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Home My WebLink About04-5063r~ Franklin County Prothonotary~s Office Page 14332109292004 Civil Case Print 1999-10276 BETH M WACHTER [vs) KENNETH A WACHTBR Reference No..: Case TvT~e ..... : CUSTODY Ju~gmeh~ ....... 00 Judge Assigned: Disposed Desc.: DISCONTINUED ............ Case Comments ............. Filed ........ Time ......... : Execution Date Jury Trial Disposed Date Higher Crt 1.: Higher Crt 2.: 4/15/ 999 9:29 0/00/0000 9/28/2004 General Index Attorney Info WACHTER BETH M 4170 ORRSTOWN ROAD ORRSTOWN PA 17244 PLAINTIFF DEFENDANT WEIGLE JERRY A WACHTER KENNETH A 7314 HIGHWAY 35 FLORENCE MO 65329 4170 ORRSTOWN ROAD ORRSTOWN PA 17244 * Date Entries * 4/15/1999 4/15/1999 4/15/1999 4/16/1999 4/29/1999 6/o2/1999 6/07/1999 8/10/1999 8/27/1999 9/17/1999 9/28/1999 10/07/1999 9/13/2004 9/17/2004 9/24/2004 ............. FIRST ENTRY .............. ORDER OF COURT AND DIRECTIVE FOR CONCILIATION WITH COMPLAINT FOR CUSTODY SCHEDULING CONFERENCE ON MONDAY JUNE 7 1999 AT 3:00 PM IN COURTHOUSE WITH COPIES FILED. BY DOUGLAS W HERMAN JUDGE. AFFIDAVIT OF SERVICE WITH COPIES FILED. AMENDED AFFIDAVIT OF SERVICE SERVED TO DEFENDANT FILED. AFFIDAVIT OF SERVICE FILED. MOTION FOR CONTINUANCE OF CHILD CUSTODY CONCILIATION CONFERENCE FILED AND SENT UPSTAIRS. ORDER OF COURT DATED JUNE 4 1999 FOR MOTION FOR CONTINUANCE OF CHILD CUSTODY CONCILIATION CONFERENCE FILED. BY: RICHARD J WALSH JUDGE. AND SENT UPSTAIRS. FILED. BY JOHN R WALKER PJ MOTION TO RESCHEDULE CHILD CUSTODY CONCILIATION CONFERENCE FILED ~tND PLACED IN HANDS OF THE COURT A~DMINISTRATOR'S OFFICE. ORDER OF COURT RESCHEDULING MATTER FOR NOVEMBER 5, 1999 FILED. BY RICHARD J WALSH JUDGE AFFIDAVIT OF SERVICE OF MOTION TO RESCHEDULE CHILD CUSTODY CONCILI- ATION CONFERENCE AND ORDER OF COURT FILED. PETITION TO CONFIRM CUSTODY OF MINOR CHILDREN IN PLAINTIFF ~2qD TO RETURN MINOR CHILDREN FROM FOREIGN JURISDICTION FILED AND SENT UPSTAIRS. DEFENDANT AND DIRECTING HIM TO FILE AN ANSWER WITHIN 20 DAYS OF THIS DATE. ARGUMENT~PETITION MAY BE HELD UPON APPLICATION OF EITHER PARTY AND PLAINTIFF/PETITIONER IS DIRECTED TO FILE WITHIN 7 DAYS A PETITION TO TRANSFER THIS PROCEEDING TO CUMBERLAND COUNTY WITH COPY FILED AND SENT TO ATTORNEY. BY: RICHARD J WALSH JUDGE FILED ~ND SENT UPSTAIRS. PY$51~-- Franklin County Prothonotary~s Office Page 2 14332109292004 Civil Case Print 1999-10276 BETH M WACHTER (rs) KENNETH A WACHTER Reference No..: Ca~e Type ..... : CUSTODY Ju~gmenn ..... ~ .00 Judge Assigne~: Disposed Desc.: DISCONTINUED ............ Case Comments ............. Filed ........ : Time ......... : Execution Date Jury Trial .... Disposed Date. Higher Crt 1.: Higher Crt 2.: 4/15/1999 9:29 o/oo/oooo 9/28/2004 9/28/2004 ORDER DATED SEPT 27 2004 TPJ~NSFERRING ACTION TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY FILED WITH COPIES SENT TO ATTY WEIGLE AND COPY SENT TO KENNETH A WACHTER IN S/A/S/E PROVIDED. BY RICHARD J WALSH JUDGE. 9/29/2004 CASE FILE SENT TO CUMBERLAND COUNTY PROTHONOTARY BY CERTIFIED MAIL. .............. LAST ENTRY .............. * Escrow Information * * Fees & Debits Beg Bal Pymts/Adj End Bal * COMP CSTY NEW DISC CUST/JCP CUSTI WRIT CUST/ AOPC FEE CONCILIATION 36.00 36 00 5.00 5 00 5.00 5 00 .50 50 4.00 4 00 100.00 100 00 150.50 150.50 .00 .00 .00 .00 .00 .00 .00 * End of Case Information * IN THE COURT OF COMMON PLEAS OF THE 39m JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, : CIVIL ACTION - LAW Plaintiff : v. : NO. 1999-10276 KENNETH A. WACHTER, : Defendant : CUSTODY ORDER TRANSFERRING ACTION AND NOW, this 2'~ day of ~I~~ ,2004, upon consideration of Plaintiff's Petition to Transfer P'ursdant to Pa. R.C.P. 1006(d)(1) and pursuant to the Court's previous Order in this proceeding of September 17, 2004, it is hereby ordered that the action is transferred to the Court of Common Pleas of Cumberland County, Pennsylvania. It is further ordered that the Prothonotary shall forward the record to the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, upon Prgecil?e of the Plaintiff and upon [~ay~ment by the Plaintiff of all costs and fees~therefor. IN THE COURT OF COMMON PLEAS OF THE 39m JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, : CIVIL ACTION - LAW Plaintiff : : v. : NO. 1999-10276 : KENNETH A. WACHTER, : Defendant : CUSTODY PETITION TO TRANSFER CUSTODY ACTION PURSUANT TO Pa. R.C.P. 1006(d}(D AND NOW COMES, the Plaintiff, Beth M. Wachter, by and tkrough {her attorney, Weigle & Associates, P.C., and files the within Petition to Transfer as follows: Your Petitioner/Plaintiff is Beth M. Wachter, presently of 1351 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Your Petitioner/Plaintiff previously resided at 4170 Orrstown Road, Orrstown, Franklin County, Pennsylvania, from 3une 1998 until May 2003 when she moved to 35 Kost Road, Carlisle, Cumberland County, Pennsylvania. Petitioner/Plaintiff has since relocated to her