises to Father. On the contrary, it is Father who refuses to compromise and insist on Mother accepting his decisions without hesitation even if they run contrary to the terms of the Custody Order. 2 11. Denied. It is denied that Mother has been negatively responding on a consistent basis to Father's requests for custodial periods. Mother has very closely adhered to the terms of the Custody Order and attempted on many occasions to communicate with Father about custody issues only to be barraged with profanities and outrageous behavior by Father, often in front of the children. 12. Denied. Mother is without knowledge as to whether or not Father's counsel contacted her previous counsel in an effort to resolve this issue and this averment is therefore denied. 13. Admitted. It is admitted that Mother has terminated her engagement of Patrick F. Lauer, Jr., Esquire. Mother has retained the services of Marianne E. Rudebusch, Esquire to represent her in this matter and Attorney Rudebusch is entering her appearance for Mother concurrent with the filing of this Answer. 14. Denied. It is specifically denied that Father's only avenue available affording him the right to vacation with his children is through your Honorable Court. On the contrary, if Father would adhere to the terms of the existing Custody Order and approach Mother in a cordial fashion concerning changes he desires to make instead of dictating terms to her, he would be able to take vacation with his children without the need for court intervention. 15. No response required. 3 NEW MATTER 16. Defendant hereby incorporates by references all of the averments contained in paragraphs 1 through 15 of this Answer and Counterclaim. 17. Father avers that Mother does not have any vacations with the children in the summer, see attached Exhibit A. 18. Mother believes and therefore avers that the three weeks vacation referred to in the Custody Order under paragraph 3. Summers applies to both parties. As written, the terms of the Custody Order would not give Mother any vacation time during the summer. WHEREFORE, Mother respectfully requests that this Honorable Court to: A. Deny Father's request for taking the children on vacation at the times requested in his petition unless he adheres to the terms of the Custody Order concerning length of notice, length of the vacation and scheduling of the vacation such that it does not interfere with Mother's periods of physical custody with the children without her consent; and B. Modify the existing Custody Order such that Mother will have three (3) non- consecutive weeks of vacation with the children each summer with sixty (60) days advance notice to Father and to grant Mother the following weeks for the summer of 2002: 1. 7/8/02 until 7/14/02 8/5/02 until 8/11/02 8/24/02 until 8/30/02 4 These dates were conveyed to Father by Mother via a letter dated 5/13/02 and attached as Exhibit B, to Father's Emergency Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13. Respectfully Submitted, ~ f ~ottCo~~ Marianne E. Rudebusch, Esquire 4.711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: V(crlo~ 5 WAYNE JANIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4772 ALISA JANIS, Defendant : CIVIL ACTION - LAW : IN CUSTODY VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. /lA' - ~ By: ~<0 . , Alisa Janis Date: ~ (Lf I oz. ( Exhibit A >, t tI.-lay 13, ~002 D~ar Wayne. . This letDer is to infonn you of the makeup day with Noah ofwhic:h you are entitled to. Since if is impossible to have a civil conversation with you and since I prefer not 10 be I exposed to your "'erbal abuse and {oullansuage, I am punin& this information in wrhing. The two:dates. both being Mondays, which you "demanded" I aive to you do not work with my scbedule. I ~ to make up the day with you within "two weeks ofretum" from Our vacation, and that makeup day is Friday May 17, 2002. You may pick Noah up at 3:30 PM o~ Friday and return him Saturday May 18, 2002 at 8:00 AM. Tbi:s coincides with the tinje schedule of the Tuesday May 7,2002 that you missed. . . In regards lo vacalion time, lhe custody agreement states three weeks (a week rneanina 7 days and no more). The 7 days. if you choose to take all 7, may not involve myweelc:en4s. Therefore, the first weele you requened, JW1C 10, 2002 to June 16.2002 is nOI going to work. In addition, those days d211QJ {ollow the guidelines established in the custody asr~emenl in regws to "60 days advam;e non" to Mother" page ~ item #3. You may have the children OD Father's Day, Sunday June 16,2002 from 9:00 AM to ~:OO PM as statea in tbe agreement, page 3 itftn #5B. , ! The seeo~d week you r~uesled. June 29, 2002 10 July S. 2002 once again involves my weekend. You may not aSSUme you can choose to talee my days. You may have the children Mdnday July I, 2002 through Sunday July 7,2002. ; , Your thi!/d week, July 20,2002 to JulY 2(1,2002 is fine. However, th~.c.hil.dren.will.he picked up a~4:30 PM on the 2611I for my regularly scheduled weekend. My thrceiweeks vacation with the children will be as follows: I I. July 8. 2002 through July 14, 2002 1. Aug~st 5, 2002 through August 11,2002 3. AugUst 24, 2002 through August 30, 2002 ; Sincerely, ~L I / <~"~'-"J'~~;:';"."':C ' Exhibit B 06/05/02 10:55 CATALAt'IO":; "" 717 657 1512 NO. 133 June 2. 2002 DearAUsa. In the lIIllikely event that Judge Bayley denies my emergency petition allowing me to exercise my right to spend my vacation in June and July with my children. this lener will serve as the required 60 day notice of my alternate choice for week #1 which is: . Sunday August 1 J at 8 pm - Sunday August 18 at 8 pm Perhaps if you'd examine the agreement, you would see that you don't get any SIl1tlmt!t vacation. It mentions only my vacation with the children. All ofthesc issues relating to swnmer will be discussed at trial on June 12111. I am looking forward to it. Sincerely, ~G-~ cc: James Milltsr. Esq. [j02 LL!' I ">- ~:~ ~: 1..1_ I~~ a) c':': G ~~;; ~,,' , , -~.~ ....::J ~......,.. 0... "J:;::! .- (i) --'j~~ 1'"Y'" 7 :"-.:"j {~LJ '-i(L i_f} I =) ('", o :5 (,) WAYNE JANIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4772 ALISA JANIS, Defendant : CIVIL ACTION - LAW : IN CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are serve, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNT BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 7. The children are presently in the physical custody of her Mother, who resides at the address above. The children were born in wedlock. Defendant has not participated as a party or witness or in another capacity in other litigation concerning the custody of the children in this or another Court. Defendant has no information of the custody proceedings of the children pending in a Court of this Commonwealth. Defendant 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 the children. 8. Each parent whose parental rights of the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter. WHEREFORE, Defendant requests the Court to modify the existing Custody Order to indicate that Mother is entitled to three (3) non-consecutive weeks of summer vacation with the children and to reinstate the previous Custody Order dated 10/1/01 attached hereto as Exhibit C. Respectfully Submitted, Dated: (pI (; (O~ j~ F 1~~~cA Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 WAYNE JANIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4772 ALISA JANIS, Defendant : CIVIL ACTION - LAW : IN CUSTODY VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: ~~ Alisa Janis Date: (;-lrOJ, Exhibit A !'" (jiJ Wayne Janis, Plaintiff In the Court of COJ;llIJ1on Pleas Cumberland County, Pennsylvania v. No: 01-4772 A1isa Janis, Defendant Civil Action - Law In Custody ORDER AND NOW, this 181A day of 4, (i I , 2002, upon review and consideration of the Stipulation for Custody between Plaintiff, Wayne Janis ("Father") and Defendant, A1isa Janis ("Mother") concerning legal and physical custody of their subject natural born children, Danielle, DOB 8/6/87, Jessica, DOB 7/10/89 and Noah, DOB 4/17/97, it is hereby: ORDERED, that: I. Mother and Father shall share legal custody of their children as such relates to their health, education and welfare. The parents agree that Noah will attend the East Pennsboro School District for the 2002-2003 school year. 2. Physical custody of the children shall be as follows: A. Danielle and Jessica shall be with Mother except as follows: 1. Every other weekend commencing 4:30 p.m. Friday, April 26, 2002, through Sunday evening, April 28, 2002, 8:00 p.m. and such weekend schedule shall continue on an alternating basis with Father. Mother shall pick the girls up at the end of this custodial period. 2. During the interim week (when Father does not have the following weekend), Thursday nights from after school through 8:30 p.m. Father shall .pick the girls up at the beginning of his custodial period and mother shall pick them up at the end. ; r-""-:--- Janis Custody Order ,. @ B. Noah shall be with Mother and Father as follows: Noah i Noah ! 1..~.".r.':~'~:'~:~:~'~"":"""""".""'''T'':'''''':...:..:.,"\'V..ifE.j(..C)';;fE........:.:.:.:....:J.................:...:~:~:~:~.~.::.~:~..:~:......::::.:::::::..:::..:::j :~'on.d.~i.""""'. ... ... .... ........ .', .. ..... ....................V'!.~'i'.;:l~.......::..................:............:j...................::.:......................:...?<.l.i.~.~.........::....:.......::.....:....::.:....::...:j !Tuesday : ......)\lls.a.... ' Wa'l..".e.... ....~,..: !.~.l!.~.I1.l!lS..d.....'I............................L............ Way" e Way" e . : Th u rs day . ..............~'(ain:~:.........:..::..:::..:..:..:....I...:..:.......:....::......::........:..~E~..~....=....:....::........::..:::::::...::.l !Friday A Ii sa i Alisa , fi:i"a.iu.rd.ay...................................................................A.ii.s.a.................................j"..............................A.Ws.a.............................'....; l~.':''.'d....X........................................'''.............................~.li.:s...................................L.............................~.!!.:s...................................i : : t t i:::::.::..:.::::::::::::::.:::.::.::::.:::::::.:::::::::::L::::::.:::::::::::.\Ai.:~.(~:::'i'~:~::::::::::::::::::::::t:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::J i , I ! fMiiiidllY. ............. ....... . .............. :... ............................6;iI511...... .....................T..........................Xiisa.............................1 !.!.~.~.~.~.~.Y............................................L...".........."...:...:..:..~.!.(~.~,::....:..:....:::.:::::.::::...:::r..::.:::.:...:::::::..::::.:::~.:~:r.:~.~.:::.::::::,,:::.:.::::.:..::'.:j fWed".esday ...i..... ... ...........":!....r."l!....................J.....................":!.II.r.IlIl.......................1 iThursday i Wayne i Alisa ri::~~:;::r:~:;~;:::f-:::::~t~-~:-::=:l I. Father shall have every Tuesday at 3:30 p.m., or if Noah is in School then after school lets out, through Thursday morning, 8:00 a.m. Father shall pick Noah up at school or from the bus stop during these weekday custodial periods 2. On Father's weekend with Noah, he shall deliver Noah to school or to Mother by 8:00 a.m. Monday. Father will pick Noah up at Mother's house with Danielle and Jessica as defined above in section 2A(I). 3. SUMMERS: The schedule above shall remain the same throughout the summer excepting Father's right to enjoy three (3) non-consecutive, uninterrupted weeks of vacation with the children with sixty (60) days advance notice to Mother. Father shall be responsible for picking up the children at the beginning of his custodial periods and Mother shall be responsible for picking them up at the end of Father's custodial periods. 4. FIRST RIGHT OF REFUSAL: In the event either Mother or Father is unable or unwilling to exercise his or her periods of{ustody as provided herein, then the other party shall be entitled to such periods of custody and shall have the right to elect such period prior to the placement of the child(ren) with a third party. If either party elects not to exercise their first right, then the other party has the right to know and approve the third selected. Janis Custodv Order " @ 5. HOLIDAYS: A. . The parties shall alternate the following holidays _ Thanksgiving, Christmas, New Years and Easter. 1. in even years, Father shall have the eve of the holiday from 6 p.m. through 3 p.m. on the day of the holiday and Mother shall enjoy the remaining portion of the holiday; 2. in odd years, Mother shall have the eve of the holiday from 6 p.m. through 3 p.m. on the day of the holiday and Father shall enjoy the remaining portion of the holiday. B. Mother shall have custody every year on Mother's Day and Father shall have custody every year on Father's Day; each from 9 a.m. through 5 p.m. in the event such day does not fall on either party's regularly period of custody and the party receiving such day shall be entirely responsible for the transportation involved. C. The non-custodial parent shall enjoy the birthdays of the children for a period of three (3) hours and the non-custodial parent shall be entirely responsible for the transportation involved. In the event the non-birthday children have other activities planned, the non-custodial parent exercising his or her three (3) hour period shall not demand that the non-birthday children attend. 6. GENERAL: A. Father and Danielle and Jessica, at Father's cost(s), may participate in counseling. B. The welfare and convenience of the child shall be the prime considerations of the parties in any application of the provisions of this Order. Both parents shall listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. C. The parties are to deal directly with o~ another and not through the children in relaying information. D. Neither parent nor a third party within the parent's circle shall speak disparagingly of the other parent. Each of the parents and any third party in the presence of the children shall take all appropriate measures to foster a feeling of affection between the children and the other parent. Neither parent shall do nor shall either parent permit any third person to say Janis Custody Order .' @ anything which may estrange the children from the o~her parent or the relatives or injure the child's opinion of the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. E. The parties shall cooperate with each other to the extent reasonable and possible with regard to any make-up time. F. In the event the parents agree that behavioral problems are developing with Noah, they will work towards resolving such problem(s) with Noah's best interests in mind. For example, if Noah appears disturbed on Sunday evenings when the girls return to their mother, the parents will instill reasonableness and practicality in detennining the child's best interests. G. With respect to telephone calls, both parents agree to use common sense in scheduling telephone calls to talk to the children. Both parents agree to refrain from preventing the parent who may be calling from talking to the children, provided that the telephone calls are not excessively frequent or so long in duration that they disrupt the children's schedule. H. If either party and the children are not in town and are on vacation, the other party shall receive a phone number for emergency purposes only. I. The parties acknowledge that Mother will be out of town from May 3 thorugh May 7 with Noah and Father's lost time with Noah shall be made up within two (2) weeks of return. BY THE COURT: /s/f!J~A-./3'~A 1. Janis Custodv Order Exhibit B 06. 05 02 10:55 CATALAliO"; .. 717 657 1512 tlO. 133 ~2 f ( , , ( June 2, 2002 Dear Allsa. hi the 1IDlibly event that Judge Bayley denies my emeratDC)' petition allowing me to llta'Cise my riabl to spand my vacation in luno and July with my children, thlslener will serve as the required 60 day nodcc ofmy alt.emato choice for week #1 which is: · Sunday Aqust 1 J at 8 pm , Sunday August 18 at 8 pm Perhaps it you'd ClXlminc tho aareemcnt" you would see that you don"t aet any summM' vacation. It mentioas oaly my vacation with the chilclreft. All of*- issues mlldiDa to summer will be discussed at trial on June 12*. I am IookiDg fol'Wald to it. Sincerely, ~G.~ oc: JMIes MiJIIr, Esq. I ~ Exhibit C ~ 0) .,\ '.1 WAYNE JANIS, Plainti!T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I'ENNSYLV ANIA \IS. 01-4772 CIVILACTIONLAW ALlSA .IAN IS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this J ~~ day of 19c.\obe.R. , 2001, consideration orthe aUached Custody Conciliation Report, it is ordered and directed as follows: upon I. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be perfonned by Pauline 'Wallin, PhD. or other professional selected by agreement of the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Children. The parties shall also request from the evaluator recommendations concerning interim regular and holiday custody arrangements pending completion of the evaluation. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Children. Initially, the parties shall share the costs orthe evaluation, with the Mother being responsible for 30% and the Father being responsible for 70(~;'). However, the Father reserves the right to petition the Court for a reallocation of the evaluation costs aileI' completion. Each party shall contact the evaluator within 10 days of the date of the Custody Conciliation Conference, in order to schedule his or her first evaluation session. 2. Pending receipt of interim custody recommendations from the evaluator, further Order of Court or agreement of the parties, the Mother shall have primary physical custody of the Children and [he Father shall have partial physical custody on alternating weekends from Friday at 4:30 p.m. through Sunday at 8:00 p.lil., beginning Friday, September 28, 200 I. In addition, the Father shall have custody of the Children every Thursuay when the Father shall pick up Jessica anu Danielle al1er school -/ (3:00 p.I11.) at the school building and shall pick up Noah at the Mother's residence immcdiately thereaf1er. Thc rather shall return custody of the Children on Thursday evenings to the Mother at 8:00 p.l11. 3. The I'Vfother shall cooperate with the Father in rescheuuling the Father's missed weekend period of custody in October when he will be traveling out of;town. (0 4. Unless otherwise agreed between the parties, the Father shall provide transportation for all exchanges of custody under this Order. 5. The non-custodial parent shall be entitled to contact the Children by telephone up to one time each day before 8:00 p.m. If there is no answer and the non-custodial parent leaves a message on the answering machine, the custodial parent shall ensure that the Children return the other parent's telephone call. 6. Both parties shall refrain from sharing legal correspondence or other documents and infonnation concerning the custody dispute with the Children. Both parents shall protect the Children's interests by taking the necessary steps to ensure the Children are not involved directly in the custody dispute. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference, if necessary. BY THE COURT, Cc: James A. Miller, Esquire - Counsel for Father Patrick F. Lauer, Jr., Esquire - Counsel for Mother .I TRUE COpy FROM RECO~D !~ - j i:10ny where f, I here unto set. my hand aild I , s~al of sai Co rt ~r}le, Pa. L.... .~::Ef!. -:--- ... E ~~ N~~ ~ ~C"~ ~~ ~ 0J \ $lg ~ -..l) >~ ~ ~ 't 0 0 l'.,) ,"I t- --I c::: ;n-n z . r- I }lE9 -../ (J(~ '"'0 ":-,-.1-'n :;:!: ;.!.3 ::n '".0 N ~m C:::i ::::> ~ r'-' , PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE JANIS v. 01-4772 CIVIL ACTION LAW ALISA JANIS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 12,2002 . upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, July 24, 2002 at 8:30 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. 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: Isl Dawn S. Sund4J'. Esq. ~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 \ ~-~...~? ~n/ ~ ~~ $- ~t7.~~~~ ~P$.~4~~ ~(;?- C'/. 1 "t"c;7- 0- ? ~C'- e/ ? 