present address of 1351 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania. The Respondent/Defendant is Kenneth A. Wachter, presently of 912 Abrams Street, Green Bay, Brown County, Wisconsin 54302. The parties hereto are the natural parents of Janay M. Wachter, born October 17, 1992, and Ray Alan Wachter, born October 10, 1994. Your Petitioner/Plaintiff was previously awarded both legal and primary custody of the above-named minor children by this Court pursuant to a temporary Order of Court and Directive for Conciliation dated April 15, 1999, a copy of which is attached hereto, made a part hereof, and marked "Exhibit A.' Said Order was never made permanent pursuant to conciliation or custody hearing before the Court, because the Respondent/Defendant, who at all times relevant hereto, resided and worked outside the Commonwealth of Pennsylvania, never appeared for scheduled conciliation conferences. Your Petitioner/Plaintiff has since moved to Cumberland County, Pennsylvania, and has resided continuously in Cumberland County, Pennsylvania since May 2003. Your Petitioner/Plaintiff has previously filed with the Court a Petition to Confirm Custody of the Said Minor Children in her and to have them returned from a foreign jurisdiction. The Respondent/Defendant does not concur with this request and has filed for custody of said children in the state of Wisconsin. 10. This Honorable Court, by Order dated September 17, 2004, a copy of which is attached hereto, made a part hereof, and marked "Exhibit B" has retained jurisdiction but ordered that this case be transferred to the Court of Common Pleas of Cumberland County, Pennsylvania, which is the Court of proper venue. NOW THEREFORE, pursuant to Pa. R.C.P. 1006(d)(l), your Petitioner/Plaintiff respectfully requests the Court to transfer this custody action to the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania. Respectfully submitted: By: (~ / -- Jetty A. Wxeigle, Esqmre A~omey fo'r-Plaintiff ID No. 01624 WEIGLE & ASSOCIATES, P.C. 126 East King Street Shippensburg, PA 17257 717-532-7388 VERIFICATION I verify that the statements made in the foregoing Petition to Transfer Custody Action are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Dated: O~l&:Sl Oq BETH M. WACHTER IN THE COURT OF COMMON PLEAS OF THE 39~s 3TIDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, Plaintiff, CML ACTION - LAW KENNETH A. WACHTER, : 4f -':~'~ - Defendant. : CUSTODY }~ ~i~ ~ ORDER OF COURT AND DIRECTIVE FOR CONCILIATION Nowthis I.-K' dayof /-X~ ~ , , 1999, tbis Order will notify Kenneth A. Wachter, Defendant, that you have been sued in Court to obtain custody of the children, Janay M. Wachter, bom October 17, 1992, and Ray Alan Wachter, born October 10, 1994. It is ordered and directed that /'~o..u~ 3, ~,/~f~ o.,~,.~.~_xq--- , Esquire the Court's Child Custody Conciliation Officer, is hereby directed to conduct a Conciliation Conference on ]V'ko.~. &%~ the FI +~' day of -~ ~ox ~._ , 1999, at _.~ o'clock f~ . M., at th~ assigned room, Third Floor, Franklin County Courthouse, Chambersburg, Pennsylvania. The anticipated length of the Conciliation Conference is one (1) how. The parties along with their legal counsel shall appear in person at the designated time for the Conciliation Conference. A Memorandum shall be furnished to the Conciliator at least two (2) days prior to the scheduled Conciliation Conference pursuant to 39a' Jud~.cial District Civil Rule No. 1915.3 (b)(8). Failure to provide said Memorandum may result in the imposition of sanctions. At the Conciliation conference an effort will be made to see if the issues can be resolved by an agreement between/he parties. If an agreement cannot be reached, the Conciliator will assist in defming and narrowing the issues to reduce time required for hearing by the Court. At the conclusion of the conference, the Conciliator will prepare a Conference Summary Report for further action by the Court. You have the right to be represented by an attorney who may attend the Conciliation Conference wkh you. If you have not secured an attorney by the date of the scheduled Conciliation Conference, you shall nonetheless personally appear at the time scheduled for the Conciliation Conference without an attorney. The Plaintiff has deposited the sum orS100.00 with the Prothonotary for the cost of the Conciliation Conference and the Court reserves the right to further assign or divide these costs. 3> (~ Attest: A TRU[ COPY LINDA L. E.KAR~, MROTHDNOTARy EXHIBIT A Kermeth A. Wachter, Defendant, is notified that if you fail to appear as provided by this Order or to bring the child, an Order of Court for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. Pending the hearing, with emphasis placed on the arrangements for the six (6) months preceding the filing of this Complaint and with particular attention paid to the role of primary caretaker, the Court hereby establishes the following temporary Order for Custody pending a hearing: legal custody in Beth M. Wachter, Plakltiff; primary physical custody in the Plaintiff, Beth M. Wachter, with _~.rio4s of, partial custady in the Defendant, Kenneth A. Wachter~,as the parties may agree. '~x~.--,r~-.~ The Defendank is hereby notified that if he disputes fhe~Plti~ntiff's avednents regarding the current status of the custody arrangements and this Order entered on the basis of those averments, he tm.s the right to request a prompt conference with the Court. I£the matter of the temporary custody arrangements is not resolved at the conference, the Court may in a typical factual situations and/ts sole discretion schedule a briefheaxing limited to the issues of determining temporary custody arrangements pending the scheduled Conciliation Conference. The parties and their legal counsel, if applicable, are hereby directed to engage in meaningful negotiations to resolve this matter prior to the Conciliation Conference. YOU SHOULD TAKE TI-ElS 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 F/ND OUT WH~RE YOU CAN GET LEGAL HELp. Permsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA only) or . EXHIBIT A IN THE COURT OF COMMON PLEAS OF THE 39Tt~ JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, Plaintiff KENNETH A. WACHTER, Defendant CIVIL ACTION - LAW NO. 1999-10276 CUSTODY ORDER OF COURT AND NOW, this17 day or~,~ ,2004, upon consideration of the foregoing petition, it is here~y ordered that ! ~- a rule is issued upon the Respondent/Defendant to show cause why the Petitioner/Plaintiff is not entitled to the relief requested; the Respondent/Defendant shall file an answer to the peti6on within. ~-0..day~ of this date; the petition shad be decided under 23 Pa. C.S.A. §"5~4~ et. seq. and Pa. R.C.P. No. 206-7; ~gument shall be held on Franklin County Courthouse; and ., 2004 in Courtro~m of the 5. notice of the entry ~ffthis ~)rdcr shah be provided to all parties by the Petitioner/Plaintiff. WI~IBIT ~B' IN THE COURT OF COMMON PLEAS OF THE 39m JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, Plaintiff KENNETH A. WACHTER, Defendant : CIVIL ACTION - LAW : NO. 1999-10276 : CUSTODY i' ::i ' ORDER OF COURT AND NOW, this /7 _ day of petition, it is hereby ordered that ,2004, upon consideration of the foregoing a rule is issued upon the Respondent/Defendant to show cause why the Petitioner/Plaintiff is not entitled to the relief requested; the Respondent/Defendant shall file an answer to the petition within ZO days of this date; the petition shall be decided under 23 Pa. C.S.A. §'T~4Z]. et. seq. and Pa. R.C.P. No. 206-7; argument shall be held on Franklin County Courthouse; and ,2004 in Com'troom of the notice of the entry of this order shall be provided to all parties by the Petitioner/Plaintiff. BY THE COURT: IN THE COURT OF COMMON PLEAS OF THE 39Tn JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, : CIVIL ACTION Plaintiff : v. : NO. 1999-10276 KENNETH A WACHTER · Defendant : CUSTODY PETITION TO CONFIRM CUSTODY OF MINOR CHILDREN IN PLAINTIFF-ANI}i; TO RETURN MINOR CHILDREN FROM FOREIGN JURISDICTION' AND NOW comes the Petitioner/Plaintiff, Beth M. Wachter, in and through her legal counsel, Weigle & Associates, P.C, and pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act as amended (23 Pa. C.S.A. § 5401 et. sec.), who represents and petitions as follows: Your Petitioner/Plaintiff is Beth M. Wachter, presently of 1351 Old Willow Mill Road, Mechanicsburg, Cmnberland County, Pennsylvania. The Respondent/Defendant is Kenneth A. Wachter, presently of 912 Abrams Street, Green Bay, Brown County, Wisconsin. Your Petitioner/Plaintiff was awarded both legal and primary custody of Janay M. Wachter (age l l) and Ray Alan Wachter (age 9) pursuant to temporary Order of Court and Directive for Conciliation dated April 15, 1999, a copy of which is attached hereto, made a part hereof and marked Exhibit "A." Said Order was never made permanent pursuant to conciliation or custody heating before the Court, because the Respondent/Defendant, who at all times relevant hereto, resided and worked outside the Commonwealth of Pennsylvania, never appeared for scheduled conciliation conferences. Your Petitioner/Plaintiff has served as primary caregiver for said minor children with only sporadic visits from the Respondent/Defendant from birth to on or about June 18, 2004. During the winter and spring months of 2004, Petitioner/Plaintiff became concerned about the manner in which her live-in boyfriend was treating the children, mad therefore removed them to the home of Respondent/Defendant's mother, who resides in Columbia, Maryland, on or about June 18, 2004. The arrangement with Respondent/Defendant's mother was temporary in nature in order to afford the Petitioner/Plaintiff some time to extricate herself from the relationship with her boyfriend. On or about July 