'VlN\fAlASNN3d AlNnoo O~.JVJt1J8VVnJ GO :'1 1M 21 Nnr GO AW10NOHlOci:J 3Hl :!O 3:J1:J::10--mll:J . WAYNE A. JANIS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ALlSA E. JANIS, DEFENDANT 01-4772 CIVIL TERM AND NOW, this ORDER OF COURT ,rr\'-- day of June, 2002, IT IS ORDERED: (1) The custody order of April 18, 2002, is amended as follows: (a) In 2002, the father's shall have the children from June 29th, at 6:00 a.m. until July 6th, at 8:00 p.m.; from July 19th at 4:30 p.m. until July 26th, at 4:30 p.m.; on June 16th from 9:00 a.m. until 5:00 p.m., which is regularly scheduled Father's Day; and from 8:00 a.m. on June 1ih until 8:00 p.m. on June 23rd. (b) The father shall have one day make-up time with Noah on July 15th. (c) In 2002, the mother shall have the children from July 6th at 8:00 p.m. until July 12th at 4:30 p.m., from August 5th at 8:00 a.m. until August 9th at 4:30 p.m., to be followed by her weekend starting on Friday, August 9th, and from 4:30 p.m. on August 23rd until August 30th at 4:30 p.m. (d) These vacation weeks shall consist of seven days which either end or begin with a regularly scheduled weekend. (2) The parents will attend a minimum of three counseling sessions with a mutually agreed counselor in an effort to develop better communication and cooperation regarding dealing with their children. /\ (3) All other pr~i~ions of the custody order of April 18, 2002, shall remain in full force and effect. /James A. Miller, Esquire For Plaintiff !v1arianne E. Rudebusch, Esquire For Defendant :saa Edgar B. Bayley, J. VIN\fAl,\,SNN3d ,sJ.Nn08 C~.)"f1;j'j9~{nC) at : II WV L I Nnr 20 A!:JV lO;-~Ot+l;,:,d,J ::lO 301:l:IO-031i.:i WAYNE JANIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 01-4772 CNIL ACTION LAW ALISA JANIS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this Sm day of </Zf1J.f/n}J.tA ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall engage in a course of mediation with Arnold Shienvold, PhD. or other professional selected by agreement of the parties. The purpose of the mediation shall be to obtain professional guidance to assist the parties in establishing ongoing custody arrangements which will serve the interests and needs of the Children without necessity for continued Court involvement. The parties shall cooperate with all requirements and requests made by the mediator to complete the process. The responsibility for payment of costs which are not covered by insurance shall be shared equally between the parties. 2. In the event the parties are not able to reach an agreement as to ongoing custody arran ements for the Children, a Hearing date is reserved for the .s"#J day of jiJ-tu ,2003, at 8: /,(5 o'clock ~.m., in Court Room # ~ of the Cumberl County Court House. Counsel for the parties shall contact the Court at least 30 days in advance to either cancel or confirm the Hearing date. If the Hearing date is not confirmed by the parties or counsel at least 30 days in advance, the Hearing will be automatically canceled. In the event a Hearing is necessary, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the Hearing date. J. cc: James A. Miller, Esquire - Counsel for Father Marianne E. Rudebusch, Esquire - Counsel for Mother / A~.~ I/-O(.,.D.L c;L .t .r" " I. - ..J,'i ~,!'j WAYNE JANIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4772 CIVILACTIONLAW ALISA JANIS, Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Danielle Janis J essica Janis Noah Janis August 6, 1987 July 10, 1989 April 17, 1997 Mother Mother Mother 2. A Conciliation Conference was held on October 3, 2002, with the following individuals in attendance: The Father, Wayne Janis, with his counsel, James A. Miller, Esquire, and the Mother, Alisa Janis, with her counsel, Marianne E. Rudebusch, Esquire. 3. The Mother filed this Petition for Modification seeking primary physical custody of the parties' son, Noah, as well as the parties' 2 daughters of whom the Mother has primary custody under the current Order. Although the parties agreed to participate in mediation with Arnold Shienvold in an effort to resolve the outstanding issues, the Mother requested the scheduling of a Hearing in the event the mediation is not successful. It should be noted that the parties have already completed Court ordered counseling with Deborah L. Salem. An evaluation has also been previously performed by Pauline Wallin, PhD. The parties discussed the option of binding mediation at the Conference and the Conciliator agreed to hold the report and proposed order pending receipt of Dr. Shienvold's binding mediation/arbitration protocols. However after receipt of the protocols, the Mother's counsel advised the Conciliator that as the pending Petition seeks modification' of physical custody, the mediation should not be binding on that issue. The Mother requested the scheduling of a Hearing to follow mediation. 4. The Mother's position on custody is as follows: The Mother believes it would serve the interests of the Children to reinstate the October 1, 2001 Order granting her primary physical custody of all 3 Children. Although the current Order was entered on April 18, 2002 by Stipulation of the parties providing for the Mother to have primary custody of the parties' 2 daughters and the parties to share having physical custody of the parties' son, the Mother believes this arrangement is not in the Children's best interest due to lack of communication and cooperation between the parties. The Mother stated that she keeps trying to work with the Father concerning issues affecting the Children but the Father refuses to communicate and becomes hostile. The Mother explained that she has difficulty going for an entire week without having contact with the parties' son. 5. The Father's position on custody is as follows: The Father opposes the Mother's proposal to modify the shared custody arrangement for Noah. The Father believes that the Mother denigrates his parenting abilities and undermines him as a parent. The Father stated that the Mother interferes during his custodial periods and makes meaningful communication difficult. 6. The parties acknowledged at the Conference that their continued hostility is having a detrimental impact on the Children. Just prior to the Conference, the parties had a physical altercation at their 5 year old son's school over an issue regarding the Child's school pictures. The conflict rose to such a level that the parents were called to the principal's office and the police became involved. To their credit, however, the parties recognize the need for professional assistance in creating an effective parenting relationship and are willing to make an additional effort to engage in mediation. 7. As the Father's counsel has determined that Dr. Shienvold expects to complete the mediation by the end of January the Conciliator recommends that a Hearing date be reserved in late February to enable the parties and counsel to determine if the proceedings are necessary after completing the course of mediation. In the event the Hearing is ultimately necessary, it is expected to require at least one-half day. Accordingly, the Conciliator recommends an Order in the form as attached. Date n( J.c h,.... ,4;2. ~.;;l- . ~ 44-- #(.Q-, Dawn S. Sunday, Esquire . Custody Conciliator WAYNE JANIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4772 ALISA JANIS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please withdraw the appearance of Marianne E. Rudebusch, Esquire on behalf of the Defendant in the above referenced matter. Respectfully Submitted, Dated: 12-1 (11 C>~ I I /1JJ~~'AP f'. ~krh Marianne E. Rudebusch, Esquire 4711 Locust Lam: Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Gerald S. Robinson, Esquire on behalf of the Defendant in the above referenced matter. Respectfully Submitted, Dated: /~'J(p.~Od- .~ Gera S. Robinson, Esquire 4407 North Front Street Harrisburg, P A 17110 (717)2~~1l~~ Id. No. rr o c: <" -vcr rnn :;.:: :J; 65:' " 2:C ""- )>c ze j;c z ~ CJ \'-...; r:'J 'j.';;' -:'J (::J ~-2 N ()\ WAYNE JANIS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. 01-4772 CNIL ACTION LAW Defendant. IN CUSTODY '- ., ALISA E JANIS, c:.:-. (..".; .) ('" :-)-'" Cl) ; fl PETITION FOR A RULE TO SHOW CAUSE ;:", ~ - Petitioner/Defendant Alisa Janis, by and through her attorney, Gerald S. Robinson, Esquire, and the law firm of ROBINSON & GERALDO, respectfully requests the Court to enter a Rule and in support thereof states as follows: 1. The parties participated in a Custody Conciliation Conference convened by Dawn Sunday, Esquire on October 3, 2002, with the following individuals in attendance: the Father, Wayne Janis, with his counsel, James A. Miller, Esquire, and the Mother, Alisa Janis, with her counsel, Marianne Rudebusch, Esquire. Subsequent to the Conference, the parties agreed to participate in non-binding mediation. A copy of the Custody Conciliation Summary Report dated October 22, 2002 is attached hereto as Petitioner's Exhibit No.1.. 2. This Report was followed by an Order of Court dated November 5, 2002 that directed the parties to engage in a course of mediation with Arnold Sheinvold, PhD., or other professional selected by the parties. To date, Dr. Sheinvold's office had only one opening for a mediation conference (November 27,2002) that Petitioner/Defendant could not attend because her current 1 counsel failed to notify her in time for her to make the appropriate arrangements to attend the conference. According to Dr. Sheinvold's office, the November 27,2002 opening was the last opening in 2002. A copy of the Order is attached hereto as Petitioner's Exhibit 2. 3. PetitionerlDefendant engaged alternate counsel and his appearance was entered on December 18, 2002. 4. A hearing as to the ongoing custody arrangements is scheduled for February 5,2002. 5. By letter dated November 28,2002, PetitionerlDefendant through her counsel raised concerns about Respondent/Plaintiff's practice ofleaving the parties' five-year old son with third parties and cited the current Custody Order to support he position that this practice was inappropriate. She further recommended that the person identified as the child's unauthorized caretaker, Respondent's paramour Elizabeth Goth be interviewed by Pauline Wallin, PhO., who performed the Custody Evaluation ordered by this Court and which included interviews of all relatives and individuals with significant contact with the children. In this regard this caretaker's intimate relationship with the Respondent/Plaintiff was cited as additional basis for supplementing the Custody Evaluation. 6. By letter dated December 27, 2002, Respondent/Plaintiff replied to the November 28, 2002, recommendation to supplement the Custody Evaluation to include Respondent/Plaintiff's paramour and the child's chief caretaker, Elizabeth Goth in the Custody Evaluation by advising 2 that the only way he would cooperate and allow his paramour to be interviewed by Dr. Wallin was on the condition that PetitionerlDefendant paid for the associated costs. 7. On December 31,2002 Respondent/Plaintiffmoved into his paramour's residence where he is exercising his periods of physical custody of the children. 8. Over the past several months there have been altercations between the parties and alleged altercations between Petitioner and Respondent's paramour and between Petitioner's fiance and Respondent's paramour. As a result of these incidents there are two district justice hearings scheduled and a CYS investigation pending involving Respondent and her children. 9. On January 18,2002 a violent incident involving Respondent's paramour, the children involved in the instant custody matter, and the Hampden Township Police occurred in Respondent's absence while the children were in his custody. 10. The Custody Evaluation was performed in November of 200 I and therefore outdated unless it is updated to include current information including information related to the altercations between the parties and Respondent's paramour Elizabeth Goth. WHEREFORE, the Petitioner respectfully requests this Honorable Court to issue a Rule requiring Respondent to show cause why the Custody Evaluation should not be supplemented to 3 include information regarding Respondent's paramour and updated information involving the parties; and that the scheduled hearing be continued until the Report is updated. Respectfully submitted, ROBINSON & GERALDO Date: ~~~ By: Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, P A 17110 (717) 232-8525 Attorney for Petitioner 4 WAYNE JANIS Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. 01-4772 CIVILACTIONLAW ALISA E JANIS, Defendant. IN CUSTODY CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 21 st day of January, 2003, I caused a true and correct copy of the foregoing petition and Rule to be served upon the following individual by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania to: James A. Miller, Esquire 2157 Market Street Camp Hill, PA 17011 Respectfully submitted, ROBINSON & GERALDO BY:~ <- Gerald S. Robinson, Esquire Attorney J.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, P A 17110 (717) 232-8525 WAYNE A. JANIS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ALlSA E. JANIS, DEFENDANT 01-4772 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of January, 2003, the hearing set for Wednesday, February 5,2003, IS CONTINUED to 8:45 a.m., Wednesday, May 28, 2003, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. In the interim the parties shall have a custody evaluation conducted as to their son Noah. By the Court, v<iames A. Miller, Esquire For Plaintiff ~erald S. Robinson, Esquire For Defendant > . t~~\ 1T~ O}-30-0.3 :sal \.I!l\~\-!t\l\SNN. 3.c "In'"' VII , "....... \,...,\,\....,G..'~ tv .rr-or, : ';",Iei..' i~.,.1' ~L~t'i \'.)-,.' \, '~'. "'-' ae "1',<\' \:'0 t) '1 : \ , H\1 v i. ~ " ~\rN1.Un)i\.'c~.i::.',~...\-",.L :\0 I U -...{~.\. ~.J 1-'-' \- t IL.I :J\,..I\_";....\..... \,0... \f\t...~;\lt'SNN3d ,\lNflO:J GI,j'1!\-Fl'2\^ln~ t"pH ~N ot N\1r t:O \ U\./II',!\V \.,' ., c. . .....,,; \ ..\0 (\U'lJ,V' ,'.,: ,...)""'; .J' ...' - 3~~i\.j:'O'U7.nH WAYNE JANIS, Plaintiff, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 01- 4772 CIVIL TERM ALISA E JANIS, Defendant. :IN CUSTODY PRAECIPE TO DISCONTINUE To the Prothonotary: You are requested to discontinue the Petition of Defendant Alisa E. Janis to modify the current custody Order entered in the above action as to all parties without prejudice. Respectfully submitted, By: G aId S. Robinson, Esquire Attorney 1.0. No. 27423 4407 N. Front Street PO Box 5320 Harrisburg, P A 1711 0 (717) 232-8525 WAYNE JANIS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4772 CIVIL TERM ALl SA E. JANIS, Defendant. IN CUSTODY CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 21 st day of February, 2003, I caused a true and correct copy of the Praecipe to Discontinue to be served upon the following individual by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. James A. Miller 2157 Market Street Camp Hill, P A 17011 Respectfully submitted, By: GeraI S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, P A 17110 (717) 232-8525 n C' ,'n .~.- ' -c~ \~ t.~; ~ ~;l-~ (;.,; . -......, ': r~~. :':: ( /::( >c-. '-',,) c ~. ~...,~ :-\ --.:.. :..n \0 ,~I -"-.-, --'; WAYNE A. JANIS, PLAINTIFF V. ALISA E. JANIS, DEFENDANT TO: Alisa Janis C/o Gerald S. Robinson, Esquire Robinson & Geraldo 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4772 CIVIL TERM NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Petition to Strike-off Discontinuance within twenty (20) days from service hereof or a judgment may be entered against you. MILLER LIPSITT, LLC, By: ~/tJ/da- Christopher J:'Keller, Esquire Supreme Court ID 86889 Attorney for Defendant 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 737-6400 WAYNE A. JANIS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. ALl SA E. JANIS, DEFENDANT 01-4772 CIVIL TERM PLAINTIFF'S PETITION TO STRIKE-OFF DEFENDANT'S DISCONTINUANCE PURSUANT TO Pa.R.C.P. 229 AND NOW, comes, Plaintiff, Wayne Janis, by and through his attorneys, Christopher J. Keller, Esquire and the law office of MILLER LIPSITT, LLC, and respectfully petitions this Honorable Court to strike off Defendant's Discontinuance and in support thereof avers as follows: 1) On or about June 2, 2002, Defendant, Alisa Janis, filed a petition to modify the custody order dated April 18, 2002, of the above-captioned case. 2) This current petition has been pending for eight (8) months; there has been extensive preparation and expense by both parties; both parties have filed pre-trial statements; and the case was listed for trial on February 5, 2003. 3) The parties were to attend mediation in November 2002, which failed as a result of Defendant's counsel not properly informing Defendant. 4) The parties attended a conciliation conference in this matter on October 3, 2002 before Dawn Sunday, Esquire. 5) During the conciliation conferences and elsewhere, Plaintiff and Defendant have raised claims and issues that still need to be addressed in order to serve the best interests of the children. 6) Both parties submitted Pre-trial Memoranda for the February 5, 2003 trial in this matter that was continued on January 30, 2003, until May 28, 2003 to allow the parties to have a custody evaluation conducted as to their son, Noah. 7) Defendant filed a Petition for Protection From Abuse on behalf of herself and her children against Plaintiff's girlfriend, Elizabeth Goth. 8) A hearing was held on February 5,2003 before your Honorable Court on the Petition for Protection From Abuse, wherein the Honorable Edgar B. Bayley dismissed the Petition, finding no abuse. 9) Subsequently, by letter dated February 13, 2003, Defendant counsel informed Plaintiff's counsel of his intention to withdraw the pending action. 10) Defendant filed a Praecipe to Discontinue her June 2, 2002, Petition to Modify on or about February 25,2003. 11) Plaintiff has spent substantial time and money preparing for trial, and the issues raised by Defendant and Plaintiff should be decided by this Honorable Court in order to protect the Plaintiff from unreasonable inconvenience, expense, prejudice and to serve the best interests of the minor children who are subject to this custody action. WHEREFORE, Plaintiff, Wayne Janis, respectfully requests this Honorable Court to: a) Strike-off Defendant's discontinuance; and b) Maintain the Order of Court dated January 30, 2003, setting a trial date of May 28, 2003 and requiring a custody evaluation be performed. Respectfully submitted, MILLER LIPSITT, LLC By: i~/1~) 41A-- Christopher . Keller, EsqUIre Supreme Court ID 86889 Attorney for Plaintiff 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 737-6400 WAYNE A. JANIS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. ALISA E. JANIS, DEFENDANT : 01-4772 CIVIL TERM ORDER OF COURT On this _ day of , 200_, upon consideration of Plaintiff s Petition to Strike Discontinuance, it is ordered that the discontinuance entered in these proceedings is stricken and that January 30,2003 Order in this matter scheduling a trial for May 28,2003 and requiring a custody evaluation shall continue in full force and effect. BY THE COURT: Edgar B. Bayley J. . . WAYNE A. JANIS, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. ALl SA E. JANIS, DEFENDANT : 01-4772 CIVIL TERM CERTIFICATE OF SERVICE I, Christopher J. Keller, Esquire, hereby certify that a true and correct copy of the foregoing Petition to Strike-off Discontinuance has been served upon the following person in the following manner: Date: !;.b/{/iJ,r7 26 J Zcm5 Manner: United States First Class Mail, Postage pre-paid Gerald S. Robinson, Esquire Attorney for Defendant, Alisa Janis Robinson & Geraldo 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 /"1/1 /> / lJ~ /~'1 ~LI/L- Christopher J. ~er, Esquire Supreme Court ID 86889 Miller Lipsitt, LLC 2157 Market Street Camp Hill, Pennsylvania 170 II (717) 737-6400 Attorney for Plaintiff, Wayne Janis ........., IT! ~ /- ~~; r,:-2 .....-'" I.> ~Z ~;. ( "" -( ( .' ( -' ,~ , c ..........' .'1 '~ (-) j'-n ( A., _J .< WAYNE A. JANIS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ALlSA E. JANIS, DEFENDANT 01-4772 CIVIL TERM AND NOW, this ORDER OF COURT a day of February, 2003, after review of the within petition to strike-off defendant's discontinuance pursuant to Pa.R.C.P. 229(c). The discontinuance IS STRICKEN. James A. Miller, Esquire For Plaintiff Gerald S. Robinson, Esquire For Defendant ~ /~ 3-.()3-03 Q :sal \f\~r\\}'s~~24. · }..\.Nrf{) C>~~"',:+o\d\N.\\~ gs ~t. \1td B~~ \:\3:\ t,IJ \ u\)', :' '".\: i\U ~ ).~,o<"., ~ ~. ' -,.- i \ :.n\~;:'{\' 0:\ I,::: :10 WAYNE JANIS, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4772 Custody ALISA JANIS, Defendant. CIVIL ACTION -CUSTODY MOTION FOR RULE TO SHOW CAUSE COMES NOW Counsel for Defendant and requests to withdraw as counsel based on Defendant's desire to proceed Pro Se as verbally requested on March 13,2003. WHEREFORE, for the foregoing reasons Defendant's Motion for a Rule should be granted. Respectfully submitted, ROBINSON & GERALDO Date: March 19,2003 BY:~ Gerald S. Robinson, Esquire Attorney J.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PAl 711 0 (717) 232-8525 WAYNE JANIS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4772 Custody ALISA E JANIS, Defendant. CIVIL ACTION- DIVORCE CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 19th day of March, 2003, I caused a true and correct copy of the Order to be served upon the following individual by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. James A. Miller 2157 Market Street Camp Hill, P A 17011 Alisa Janis 33 Logan Run Road Enola, P A 17025 Respectfully submitted, ROBINSON & GERALDO ~~ By: Gerald S. Robinson, Esquire Attorney 1.0. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, P A 17110 (717) 232-8525 0 C',) C (..,.i -C U ~:~ .~ rn [ :,\~J 2~ .' Z C rv (f) _/ c:~ "-n ~; C ..e.::- l .. :P- c :,.) ( , ~. ~ ;~~~ -( ~~;J -< MAR 2 4 2003 i WAYNE JANIS, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4772 Custody ALlSA JANIS, Defendant. CIVIL ACTION -CUSTODY RULE AND NOW, this ~ day of ~ , 2003 upon consideration of the foregoing Motion to Withdraw Appearance, the Court grants a rule upon James A. Miller, Esquire in the above case to show cause why the Motion to Withdraw Appearance should not be granted. rt~) o.?J;L Qau;IiR..., Rule returnable OR. --. , J,OQ3 at a.m../p.lfl.. in __ CQJl11Toom J ~ 1" f"-~~ €1vullnv. J TTa.n=i~Ln1l!, PilHUJJ1..b..~ll. ((/I !.d( . 