21, 2004, Petitioner/Plaintiff consented to let Respondent/Defendant remove said minor children to his home in Green Bay, Wisconsin, with the express understanding that the children would be returned to her in Pennsylvania when Petitioner/Plaintiff established a new residence. Your Petitioner/Plaintiff has, in fact, established a new home residence which is most suitable to accommodate herself and her minor children and has notified the Respondent/Defendant, but Respondent/Defendant refuses to return the children, has enrolled them in school in the State of Wisconsin, and has begun a custody proceeding in that state. The Wisconsin custody document served on your Petitioner/Plaintiff is attached hereto, made a part hereof, and marked Exhibit "B." 10. The Commonwealth of Pennsylvania and this Honorable Court retain jurisdiction of this matter pursuant to 23 Pa. C.S.A. § 5421 as amended. 11. Counsel for Petitioner/Plaintiff has sought concurrence of counsel for the Respondent/ Defendant in the State of Wisconsin, but no response has been received as of the filing of this Petition. WHEREFORE, Petitioner/Plaintiff prays Your Honorable Court to issue a Rule upon the Respondent/Defendant to show cause why the minor children should not be returned immediately to her, to establish a custody hearing to confirm primary residential custody in the Petitioner/ Plaintiff, and to order such other relief as may be appropriate. WEIGLE & ASSOCIATES, P.C. /~ ~ttorney for Plaintiff ~ ID #01624 ~ 126 East King Street Shippensburg, PA 17257 (717)532-7388 VERIFICATION I verify that the statements made in the foregoing Petition to Confirm Custody of Minor Children in Plaintiff and to Return Minor Children from Foreign Jurisdiction are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. BETH M. WACHTER IN THE COURT OF COMMON PLEAS OF THE 39TM JUDICIAL DISTRICT FRA~NKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, : CML ACTION - LAW Plaintiff, : v. : No. lc ° q - KENNETH A. WACHTER, : Defendant. : CUSTODY O~ER OF COURT AND DIRECTI~FOR CONCILI Nowt~s I~ dayof ~, I ,1999, this Order Will notify Ke~eth A. Wachter, Defendant, t~t you ~ve ~en sued ~ Cou~ to obta~ custody of the c~l&e~ Jamy M. Wachter, ~m Octo~r 17, 1992, ~d ~y Alan Wachter, Ocfo~r 10, 1994. It ~ ordered ~d dkected t~t ~ & ~, ~ ~r( , Esq~e the CouWs C~ld Cu~ody Conciliation Officer, ~ hereby dkected to conduct a Concgiatinn Co~erenceon ~.~&~ the Q ~ dayof ~ ~< ,1999, at ~ o'clock ~ . M., at the ~si~ed roo~ T~d Floor, Fr& Cowry Co~ho~e, Cham~rsb~g, Pe~ylva~a. ~ ~ticipated lenZh of the Conciliation Coherence is one (1) ho~. The p~ies along with trek legal co~sel shall appe~ person at the designated t~e for the Conciliation CoherenCe. A Memor~dum shall be ~ished to the Conciliator m le~ two (2) da)~ pr/or to the scheduled Conciliation Coherence pmsuant to 39~ Judicial District Civil Rule No. 1915.3 (b)(8). Failure to provide ~id Memor~dum may result ~ the ~position of sanctions. At the Conciliation conference an effort will be made to see if the issues can be resolved by an agreement between the parties. If an agreement cannot be reached, the Conciliator will assist in defining and narrowing the issues to reduce th,ne required for hearing by the Court. At the conclusion of the conference, the Conciliator will prepare a Conference Summary Report for further action by the Court. You'have the right to be represented by an attorney who may attend the Conciliation Conference with you. If you have not secured an attorney by the date of the scheduled Conciliation Conference, you shall nonetheless personally appear at the time scheduled for the Conciliation Conference without an attorney. The PlaintitThas deposited the sum orS100.00 with the Prothonotary for the cost ofthe Conciliation Conference and the Court reserves the right to further assign or divide these costs. (~ Attest: A TRUE COPY LIN:')A L. E.~fA/t~, P~OTHONOTARY EXHIBIT A IN THE COURT OF COMMON PLEAS OF TIlE 39TII JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, Plaintiff, KENNETH A. WACHTER, Defendant. CIVIL ACTION - LAW NO. CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff.is Beth M. Wachier, presently'residing at 4170 Orrstown Road, Orrstown, Franklin County, Pennsylvania 17244. 2. The Defendant is Kenneth ~ Wachter, presently receiving mail at either 7314 Highway 35, Florence, Missouri 65329 or P.O. Box 9523, Green Bay, WisconSin 54308, but who still conSiders and represents his permanent residence to be 4170 Orrstown Road, Orrstown, Franklin County, Pennsylvania 17244. 3. Plaintiff seeks custody of the following children: NAME Janay M. Wachter Ray Alan Wachter ' PRESENT RESIDENCE AGE 4170 Orrstown Road, Orrstown, Frk. Cry., PA 6 years 4170 Orrstown Road, Orrs/own, Frk. Cry., PA 4 years The child, Janay M. Wadhter, was bom out of wedlock. The child, Ray Alan Wachter, was not bom out of wedlock. The children are presently in the custody of Beth M. Wachter, who resides at 4170 Orrstown Road, Orrstown, Franklin County, Pennsylvania. During the past five years, the child, Janay M. Wachter, has resided with the following personS and at the following addresses: NAME Beth and Kenneth Wachter, Warren, Austin and Betty Main ADDRESS DATE 8202 CheStfiut Grove Road, Frederick, 4/92-I/96 Frederick County, Maryland Beth Wach/er, Warren and 8202 Chestnut Grove Road, Freder/ck, Austin Main Frederick County, Mary/and 1/96-5/96 Beth Wachter 4170 Orrstown Road, Orrstown, Franklin County, Pennsylvania 5/96-10/96 EXHIBIT A Beth and Kenneth Wanhter 4170 Orrstown Road, Orrstowrg Franklin County, Pennsylvania 10/96-6/98 Beth Wachter 4170 Orrstom Road, Orrstown, 6~98-present Franklin County, Pem~sylvania ,: During the past five years, the child, P~y Alan Wachter, has resided with the following persons and at the following addresses: NAME Beth and Kenneth Wachter, Warren, Austin and Betty Main Beth Wachter, Warren and Austin Main ADDRESS DATE 8202 Chestnut Grove Road, Frederick, 10/94-1/96 Frederick County, Maryland 8202 Chestnut Grove Road, Frederick, Frede~'iq¢ County, Maryland 1/96-5/96 Beth W'achter 4170 Orrstown Road, Orrstown, Frank/in County, Pennsylvania 5/96-10/96 Beth and Kenneth Wachter 4170 Orrstown Road, Orrstown, Frank/in County, Pennsylvania 10/96-6/98 Beth Wachter 4170 Orrstown Road, Orrstowrg Franklin County, Pennsylvania 6/98~present. The mother of the childrln is Beth M. Wachter; currently residing at 4170 Orrstown Road, Orrstown, Franklin County, Pennsylvania. She is married. The father of the children is Kenneth A. Wachter, currently receives mail at either 7314 Highway 35, Florence, Missouri 65329 or P.O. Box 9523, Green Bay, Wisconsin 54308, but considers and represents his permanent residence to be 4170 Orrstown Road, Orrstown, Franklin County, Permsylvania. He is married. 4. The relationship of Plaintiffto the children is that of mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Janay M. Wachter daughter Ray Alan Wachter son 5. The relationship of Defendant lo the children is that of father. The Defendant currently resides with the following persons: NAME NONE RELATIONSHIP EXHIBIT A VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements hereha are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. . Wachter, Plaintiff Dated:_~ - I ~- q ~ EXHIBIT A ~o o4 You arc lhrther hereby noti fled that iffl~c parties to this action have mlnor children, violation o fthe followi ~g criminal statute is lmnishabl~ by a fine not to ex. coed $10,000.00 or imp~fsonmc~t ~ot to exceed two years, or both: §948.31 Interference with custody by parent or otllcrs. (I)(a)l. A parent or otherperson h,qvlng legal custody of the child under an order judgment in an action for divorcc, legal sepm'ation, atmulmcnt, child custody, paternity, guardianship or habeas corpus. 2. Thc DeparOnent of Health and Social Services or any person, county department unclear {}46.215, 46.22, 46.23 or licensed child welfare agency, if custody of the child has been transfen-ed under ch. 48 to tile department, person dC agency. (b) Except as provided trader ch. 48, whoever intentionally causes a eh~Id to /cave takes a child swayer withholds a child for more than twelve (12) hours beyond thc corn-t-approved p~riod of physical placement or visitation period l~rom a legs[ custodian with intent to deprive the cust0dimx of his or her custody rights wil:hout thc consent of thc custodian is guilty of a Class E felony. This paragraph is ~ot applleabM if thc court has entered an order authorizing the person to so take or withhold the child, Thc £act that joint legal custody has bccn awarded to bolh parents by a court does not preclude a eom't from finding that one permit has committed a violation of this paragraph~ (2) Whoever causes ~ ci~/ld to leave, takes a child away or withholds a child for more than 12 hours from thc child's parents, or the child's mother in the ease cfa marital child where parents do not subsequently in~emmrry under Sec. 767.60, Wis.Stats. without the consent of the paronls or the mother, is gui/ty cfa Ciasa Felony. This subsccfion is not applicable if legal custody has been granled by court order to the person taking or withholding the chi Id. (3) Any pure,it, or any peasen acting pursuant to directions fi'om the parent, M~o does any of thc followi~g is g'ailty ova Class E Felony: ia) Intentionally conceals a child t?om the child's other parent. (b) After being served with process in an act[ol~ aflbcting the family but prior to ;hc issuance of a temporary or final order detcrmining child custody right, takrss the child or causes thc child to leave the other p~cnt in violation of the 0rd~r or withhokls a ch/Id For more than 12 l]ours beyond tile court-approved period of physical placement or viskation period. (4)0) lt is al~ afl]nnative dclbnse lo prosecution For viokttion