7 J. ~f ;t '~ f ~. ~\ ~ ') J ~ t", ~ \ ,\, " ^ -' .... \. \,;~ t;<, i.J t... ... i"'<>r\ )~-Iv WAYNE JANIS, PLAINTIFF IN THE COURT OF COMMON PLEAS' CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001 - 4772 CIVIL TERM ALlSA JANIS, DEFENDANT CIVIL ACTION - LAW CUSTODY PRAECIPE TO ENTER APPEARANCE AS DEFENDANT'S COUNSEL TO THE PROTHONOTARY: Please enter the appearance of Steven Howell, Esquire on behalf of the Defendant Alisa Janis. Respectfully submitted, '" BY: _~. ~ ~ven Howell, E ./ 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court J.D. 62063 Attorney for Defendant Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all counsel of record via postage prepaid, first class United States Mail addressed as follows: James A Miller, Esquire Miller Lipsitt LLC 2157 Market Street Camp Hill, PA 17011 Date: March 24, 2003 BY: ~/ Stp'en Howell, E / ,-.\ ,-.. (") s; -o~t n-\,' z....._- Z ~? ~ ):~ z: )> 1= t...; ~~ --0 r'",) .. ,,-> --.I Wayne Janis, Plaintiff/Petitioner In the Court of Common Pleas Cumberland County, Pennsylvania v. No: 01-4772 Alisa Janis, Defendant/Respondent Civil Action - Law In Custody NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Petition for Special Relief and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the case may proceed without you and a judgement may be entered against you by the Court without further notice for any money claimed in the Petition for Special Relief or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICIA Le han demando a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al patrir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVEESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 {717} 249-3166 .~ "VII Wayne Janis, Plaintiff/Petitioner In the Court of Common Pleas Cumberland County, Pennsylvania v. No: 01-4772 Alisa Janis, Defendant/Respondent Civil Action - Law In Custody RULE TO SHOW CAUSE AND NOW, this ~ day of ~ consideration of Defendant/Movant's Motion for Sanctions; A RULE is entered upon Defendant/Respondent; RETURNABLE on 'Ol1;:1~~ J~ day;;, v~ce. AJ2 TlNropov'"{ C\.f-J Ail- S ~ ~ BY THE COURT: ~ l:f u;,l)> ,2003, upon review and ~~ J. L~o:&t 4 Rl{s 05-14-63 VIN\f;\l)8NN3d I I ~ f0 --"', ,~, ,\, ""'''',I''l, '~,':Mn'" I\..Lj\~i ;t,}. ,; r ["'>.i ; "'"}!:lfV hJ L '~1 :Ul ",' .i Vk'i r.Q, #l... \oj' JO Wayne Janis, Plaintiffl'Petitioner In the Court of Common Pleas Cumberland County, Pennsylvania v. No: 01-4772 Alisa Janis, DefendantlRespondent Civil Action - Law In Custody Pa.R.C.P. 1023.1 Motion for Sanctions NOW COMES Petitioner, Wayne Janis, by and through his attorneys, James A. Miller, Esquire, and Miller Lipsitt LLC and respectfully requests that your Honorable Court enter sanctions against Respondent, award Petitioner attorney fees and costs and require Respondent to pay 100% of Dr. Wallin's expert testimony and work product fees and for reasons therefor states: 1. On May 23, 2002, Petitioner filed an Emergency Petition with your Honorable Court seeking vacation time with his children based upon the April 18, 2002, Custody Order entered to this term and docket. 2. On June 5, 2002, Respondent filed by and through her then counsel, Marianne E Rudebusch, Esquire, a Response to Petitioner's Petition and New Matter seeking to modify the existing April 18, 2002, Custody Order. 3. On June 7, 2002, Respondent filed by and through her then counsel, Marianne E Rudebusch, Esquire, a Petition to Modify Custody. 4. On June 11, 2002, your Honorable Court entertained Petitioner's Emergency Petition. 5. Arising from the June 11, 2002, conference, the parties agreed to continue the July 24,2002, custody conference and engage in counseling. 6. Counseling was unsuccessful. 7. Respondent reactivated her request to modify custody and a custody conference was held on October 3, 2002. 8. Resulting from the conference was a November 5, 2002, Order of Court requiring the parties to engage in mediation with Arnold Shienvold, PhD with costs shared between the parties and if unsuccessful, a hearing would be held on February 5, 2003. 9. Mediation was unsuccessful in that Respondent did/would not participate. 10. On January 22, 2003, Respondent by and through her then new counsel, Gerald S Robinson, Esquire, filed a Petition for a Rule to Show Cause why the custody evaluation originally performed by Dr. Pauline Wallin should not be supplemented and updated at the joint expense of the parties and the February 5, 2003, hearing continued until the evaluation was completed. 11. Arising from the Rule was an Order of Court dated January 30, 2003, requiring the parties to engage in a custody evaluation with regard to their son Noah. 12. On February 25, 2003, Respondent through Attorney Robinson filed a Praecipe to Discontinue her Petition to modify custody. 13. On February 26, 2003, Petitioner filed a Petition to Strike-Off Respondent's Praecipe to Discontinue. 14. On February 28, 2003, Respondent's Discontinuance was stricken. 15. On March 21, 2003, Respondent's then counsel, Gerald S Robinson, Esquire, filed a Motion for Rule to Show Cause why he should not be allowed to withdraw as counsel for Respondent and allow Respondent to proceed Pro Se, representing that "pro se" was in fact Respondent's desire. 16. Based upon Respondent's representations and relying thereon, Petitioner did not object to counsel's withdrawal. 17. A mere three (3) days later, on March 24, 2003, counsel for Petitioner (the undersigned) received a facsimile from Respondent's new counsel (and 6th counsel of record in less than 2 years) indicating that he has entered his appearance on behalf of Respondent along with a copy of the Praecipe to Enter Appearance. 18. Thereafter, Petitioner, through counsel, has received approximately 13 facsimiles from Respondent's new counsel consisting of letters and Motions to the Court including, a request to continue the custody trial scheduled for May 28, 2003. 19. Presently, the subject custody schedule provides that Respondent has primary custody of the two (2) minor girls and shared physical custody with Petitioner of the minor boy. 20. The present custody schedule essentially reflects Dr. Wallin's original report and recommendation with the exception of Dr. Wallin recommending that the parties share physical custody of the minor boy on a week on week off basis instead of the present arrangement of basically a two (2) two (2) three (3) alternating basis. 21. Petitioner only sought and continue to seeks to have the schedule changed to 1) reflect week on and off for the minor boy, 2) defined periods for holidays and vacations and manner in which the parties communicate and 3) acknowledging Cumberland Valley school district as the minor boys school. 22. The foregoing paragraph essentially defines the modifications Petitioner sought. 23. Dr. Wallin's report and recommendation were unnecessary in this regard. 24. Dr. Wallin's report and recommendation were was only sought by Respondent through her petition to modify and supporting Rule to Show Cause which she subsequently withdrew. 25. The costs and fees associated with Petitioner's position have become exhorbitant. 26. Respondent's unreasonable positions and abuse of the system have caused Petitioner to incur unnecessary fees and costs in presenting his case to your Honorable Court. 27. Respondent's actions in: a. petitioning the court to modify custody and sUbsequently withdrawing the same in an effort to derail the proceedings combined with; b. filing a Motion to supplement Dr. Wallin's report and having a Rule entered to Show Cause why such should not be undertaken at the joint expense of the parties while currently arguing that she should not be jointly obligated but instead only be obligated for 30% of such costs; and, c. representing to the court that Mr. Robinson should be allowed to withdraw from representing the Respondent because she desired to proceed pro se yet less than 72 hours after making such representation, new counsel entered his appearance on behalf of Respondent; and, d. finally, requesting the court to continue the May 28th custody hearing before your Honorable Court, amount to a fraud upon the court and this Petitioner. 28. Respondent's conduct has been and continues to be dilatory and is reprehensible, egregious and offensive to this proceeding and generally to our legal system. 29. Respondent's conduct is specifically intended to cause Petitioner financially and emotional harm and implemented to undermine this process. 30. Petitioner has relied upon the representations Respondent has made through counsel to this court and practically in every instance, such representation has proven to be false. 31. Your Honorable Court has the authority to enter an order pursuant to Pa.R.C.P. 1023.1 (c), et seq, sanctioning Respondent appropriately including, but not limited to, paying a penalty to the court, awarding reasonable attorney fees incurred by Petitioner in pursuing and defending this matter and paying Dr. Wallin's fees and costs; see Pa.R.C.P. 1023.4(2)(i, ii, iii). WHEREFORE, Petitioner respectfully requests that your Honorable Court sanction Respondent by: a. requiring Respondent pay a penalty unto the court for false and/or misleading representations to the court; and, b. awarding reasonable fees and costs to Petitioner in pursuing and defending this matter; and, c. requiring Respondent to pay all fees and costs associated with Dr. Wallin's supplemental report and recommendation and testimony thereon. Respectfully submitted, Miller Lipsitt LLC Z ' t'/A (i~:t f{ / / ,,- By: ~mes A. Miller, Esquire ~2157 Market Street Camp Hill, Pennsylvania 17011 -, (717) 737-6400 Wayne Janis, P1aintiff/Petitioner In the Court of Common Pleas Cumberland County, Pennsylvania v. No: 01-4772 Alisa Janis, Defendant/Respondent Civil Action - Law In Custody VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DA TE:Tuesday, May 13, 2003 ~~ Wayne Ja Wayne Janis, Plaintiff/Petitioner In the Court of Common Pleas Cumberland County, Pennsylvania v. No: 01-4772 Alisa Janis, Defendant/Respondent Civil Action - Law In Custody CERTIFICATE OF SERVICE I, James A Miller, hereby certify that I have forwarded the foregoing Motion to counsel for Plaintiff, Steven Howell, Esquire, 619 Bridge Street, New Cumberland, PA 17070, by facsimile (770-1278) and United States First Class Mail on May 1~ 2003. Date: 5/1~2003 Miller Lipsitt LLC i/~ ,," / /"..'" .-' /' (') ~; -;:'1 tl:; f'T; i, -,> 2:i-' U,;' _c t~~ \.' }:~.- ~;~-;; :.z (- "I "11 :-;I~ ',fl -;1 _...,." '''':> WAYNE JANIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001 - 4772 CIVIL TERM ALISA JANIS, DEFENDANT CIVIL ACTION - LA W CUSTODY ANSWER WITH COUNTERCLAIM TO RULE TO SHOW CAUSE TO: Plaintiff Wayne Janis c/o James A. Miller, Esquire Miller Lipsitt LLC 2157 Market Street Camp Hill, PA 17011 NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A mDGMENT MA Y BE ENTERED AGAINST YOU. 1-8. ADMITTED IN PART. Respondent does not dispute the pleadings, motions and orders filed of record to this case from May 23, 2002 - November 5, 2002. 9. DENIED AS STATED. The mediation conference was not held because Dr. Shienvold's office had only one (1) date in the remainder of 2002 (November 27,2002) and Alisa Janis was not timely informed of the available date by Attorney Robinson. Attorney Robinson acknowledges his mistake in a prior filing with this court. 10-14. ADMITTED. 15. DENIED AS STATED. Gerald S. Robinson filed a Motion to Withdraw seeking Rule to Show Cause, however, Petitioner's counsel received an Entry of Appearance by Steven Howell, Esquire by fax on March 24,2003. Until May 14,2003 Petitioner did not object to the change in counsel. 16. DENIED AS STATED. Respondent is without knowledge to know what Petitioner relied upon in making his decisions. Strict proof is demanded at time of trial. 17. ADMITTED THAT ON MARCH 24, 2003 PETITIONER'S COUNSEL RECEIVED A COVER LETTER AND ENTRY OF APPEARANCE. 18. DENIED AS STATED. Respondent incorporates her Counterclaim as though fully set forth in response to this allegation. If a response were required, Petitioner was served with routine correspondence and documents regarding the child support modification (filed by Petitioner on March 27, 2003) as well as the child custody case. 19. ADMITTED. 20. DENIED AS STATED. Dr. Wallin's February 7, 2002 Report speaks for itself and Petitioner's characterizations are expressly denied. 21-22. DENIED AS STATED. The pleadings speak for themselves and Petitioner's characterization are expressly denied. 23. DENIED AS STATED. Dr. Wallin's February 7, 2002 Report and Supplemental Report of May 21, 2003 speaks for itself and Petitioner's characterizations are expressly denied. 24. DENIED AS STATED. Petitioner did not object to this Court's Order of January 30, 2003 or file any objection to the Petition and Rule to Show Cause. 25. DENIED. The fees and costs are shared equally between the parties. 26. DENIED. ~26 is a conclusion of law to which no response is necessary. If a response were necessary it is expressly denied that Respondent's positions are unreasonable or constitute an abuse of the system. Respondent incorporates by reference her Counterclaim as though fully set forth. 27. DENIED. ~27 is a conclusion of law to which no response is necessary. If a response were necessary, Respondent incorporates by reference her Counterclaim as though fully set forth. 28-31. DENIED. ~28 through ~31 are conclusions of law to which no response is necessary. If a response were necessary, it is specifically denied that Respondent has engaged in any conduct entitling Petitioner to an award of counsel fees. Respondent incorporates by reference her Counterclaim as though fully set forth. COUNTERCLAIM 32. On May 13,2003 Petitioner and his counsel knew that Respondent had not filed with the Court any Motion for a Continuance. 33. Petitioner's allegations in ~27 (d) are knowingly false since a simple check with the Prothonotary would have confirmed that no Motion for a Continuance was filed by Respondent as of May 13,2003. 2 34. Respondent had sent a draft Motion for a Continuance to Petitioner on May 6, 2003 for Petitioner's concurrence or non-concurrence based upon the fact that Dr. Wallin's report would not be ready in accordance with Pa. RC.P. 1915.18 (i) and that the felony prosecution of Ms. Goth for forgery and theft by deception would not be completed by May 28, 2003. 35. On May 13,2003 Petitioner knew that Respondent had paid fifty (50%) percent of the invoice due Dr. Wallin on May 8, 2003. A true and correct copy of Dr. Wallin's Invoice dated May 22, 2003 shows the payment of $750.00 on May 8, 2003 by Alisa Janis. See Exhibit "A". A true and correct copy of Dr. Wallin's Invoice dated May 9, 2003 showing an outstanding invoice of$I,500.00 owed by both parties is attached as Exhibit "B". 36. Petitioner's allegations in ~27 (b) are knowingly false since Dr. Wallin's invoices confirm that Alisa Janis paid fifty (50%) percent of the outstanding invoice on May 8, 2003 - six days before the Motionfor Sanctions was filed by Petitioner on May 14,2003. 37. Petitioner filed this Motion for Sanctions because Petitioner's counsel was served with a letter on May 8, 2003 asking him to disclose whether or not he had engaged in unauthorized discovery by serving an ex parte subpoena for documents. A true and correct copy of Respondent's letter is attached as Exhibit "C". 38. Pa. RC.P. 1915.5 (c) requires an Order of Court to engage in discovery in a custody case. 39. Pa. RC.P. 234.1 (c) states: A subpoena may not be used to compel a person to appear or produce documents or things ex parte before an attorney, a party or a representative of the party. 40. As shown on Exhibit "D" Petitioner and his counsel engaged in prohibited ex parte discovery in violation of the Rules of Civil Procedure. 3 WHEREFORE, since Petitioner has: (1) clearly violated Pa. R.C.P. 234.1 (c) by engaging in ex parte discovery using a subpoena for records; (2) falsely claimed that a Motion for a Continuance was filed before this Court when it was not; and (3) and falsely claimed that Respondent had not paid fifty (50%) percent of Dr. Wallin's report when she had done so on May 8, 2003, Respondent is entitled to an award of counsel fees in accordance with Pa. R.C.P. 1023.1 and 1023.4. Respectfully submitted, BY: even Howell, Esq Ire 619 Bridge Street New Cumberland, P A 17070 (717) 770-1277 Supreme Court J.D. 62063 Attorney for Respondent Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all counsel of record via postage prepaid, first class United States Mail addressed as follows: James A. Miller, Esquire (Via Telecopier 737-5355) Miller Lipsitt LLC 2157 Market Street Camp Hill, P A 17011 Date: May 27, 2003 4 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authorities. BY: ~~ ~.9~ Alisa E. Janis . 5-d7'OJ Date: / .ill LUU..::i J. :,~ U:J ,'.l.. l' i' e,J..L :J--+'::" '.....'HL.-'-J.I.. Pauline Wallin Ph.D. Psychologist 201 South 32nd Street Camp Hili, PA 17011 (717) 761-1814 Bill To: Alisa Janis 33 Logans Run Road Encls, PA 17025 Bill as of : May 22, 2003 Ollte Transaction Dia~no.is PreviouS Balance 03/06/2.003 Wayne Janis 03/11/2003 Wayne and Noah 03/13/2003 Elizabeth Goth 04/08/2003 Wayne and Noah 04/09/2003 Beth Goth & Noah 04/15/2003 Ailsa Janis 04/28/2003 Elizabeth Goth and Wayne Janil 05/05/2003 Alisa & Noah Janis 05/07/2003 Alisa Janis 05/08/2003 AlisalDanielle/Jessica 05/08/2003 Payment. Alisa Janis OS/21/2003 Beth Goth MMPI 50% OS/21/2003 Review records/prep, of report ( 8hr/$150) Please Pay this Amount: I Pauline WlIllin Ph,D. P.ychologi_t License Numb.r: PS003501.L Employer 10: 23.2330817 Total Owed $0.00 $75.00 $75.00 $75,00 $75,00 $75,00 $75.00 $75.00 $75,00 $75.00 $75.00 ($750.00) $37,50 $600.00 $637,50 $63750 I FILE COpy - - - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 05/08/2003 12:12 . . --------------------------.--..-----------------.---------------------------.--------------------------------- . . F'AGE 02 71 77E,11 g42 F' ~'JALLI N i Pauline Wallin Ph.D. Psychologist 201 South 32nd Street Camp Hill, PA 17011 (717) 761-1814 ~ Bill To: Alise Ja'lis 33 LoganlJ Run Road Enola: PA 17025 Bill as of : Date 03/06/2003 03/11/2003 03/13/2003 04/0812003 04/09/2003 04/15/2003 04/2812003 05/0512003 05/07/2003 May 9,2003 T~~~~o.~,_ _______018gn08'. Previous Balance Wayne Janis Wayne and Noah Elizabetr. Goth Wayne and Noah Beth Goth & Noah Ailsa Janis Elizabeth Goth and Wayne Janil Alisa & Noah Janis Ailsa Janis Total Owed $0.00 $150.00 $150,00 $150,00 $150.00 $150.00 $150.00 $150.00 $150.00 $150,00 $1,350.00 Please Pay this Amount: L $1,350,00 I 5/8/2003 Alisa is due jn our office today w/her daughters ,Q Paulinll Wallin Ph,O. Psyehologl8t Lieen&& Numbpr: P80031101-L ,It_, _ 150.00 $ 1500.00 Q ./' Steven Howell Attorney At Law 619 Bridge Street New Cumberland, Pennsylvania 17070 717 -770-1277 717-770-1278 Telecopier May 8, 2003 James A. Miller, Esquire (Via Telecopier 737-5355) Miller Lipsitt LLC 2157 Market Street Camp Hill, PA 17011 Christopher J. Keller, Esquire (Via Telecopier 796-3600) 101 South Market Street Mechanicsburg, P A 17055 RE: Janis v. Janis, No. 2001 - 4772 (Cumberland County - Custody) Janis v. Janis, No. 91 S 2001 (PACSES 762103012) (Cumberland County - Support) Dear James and Christopher: I have no intention of responding "tit for tat" by letter as has been the custom in this case. However, pursuant to ~6G of the Custody Order Mrs. Janis can call the home ofMr. Janis and Mrs. Goth to speak with any of the children. It is not telephone harassment and Mrs. Goth is simply going to have to learn to put the calls through to the children. Second, Mrs. Janis has every right to "ring the doorbell" or "knock on the door" when she arrives at 408 Pawnee Drive for custody purposes. Judge Placey's letter should have made it crystal clear that sending a "No Trespass" letter to a parent while simultaneously demanding that 408 Pawnee Drive remain the exchange site is simply not feasible. Finally, it is my understanding that both of you have engaged in discovery by using at least one Subpoena for the Production of Documents. Did the trial court authorize such discovery in accordance with Rule 1915.5 (c)? Did your office comply with Rule 4009.22 - 4009.25? Please inform me as to what authorization you had to engage in discovery in a child custody case within five (5) days as well as the entities upon which you served discovery. Very truly yours, SHlbth cc: Alisa Janis ,r-- ********~************~*********'*****'******:+:************************** * * * TRANSACTION REPORT * * MAY-0:::-03 THU 09 :32 AM *' :+: * * F I) F~ . STE\lEt,j HO~4ELL ESQUIF~E 717 770 1278 *' . *' :+: * SEND *' * *' *' DATE ::;TAf<:T F~ECE 1"lEF.: PAGE:; TI~1E NOTE * *' ............-- *' * ~1A"(-08 0'3 : 31 A t,t 7375355 1 48" OK *' * - *' **'*********'*'****************************'*'*'*'************************** --,----------,--,.,-_.._,----,---'-'-----'---'------'--,--,---,------,,--,--------,--'----------'--------' ***********'**************'********'********************************'***'* FOR: STEVEN HOWELL ESQUIRE 717 770 1278 * * *' *' * :+: :+: * :+: * * * * :t: :+: * TRANSACTION REFORT MAY-08-03 THU 09:33 AM .--.- :3END :+: :+: -- *' MAY-08 09:32 AM 7963600 1 50" OK :f: :+: :+: :+: DATE ::;TAF.:T F.:ECE I '....EF:: PAGES TI~1E NOTE :+: :+::+:**********:+:***:+::t:*********'**~******:+:***'*'***'********'***'***********:+:** ~...,.......toll.._"",,,,,,,-,-, ~.... - - - - - ... - - - - - - - - - - - - - - - .. - - - - - - - - - - - - . - .. - - - - - - - - - - - - - - - - - - - - - - - - - - . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Wayne Janis, NO. 01-4772 ~ Plaintiff v. Alisa E. Janis, Defendant Action in Custody SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cumberland Count Office of Emergency Preparedness Within twenty (20) days after service of this subpoena, you are ordered by this court to produce the following documents or things: Any and all documents and reports, including records of phone calls that relate to incidents at: a) 33 Logans Run, Enola, PA between January 1,2002 until the present date. at the Law Offices of James A. Miller, 2157 Market Street, Camp Hill, PA 17011. You may deliver or mail legible copies of the documents or produce things requested by lhis subpoena. together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t"went)' (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This sub;:oena was issued at the request of the following person: Address: Christopher J. Keller. Esquire. I.D.86889 Attorney for Plaintiff 2157 Market Street Camp Hill, PA 17011 (717) 737-6400 Name: Telephone: Date: ~ . II. ~~ SEAL OF THE COURT: >- ~ I-' (; &? ~~~ '.,L ,'" o~.. C~~ :...l.~ t~.: t-.C,~ -........, . LC :-L: I... LL o ..:J" N .. CO x: c:: C '7 ":5..____ .:).:':. ;)~ (J~ . >- >00 ,)2 Her- --. U.Jill ..no.. -5 :s (.) CC) N >- c--x :&.: ('") o WAYNE JANIS, PLAI NTI FF V. ALlSA JANIS, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4772 CIVIL TERM ORDER OF COURT J"'2wL day of June, 2003, the motion of Wayne Janis for sanctions against Alisa Janis, IS DENIED. James A. Miller, Esquire For Plaintiff Steven Howell, Esquire For Defendant :sal ./ ,~ ,~ f.,_03-03 C}. 'ilN\il\lASNN3d }J.NnO:) n:,"ntJ38V'-:r\Q '" n l,.' ,,~ 7 - ~I"I" {,"fl t.. 'I ;,_, l,~ 'j [1ll vI... WAYNE JANIS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ALlSA JANIS, DEFENDANT 01-4772 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of June, 2003, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders as to Noah Janis, born April 17, 1997, are vacated. (2) The father, Wayne Janis and the mother, Alisa Janis, shall have shared legal custody of Noah. (3) Subject to the special provisions of this order, the mother and father shall have shared physical custody of Noah week on and week off throughout the year, with transfers on Sundays at 8:00 p.m. (4) During the summer school vacation period of 2003, the father shall have Noah from 4:30 p.m. on Friday, June 13th to 8:30 p.m., on Sunday, June 22nd; from 4:30 p.m. on Friday, June 2th until 8:30 p.m., Sunday, July 6th; and from 4:30 p.m., on Friday, August 1st until 4:30 p.m. on Friday, August 8th. The mother shall forthwith notify the father of three separate summer weeks that she chooses to be with Noah, which weeks shall extend from Fridays at 4:30 p.m. through the Sunday a week later at 8:30 p.m. (5) During the summer school vacation periods of 2004 and beyond, each parent may have Noah for a three week consecutive period, those weeks to be determined by the parents not later than thirty days before the end of the school year. (6) Christmas shall be divided into alternating segments. Segment "A" is noon on December 24th to noon on December 25th, and segment "B" is noon on December 25th to noon on December 26th. In odd number years, mother shall have segment "A" and father segment "B." In even number years, mother shall have segment "B" and father segment "A." (7) Thanksgiving shall be alternated each year from 4:30 p.m. on the day before Thanksgiving until 9:00 p.m. on Thanksgiving Day. The mother shall have the Thanksgiving period in odd number years and the father in even number years. (8) The mother shall always have Noah on Mother's Day from 9:00 a.m. until 8:00 p.m., and the father shall always have him on Father's Day from 9:00 a.m. until 8:00 p.m. (9) All transfers shall be made by the parent or designee receiving Noah at the home of the parent who has Noah. (10) Each parent that has Noah for any period of a week or longer shall have Noah phone and connect with the other parent twice each week. (11) Noah shall attend the school district in which the mother lives as long as she lives in Cumberland County. (12) Any changes in this schedule shall be by mutual agreement. No parent shall indicate that a change is going to take place without an agr t. Vll\'V/\lASNN3d A1Nn08 (1;:\f'H"?8~n8 S') :S !!,' d 7 -- NrW SO AtJvl() , ~:i;~.l , ).. James A. Miller, Esquire For Plaintiff Steven Howell, Esquire For Defendant :sal '- WAYNE JANIS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ' ALlSA JANIS, DEFENDANT 01-4772 CIVIL TERM MEMORANDUM IN SUPPORT OF CUSTODY ORDER OF JUNE 2. 2003 Bayley, J., June 2, 2003:-- A shared custody arrangement is in the best interest of Noah. A week on week off is better than the current shared custody schedule. We have set a special schedule for each summer, Christmas, Thanksgiving and mother's and father's day. All other holidays and Noah's birthday fall within the regular alternating weekly schedule. We refuse to require that transfers be at a neutral place. These parents cannot disengage as they raise this young child. We recognize that there may be occasions when the father or mother cannot provide the transfer and it will be necessary for a designee to do so. We refuse to enter an order with respect to Noah's activities and medical care, or to otherwise micromanage his life. It is time for the parents and their significant others to grow up and to make these arrangements work. VlNVA1/\SNN:Jd AINno:') C\I'.:lJtfJ8Wno C'? :::; ;;,1 .?- pmr GO :/0 James A. Miller, Esquire For Plaintiff Steven Howell, Esquire For Defendant :sal Wayne Janis, Plaintiff In the Court of Common Pleas Cumberland County, Pennsylvania v, No: 01-4772 Alisa Janis, Defendant Civil Action - Law In Custody NOTICE TO DEFEND CUSTODY RIGHTS You have been sued in Court to obtain custody, partial custody, or visitation ofthe children herein named, If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and you may lose rights important to you, including custody or visitation of your child, OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 A VISO PARA DEFENDER USTED HA SIDO DEMANDADO EN LA CORTE, Si desea defenderse de las quesjas expuestas en la paginas siguientes, debe tomar accion antes de la audiencia fijada en la Directiva anexa, Se Ie avisa que si no se defiende, el caso puede proceder sin usted y una Orden puede ser emitida por la Corte en su contra sin mas aviso por cualquier qw~ja 0 compensacion rec Lamados en la Peticion, Usted puede perder propiedades u otros derechos importantes para usted, USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO DE UNA VEZ, SI NO TIENE 0 NO PUEDE P AGAR UN ABOGADO, V A Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER A YUDA LEGAL. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 Wayne Janis, Plaintiff In the Court of Common Pleas Cumberland County, Pennsylvania v, No: 01-4772 Alisa Janis, Defendant Civil Action - Law In Custody PETITION TO MODIFY CUSTODY ORDER APRIL 18. 2002 NOW COMES Petitioner, Wayne Janis, by and through his attorney, James A, Miller, Esquire, and respectfully petitions your Honorable Court to modify the existing custody order as it relates solely to the girls, Danielle Janis DOB 8/6/87 and Jessica Janis DOB 7/10/89 and for reasons therefore states: 1, Petitioner is Wayne Janis (hereinafter "Father"). 2, Respondent is Alisa Janis (hereinafter "Mother"), 3, The parties are the parents of the minor children, Danielle, DOB 8/6/87, Jessica, DOB 7/10/89 and Noah, DOB 4/17/97, 4, With regard to their minor son, Noah, the present custody order as it relates to him is not in dispute, 5, With regard to their two minor daughters, the On April 18, 2002, Order of Court defining custody between the parties over the named children herein was entered by way of stipulation (see attached Exhibit A attached hereto, April 18,2002, Custody Order) must be modified to the extent that Petitioner is now the primary custodian, 6, Petitioner requests such change because on or about September 16, 2003, the girls moved into Petitioner's home and have every intention of remaining with Petitioner and Petitioner has every intention of keeping thEl girls with him, 7, Your Honorable Court has the authority to grant the relief requested herein, WHEREFORE, pursuant to Pa, R.C,P, 1915,13, Father respectfully requests your Honorable Court to modify the custody order with primary custody of the two minor girls in Father. Respectfully submitted, MILLER L1PSIJT, LLC ~' James A. Mill r, Esquire 2157 Market treet Camp Hill A 17011 (717) -Ei400 VERIFICATION I verify that the statements made in the attached ClJmplaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsworn falsification to authoritie DATE: September 17, 2003 'l Wayne Janis, Plaintiff In the Court of Common Pleas Cumberland County, Pennsylvania v No: 01-4772 Alisa Janis, Defendant Civil Action - Law In Custody ORDER AND NOW, this --1Zi),.day of APe j\ ,2002, upon review and consideration of the Stipulation for Custody between Plaintiff, Wayne Janis ("Father") and Defendant, Alisa Janis ("Mother") concerning legal and physical custody of their subject natural born children, Danielle, DOB 8/6/87, Jessica, DOB 7/10/89 and Noah, DOB 4117/97, it is hereby: ORDERED, that: I, Mother and Father shall share legal custody of their children as such relates to th~ir health, education and welfare, The parents agree that Noah will attend the East' Pennsboro School District for the 2002-2003 school year. 2, Physical custody of the children shall be as follows: A. Danielle and Jessica shall be with Mother except as follows: I, Every other weekend commencing 4:30 p,m, Friday, April 26, 2002, through Sunday evening, April 28, 2002, 8:00 p,m, and such weekend schedule shall continue on an alternating basis with Father. Mother shall pick the girls up at the end of this custodial period, 2, During the interim week (when Father does not have the following weekend), Thursday nights from after school through 8:30 p,m, Father shall pick the girls up at the beginning of his custodial period and mother shall pick them lip at the end, . " ", "~ Janis Cllstodv Order B. Noah shall be with Mother and Father as follows: li"'o' ,,'" LMon~.Cl,y'________,.. ~Tuesday :Wednesda :Thursday :.~.r.j.~.ax_... :Saturday ~Sunday Noah No.h i ....... .......h........9..~.~.~~.~.~.~..! ........................~ , """, """"""1 WEEKONE ... . ... ..n "\iiiJ y n e .. _ .......................~ Alis. Wayne Wayne Alisa ................._h............ Alisa A lisa ...............................~..l.i.~.~.. ..............................! Way no o n.. .W..a.~in.e... ,(ii"sa Alisa .......................,......l ......A.j.j.s.a... Alisa n.t -! WEEK TWO . . .....-........ - - .... ..... -........... .......... ............................................ 'h"'~ .........,.........................-........ ............................, Monday .TuE'::>.~,ax__ Wednesday !h,uf.S da y F nda y S aturda Sunday Alisa A risa .-........ ................................... Wayne Wayne Alisa . \JIJ._a_y.~.~ Wayne Alisa '--Wayii-e'" . :..Vj..~:y.~.~::... Alisa ............................................. Wayne Wayne ......................~ Wayne .......~ j 1. Father shall have every Tuesday at 3:30 p,m" or if Noah is in School then after school lets out, through Thursday morning, 8:00 a,m, Father shall pick Noah up at school or from the bus stop during these weekday custodial periods 2, On Father's weekend with Noah, he shall deliver Noah to school or to Mother by 8:00 a,m, Monday, Father will pick Noah up at Mother's house with Oanielle and Jessica as defined above in section 2A(l ) 3, SUMMERS: The schedule above shall remain the same throughout the summer excepting Father's right to enjoy three (3) non-consecutive, uninterrupted weeks of vacation with the children with sixty (60) days advance notice to Mother. Father shall be responsible for picking up the children at the beginning of his custodial periods and Mother shall be responsible for picking them up at the end of Father's custodial periods, '. J 4, FIRST RIGHT OF REFUSAL: In the event either Mother or Father is unable or unwilling to exercise his or her periods of custody as provided herein, then the other party shall be entitled to such periods of custody and shall have the right to elect such period prior to the placement of the child(ren) with a third party, If either party elects not to exercise their first right, then the other party has the right to know and approve the third selected, " , Janis Custody Order 5 HOLlD.-\. YS .-\., The parties shall alternate the following holidays - Thanksgiving, Christmas, New Years and Easter. 1. in even vears, Father shall have the eve of the holiday from 6 p,m, through 3 p,m, on the day of the holiday and Mother shall enjoy the remaining portion of the holiday; 2, in odd years, Mother shall have the eve of the holiday from 6 p,m, through 3 p,m on the day of the holiday and Father shall enjoy the remaining portion of the holiday, B, Mother shall have custody every year on Mother's Day and Father shall have custody every year on Father's Day; each from 9 a,m, through 5 p,m, in the event such day does not fall on eilher party's regularly period of custody and the party receiving such day shall be entirely responsible for the transportation involved, C. The non-custodial parent shall enjoy the birthdays of the children for a period of three (3) hours and the non-custodial parent shall be entirely responsible for the transportation involved, In the event the non-birthday children have other activities planned, the non-custodial parent exercising his or her three (3) hour period shall not demand that the non-birthday children attend, 6, GENERAL A Father and Danielle and Jessica, at Father's cost(s), may participate in counseling, B, The welfare and convenience of the child shall be the prime considerations of the parties in any application of the provisions of this Order, Both parents shall listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues, ", , J ~~ C. The parties are to deal directly with one another and not through the children in relaying information, D, Neither parent nor a third party within the parent's circle shall speak disparagingly of the other parent Each of the parents and any third party in the presence of the children shall take all appropriate measures to foster a feeling of affection between the children and the other parent, Neither, parent shall do nor shall either parent permit any third person to say Janis Cllstodv Order anything which may estrange the children from the other parent or the relatives or injure the child's opinion of the other parent or which may hamper the free and natural development of the child's love and respect for the other parent, E, The parties shall cooperate with each other to the extent reasonable and, possible with regard to any make-up time, ' F, In the event the parents agree that behavioral problems are developing with Noah, they will work towards resolving such problem(s) with Noah's best, interests in mind, For example, if Noah appears disturbed on Sunday evenings when the girls return to their mother, the parents will instill reasonableness and practicality in determining the child's best interests, G, With respect to telephone calls, both parents agree to use common sense in scheduling telephone calls to talk to the children, Both parents agree to: refrain from preventing the parent who may be calling from talking to the children, provided that the telephone calls are not excessively frequent ,or so long in duration that they disrupt the children's schedule, H, If either party and the children are not in town and are on vacation, the other party shall receive a phone number for emergency purposes only, The parties acknowledge that Mother wil'l be out of town from MaY: 3 thorugh ;-"lay 7 with Noah and Father's lost time with Noah shall be made up within two (2) weeks ofretum. BY THE COURT: Isle~~ ~ .8~ J ], ", TRUE cm:oy FROM m:CORO In Testimony v;,~~<1'Jrcof, ! ~:(jre unto sat my fl.~nfj and,. t~l/ of c3id CD 'l ilt ~z:rlis!a. Pa r~i.' ~~day of r: /. , ~ ,,~ Janis Custody Order "JJ ~ (~.) 0 t n ~.') ~ " , '~ ...... 0 C~) ~ 10 r"-) ~'.'."" i-, )oJ J! -"'-. .IJ ~ -J) () li-n r.- , t' 10 :':'J :0:- -< WAYNE JANIS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNIY, PENNSYLVANIA v, 01-4772 CIVIL ACTION LAW ALlSA JANIS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, Septemher 25, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, October 22, 2003 , the conciliator, at 8:30 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. 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 herehy 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: Isl Dawn S. Sunday. Esq. Custody Conciliator c' 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 I iO 13 Telephone (717) 249-3166 ~ $v ?- ~ ~ c:C? r/}~~ ~ #e:' fl' ~W-~I?, D:?~tf ~ ~~~~/'P W'''Jl?p ~N\f^lASNN3d A.1NnO':) '::W';,'11:138Wno OZ :2 t./d 9Z d3S CO Al:NlOi'(OH10d,': :;,:; ~f\ :1" ~ ~"4 ;JV ""t:I:KKJ3lH WAYNE JANIS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI v, ALlSA JANIS, DEFENDANT 01-4772 CIVIL TERM ORDER OF COURT: AND NOW, this 20th day of October, 2003, the petition of Alisa Janis to require the appearance of the parties' daughters, Danielle and Jessica to attend a conciliation conference on October 22, 2003, IS DENIED. ./James A, Miller, Esquire For Wayne Janis ' ~ > Lf0d'~.d. R~3 J()-:lI-CJ3 ~teven Howell, Esquire For Alisa Janis /Dawn Sunday, Esquire Custody Conciliator :sal G> ,,,"- 0::: /'3." AN' r. ,,- e) CJ 'V I--. ( " (3" 0J <:::) ;1 " ;. "\..~ 6:~. ,; .;', r;:-, -::t c\: r.'"-: '=?~~r ./2 ," I~:,') .f> J"~;;- '.,~/fl.5 ,'5 (j WAYNE JANIS, vs, ALISA JANIS C, -, LUUj Plai tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN 01-4772 CIVIL ACTION LAW Defi ndant IN CUSTODY ORDER OF COURT AND NOW, th s ~ day of C9.-M ___ , 2003, consideration of the atta ed Custody Conciliation Report, it is ordered and directed as follows: up n I. The prior Orde of this Court dated April 18, 2002 is suspended and replaced by the provisions of this Order. he prior Order of Court dated June 2, 2003 shall continue in effect. 2, The parties sha I participate in a course of counseling with Arnold Shienvold, PhD, The purpose of the counselin shall be to assist the parties in establishing sufficient communication and cooperation to enable the to effectively co-parent their children, All costs of counseling which are not reimbursed by insur ce shall be shared equally between the parties, The parties shall follow Dr, Shienvold's recommenda ions concerning the frequency and duration of the counseling, 3, The parties shal select a counselor for Danielle and Jessica for the purpose of assessing the Children's needs and pro iding professional recommendations concerning ongoing custody arrangements which will est serve the Children's interests or the parties shall initiate an updated custody evaluation of the arties and the Children in order to obtain recommendations as to ongoing custody arrangements whi h will best serve the Children's needs, All costs of the counseling or evaluation shall be shared qually between the parties, The counselor or evaluator shall be selected by mutual agreement of the pies, 4, Pending further greement of the parties or Order of Court, the Mother shall have custody of Danielle and Jessica for uninterrupted two week period beginning as soon as possible following the conciliation conference an thereafter, the parties shall share having custody of their daughters on the same schedule under whic they currently share custody oftheir son, Noah, pursuant to the June 2, 2003 Order, In addition, th noncustodial parent shall be entitled to have custody of Danielle and Jessica for one overnight p riod during the other party's weekly custodial period, 5, The parties shall ommunicate directly with each other concerning all issues regarding the Children without the invol ement ofthird parties, 6, Upon receipt and in the event the p contact the conciliator t f the recommendations from the Children's counselor or custody evaluator I es are not able to reach an agreement at that time, counsel for either party mllY schedule an additional custody conciliation conference or a hearing, ' 7, This Order is ntered pursuant to an agreement of the parties at a Custody Conciliation Conference, The parties ay modify the provisions of this Order by mutual consent. In the absence f mutual consent, the te s ofthis Order shall control. , Edgar B,1fa:yley L ccL.<ffimes A. Miller, Esq ire - Counsel for Father ."Bteven Howell, Esqui - Counsel for Mother \Jt;!-f.~ ~j f\){5 /() . ~e.cf3, ."- If 2~ !J.J~' .. u""."" _ (!::.) /?~ ~ ~ 17<"- ~. Q~ i'[/('," ;:;; '<i>-rj~. ~ . :f:' 1--. .-:--J~ !-.. 0:..., t& & :; ~ .::::> cs WAYNE JANIS, vs, ALISAJANIS Plai tiff IN THE COURT OF COMMON PLEAS OR CUMBERLAND COUNTY, PENNSYL V ANr4 , 01-4772 CIVIL ACTION LAW IN CUSTODY Prior Judge: Edgar B, B ley C STODY CONCILIATION SUMMARY REPORT IN ACC RDANCE WITH CUMBERLAND COUNTY RULE OF CIVI PROCEDURE 1915.3-8 the undersigned Custody Conciliator submits the following report: I. The pertinent i formation concerning the Children who are the subjects of this litigation i as follows: NAME Dallielle Jallis Jessica J allis Noah Jallis DATE OF BIRTH Augm;t 6, 1987 July 10, 1989 April 17, 1997 2, A Conciliation onference was held on October 22, 2003 with the following individuals in attendallce: The Father, ayne Janis, with his counsel, James A. Miller, Esquire, alld the Mother, Alisa Jallis, with her couns I, Steven Howell, Esquire, 3, The parties agree to entry of all Order in the form as attached, Date {~~-0 Dawn S, Sunday, Esquire Custody Conciliator Wayne Janis, Plaintiff/Petitioner In the Court of Common Pleas Cumberland County, Pennsylvania v, No,: 01-4772 Alisa Janis, Defendant/Respondent Civil Action - Law In Custody NOTICE TO DEFEND CUSTODY RIGHTS You have been sued in Court to obtain custody, partial custody, or visitation of the children herein named, If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are wamed that if you fail to do so, the case may proceed without you and you may lose rights important to you, including custody or visitation of your child, OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 A VISO PARA DEFENDER USTED HA SIDO DEMANDADO EN LA CORTE, Si desea defenderse de las quesjas expuestas en la paginas siguientes, debe tomar accion antes de la audiencia fijada en la Directiva anexa, Se Ie avisa que si no se defiende, el caso puede proceder sin usted y una Orden puede ser emitida por la Corte en su contra sin mas aviso por cualquier queja 0 compensacion rec Lamados en la Peticion, Usted puede perder propiedades u otros derechos importantes para usted, USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO DE UNA VEZ, SI NO TIENE 0 NO PUEDE P AGAR UN ABOGADO, V A Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER A YUDA LEGAL. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 Wayne Janis, PlaintifflPetitioner In the Court of Common Pleas Cumberland County, Pennsylvania v, No.: 01-4772 Alisa Janis, DefendantlRespondent Civil Action - Law In Custody NOTICE AND ORDER TO APPEAR TO: Alisa Janis, c/o Steven Howell, Esquire - 619 Bridge Street New Cumberland, PA 17070, FAX: (717) 770-1278 Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court for custody, If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the court your defenses or objections, Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on , at M, in Courtroom Cumberland County Courthouse, 1 Courthouse Square Carlisle, Pennsylvania, IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST, If the court finds that you have wilfully failed to comply with its order for custody, you may be found to be in contempt of court and committed to jail, fined or both, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE FOURTH FLOOR CARLISLE. PA 17013 (717) 240-6200 Wayne Janis, Plaintiff/Petitioner In the Court of Common Pleas Cumberland County, Pennsylvania v, No,: 01-4772 Alisa Janis, Defendant/Respondent Civil Action - Law In Custody ORDER OF COURT AND NOW, this day of , 2003, upon review and consideration of Plaintiffs PETITION TO ENFORCE/MODIFY TERMS OF OCTOBER 28, 2003, CUSTODY ORDER & PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF OCTOBER 28, 2003, CUSTODY ORDER, it is hereby; ORDERED that a hearing on said Petition shall be held on the _ day of , 2003, at a,m./p,m, in Courtroom Number -' Cumberland County Courthouse, Carlisle, Pennsylvania, BY THE COURT: J, Wayne Janis, Plaintiff/Petitioner In the Court of Common Pleas Cumberland County, Pennsylvania v, No,: 01-4772 Alisa Janis, Defendant/Respondent Civil Action - Law In Custody PETITION TO ENFORCE/MODIFY TERMS OF OCTOBER 28, 2003 CUSTODY ORDER & PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER NOW COMES, Plaintiff/Petitioner, Wayne Janis, by and through his attorney, James A, Miller, Esquire, pursuant to Pa, R,C,P, 1915,12, 1915,15 and 23 Pa,C,S,A. section 4346, and respectfully requests that Defendant/Respondent, Respondent, be adjudged in civil contempt by your Honorable Court and that the October 28, 2003, Order of Court be enforced/modified and for reasons therefore states: I. Petitioner is Wayne Janis ("Petitioner") the father of three minor children, namely Danielle, DOB 8/6/87; Jessica, DOB 7/10/89; and, Noah, DOB 4/17/97, 2, Respondent is Alisa Janis ("Respondent") and the mother of said children, 3, CONTEMPT: On October 28, 2003, in response to Petitioner's petition for modification seeking primary custody of the two (2) aforementioned daughters, the conciliator Dawn Sunday, Esquire, entered an Order requiring the parties to participate in counseling with Arnold Shienvold, PhD, 4, Attached hereto as Exhibit A is a true and correct copy of said Order. 5, Petitioner has complied with said Order in that he has scheduled the meeting for the mandated counseling yet Respondent has knowingly violated said mandate by failing to confirm such scheduled time and wholly rejecting Petitioner's notice to confirm said counseling, 6, Respondent has continually engaged in a deliberate, knowing and willful course of conduct clearly aimed at defeating Petitioner's custodial rights in all regards, 7, MODIFICATION: On or about June 2,2003, after Hearing on May 28, 2003, your Honorable Court entered an Order defining custodial periods for the parties minor son including a holiday schedule, 8, The aforementioned October 28, 2003, Order of Court eliminated Petitioner's holiday and summer periods with his two (2) daughters, 9, Petitioner seeks to confirm his holiday and summer custodial periods with his daughters to mirror exactly those holiday and summer custodial periods with his son. 10, RELIEF: Short of finding Respondent in contempt for her violations of the October 28, 2003, Order of Court would be to permit and encourage Respondent to continue her course of unilateral action thereby resulting in Petitioner's continuing frustration in enjoying a healthy relationship with his children as encouraged by the courts and legislature, 11, Petitioner must be immediately permitted to enjoy his custodial periods without continuing and further obstruction levied by Respondent, 12, The best interests of the minor children will be served by enforcing the terms of the October 28, 2003, Order of Court, and providing for an Order that would confirm the holiday and summer custodial periods for the children WHEREFORE, Petitioner respectfully requests that your Honorable Court: 1. hold Respondent in contempt of court consistent with 23 Pa,C,S,A. section 4346 for her knowing and willful violations of the October 28, 2003, Custody Order and of Petitioner's legal and physical custody rights; and, 2, modifying the existing October 28, 2003, Order to include a holiday and summer schedule for the minor daughters reflecting that ofthe minor son, Respectfully submitted, MTLL~r:;;: Jame~~~SqUire 2157 M"ket Street C~ill, P A 17011 ~17) 737-6400 ~,', '.~ Plaintiff OCT 2 4 2003 ~(Q)L9W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE JANIS, vs. 01-4772 CIVIL ACTION LAW ALISA JANIS Defendant IN CUSTODY ORDER OF COURT AND NOW, this ;..~ day of (C)d:_obe.~ , 2003, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The prior Order of this Court dated April 18, 2002 is suspended and replaced by the provisions of this Order. The prior Order of Court dated June 2, 2003 shall continue in effect. 2. The parties shall participate in a course of counseling with Arnold Shienvold, PhD, The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their children. All costs of counseling which are not reimbursed by insurance shall be shared equally between the parties: The parties shall follow Dr. Shienvold's recommendations concerning the frequency and duration of the counseling. 3. The parties shall select a counselor for Danielle and Jessica for the purpose of assessing the Children's needs and providing professional recommendations concerning ongoing custody arrangements which will best serve the Children's interests or the parties shall initiate an updated custody evaluation ofthe parties and the Children in order to obtain recommendations as to ongoing custody arrangements which will best serve the Children's needs. All costs of the counseling or evaluation shall be shared equally between the parties. The counselor or evaluator shall be selected by mutual agreement of the parties, 4, Pending further agreement of the parties or Order of Court, the Mother shall have custody of Danielle and Jessica for an uninterrupted two week period beginning as soon as possible following the conciliation conference and thereafter, the parties shall share having custody of their daughters on the same schedule under which they currently share custody of their son, Noah, pursuant to the June 2, 2003 Order. In addition, the noncustodial parent shall be entitled to have custody of Danielle and Jessica for one overnight period during the other party's weekly custodial period. 5, The parties shall communicate directly with each other concerning all issues regarding the Children without the involvement ofthird parties. .. ?bil A- 6, Upon receipt of the recommendations from the Children's counselor or custody evaluator and in the event the parties are not able to reach an agreement at that time, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference or a hearing. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent, In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, )SJE'.dI)l'J.A. -An,9.Il( Edgar B. ,ayley r; cc: James A, Miller, Esquire - Counsel for Father Steven Howell, Esquire - Counsel for Mother TRUE.C61>Y nOM RECORD In Testimony?wbereo,f, I h9re untnet my hand and the,seal' of sa ,COU~m~~! ~a. T ....~X.... t,. - 0, ..~::"~ ~ ..... 'I .;:-u. ,"r P t~ /- :- r ' . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE JANIS, vs, 01-4772 CIVIL ACTION LAW ALISA JANIS Defendant IN CUSTODY Prior Judge: Edgar B. .Bayley 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 subjects of this litigation is as follows: ' NAME DATE OF BIRTH Danielle Janis Jessica Janis Noah Janis August 6,1987 July 10, 1989 April 17, 1997 2. A Conciliation Conference was held on October 22, 2003 with the following individuals in attendance: The Father, Wayne Janis, with his counsel, James A. Miller, Esquire, and the Mother, Alisa Janis, with her counsel, Steven Howell, Esquire. 3. The parties agreed to entry of an Order in the form as attached, 6 e.J..v'.><", :'). 3, J Q'l' ..... Date ( Dawn S, Sunday, Esquire Custody Conciliator Wayne Janis, Plaintiff/Petitioner In the Court of Common Pleas Cumberland County, Pennsylvania v, No,: 01-4772 Alisa Janis, Defendant/Respondent Civil Action - Law In Custody CERTIFICATE OF SERVICE I, James A. Miller, Esquire, hereby certify that I have forwarded a copy of the foregoing PETITION TO ENFORCE TERMS OF OCTOBER 28, 2003, CUSTODY ORDER & PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF October 28, 2003, CUSTODY ORDER, and to the person(s) and in the manner and on the date so indicated below, D'" I Ii, l't I ' ~ FAX: (717) 770-1278 UNITED STATES FIRST CLASS MAIL Steven Howell, Esquire 619 Bridge Street New Cumberland, P A 17070 MILLER LIPSITT, LLC Miller, Esquire arket Street C Hill,PAI7011 //(717) 737-6400 -------~ Wayne Janis, Plaintiff/Petitioner In the Court of Common Pleas Cumberland County, Pennsylvania v, No: 01-4772 Alisa Janis, Defendant/Respondent Civil Action. Law In Custody VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, 94904 relating to unsworn falsification to authorities, DATE:Monday, December 15, 2003 '\.l Y ~Q'Yoe J,"I, PI,'olffi (") ...., c =, ~ C;:J J:::::> .r::J "tI\"' ~ q ~o ~ CJ -; :D ~ "'I ~ Pi :r:,., ~ C) r;; nl;;::! '-. , , -om -c:. '0 '. ...., Cc.? '-' <) "'I Co -=-1(_) 0 ".... ._,._-""-,- ~ ....., :-;;)?J ~ f') ...."" en "'(/.) :,- S .. U, c-' r:-"1 C:, . e C I ' - ~ p ~ , ""', ,b :> (-' :.> -it>'"' ~ +-., - Q ~::>- ? i v - WAYNE JANIS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 01-4772 CIVIL ACTION LAW ALISA JANIS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 23, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, January 21,2004 at 8:30 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, 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 TIIE COURT, By: Isl Dawn S. Sunday, Esq. Custody Conciliator v 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 TIlE 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 r Il_ "_ H' Fr'Q"F'f'i: L_U- I IV! OF THr: F'DOTfJ(';' '(W"'" '- 'I i i _.'\'....':r:1J'1( ??/fJ' 2003 DEe 23 Pi; 12: 59 ~7 CU;'i~~i1;hc1\;0!/;i/NTi' /OJo13 >::'3 M C'~ ~ e, 4 ~ /.:J~3 -a.3 >1~ ~ z; ~ ;Yf~ /.;1';>34$ {/4Jt.~ ~ ~ ~~ ,~ ^'" - , ,~~ \)l(.~ Barbara Swnple,Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717)774-1445 WAYNE JANIS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, : NO, 01-4772 ALISA JANIS, Defendant CIVIL ACTION - LAW CUSTODY PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf ofW A YNE JANIS in the above-captioned matter, Respectfully submitted, ~2~ Dated: { .> , 2004 James ,Miller, Esquire , er Lipsitt LLC 2157 Market Street Camp Hill, PA 17011 (717) 737-6400 '"7--- Supreme Court LD, (p ( '/ S '7 PRAECIPE TO ENTER APPEARANCE c Please enter my appearance on behalf ofW A YNE JANIS in the above-captioned matter, ) y sub Date~7 ~004 arb Su - ullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court LD, 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 WAYNE JANIS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, NO, 01-4772 ALISA JANIS, Defendant CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certifY that on this date, I served a true and correct copy of the Praecipe, in the above-captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, P A 17070 DATE: February V2004 l R arbara umple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I,D, 32317 Attorney for Plaintiff C> c: f;'~ ,..., = c;.:::> .r;- ~ ::::JIOO ;;0 I s-; :~ -0 o -n oJ! .,., rl1f':"-; "Tlt,I\ -O'T S?I~,!, ~~ 2~~ >~,r" '::~, -,.:.: r;:> ~D :..r..: c:> WAYNE JANIS, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V, ALlSA JANIS, DEFENDANT : 01-4772 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of April, 2004, the hearing currently scheduled for April 12, 2004, is cancelled and rescheduled for Tuesday, May 5, 2004, at 11 :00 a,m" in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, Byth /Barbara Sumple-Sullivan, Esquire For Wayne Janis / Steven Howell, Esquire For Alisa Janis '7 ~ 01/ -C't-oq :sal \/i0P://\1,\~;i)t{:}d A'f,e, .-" ,..,."C'/"l:J '\:]1 1.: 'i"" 0"-".'''.,'1 . L j' '..' L,' , ,,' ,'~ ..... OS :01 fl~ 9- ~dV ~OOZ }j"i\"J.o[\JCt11CSd 3H1 ;jO ':V:I'J~C1-03ll~ _I"" . _ '" ~.' WAYNE JANIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 2001 - 4772 CIVIL TERM ALISA JANIS, DEFENDANT CIVIL ACTION - LAW CUSTODY PETITION FOR SPECIAL Rl~LlEF 1, A conciliation conference regarding the parties' two teenage daughters was held on October 22,2003 before Dawn Sunday, Esquire, The basis for the conference was Plaintiffs claim that both teenage daughters had resided with him since S(:ptember 16, 2003, 2, On October 28,2003 an Order of Court was entered because the Plaintiff (hereinafter "Father") claimed the parties' two teenage daughters wanted to reside with him on a primary basis, See Exhibit "A", Prior to October 28, 2003 the Order in place provided the Defendant (hereinafter "Mother") with primary custody of both teenage daughters, See Exhibit liB". 3, On November 8, 2003 Danielle N, Janis (DOB 8/6/87; Age l6Y:.) returned to live full time with her Mother by agreement of the parties, 4, On January 4, 2004 Jessica J. Janis (DOB 7/10/89; Age l4Y:.) returned to live full time with her Mother by agreement of the parties. 5, On December 17,2003 Father filed a Petition ~Dr Contempt for which the Conciliator issued a letter continuing the conference and relinquishing jurisdiction over his Petition Contempt as set forth on Exhibit "C", 6, A hearing is scheduled for May 5, 2004 on Father's second Petition for Special Relief and Mother desires that the parties' agreement and the settlement established on December 17, 2003 be enforced with a revised Order maintaining primary c:ustody of both daughters with her. Aside from the brief period oftime from September 16 - November 8, 2003 Danielle has always resided with her Mother since the parties' separation, Aside from the brief period oftime from September 16 - January 4, 2004 Jessica has always resided with her Mother since the parties' separation, Summer Vacation 7, The parties are also the natural parents on Noah W, Janis (DaB 4/17/97; Age 7), 8, On June 2, 2003 the Court entered an Order (see Exhibit "D") with regard to Noah and provided that: During the summer school vacation periods of 2004 and beyond, each parent may have Noah for a three week COfl!Secutive period, those weeks to be determined by the parents not later than thirty days before the end of the school year, [Emphasis Added]. 9, The parties alternate custody of Noah week on/week off throughout the year and Father has selected his three weeks of vacation so that Noah resides with his Father for five (5) consecutive weeks during the Summer of 2004. Father has refused to compromise on Mother's request to limit the summer vacation to no more than three consecutive weeks, 10, In accordance with Local Rules this Petition has been faxed to Father's attorney on April 26, 2004 and he has been requested to provide his response to the relief requested by 4:00 PM on Tuesday, April 27, 2004, Husband does not agree these matters should be heard on May 5, 2004, 2 WHEREFORE, The Defendant requests this Honorable Court to modify the existing Order of Court to reflect the status quo and clarify the summer vilsitation, Respectfully submitted, ~ BY: / ' Aen Howell, Esquire 619 Bridge Street New Cumberland, P A 17070 (717) 770-1277 Supreme Court LD, 62063 Attorney for Defendant Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all counsel of record via postage prepaid, first class United States Mail addressed as follows: Barbara Sumple-Sullivan, Esquire (Via Telecopier 774-7059) 549 Bridge Street New Cumberland, P A 17070 Date: L( I fl q If) l./ 71L BY: / /ven Howell, Esquire 3 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S,A. 94904, relating to lmsworn falsification to aUthOritie~ _ ~ BY: ~~ Alisa Janis now A lsa Eramo Date: 1d10i Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERlA,l'ID COU",,'TY, PE~"NSYL V M1A WAYNE J lll'lIS, 'liS, 01-4772 CIVIL ACTION LAW ALISA LA.f<'1S Defendant INC'USTODY ORDER OF COURT AND NO\V, this 2'::? ciay of C9cto1De.1\ , 2003, consideration of the attached Custody Conciliation Report; it is ordered and directed as follows; upon 1. The prior Order of this Court dated April 18, 2002 is suspended and replaced pythe provisions ofthis Order. The prior Order of Court dated June 2, 2003 shall continue in effect. 2. The parties shall participate in a course of counseling with Arnold Shienvold, PhD, The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their children, All costs of counseling which are not reimbursed by insurance shall' be shared equally between the parties: The parties sball follow Dr. Slrienvold's recommendations concerning the frequency and duration of the counseling, 3, The parties shall select a counselor for Danielle and Jessica for tbepurpose of assessin,g the Children's needs and providing professional recommendations cOllcerning ongoing custody , arrangements which will best serve the Children's interests or the parties shall initiate an updated custody evaluation ofthe partics and the Children in order to obtain recommendations as to ongoing custody arrangements which will best serve the Children's needs. All costs oftbe counseling or evaluation shall be shared equally between the parties. The counselo,r or evaluator shall be selected by mutual agreement of the parties, ' 4, Pending further agreement of the parties or Order of Court, the Mother shall have custody of Danielle a.nd Jessica for an uninterrupted two week period beginning as soon as possible following.the conciiiationcQnfCl'~ceimd1hereafter. the parties shilllshare ha,'lrig custodyoffueir daughters on the ,S;J.ffie schedule under,which they currently share cust.ody of their son, Noah,pursuant to the June 2, 2003 Order. In addition, the noncustodial parent shall be entitled to have custody ofDanielle and Jessica for one overnight period during the other party's weekly custodial period. 5. The parties shall comrnunicate,directly with each other concerning all issues regardingtbe Children without the involvement of third parties, ., 6, Upon receipt of the recommendations from the Children's counselor or custody evaluator and in the event the parties are not able to reach an agreement at that time, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference or a hearing, "ataCustody Conciliation '""twdconsent. In the absence of '" BY THE COURT, 15)fdl~)-B.11I~"r- Edgar B. ~:2yley h cc: James A. Miller, Esquire - Counsel for Father Steven Howell, Esquire - Counsel for Mother TRUE. COpy FROM RECORD In Testimoil'l:whereof, I h~re un'to'set my hand and the"seai' of sal "co.u~:;Karl~~~ ~,a. ;....~~l,. a, !"~"C),._::"; % ' .. ' .' . . h -. . ";'-'.. , "- Pr thono~ .. . _. \;~ .