o F this section i.Fthc act/on: I. Is taken by a parent or by a person authorized by a parcnt to protect his or her child l:?om imminent physical berm or sexttal assault; 2. Is taken by a parcn~ lqccing D'om imminent pt~yslcal harm to himself or hcrscl EXHIBIT B (6) 3. Js consented to byt]m other parcnt or any other person or agency havin~ le~a] cust:ody o£thc chi/d; or 4. ~s othc~ise au~ofizad by law. (b) A defendant who raises an affinnaivc delEnse has the burden ofprovlng thc dot, use by a preponderance of thc cv~denoe. The venue o£an action under this section Js prescribed in ~971. Wis. Stats. In addition to any other penakies provided for violation o Fthis section, a court may order a violator to pay restitution, regardless oF whether thc violator is placed on ~rohation under ~973.09~ to provide reimbursement tbr any reasonable expenses incurred bym~ypcrson or any govcmmenta} entityin locating and rctttming file child. ~y such mnotmts paid by the violator shall be paid to the person or govemmentai cntity which incun~ed the expense on a proratod basis. Upon thc application of any intm-estcd p~ty, th.e Court shah hold m~ evidentiaor hem-lng to dctcmaine the amount of reasonable expenses. ,~767,081 lnJbnnation £r_Qj]~ Family C..ourt Commissioner O) ThcFmnJlyCourtCommisslonershall, withorwJthoutchargeprovidethepnrtywith written infbm~ation on the following, as appropriate to thc actkm commenced: 1. The procedure for obtaining ajudgnnent or order in this action. 2. The m~ljor issues usually addressed il~ such an action. 3, Commm~ityrcsourcesandfim~ilycom'tcom~sclingsprvicesavailablcIoassJst tho pm~:ies. 4. The procedure for setting, modi t~ng, and en'Fomiug child support awards or modi£ying and enforcing legal custody or physical placement judgnnents or orders. (b) Thc Family Court Commissioner shall provide a party, lbr inspect/on or purchase, with a copy of thc statutory provisions in this Chapter generally pertinent to the action. STATLrTOR Y PROVrS IONS FCp'R DET~RM INING Cf-III..D SI~)PORT AWA R DS §767.25(1.) Whenever the Court approves a stipulation for clnild support under §767.10, caters a Judgment o£ mmuLmcnt, divorce or legal scpm-ation, or en£ers an order for a I'udgment in an action trader .{767 02(1)('1) of(j) or §767 08, the Court she order c/thor or both parents to pay an amotmt reason-',ble or necessary to FubSll a duty to support a child and shall specifically asslhm responsibility for ,and direct tl~c manner ofp~ yment el'the chikt's health care expenses. Tile support amount may be expressed as a perccnlage of paten[al income er as a fixed sum. (Am) F, xccpt as providcd in sub. (Up), in ordoHng paymcnt of child support thc Court shalI consider the guidelines lbr tile determination o£ chi Id support established by the Department o£Health and Social Services and the following factors: 0.) Thc _finm~c~al resources o£the child. (b) The financial resoumos of beth parents as detcnnlned under §767.255. EXHIBIT B (~) (c) The standard of living tln~ child would have enjoyed had the marrlagc not ended in annulment, divorce or legal sep~ation. (d) The desirabi Et7 that the custodian remain in the home as a full-time permit. (¢) The cost of day care if the custodian works outside thc home or the value of custodial services perlbrmcd by the custodian if thc c'ustodian remains in thc home. (f) Th~ physical and emotional health .hoods of' the child. (g) ~lhe child's educational needs. (h) Thc tax consequences to each party. Such other 15'tctors as the Court may in each individnal case deteqnine to be relevant. In lieu of determining child support payments under Sub. (am), thc Com-t may order either or botl~parcnts to payan amount determined by using thc percentage standard adopted under §767.395(3). The Court may protect mid promote lbo best interests of the minor childr~m by setting aside a l~ortion o£the child support which either party is ordered to pay in a separate fired or h'ust for the support, education and welfare oFsuch children. Violation of visltation rights by the custodial parents shall not constitute reason for fhilure to mcct child support obligations. Thc Com't shall order either party or bott~ to pay For the support of any child of thc parties who is less thm~ 19 years old and is pursuing an accredited course of instruction leading to thc acquisition cfa high school diploma or/ts cquivalcnt. Liahiiity for past support shall be limited to thc pcrlod after commencement oqthc actiom (intro) A pmtyordcrcd to pay child support under this s,etlon shall pay simple intcrcst at the rate o£ 1.5% per month On any amount unpaid, commencing the first day of'lhe ~nd month alter the month in wbleh the amotmt was duc. Interest under this subsection is in lieu oF interest computed under §807.01(4), §814.05(4), or §815~05(8) and is paid to the Clerk of Court trader §767.29. The Clerk of Court shall apply all payments received for