- Wayne Janis, Plaintiff In the Court ofCovunoEl Pleas Cumberland County, PennsylvaIiia v. No: 01-4772 Alisa Janis, Defendant Civil Action - Law In Custody ORDER ~ND ~OW, this ~day of ~r;1 '. ,2002, ?pon review and consIderatIon of the StIpulatIon for Custody between PlamtJif, Wayne Jams ("Father") and Defendant, Alisa Janis ("Mother") concerning legal and physical custody of their subject natural born children, DanielJe, DOB 8/6/87, Jessica, DOB 7/10/89 and Noah, DOB 4/17/97, it is hereby: ORDERED, that: I, Mother and Father shall share legal custody of their children as such relates to their health. education and welfare, The parents agree that Noah will attend the East Pennsboro School District for the 2002-2003 school year, 2, Physical custody of the children shall be as follows: A, Danielle and Jessica shall be with Mother except as follows: I, ,Every other weekend commencing 4:30 p,m, Friday, April 26, 2002, through Sunday evening, April 28, 2002, 8:00 p,m, and such weekend schedule shall continue on an alternating basis with Father, Mother shall pick the girls up at the end of this custodial period, 2, During the interim week (when Father does not have the foHowing weekend), Thursday nights from after school through 8:30 p,m, Father shall pick the girls up at the beginning of his custodial period and mother shall pick themupat the end, Janis Custodv Order B, Noah shall be with Mother and Father ItS follows: Noah l Noah i :.[),a.X~~''''''''I!~'''''''^'''''':'W'Elfi(O'I.j'E::'::::::,:::'::::f.::::::::'::"::'::::":::~'~~',=~:I::~~:,.:",,::::,.:,./ fM'oni:f'..y"'" """"""'::',:',',' ,',:::::"::',::',','lijiiyii',~,",.:',',:,':,:',',',t::,,:'::::','::'::':.,',:','"E!i,~,~:,:,::',':,,::::",',:',:::,:1 (fu'e's',ia'y ..............;. Alisa 1 Wayne ! lVi/ad n e 's'ci"2i -y .' ....., ...., ... 'r".... n.." ........ """'W'iJ'y' n.e..... ..... ............ ........rm..........................w.2iyn.e....................-...... ,. ." [;~~;~/~,~,...".,"',......".',.".,...."...,...1......'.,....,,'."....'.,.,..:A~!~.;,:::.'::,.::.::...~:,::..::.:::E:~,:.:::::::~=:::~~~~];;~.,.:..::::..:::::~::::,:::::,] ~Saturday i Alisa ! Alisa ! iSunday A Ii sa 1 A Ii sa i ;.....,............,.......::,,:"::::,1:::::"":':::',:'::'::'::::"::':"::'::,:":""1 """ """',"',"'", """"""""".EI:,K".:r"",Cl"..."", ...,J.,...,....,...,.....,..."...""""" ...,.,) i i r1"::t;'!,.;-T~~~J;f.~=~~-~~l-~~~::-;~jt~~~-~-;::-:~1 ;Thursday : Wayne ! Aliaa .. "'i [;::.'~:.~:~;:::,'.::,:',::..:.:::::L..':'::':.::..:..:,::;~;;':.'.':':'::..::',':',:'....::::I,':':::':.':::::'::,:::::::~';:~:~I':::..,',..':,:::'..:::..:] 1Sunday i Wayne J. Wayne 1 I. Father shall have every Tuesday at 3:30 p,m" or if Noah is in School then after school lets out, through Thi~rsday morning, 8:00 a,m, Father shall pick Noah up at school or from the bus stop during these weekday custodial periods 2, On Father's weekend with Noah, he shall deliver Noah to school or to Mother by 8:00 a,m, Monday, Father will pick Noah up at Mother's house with Danielle and Jessica as defined above in section 2A(l ), 3, SUMMERS: The schedule above shall remain the same throughout the summer excepting Father's right to enjoy three (3) non-consecutive, uniriterrupted weeks of vacation with the children with sixty (60) days advance notice to Mother, Father shall be responsible for picking up the chiltirenat the beginning of hjs ,custOliial periods and Mother shilll be responsib1e for picking them up at the end of Father's cUstodial periods, 4, FIRST RIGHT OF REFUSAL: In the event either Mother or Father is unable or unwilling to exercise his or her periods of custody as provided herein, then the other party shall be entitled to such periods of custody and shall have the right to elect such period prior to the placement of the child(ren) with a third party, If either party elects not to exercise their first right, then the other party has the right to know and approve the third selected. Janis Custody Order 5, HOLIDAYS A. The parties shall alternate the following holidays _ Thanksgiving, Christmas, New Years and Easter, 1. in even years, Father shall have the eve of the holiday from 6 p,m, through J p,m, on the day of the holiday and Mother shall enjoy the remaining portion of the holiday; 2, in odd years, Mother shall have the eve of the holiday from 6 p,m, through 3 p,m, on the day of the holiday and Father shall enjoy the remaining portion of the holiday, B, Mother shall have custody every year on Mother's Day and Father shall have custody every year on Father's Day; each from 9 a,m, through 5 p,m, in the event such day does not fall on either party's regularly period of custody and the party receiving such day shall be entirely responsible for the transportation involved, C, The non,custodial parent shall enjoy the: birthdays of the children for a period of three (3) hours and the non-custodial parent shall be entirely responsible for the transportation involved, In the event the non-birthday children have other activities planned, the non-c:ustodial parent exercising his or her three (3) hour period shall not demand that the non-birthday children attend, 6, GENERAL: A, Father and Danielle and Jessica, at Father's cost(s), may participate in counseling, B, The welfare and convenience of the child shall be the prime considerations of the parties in any application of the provisions of this Order, Both parents shall listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues, C. The parties are to deal directly with OnE: another and not through the children in relaying infonnation, D, Neither parent not a third party within the parent's circle shall speak disparagingly of the other parent, Each of the parents and any third party in the presence of the children shall take all appropriate measures to foster a feeling of affection between the children and the other parent, Neither parent shall do nor shall either parent pe,rmitany third person to say Janis Custodv Order anything which may estrange the children from the o~her parent or the relatives or injure the child's opinion of the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. E, The parties shall cooperate with each other to the extent reasonable and possible with regard to any make-up time, F, In the event the parents agree that behavioral problems are developing with Noah, they will work towards resolving such problem(s) with Noah's best interests in mind, For example, if Noah appears disturbed on Sunday evenings when the girls return to their mother, the parents will instill reasonableness and practicality in determining the child's best interests, G, With respect to telephone calls, both parents agree to use common sense in scheduling telephone calls to talk to th,~ children, Both parents agree to refrain from preventing the parent who may be calling from talking to the children, provided that the telephone calls are not excessively frequent or so long in duration that they disrupt the children's schedule, H. If either party and the children are not in town and are on vacation, the other party shall receive a phone number for emergency purposes only, I. The parties acknowledge that Mother will be out of town from May 3 thorugh May 7 with Noah and Father's lost time with Noah shall be made up within two (2) weeks of return, BY THE COURT: ts/c2r'~~~# J. rRUE COpy FROM RECORD In Testimonywllereof. I hare unto set my ha~d and the seal of said COil at Carlisle. Pa. r I" ~J.T:. II a~o'{ Janis Custodv Order /' WILLIAM L. SUNDAY DAWN S. SUNDAY Attorneys - at - Law 39 West Main street, ste. 1 Mechanlcsburg. PA 17055-6230 Phone (717) 766.9622 Phone (717) 766-9698 Fax (717) 795.7280 January 21,2004 James A. Miller, Esquire 2157 Market Street Camp Hill, PA 17011 Steven Howell, Esquire 619 Bridge Street New Cwnberland, P A 17070 RE: Janis vs Janis, Cwnberland County No, 01-4772 Dear Counsel, This will confirm that the Conciliation Conference scheduled in the above-referenced matter for January 21, 2004 has been continued, If I do not receive a request within thirty days of the date of this letter to reschedule the conference, I will automatically relinquish jurisdiction, Sincerely, ~~ Dawn S, Sunday DSS;gpm ---._----~-- ---.------.--- ...--- -- -----..'---.------ ~-_.__.._- ~ " /" , WAYNE JANIS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ... ALlSA JANIS, DEFENDANT 01-4772 CIVIL TERM ORDER OF COURT. AND NOW, this 2nd day of June, 2003, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders as to Noah Janis, born April 17, 1997, are vacated. (2) The father, Wayne Janis and the mother, Alisa Janis, shall have shared legal custody of Noah. (3) Subject to the special provisions of this oreler, the mother and father shall have shared physical custody of Noah week on and week off throughout the year, with transfers on Sundays at 8:00 p.m. (4) During the summer school vacation period of 2003, the father shall have Noah from 4:30 p.m. on Friday, June 13th to 8:30 p.m., on Sunday, June 22nd; from 4:30 p.m. on Friday, June 2ih until 8:30 p.m., Sunday, July 6th; and from 4:30 p.m., on Friday, August 1st until 4:30 p.m. on Friday, August 8th. The mother shall forthwith notify the father of three separate summer weeks that she chooses to be with Noah, which weeks shall extend from Fridays at 4:30 p.m. through the Sunday a week later at 8:30 p.m. (5) During the summer school vacation periods of 2004 and beyond, each parent may have Noah for a three week consecutive period, those weeks to be determined by the parents not later than thirty days before the end of the school year. . t) ,.;1. .<L,........ ~ ~ (6) Christmas shall be divided into alternating segments. Segment "A" is noon on December 24th to noon on December 25th, and sellment "B" is noon on December 25th to noon on December 26th. In odd number years, mother shall have segment "A" and father segment "8." In even number years, mother shall have segment "8" and father segment "A." (7) Thanksgiving shall be alternated each year from 4:30 p.m. on the day before Thanksgiving until 9:00 p.m. on Thanksgiving Day. The mother shall have the Thanksgiving period in odd number years and the father il} even number years. (8) The mother shall always have Noah on Mother's Day from 9:00 a.m. until 8:00 p.m., and the father shall always have him on Father's Day from 9:00 a.m. until 8:00 p.m. (9) All transfers shall be made by the parent or designee receiving Noah at the home of the parent who has Noah. (10) Each parent that has Noah for any period of a week or longer shall have Noah phone and connect with the other parent twice, each week. (11) Noah shall attend the school district in which the mother lives as long as she lives in Cumberland County. (12) Any changes in this schedule shall be by mutual agreement. No parent shall indicate that a change is going to take place without an agr t. TRUE COPY FROM RECORD In T estlmooy whereof, I here unto set my hand ami tilt seal of. S3.ld C~t c.rtM, Pl.. Tblll .2.~daY. of ' ~ '. f f2 ~;du / " Prothonotarf I ~ ....... ~ Ir, w ~ ~ D o f!:! $ ~ 6" ~ (") c: t'ito n"';(;..: =2i-' .; !:} )~.~; 1";[,'-.1 < .- ~E" z =< ..., = = "'"' > '" ;;>;) (..) C) " ::JI: ~ (~, -.J ~ :r" ", r.- :rJd _.0 r 00 --! -r. 3~:!J z() Cj,"n ~~ .Xl -< MAY 0 3 2004 V e, WAYNE JANIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001 - 4772 CIVIL TERM ALlSA JANIS, DEFENDANT CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this L day of ~_ , 2004 it is hereby ORDERED that Defendant's Petition for Special Relief shall be heard on May 5, 2004 at 11 :00 AM which is the date and time set for Plaintiffs Petition for Special Relief. BY THE COURT: ( 1. '\.. Certified Copies To: Steven Howell, Esquire 619 Bridge Street New Cumberland, P A 17070 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 ~ 1'Y"",;'.J.uL .j'. 0 'f -0 'I ~. VlN'h\1,\SNi'oJ3d I I "(11'(1 ("J~-!f!:;qV.lln>"\ i\.i.l'l .~.> '.". ,. ".""....1 hJ € I :€ Wd +J- ml~OOl Al:N10NOH10lJd 3HJ. :lO 30l.:HO-{]3l1:l KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire John L Shearburn, Esquire P.O Box 505 New Hope, PA 18938 (215)862-4390 Attorney for Plaintiff Attorney ID. 23754/26852 UGI Utilities Inc. Plaintiff vs. Court of Common Pleas Cumberland County Civil Action No. Sylvia E. Thompson Defendant 01-4707 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment against the defendant(s), satisfied and from the record upon payment of your costs only. KRZYWICKI & ASSOCIATES /J BY: DATED: June 29, 2004 (') r-> 0 = c: => -n ~ .t:" ~I".i <- :r! rflt'?i c: rn::!J 2::~'-'.i r- Fn Z:: 1 :B6 (j),'-; CJ' Q.?, -<.< c;: CJ -U ~:!l :lj::,.., :x .~ ~.;,'"(..-) C5 :t> (~-: - -, Z; .. :"'71> =-<i N ~ +" WAYNE JANIS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-4772 v. ALISA JANIS, Defendant CIVIL ACTION - LAW CUSTODY Please withdraw my appearance on behalf of WAYNE A. JANIS in the above-captioned PRAECIPE TO WITHDRAW APPEARANCE matter. Dated: /- ! ,2004 Barbara Sumple-Sullivan, Esquire 549 Bridge Stree:t New Cumberland, PA 17070 (717) 774-1445 Supreme Court ID. 32317 PRAECIPE TO ENTER APPEARANCE Please enter my appearance Pro Se in the above-captioned matter. Dated: JlA( '1 1_,2004 W~~~iS'~~ 502 Jacob Laue Mechanicsburg, PA 17055 Barbara Sumple-Sul1ivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WAYNE A. JANIS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4772 ALlSA JANIS, Defendant CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICI~ I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served the foregoing Praecipe to Withdraw Appearance, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, P A 17070 ,2004 Dated: ~ (Barbara Sumple-.Sullivan, Esquire 549 Bridge Stre(~t New Cumberland, P A 17070 (717) 774-1445 Supreme Court LD. 32317 (") ......, = 0 c = "Tl ;>- -c- "1JtU t.- ..... n'q-' c:: ::r." Z:-j r-- m- r- -~r-' I ;'5~ 6);-: r.;: 0'\ 0 :Ji -, ~C) -0 - -r; ;,:--n .r...( :Jl:: ~C) Pc: Orn -.;," m.' -j c. 0 ~J:; -< <=> -< AUG [) 4 2004 ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE JANIS vs. 01-4772 CIVIL ACTION LAW ALISA JANIS Defendant IN CUSTODY ORDER AND NOW, this 29th day of Julv.2004 ,the conciliator, having scheduled an initial conciliation conference for January 21,2004 which was subsequently continued by counsel and having determined that the parties have further pursued resolution of the outstanding custody issues through Special Relief before the Court, which proceedings are currently pending, hereby relinquishes jurisdiction. FOR THE COURT, (If' 'fL- -<t_<?fn~y Dawn . Sunday, Esquire Custody Conciliator ( (_...c' C ..-~ :< ....., = = .&" ".. Co "'> I "'- -0 :;n: ~ --I :I:::!J rnFti .",C" 'or ,-:) C) ::[1 :[-1 .~) -=s >,;~n D ., i2. r:? r WAYNE JANIS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-4772 ALlSA JANIS, DEFENDANT IN CUSTODY PETITION AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and petitions the court to modify one of its prior orders, to order and require custody evaluations, and for other relief as set forth herein, all based upon the following: 1. The Petitioner is the Plaintiff Wayne Janis who resides at 502 Jacob Lane in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent is the Defendant Alisa Janis who resides at 33 Logans Run in Enola, Cumberland County, Pennsylvania. 3. The parties are the parents of three minor children, Danielle Janis, age 17, born 6 August 1987, Jessica Janis, age 15, born 10 July 1989 and Noah Janis, age 7, born 17 April 1997. 4. The parties' two daughters, Danielle and Jessica, are the subject of an order entered by this court on 28 October 2003, a copy of which is attached hereto and marked as Exhibit A. 5. The parties son Noah is the subject of an order entered by this court on 2 June 2003, a copy of which is attached hereto and marked as Exhibit B. 6. The Defendant has repeatedly and consistently violated the provisions of this court's order of 28 October 2003. Those violations have included the following: A. She refused to return the girls to the custody of Plaintiff after the Defendant's initial period of two week custody of the children, as required by Paragraph 4 of the order. B. She has refused to share physical custody of the girls as required by Paragraph B of the order. C. She has refused to share legal custody of the children, to provide any useful information about the girls to Defendant, to allow Defendant to participate in decisions regarding the children, or to otherwise share legal custody of the girls with Defendant. D. She has failed to participate in the counseling with Arnold Shienvold as required by Paragraph 2 of the order. E. She has refused to cooperate in arranging or pursuing the counseling for the girls as required by Paragraph 3 of the order. On occasions when Plaintiff has scheduled counseling sessions for the girls, Defendant has obstructed the counseling process by unilaterally cancelling the counseling session without prior notice to Plaintiff, which has caused charges and costs to be assessed against Plaintiff for Defendant's unilateral misconduct. 7. Plaintiff believes that Defendant has engaged in a course of conduct with the parties' daughters which is intended to alienate them from Plaintiff and to destroy Plaintiff's father-daughter relationship with them. 8. Plaintiff wishes to modify this court's order of 2 June 2003 regarding the custody of the parties' son Noah and have the court award him primary physical custody of the child for the following reasons: A. Defendant does not provide for the best emotional and personal needs of the child. B. Defendant disrupts the child's life and exposes him to improper and abusive conduct and behavior. C. Defendant has engaged in a course of conduct which Plaintiff believes is intended to alienate Noah from Plaintiff and to disrupt or destroy the father-son relationship which Plaintiff has with the child. D. Plaintiff is better able to provide a healthy, wholesome and proper home and environment for the child and better able to provide for his emotional, educational, medical and other needs. E. Plaintiff will do more to maintain a healthy relationship between the child and both parents and Defendant will continue her efforts to prevent or destroy a good parent-child relationship between the child and Plaintiff. 9. The shared custody arrangements provided in this court's prior orders for the parties' children has not worked and does not promote or provide properly for the best interest of the children. The Defendant is unable to communicate in a meaningful or adult fashion with Defendant, because of Defendant's abusive conduct. Plaintiff believes that there must be some guidelines imposed upon the parties to facilitate improved communications between them. 10. Defendant has prevented Plaintiff from communicating effectively with the children while they are in Defendant's custody. Her conduct has included clear violations of this court's order by preventing the parties son from calling Plaintiff, but has extended beyond that by limiting entirely the ability of the children to communicate with Defendant. 11. Defendant has attempted to alienate all three of the children from Plaintiff. Plaintiff believes her conduct continues and will continue, unless this court intervenes to protect his relationship with his children. WHEREFORE, Plaintiff prays this court to take the following actions: 1. Direct that an evaluation of the parties, their households, and all three children, be done by a competent professional who shall issue a report and make recommendations to this court regarding the best custodial arrangements for the children and specifically addressing Plaintiff's concerns about the efforts of Defendant to alienate the children from him. B. Award primary physical custody of Noah to Plaintiff. C. Direct the Defendant to pay the balance owed to the girls' counselor for the counseling sessions for the parties daughters which were canceled. D. Establish a procedure for each parent to communicate with the children bye-mail so that the communications between each parent and the children can be accomplished without interference by the other parent. E. Adjudge the Defendant to be in contempt of this court's order of 28 October 2003 and award Plaintiff his actual attorneys fees and costs incurred in enforcing that order. F. Such other action as the court deems necessary or appropriate to protect Plaintiff's rights with regard to his children and to preserve his relationship with them. Samuel L. Andes Attorney for Plaintiff Supreme Court 10 # 17225 525 North 12th Street Lemoyne, Pa 1 7043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 1 8 Pa. C.S. 4904 {unsworn falsification to authorities}. Date: lo!'t) (of- w~~'t:,sl :J €.~t\1 Plaintiff m THE COURT OF COM:MON PLEAS OF Ctnv.rnERLA.l"'ID COU1-:"TY, PEN"'NSYL V .A},ITA \V AYNE Jiu'ITS, . vs. . 01-4772 . CIVIL ACTION LA \V . ALISA JA.:N1S . Defendant. . IN'CUSTODY ORDER OF COURT' Al\TD NO""\", .this' 2 c::; day of C9.CLo b e~ ) .2003, consideration of the. attached C1+Stody Conciliation Report;-it .is' ordered' and directed as follows: . 1. Tb~priorOrderofthisCourt dated April 18,2002 issi1spendedaIidr~laced pythe provisions of this' Order. The prior Order of-Court dat6d June 2, 2003 ~hall continue in effect. upon . . 2. The parties shat~ participate in a course of counseling ,"vith }\.rnold Shienvold; Pho. The purPose of the counseling'shall be .to assist the parties in establishing.sufficjent communication and Goopcration to enable them to effecTIvely co-parent their children: All costs of COunseling which are notreimbursed by insurance shall' be shared equally benveen the parties: The parties shall follow Dr. SIllenvold's recommendations concerning the frequency and duration -ofthecoun~eling. 3. The parties shall select a counselor for Dairielle and Jessica fot the.purpose of assess~z.the .. ~_~_._~_~'---r~~~.dren' s ne~~is .an~ p.r()~~~g PE~fe~~io~~l_~~.co~~~~!-l~_()~. qCli1(;~~g~.()J1~?i~:~~ncu.oqy . . r... . .. . arrangements WhICh will best .serve the Children's lhterests or the partles shallmrtiate an updated . cUstody evaluationOfthe'-paitics and the Childrei:1 morderto 6btamFecc>rmnendatio-ns as to' ongoing tustodyarrangementswhich 'willb::st s'ervethe Chil~en;sn'eeds. i>Jl'costs oithe counseling or . .evaluationshaU be shareq. equally ben.veenfheparties.The c:oumdar.or evaluator shan be selected by mutual agreement of the parties. . ..,. . . 4~ Pending further' agreement of the parties or Order of Cdurt~ the Mother shall have custody of Danielle and Je..ssic~ for. ~ '.umnte~pte4t\y.o \y~e~p'eri9.db~gi.nnjirg as :~O~? _~ :pc:>~~~ble fcilJ.Q:wi:p-g:J.g~ . cqn~(11~tr9R:~9rif~~pe:jl,i:lq:{li~eidter;. tlie:pciJ.-ii6.'s 'shan:-4h~.8'ha\img':custody:of -lli6ii: dim ghters on :tbe .$;;t.m~. ~c.he4ule under _whidi they currentLy share Gust.ody' of theit son, NoaJ{,po/STiant to the Jime2, . 2003. OrdeJ;. . In additio~ th~noncustodiatparertt sh.all be entitled to have custody ofDanieUe' and Jessica for one overnight period during the other p.arty's\veeklycuSiodialperiod.. . i . . . . . ..5. The parties shall cornmunitate.dit~ctly '\vith each other concerniIig all issuesregarding'the Childt~n without the in'\.'olvem~ritofthird parties.... . A 6. Upon receipt of the recommendations from the Children's counselor or custody evaluator and in the event the parties are not able to reach an agreel]lent at thattime, counse.l for either paliy may contactthe con<;i1iaJpr t9,~9hedlJ.le, ~,~dditio~?:)~c~t,oqy~ondliationccinferenceor a hearing. .~ _ '.. ..',. ,,,. ,cr. _ ~ . . , ' 'tc)'UY C:onci1iation :;-;i~nt. In' the absence of . 7~' Conferep: mutual C0RS:, BY THE COIJRT, . EJi'diJc0) J~ .-A1l ~ f t V Edg:rrB. ~aYle~~OJ~ cc: James A. Mil~er, Esquire - . Counsel fOf Father Steven Howell, Esquire - Counsel fOf1\tfother . ' TftU~'COP'YFROM' !.tECORO . In Testfmoiw:'whereof, I h~re unWset my hanQ . ~nd lho:;;r~fu:a~~c~'~;~~:q'~' , , ," ~.....-.... . ..~.. ..... . . .' - . . . .~::-..'- prttioootirv ' . -'. '. EXH\6 (~ ''"'' j() \ ,J L-() ,(," ."/ WAYNE JANIS, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CU.MBERLANO COUNTY, PENNSYLVANIA .- ALlSA JANIS, DEFENDANT 01-4772 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of June, 2003, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders as to Noah Janis. born April 17, 1997, are vacated. (2) The father, Wayne Janis and the mother, Alisa Janis, shall have shared legal custody of Noah. (3) Subject to the special provisions of this order, the mother and father shall have shared physical custody of Noah week on and week off throughout the year, with transfers on Sundays at 8:00 p.m. (4) During the summer school vacation period of 2003, the father shall have Noah from 4:30 p.m. on Friday. June 13th to 8:30 p.m., on Sunday, June 22nd; from 4:30 p.m. on Friday, June 2ih until 8:30 p.m., Sunday, July 6th; and from 4:30 p.m., on Friday, August 1st until 4:30 p.m. on Friday. August 8th. The mother shall forthwith notify the father of three separate summer weeks that she chooses to be with Noah, ~hich weeks shall extend from Fridays at 4:30 p.m. through the Sunday a week later at 8:30 p.m. (5) During the summer school vacation periods of 2004 and beyond, each parent may have Noah for a three week consecutive period, those weeks to be determined by the parents not later than thirty days before the end of the school year. '" 1 10 (6) Christmas shall be divided into alternating segments. Segment "A" is noon on December 24th to noon on December 25th, 'and segment "B" is noon on December 25th to noon on December 26th. In odd number years, mother shall have segment "A" and father segment "B." In even number years, mother shall have segment "8" and father segment "A." (7) Thanksgiving shall be alternated each year from 4:30 p.m. on th~ day before Thanksgiving until 9:00 p.m. on Thanksgiving Day. The mother shall have the Thanksgiving period in odd number years and the father in even number years. (8) The mother shall always have Noah on Mother's Day from 9:00 a.m. until 8:00 p.m., and the father shall always have him on Father's Day from 9:00 a.m. until 8:00 p.m. (9) All transfers shall be made by the parent or designee receiving Noah at the home of the parent who has Noah. (10) Each parent that has Noah for any period of a week or longer shall have Noah phone and connect with the other parent twice each week. (11) Noah shall attend the school district in which the mother lives as long as she lives in Cumberland County. (12) Any changes in this schedule shall be by mutual agreement. No parent TRUE COPY FROM RECORD Edgar B. Bayley,~. tn Testimony whcfl)(lf, I here unto set my han<J ami till saal (If s.1k1 CfMifl at ~b~. Pa. TtI'. ;) ~ day ~ /~. Uv3 _ .. c ( flult"~ 0 ~. /1.l.V IltplJ . Protttonotari Jj ~ ~ 0 t--.) c:;::::) 0 c- = 11 t .<'- "C ~ -:1 0 to; " C) :L-n ::~. . I <:: r1lp 8 ;:"1 . I ..",rn "- ~ C',; 't"'. W :qC( t/) (~iD ...... :;r~: :f, ~ - ,"" ~ ~i: ;-)0 C) - ?~i'n - ".) ~ ~ .. --I '.. 0 ;:~> ~ .- ~ WAYNE JANIS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-4772 CIVIL ACTION LAW ALISA JANIS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 16,2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, December 15, 2004 at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 hearine:. FOR THE COURT. By: /s/ Dawn S. Sundav. Esq. Custody Conciliator 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 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 ~~{2.-.~ ~~ ~C/ ,r-_~ Jg'L-IJ~.J1 ~ ~ ~ ~ ~ -4CJ-h"F-/1 ~ ~ ~~ ~ ~ h~41Se'l/ ... \-;JiN1t/\lAS\!N?ci I 'f '('..,-.,,-, ~. '. ''', .~~ f1 ,.,~ t - ! .-' "- '1-' "'t.trll""\ \.1..""\-j-" ". 1_"::~~'tifhJ , 1; :01 WV fJZ AON ~OOl AbYIONOH.l.Ood 3Hl :IO 30H:K}-G311::! WAYNE JANIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA V. NO. 2001 - 4772 CIVIL TERM ALISA JANIS, DEFENDANT CIVIL ACTION - LAW CUSTODY ANSWER WITH COUNTERCI,AIM TO PETITION TO MODIFY CUSTODY TO: Plaintiff Wayne Janis c/o Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, P A 17043 NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MA Y BE ENTERED AGAINST YOu. 1-3. ADMITTED. 4. ADMITTED IN PART. However, for the reasons set forth in ~12 through ~15 the parties voluntarily agreed on May 5, 2004 that both teenagt~ daughters would remain in Mrs. Eramo's primary care. It is disingenuous for Mr. Janis to suggest that she is in contempt of any Order in light of the facts set forth in the Counterclaim. 5. ADMITTED. 6. DENIED AS STATED. A. On May 5, 2004 - with the assistance of his second lawyer in the last twelve months - Mr. Janis agreed that both girls should remain in their mother's primary care and that he would enjoy alternating weekends. This voluntary modification eliminated the need for the hearing on May 5, 2004 requested by Mrs. Eramo and scheduled before the Honorable Edgar B. Bayley. On May 7, 2004 both girls went with their Father fc)r a weekend visitation which included a screaming match for one hour between Father's paramour and the girls and Father permitting Mother to pick the girls up at 12:45 AM at his home: because the argument would not stop. B. Mrs. Eramo incorporated by reference her response set forth above. C. Mrs. Eramo has shared information with Mr. Janis when he does not refuse delivery of mail and answers his cell phone, personal phone or business phone. D. Mrs. Eramo was told by Mr. Janis that he had made an appointment for January 5, 2004. Mrs. Eramo confirmed the appointment on D(:cember 29,2003 as shown on Exhibit "A" and appeared at Dr. Shienvold on January 5, 2004 only to discover that Mr. Janis had already cancelled the appointment with no advance notice to Mrs. Eramo. E. It is Mr. Janis who schedules appointments with absolutely no concern for prior work, school or academic commitments of the girls. Each girl has attended approximately five (5) sessions each with Guidance Associates. 7. DENIED. Mrs. Eramo has done nothing to alienate the girls from their Father. It is Mr. Janis bizarre behavior (i.e. refusing mail, crank telephone call, and threats to file defamation suits) and insistence that his paramour, Elizabeth Goth, "raise" his children including both girls which causes problems. 8. DENIED. Mrs. Eramo denies each and every allegation set forth in ~A through ~. Mrs. Eramo is the parent most able to provide a healthy and happy home for Noah. Mr. Janis has engaged in a litigation campaign against Mrs. Eramo utilizing the services of three different law firms in the last twelve months. While he is able to finance his legal campaign with no trouble, he simultaneously files petition after petition at Domestic Relations claiming he has less and less income. 9. DENIED AS STATED. Mrs. Eramo believes Noah should return to her primary custody with alternating weekends enjoyed by Father during th~ school year. The summer could be shared equally between the parties. 10. DENIED AS STATED. It is Mr. Janis would makes crank phone calls, refuses telephone contact between Mrs. Eramo and the children when they are in his care, refuses to accept mail concerning the children, threatens to prosecute the I~hildren's mother if she "steps foot on his property" and otherwise engages in other irresponsible behavior. 11. DENIED. This claim is merely manufactured by Mr. Janis and has no factual basis. 2 COUNTERCLAIM Count I: Complaint for Primary Custody of Jessica and Danielle Janis to Enforce the Status Quo for the Last Year and Voluntary Agreement of the Parties 12. Mrs. Eramo incorporates by reference her Petition for Special Relief (without exhibits) filed April 30, 2004 and attached hereto as Exhibit "B-l" as though fully set forth. The Court issued an Order setting Mrs. Eramo's Petition for a hearing on May 5, 2004. See Exhibit "B-2". 13. Mrs. Eramo filed the Petition for Special Relief to put in place the status quo at that time which has remained in place to this day. Namely, both teenage daughters have resided on a primary basis with Mrs. Eramo with Mr. Janis' permission. Mr. Janis voluntarily agreed to a settlement whereby the two teenage daughters would remain in Mrs. Eramo's primary custody to avoid a hearing on May 5, 2004. 14. This settlement was memorialized in a letter to the Honorable Edgar B. Bayley as dated May 5, 2004 and attached hereto as Exhibit "C-l". In addition, Mr. Eramo sent an e-mail dated May 6, 2004 stating: "Hi girls, As I'm sure you know by now, you guys will (finally) be coming back on alternate weekends to spend some time with us, starting this Friday." This e- mail is attached as Exhibit "C-2". Furthermore, Mr. Janis' lawyer on May 19,2004 drafted a Stipulation agreeing that Mrs. Eramo would remain the primary custodial parent with Mr. Janis enjoying alternating weekends from Fridays at 6:00 PM to Sundays at 8:00 PM. 15. Despite drafting a settlement and agreeing to a schedule of alternate weekends, Mr. Janis now seeks to enforce an outdated order with threats of contempt. WHEREFORE, Mrs. Eramo seeks an Order maintaining the status quo and enforcing the parties' voluntary agreement that both teenage daughters would remain in their Mother's pnmary care. Count II: Complaint for Primary Custody of Noah Janis 16. Mr. Janis' household is too chaotic for him to raise Noah. For example, in the last the following persons have moved in and out of the residence depending on the status of the Goth divorce action: Adrienne Goth, Anna Goth, Andy Goth. Furthermore, in the last year his paramour has pleaded guilty to at least one felony count and these criminal prosecution create turmoil in the household. 17. Mr. Janis insists on enrolling the child in activihes in Hampden Township even though he knows the child was previously enrolled in the same or similar activities in Mother's district. 3 18. Mr. Janis and his paramour use alcohol to excess in front of Noah. It should be remembered that he testified in 2003 that he and Mrs. Goth were so intoxicated that the parties' teenage daughters (neither of which had a driver's license or learner's permit) needed to drive them home from a party. 19. Mrs. Eramo has the time, patience and ability to raise successful children as shown with Jessica and Danielle who are honor students in High School. They both work part time and are involved in church, extracurricular activities and are well adjusted teenagers. 20. Mr. Janis simply wants to obtain custody of Noah so he can eliminate his child support obligation while his paramour raises the child in his absence. WHEREFORE, Mrs. Eramo seeks primary custody of Noah Janis. Count III: Contempt of Order by JPlaintiff 21. The Plaintiff has engaged in a course of conduct to frustrate normal communications. Some examples include the following: a. The Plaintiff refused to accept mail: (1) On or about August 21, 2004 Mr. Janis refused to accept a letter attached hereto as Exhibit "D-1 ". This letter did not require any signature but was endorsed with "Delivery Confirmation". (2) On or about July 7, 2004 Mr. JarLis refused to accept a letter attached hereto as Exhibit "D-2". This letter notified Mr. Janis that he was violating the Court Order by retaining Noah for five (5) continuous weeks in the summer when ~5 specifically states that the summer vacation is thirty (30) days. b. The Plaintiffs allegation that he "is unable to communicate in a meaningful or adult fashion with" Mrs. Eramo "because of her abusive conduct" is without merit since it is he would refuses to accept delivery ofletters from the U.S. Postal Service from her attorney. c. In addition, Mr. Janis has refused to acct:pt delivery of a letter containing receipts for unreimbursed medical expenses (as required by Domestic Relations). A true and correct copy ofthe September 10, 2004 letter is attached hereto as Exhibit "D-3". It is interesting to note that Mr. Janis writes in Exhibit "D-4" that Mrs. Eramo must send mail to his "home address and not my place of business" . However, as shown on Exhibits "D-1" and "D-2" Mr. Janis refuses to accept mail at his home as well as place of business. Mr. Janis simply has no credibility on this issue and he is invited to explain his actlons in refusing mail at both his home and place of employment on no less than three separate occasions. 4 19. The Plaintiff refused to return Noah to his mother following his twenty one (21) day summer vacation in 2004. On June 13,2004 Mr. Janis commen~ed his three week vacation with Noah. The vacation should have ended on July 4, 2004 at 8:00 PM. The child was not returned to Mrs. Eramo until July 11,2004. 20. Mrs. Eramo had rented a beach property at Stone Harbor, New Jersey, costing $1,000.00 in the expectation that Noah would enjoy a week at the beach from July 3, 2004 to July II, 2004. 21. Instead of spending time at the beach Noah was retained at Mr. Janis' home in Mechanicsburg from July 4, 2004 to July 11,2004. The child was present at his Father's home from July 6th through July 11,2004. At no time until July II, 2004 did Mr. Janis turn over the child to his Mother so he could enjoy a week at the beach. WHEREFORE, Mrs. Eramo seeks an award of her actual counsel fees incurred in July 2004 to secure the child's return as well as a suitable sanction fi)f his conduct. Respectfully submitted, BY: c:::: Aven Howell, s re 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court J.D. 62063 Attorney for Alisa Eramo Certificate of Service I hereby certify that on the date set forth below a true arld correct copy of the foregoing document was served upon all counsel of record via postage prepaid, first class United States Mail addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 525 North 12th Street Lemoyne, P A 17043 Date: December 7,2004 5 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authOritii2t BY: . 1 drCa/yYL('j-" Alisa Janis now Alisa Eramo Date: II-l/ D1 January 14, 2004 Dear Attorney Steven Howell, This letter is to inform you that I work with Alisa Eramo at Catalano's Restaurant. I worked with her on Monday, December 29,2003. I witnessed her calling the office of Dr. Sheinvold to reconfirm her appointments on 1/5/04 and 1/28/04. Alisa also asked for directions to the office for her upcoming appointments, which she wrote down while on the phone with the secretary ofthe office. If you have any questions regarding the above, I can be reached at my home phone number 558-0310. Sincerely, {}{a~lid2A7 Chantel Redensky " '. ;~ I' ~ ~ A YNE JANIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001 - 4772 CIVIL TERM ALl SA JANIS, DEFENDANT CIVIL ACTION - LAW CUSTODY 1. n ~ -otU [P q:{ ~~;; r"'.;;=-"'::i '<: '-.' ?-n -0 ;; (") :::!: )>~ N Z .. A conciliation conference regarding the parties' two teenage daughters was h~ PETITION FOR SPECIAL EtELIEF on October 22,2003 before Dawn Sunday, Esquire. The basis for the conference was Plaintiffs claim that both teenage daughters had resided with him since September 16,2003. 2. On October 28, 2003 an Order of Court was entered because the Plaintiff (hereinafter "Father") claimed the parties' two teenage daughte:rs wanted to reside with him OIl a primary basis. See Exhibit" A". Prior to October 28, 2003 the Order in place provided the Defendant (hereinafter "Mother") with primary custody of both teenage daughters. See Exhibit "B". 3. On November 8, 2003 Danielle N. Janis (DOB 8/6/87; Age 16Y2) returned to live full time with her Mother by agreement of the parties. 4. On January 4, 2004 Jessica J. Janis (DOB 7/10/89; Age 14%) returned to live full time with her Mother by agreement of the parties. 5. On December 17,2003 Father filed a Petition for Contempt for which the Conciliator issued a letter continuing the conference and relinquishing jurisdiction over his Petition Contempt as set forth on Exhibit "C". .." I ~ c::> c;;:;:> .z:- >- -0 :;:0 W o o .1 ~"T1 m- r- '"elm 56 -4, :I:-d 0(-) z (3m --'-{ ~ -< -- "" 6. A hearing is scheduled for May 5,2004 on Father's second Petition for Special Relief and Mother desires that the parties' agreement and the settlement established on December 17, 2003 be enforced with a revised Order maintaining primary custody of both daughters with her. Aside from the brief period of time from September 16 - November 8, 2003 Danielle has always resided with her Mother since the parties' separation. Aside from the brief period of time from September 16 - January 4, 2004 Jessica has always resided with her Mother since the parties' separation. Summer Vacation 7. The parties are also the natural parents on Noah Vl. Janis (DOB 4/17/97; Age 7). 8. On June 2, 2003 the Court entered an Order (see Ex4ibit "D") with regard to Noah and provided that: During the summer school vacation periods of 2004 and beyond, each parent may have Noah for a three week consecutive period, those weeks to be determined by the parents not later than thirty days before the end of the school year. [Emphasis Added]. 9. The parties alternate custody of Noah week on/we:ek oft'throughout the year and Father has selected his three weeks of vacation so that Noah resides with his Father for five (5) consecutive weeks during the Summer of 2004. Father has refus,ed to compromise on Mother's request to limit the summer vacation to no more than three consecutive weeks. 10. In accordance with Local Rules this Petition has been faxed to Father's attorney on April 26, 2004 and he has been requested to provide his response to the relief requested by 4:00 PM on Tuesday, Apri127, 2004. Husband does not agree these matters should be heard on May 5, 2004. 2 " I"" WHEREFORE, The Defendant requests this Honorable Court to modify the existing Order of Court to reflect the status quo and clarify the summer visitation. Respectfully submitted, BY: ~". /Even Howell, Esquire 619 Bridge Street New Cumberland, P A 17070 (717) 770-1277 Supreme Court LD. 62063 Attorney for Defendant Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all counsel of record via postage pr~~paid, fIrst class United States Mail addressed as follows: Barbara Sumple-Su1livan, Esquire (Via Telecopier 774-7059) 549 Bridge Street New Cumberland, P A 17070 71L BY: / ---. /en Howell, Esquire Date: L( / a q It> 1./ 3 ." ~ A YNE JANIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA /1 / / V. NO. 2001 - 4772 CIVIL TERM ALISA JANIS, DEFENDANT CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this day of , 2004 it is hereby ORDERED that Mother is awarded primary custody of Danielle N. Janis (DOB 8/6/87; Age 16Y2) and Jessica J. Janis (DOB 7/10/89; Age 14Y2) with Mother and Father to share legal custody of both children. Father shall enjoy periods of partial custody every other weekend from Friday evening at _ M. to Sunday evening at _ M. In all other respects this Court's Order of April 18, 2002 shall remain in full force and effect as it relates to the two teenage daughters of the parties. Father shall select his vacation time for the summer of 2004 and thereafter so that Noah Janis is not absent from his Mother for more than three (3) consecutive weeks. BY THE COURT: J. Certified Copies To: Steven Howell, Esquire 619 Bridge Street New Cumberland, P A 17070 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 ----- I " ~ MAY 0 3 2004 '~. WAYNE JANIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001 - 4772 CIVIL TERM ALISA JANIS, DEFENDANT CIVIL ACTION - LAW CUSTODY ORDER OF COURT i:u AND NOW, this, '1 '- day of IV1 r ' 2004 it is hereby ORDERED that Defendant's Petition for Special Relief shall be -heard on MaLY 5, 2004 at 11 :00 AM which is the date and time set for Plaintiffs Petition for Special Relief. BY THE COURT: N ~l-l~ t3 l3,ay 1. Certified Copies To: Steven Howell, Esquire 619 Bridge Street New Cumberland, P A 17070 Barbara Sumple-Sullivan, Esquire 549. Bridge Street New Cumberland, P A 17070 '~~\;::;'( 4~ r-ri"tr.:"'iIi' 1r.::'II-::tJ'....,}~ t~,\v-.~''''.,f~!I'41~~ I, t","".." ...,~"'i . . r,""i1'lt. . ~t.v'".HH.J m T~lt'tYnon1' w.h~n~1f, I hf'~ ufltv ~:CJl r-/W h3!ld and the ~l of s:.iid Cooti ~ f~n~.. POa. Thl~lIaY ~ ~~ . ~~IU-- A. ~ :~ ~ Prothonotary -----... ~~, .~ ~ ~ ~ cSteven 2/owett Attorney at Law 619 Bridge street. New cumberland, Pennsylvania 17070. Telephone 717-770-1277. Fax 717-770.1278 **** VIA TELECOPIER 240-6462 **** May 5, 2004 The Honorable Edgar B. Bayley Cumberland County Court of Common Pleas One Courthouse Square Carlisle, P A 17013 RE: Janis v. Janis, No. 2001 - 4772 (Cumberland County - Custody) Janis v. Janis, No. 91 S 2001 (pACSES 762103012) (Cumberland County - Support) Dear Judge Bayley: As a follow up to my telephone message, the parties have come to an interim settlement which should be submitted as an Order within the next ten (10) days. Therefore, the hearing for today at II :00 AM can be cancelled. Mr. Janis has requested and Mrs. Eramo is not opposed to his request for a date sometime in late August 2004 to have a hearing on any outstanding custody issues which are not corrected during the summer. The proposed Order will include a space for such a date and time. On behalf of both counsel, we tried to conclude this settl(:ment over the last few days so you would not be notified at such a late date. We hope this did not inconvenience the court in any way. SH/bth , cc: Alisa Eramo Barbara Sumple-Sullivan, Esquire (Via Telecopier 774-7059) 549 Bridge Street New Cumberland, P A 17070 G,~~:] ~-. ,- ,- .***************************************************************** * TRANSACTION REPORT * MAY-05-04 WED 10:35 AM * :+: * * FOR: STEVEN HOWELL ESQUIRE' 717 770 1278 * * * * SEND * * * * DATE START RECEIVER PAGES TIME NOTE * * * * MAY-0S 10:34 AM 2406462 1 49" OK * * * ********************************************************************~ ********************************************************************: * * TRANSACTION REPORT * MAY-05-04 WED 10:37 AM * * FOR: STEVEN HOWELL ESGIU I RE .7 Jl 7 770 1278 * * SEND * * DATE START RECEIVER PAGES TIME NOTE * * MAY-0S 10:36 AM 7747059 1 50" OK * * * * * * * ~~tt~.:J:,,~, ~ * * * * * * * * * * * * :+: * * * * * * * * * * * * * * * :+: * * * * * * * * * * * * * * * * * * * * * * * :"t....~',. ~,~~,~t:~,W~:!:,.,~1,:tI'5~~I/~,''f~,?''''"'lf'''I;'l!"-,....,\\'''''',',\~'l.'9n;~},~''~'~;p,~~Vt.~~~i',~~;f~~1\\l~~::~~\,:~.j<~!: .".. '. "'I. ... ,... rsubiTiiiSweeil8iid.--..-..-------..-.--..-.---..-..--.-..............------1 iDate: 5/6/04 3:01 :32 PM IIIFirst SOOt!!! 1 IFrom: wayne@ianistech.com I iTo: dnj8687@aol.com, sweetcutiepie7@aol.com I ~Sent from the Internet (Details) I ...............................................................................................................................H................................,............u.....u.................................................................................; Hi girls, As I'm sure you know by now, you guys will (finally) be coming back on alternate weekends to spend some time with us, starting this Friday. We are looking . forward to reconnecting with you. Adrienne came home this week from college for the summer. Andy will be here as well. And of course Anna, Gretchen, and Noah. Please be sure to bring *everything" that you need for the weekend - clothes, toiletries, pajamas, underwear, and anything else. For this weekend, please don't make any plans with any of your friends. We have a lot of catching up to do. I have to teach Saturday morning. I understand you may have to work on Saturday, and if you do, you will need to make arrangements to get to and from work. If the weather is nice on Saturday (which is iffy as of this morning), we wa nt to take you guys to Hershey Park. We might do the sundown thing 5-10 pm. We'll pick you up tomorrow (Friday) around 6:00. See you then! Love, Dad --~------~-~---- 1 ~ t!'fJ /- '. / ~"-.. c z CD :IE nO) c~> 3;:a ~. ~~3 ~ g'g!: ( po ~ ~ ~~ ~ ~ Iii ~.... ~- ~~~ -.;t::-, ~ -. ~~ ~-. -= c-- 1JJ C 1JJ ru .s:: II"" c C c c ru <,-:.~,: ff!-. '!J~;\: ~~,; II"" ."-' C ..D ~ .: - - - ::"'" o o o o -f:::A- :D ~~ c...u~ c::J~ :r.: o~ n -0 c: c: --.10 :X. eN ~"OJ (I) ~ClN~~~' ~::~~::DS~ ',: f 6~ ~ ~ ,.J .b,-' :D *"" ." ~~t :D Il1F itJ1 ,": 'i j '-- w ~, ! Jteven :Jiowetl Attorney at Law 619 BrIdge street. New Cumberland, pennsylvanIa 17070. Telephone 717-nO-12n · Fax 717-770-1278 August 20, 2004 Wayne A. Janis 502 Jacobs Lane Mechanicsburg, P A 17055 RE: Janis v. Janis, No. 2001 - 4772 (Cumberland County - Custody) Dear Mr. Janis: Your selection of vacation times is untimely. On the moming ofWednsday July 21, 2004 you were e-mailed and hand delivered Mrs. Eramo's vacation schedule for 2005. On July 21, 2004 you mailed a letter bearing an untimely cancellation stamp selecting the week of July 3rd. As you very well know from having read Mrs. Eramo's communication she selected the weeks of July 3rd, July 10th and July 17th. Therefore, Mrs. Eramo selec:ted first and you are simply gotng to have to make other arrangements. If you remember you agrc~ed when represented by Attorney Sumple Sullivan that Mrs. Eramo was to enjoy the July 4th holiday week. The Order does not grant you a monopoly on this holiday in perpetuity. . With regard to your practice of faxing me your e-mails to Mrs. Eramo, you should mm.l these to her if you believe her e-mail is blocked. I will not waste my time acting as a courier for you. I will simply take no action - per my client's request - on ~my such communication between the two of you sent to me. The United States Mail can serve as your communications device if you cannot reach her bye-mail or place a telephone call. With regard to any pleadings to either Domestic Relations or the Prothonotary you are to mait-by postage prepaid, first class United States Mail any docwnents to my office address. With regard to Noah's activities I suggest you schedule these during your weekly periods of custody to avoid problems. Since he attends East Pennsboro School District it should not come as a surprise that he wants to . PT\rl activities with his friends in the district. .,.' IT1 Pa{IQ end DelIverY COtdb~ feeI- be paid ~ mailing. I"- r." ~ -'$ \ mil"" .,..'l;:~~ ~ "'..~.. All.p !~ ....s~~~.~.. P~~"-7~-S-~--":' . j!; -. ...".. POSTAL CUSTOMER: I ~ . I<eep this receipt. For Inquiries I g ." PolJInl8I1< f4DSS lnt8met~ site at 10 . "';, ,~f>:.. f:I-1.. ~. ~ " ~tP: -?.\ - U ~' ru 'lQ.\i4""(l) , , ..' .. ..,-- :::) -\." :!' m .,",. \ ~ ~'~' ;",?~; iD=~i :~.m ~i; ~~i~~:f" JJ~::-';; ,Dl!lll. .. , SH/bth cc: Alisa Eramo . , :" tl .. ;.. - - r 1 $: ;: . it .. E:: : == - ;., -.. :... - :::... .., ~ - ''oJ '< _ n ~ ::s : 0"1"' ~ ~ =- . o>=- . c:J"'.: tn ~ _ . ('J) C') )>, t""' ~. ; 0000 ~ tn ::: . -, :: - ...t:' 1.11 I:J nJ " 0::-) I ~ ih -1"1 :" ," < . j '. I . '~.'/l -.......:::-..,.. , ,. _ 1: Ir.~. ..... ) ,N-...,:.; ',') 'I",)) , " . ,. :::I ~_ _"': , ;-<;. Q..~- '", '~.. '~~,', ".., 2'::"''''" ;.m ~.;~. I ~ ~'W< >>fn=~ Gl .~' :IIfn-4:E1'n Cl>~Zfn I ~g'mu ' -4 . I'n, " l I'n" . !!f' " ... "~. . ... 1 :z: m :II t~) I/II~J 17055 ,,~. - 'I" dl ..~~. Jteven 2/owett Attorney at Law 619 Bridge street. New Cumberland, pennsylvanIa 17070. Telephone 717-770-1277 · Fax 717-770-1278 **** VIA TELECOPIER 737-5355 **** July 6, 2004 Wayne A. Janis 502 Jacobs Lane Mechanicsburg, PA 17055 RE: Janis v. Janis, No. 2001 - 4772 (Cumberland County - Custody) Dear Mr. Janis: As you know visitation with Noah is governed by an Order of Court dated June 3, 2003, which is enclosed. The Order provides you with thirty (30) consecutive clays of visitation at '5. Your thirty (30) day period commenced June 13,2004 at 8:00 PM and ended on July 4, 2004 at 8:00 PM. You have failed to respond to the fax sent to your office on Friday, July 2, 2004. It is my understanding that this same fax was mailed to you by your prior counsel, Barbara Sumple Sullivan, Esquire. You also know from your prior counsel that the Order does not provide you with five (5) weeks of continuous visitation. Therefore, you must make immediate arrangements to provide Noah to his mother, Alisa Eramo. Your actions violate 18 Pa. C.S.A. ~2904 since you have removed the child from the Commonwealth of Pennsylvania to Ocean City, Maryland and the violation is in excess of twenty four (24) hours. A copy of ~2904 is enclosed. U,':;. Pastill Service CERTIFIED MAIL RECEIPT (DomestIc ll7all QIl1V No Illsllt,JI)('C Covel.Hlo P,ovlcle(1) SH/bth CC: Alisa Eramo rur] r:::::J r;,,',;,I'; ,'T: :.-, . ", ~ Ct"IIi"L',!;",. .,C"l A l /~ USE Postage $ Fletum Receipt Fee r:::::J (Endorsement Required) r:::::J r:::::J Restricted Delivery Fee r:::::J (End(lt'Sement Required) r:::::J Totd Postage a FeeS $ ~ :,IL-H Certlfled Fee :!::. "~ ~ :t ,:1.. ,~",~," i',....'.......~ . ~~., ~ C:!i? -Z' _. (". \..) J1 <.c ~ F -r:- -- U r- ~, .... .J " :~,.. ,.> ,'l ~ .J Ii , ~!J ~ ..,,:. ,;", :::: :;-. - _\ Q "'-=- '- ...... ::-" -- -- -. -.. -~ fE :....... :::'~ :-... -- -- --. ,.'......... --... --2 ~ .,..... ~\ ('. , ' ?:-- \:.)' r. ~. '?'-. ~ ~~~ --i-- f f' "- F'~- V..<"! ~~. ~ F~ ~~~ ~~ 01 <:> <:> ~ -g ~~ ~'" o ' ~i::R- ~o ~~ c .-.. \ '..... { ,,~:_' v' .iy>~ '-;;.-.: r . r. " ",,-_to{ ,.... ~...... r.J ":::--.,', -,...,:. ~ ~ t", ~-:::. ~. .~ / r-,) r", ~ f:\' ?-. r.-l ," , ~) ~ ""-.., ..;./ ~'- \~j ~, '-. v Y' ,---- ~. en !qJ rr! ~ _.en _~~!'TJ' <:><:>_::r:> . N.'-;I/ -IQ..cJI;'Ocn .b. :z:' -i ~ >--: ~ ,...} f" Wayne Janis From: Sent: To: Subject: Wayne Janis [wayne@janistech.com] Monday, September 20, 20042:45 PM Alisa E. Janis Returning correspondence Alisa - I am returning to you, unopened may I add, the piece of correspondence received last week. Let me state, for hopefully the last time, that I must insist that any and all communication between us remain via email - for previously-stated obvious reasons. Additionally, should you have the rare occasion in the future to use US mail, I am requesting that you use my home address, and not my place of business. Thank you in advance for your cooperation. 1 ~ -'4, I" n ~ 0"" l"...:J f." ',' L _~ o -n .,.l ~ ,- ~ _. I... ~. ,1 i' ~ "1 r:' --: \ \1) , ~; Ii, "1,4 Co''') ~. Ct \ C:C~ (d 'V DEe 2 7 2004 ('" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE JANIS vs. 01-4772 CIVIL ACTION LAW ALISA JANIS Defendant IN CUSTODY ORDER OF COURT AND NOW, this YO day of '] ~~~ , 2004, consideration of the attached Custody Conciliation Report, it is ordered aIitl directed as follows: upon 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Stanley Schneider, Ph.D. or other professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the needs ofthe Children and to address conflicts and concerns which have arisen with regard to the Children. Initially, the Father shall be responsible to pay 87% and the Mother shall be responsible to pay 13% of the evaluation costs. Both parties reserve the right to request that the Court modify the parties' contribution to the evaluation expenses in future proceedings. Both parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information concerning the parties or the Children. 2. Both parties shall be entitled to have uninterrupted, unimpeded e-mail and telephone contact with the Children. 3. The Mother agrees to provide to the Father through counsel information concerning Danielle's college admission testing scores, college plans and senior photo number within a reasonable time following the conciliation conference. 4. In addition to the Christmas holiday arrangements set forth in the prior Order, the Father shall have custody of Danielle and Jessica on Christmas Day from 3:00 p.m. until 6:00 p.m. and the Mother shall have custody of Noah from Wednesday, December 29,2004 at 5:00 p.m. through Thursday, December 30, 2004 at 5 :00 p.m. The party relinquishing custody of the Children under this provision shall be responsible to provide transportation for the exchange of custody. 5. The parties agree that the requests for relief raised in their complaint or counterclaim shall be reserved for further disposition by the Court, if necessary, following receipt of the custody evaluator's recommendations. Within 60 days of receipt of the evaluator's written recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference to address any remaining issues. '" \ , 6. This Order is entered pursuant to an agreement of the patties at a custody conciliation conference. The parties may modify the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE CQURT, ~ cc: Samuel L. Andes, Esquire - Counsel for Father 'J.. 11 0 Steven Howell, Esquire - Counsel for Mother I~~ J. (/~ '6~ Jk ....,. ~''l,\i\;'II\i" '::;1./, n ' t , j ~'. 1/\\.;...1 \ -7"-'; /J.,~!n(i,~; (,;,,'r-j) _':-,'~;~. ~''"' '"' '., '" " ':} 'i Iv 8'7 : 1/ UV De J]o MOl J..tJV10N0I110l::Jd 3}J: -'0 ~l/'jI , ''-' I.L "" ;::)1.JI.1."'iu-(J37/j Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE JANIS vs. 01-4772 CIVIL ACTION LAW ALISA JANIS Defendant IN CUSTODY Prior Judge: Edgar B. Bayley 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Danielle Janis Jessica Janis Noah Janis August 6, 1987 July 10, 1989 April 17, 19997 Mother Mother Mother/Father 2. A conciliation conference was held on December 16, 2004, with the following individuals in attendance: The Father, Wayne Janis, with his counsel, Samuel L. Andes, Esquire, and the Mother, Alisa Janis, with her counsel, Steven Howell, Esquire. 3. This Court previously entered Orders on June 2, 2003 under which the parties had shared physical custody of Noah on an alternating weekly basis, and on October 28, 2003 under which the parties had shared physical custody of Danielle and Jessica on the same schedule as Noah. The Father filed this Petition for Modification and Contempt, to which the Mother responded with a counterclaim to modify the existing Orders. 4. The parties agreed to entry of an Order in the form as attached requiring them to obtain a custody evaluation in an effort to address all of the outstanding custody issues. The parties acknowledged at the time of the conciliation conference that Danielle and Jessica are currently residing with the Mother primarily. It was agreed that the Father's concems about contact with the girls is one of the issues to be addressed in the evaluation. D.{JOJ~ c;!;1/j 'J-o{)if Date Q~-4; Dawn S. Sunday, EsqUIre Custody Conciliator Plaintiff RECEnt bU AUG ,fl 10Gb J.- BY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE JANIS vs. 01-4772 CIVIL ACTION LAW ALISA JANIS Defendant IN CUSTODY ORDER OF COURT AND NOW, this -z.... "t day of ,~ J!- ..l , 2006, consideration of the attached Custody Conciliation Report~t ~:d directed as follows: upon 1. All prior custody orders as to Noah Janis, born April 17, 1997, are vacated and replaced with this Order. 2. The Father, Wayne Janis, and the Mother, Alisa Janis, shall have shared legal custody of Noah. The Mother shall provide the relevant information and consult with the Father in making major non-emergency decisions affecting the Child, including but not limited to, all decisions regarding his health, education and religion. Each parent shall be entitled to have equal access to the Child's school and medical records. The Mother shall promptly provide to the Father any cards or other proof of insurance for any and all health related insurance covering the Child. The parties shall notify each other in advance of the Child's medical appointments. The Mother shall inform the Father of any school related conferences, appointments or activities which are not on the school calendar. The parties shall consult in advance on activities in which the Child is to be enrolled, recognizing that the Child will primarily participate in activities within his school district or in the locality of the Mother's residence rather than having the Child enrolled in the same activities in both parties' geographic area. The parent who obtains the contact and scheduling information for the activity shall share the information with the other parent to facilitate the other parent's involvement. In general, the parties shall conduct themselves in such a way as to foster the involvement ofthe other parent in the Child's life. Unless otherwise agreed, the parties shall exchange information under this provision by email. 3, The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends during the school year, beginning Saturday September 9,2006, from Saturday at 10:00 a.m. through Monday morning when the Father shall transport the Child to school, or 10:00 a.m. if there is no school. The school year schedule shall begin each year with the Father having custody on the weekend following Labor Day. During the Summer school break, the altemating weekend schedule shall be suspended and the Father shall have custody for three consecutive weeks beginning on Father's Day at 9:00 a.m. and ending on the Sunday three weeks later at 8:00 p.m. 5. The parties shall share having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into segment A, which shall run from 12:00 noon on Christmas Eve through 12:00 noon on Christmas Day, and segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody during segment A and the Mother shall have custody during segment B. In odd numbered years, the Mother shall have custody during segment A and the Father shall have custody during segment B. B. Easter/Thanksgiving: The holiday period of custody on Easter and Thanksgiving shall run from 9:00 a.m. until 9:00 p.m. on the day of the holiday. In even numbered years, the Mother shall have custody on Easter and the Father shall have custody on Thanksgiving. In odd numbered years, the Father shall have custody on Easter and the Mother shall have custody on Thanksgiving. C. Mother's DavIFather's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. through 9:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. The Father shall have custody of the Child for the weekend of the Father's wedding from Friday, when the Father shall pick up the Child at sChool through Monday morning when the Father shall return the Child to school. The Father shall notify the Mother at least 30 in advance of the wedding date. In the event the wedding falls on the Mother's regularly scheduled weekend, the parties shall exchange the immediately following weekend, unless another make-up weekend is selected by agreement. 7. The Mother shall ensure that the Child has appropriate clothing, necessary medications, corrective lenses and all necessary school materials for assignments, projects, etc., for periods of custody with the Father. The Father shall ensure that the foregoing items are returned at the end of his periods of custody. 8. Unless otherwise agreed between the parties, the Father shall be responsible to provide transportation for exchanges of custody. 9. During the week, the custodial parent shall ensure that the Child initiates telephone calls to the noncustodial parent, at a minimum on Tuesday and Thursday evenings at approximately 8:00 p.m. During the Mother's weekend periods of custody, the Mother shall ensure that the Child contacts the Father by telephone on Saturday or Sunday evening. For purpose of this provision, the Father shall be contacted on his cellular phone. 10. The Mother shall reimburse the Father in the amount of$2405.00, reflecting the difference between the thirteen percent share of the custody evaluation costs which she has paid and her fifty percent share. 11. The parties agree to submit any conflicts which arise in connection with the custodial arrangements in the future for resolution through the mediation process prior to initiating legal proceedings with a mediator selected by agreement between the parties. 12. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Edgar B. Bayley J. \. cc: ~ue1 L. Andes, Esquire - Counsel for Father ~even Howell, Esquire - Counsel for Mother . ~ I1tEO..{)fFICE THE PROTHONOTARY I AUG 29 PM 2: I 5 ,~FI", .... I 1'1: IINTY J:__,-.,,~" .' -,,,,,,v PENi\iSYlVIINiA Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE JANIS vs. 01-4772 CIVIL ACTION LAW ALISA JANIS Defendant IN CUSTODY Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CML PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Noah Janis April17, 1997 MotherlFather 2. A conciliation conference was held on August 24, 2006, with the following individuals in attendance: The Father, Wayne Janis, with his counsel, Samuel L. Andes, Esquire, and the Mother, Alisa Janis, with her counsel, Steven Howell, Esquire. 3. The parties a greed to entry 0 fan 0 rder in the form a s a ttached. In addition, the parties agreed that the Mother's reimbursement of $2405.00 to the Father for her one-half share of the custody evaluation costs would be made through a credit to the Father on the existing Child Support Order through the Domestic Relations Office. ft-v ~ cJ S- ( ~aJ Date D'~()~ Custody Conciliator