child support as follows: (a) First, to payment of child support due within thc calendar month during which thc payment is received. (b) Second, to payment o£unpmd child sopport due before thc payment is received. (c) Third, tn payment o£interest accruing or unpaid child support. DEFINITION OF INCOME; AND ASSETS--The income awdlable for child support under the standard is gross income lbr employed persons and adjusted gross income (as found on £cdeml tax forms) pkts rely depreciation (as claimed on tho tax forms) for sol£-cmployed persons. The amotmt o£assets available under thc standm-d is the amount ofreasonable earnings of'fine net market value of the asscts if the assets wm-e cash. EXHIBIT B RUC ~0 04 Ol~O~p P'~ in fact, the minor childrcn have been placed out o £the home o:f Beth A, Wachtcr on her own vo].ition due to the Lhreats to their safety. There Js an emergency sltuatien ex/sting with respcc/to the placement of thc minor children. The Petitioner desires an Order of the Court granting thc Petitioner legal custody oF thc m i.or children and primary physical placement rights, 10. The State oFWisconsin, Brown County courts have jmqsdioLion of this matter pLtrStmnt to Chapter 822, Wisconsin Statutes, .., 2004, Petitioner Oison, Kulkoski, Qa. lloway & Vescly, S,C. Attorneys lbuthe Pe'[itignc..r 416 So. Monroe Avenue P.O. Box 368 Green Bay, WI 54305-036g T¢lephonc:(920) 437-5405 Facsimile: (920) 437-5917 State Bar Code 001014713 EXHIBIT B R~ gO 04 OltOSF P'§ STATE OF WISCONSIN In re the marriage of: KENNE' ' 2 A. WACI:.[TER, Petition er, an d BETH M. WACHTER, Respondea~t. STATE OF WISCONSIN COUNTY OF BROWN CIRCUIT COURT BRANCJff AFFIDAVIT 017 PETITIONER CASE: 04-FA- '~7 BROWN COUNTY I, Kennelh A. Wachter, being first duly sworn, st:de as follows: l am the Petitioner in tile above-entitled action, which is For divorce and T reside in Brown County at 912 Abrams Street, Green Elay, Wisconsin. The parties to this action were man-ted on August 28, 1993 at P, ocky Ridge, ~'rederiek County, Maryland. Thc parties wore divorced by.judgment of the Court o£Conln~Oll Pleas of the 39th Judicial District ofPennsylvanfa - Frmnklin County m Case No. 1999-10276. The parties to fl~c above-entitled action have tile following minor children, now in affiant's contro]~ namely: DATE OF BTRqX1 Janay M. Wac]]ter i 0/17/92 RayA. Wachter 10/10/94 Within the last five (5) years, thc m/nor child lived With at lhe fbllowing address(cs): Both childre~ With the Petitioner, Kenneth A. Wachtcr at 912 Abrmns Stresh Oreen Bay, Wisconsin from July 23, 2004 to present. Both children with the Petitioner's mother, Diana Main at 5032 Lake Circle Court, Colombia, Maryland 'l?om June 18, 2004 to July 23, 2004. Both children with the Respondent from Bi~th to June 18, 2004. EXHIBIT B FIu~; 2]0 04 01]0,~ lC'* lEI ¥O'UR AFFTANT RF~QUESTS that a hcmSng be h.¢Id mid an Order cnterccl granting thc PctitJoner legal cus~:ody of thc minor childrcn and prJmaryphysical placement rights. Kem~eth A. Waohter ~Petitioner Subscribed a~d swonl to bcforc me Notary Public, Br~wn County, WI My Commission expires 05/11/08. EXHIBIT B EXHIBIT B The standard o/' living the child would have a~joyed had fl~e marriage itel ended in ammhnont, divome or legal scpa'ation. The desirabilky ~ha~ ~he custodian remain in lhc home as a fulI-fim~ parent. Thc cosl of day c~ if thc cnstodJ~m works outs{de the home casiodJal set.ices pctfon~d hy thc custodian if thc ctlstodJan r~mahas Jn thc hom~. Th~ physical and emotional health n~eds of the chi The child's educational needs. The tax consequences to each paity. Such ogmr Parlors as thc Com-~ nqay in each individual case r~/cvanl:, (l) l'n lieu of dctcm'tining chitd support payments under Sub. (am), the Court may order either or both parents to pay all amount determined by using the perem~tage standard adopted under .~767395(3)~ (2) The Court may protect and promote the best interesls of the m ~nor children by setting aside a portion o£tho child support which either pmiy is ordered to pay in a separate fund or trust for the support, education and wel£are of such children. (3) Violation o£visitatlon rights by thc custodial parents sh,nll not constitute reason for hilurc to meet child support obligations, (4) Tho Cour~ shall order cither party or both to pay for the suppm't of any child of the par;ies who is less than 19 yem:s old and is pm-string an accredited cmxrse of instruction leading to thc arq'ltl.s/lion of a high school diploma or its equivalent. (5) Liability for past support shah be limited to the period after commencement o F the action. (6) 0ntro) A parly ordered to pay child suppo;~; under tiffs scctlon shall pay simple interest at the rate o£ 1,5% per month on any amount uopaid, commencing the first day of thc 2nd month after the month in which Ibc amount was due, h~terest under this subsection is in lieu of interest computed under §807,01(4), §g14.05(4), or ~815.05(8) and is paid to thc Clerk of Court under § 767.29, The Clerk o f Com't shall apply all payments received lb 'child supper1 as fol{ows: (al First, to payment of child support due within tho calendar mmxth during which the payment is received. (b) Second, to payment of unpaid child supl)o~ due before the payment is received. (c) Third, to payment of interest accruing or tmpaid child support. DEFINITION OF INCOME AND ASSETS--The income available for eh/Id support trader the standard is gross income fbr employed persons and adjusted gross income (as formal on. federal tax rom~s) plus any dcprecmtim~ (as claimcd on the tax fom~s) for self-mnployed persons. Thc mnotmt of assets available under the standard is the amount of reasonable em~]ings of the not market va}ne of thc assets i P the assets wore cash. EXHIBIT B IN THE COURT OF COMMON PLEAS OF THE 39~ JUDICIAL DISTRICT OF PENNSYLVANIA- FRANKLIN COUN'I~ BETH M. WACHTER, : CIVIL ACTION - LAW Plaintiff, : : v. : NO. 1999 - 10276 Defend~mL : CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : Heather Carey, being duly sworn according to law, deposes and says that on October 6, 1999 she served true and attested copies of Motion to Reschedule Child Custody Conciliation Conference and Order of Court upon the Defendant, Kenneth A. Waehter, by mailing the same postage paid, at Shippensburg, Pennsylvania, addressed as follows: Mr. Kenneth Wachter P.O. Box 9253 Green Bay, WI 54308 Heather Carey Sworn to and subscribed before me ~.~]? 6a day of October, 1/99! Notary Public IN THE COURT OF COMMON PLEAS OF THE 39TM JUDICIAL DISTR/CT OF PENNSYLVANIA - FRANKLIN COUNTY BETH M. WACHTER, : Plaintiff, : KENNETH A. WACHTER, : Defendant. : CIVIL ACTION - LAW NO. 1999- 10276 CUSTODY ORDER OF COURT AND NOW, this ~7~ day of t,~.,..~.~/,/~ ,1999, after consideration of the attached Motion of Jerry A. Weigle, Esquire, Attorney for thc Plaintiff, a Child Custody Conciliation is scheduled for //~/cv¢_~,~.~__.__, .~J , 1999 at ~ /" .m., at the assigned room, Third Floor, Franklin County Courthouse, Chambersburg, Pennsylvania. By the Court, MARK* WEIGLE~ AND PERKINS -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHiPPENS~URG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF THE 39m JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BETH M. WACHTER, : Plaintiff, : KENNETH A. WACHTER, : Defendant. : CIVIL ACTION - LAW NO. 1999- 10276 CUSTODY MOTION TO RESCHEDULE CHILD CUSTODY CONCILIATION CONFERENCE AND NOW, comes Jerry A. Weigle, Esquire and Mark, Weigle and Perkins, legal counsel for the above-captioned Plaintiff and moves the Court as follows: 1. A Child Custody Conciliation scheduled for Monday, June 7, 1999, at 3:00 p.m, was continued generally until motion of either party by Order of Court dated June 4, 1999. 2. The parties have been unable to reach an amicable solution that is in the best interest of the minor children. A rescheduled date has been obtained from the Court Administrator for ,1999, at .m. 4. A previous motion to reschedule the Child Custody Conciliation Conference was filed on or about August 16, 1999 but no Conference notice was received by the party. 5. Counsel for the Petitioner and the Custody Conciliator, David W. Rahauser, Esquire are in agreement that no additional Conciliation Conference fees are due and payable under these circumstances. WHEREFORE, it is respectfully requested that an Order be entered to reschedule the Child Custody Conciliation Conference to , ,1999, at Jerry~L Wei~e, Esquire Attorney for Plaintiff 126 East King Street Shippensburg, PA 17257~-, 717-532-7385 MARK, WEIGLE AND PERKINS ~ ATTORNEYS AT LAW 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in this Motion 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. Dated: ~//7//~7 MARK, WEIGLE AND PERKINS -- ATTORNEYS AT LAW ~ 126 ~AST I~ING STREE~T -- SHIPPENSBURG, PA 172~7 13~7 IN THE COURT OF COMMON PLEAS OF THE 39T}~ JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BETH M. WACHTER, : Plaintiff, : : V. KENNETH A. WACHTER, Defendant. CIVIL ACTION - LAW NO. 1999- 10276 CUSTODY AND NOW, this ORDER OF COURT 1999, after consideration of the attached Motion of Jerry A. Weigle, Esquire, Attorney for the Plaintiff, a Child Custody Conciliation is scheduled for ~/~{g;.~D~ 'r ~ /5/ , 1999 at /0: oO ~ .m., at the assigned room, Third Floor, Franklin County Courthouse, Chambersburg, Pennsylvania. By the Court, IN THE COURT OF COMMON PLEAS OF THE 39xH JUDICIAL D/STRICT OF PENNSYLVANIA - FRANKLIN COUNTY BETH M. WACHTER, : Plaintiff, : ¥. KENNETH A. WACHTER, Defendant. CIVIL ACTION - LAW NO. 1999 - 10276 c~'~ ~ CUSTODY MOTION TO RESCHEDULE CHILD CUSTODY CONCILIATION CONFERENCE AND NOW, comes Jerry A. Weigle, Esquire and Mark, Weigle and Perkins, legal counsel for the above-captioned Plaintiff and moves the Court as follows: 1. A Child Custody Conciliation scheduled for Monday, June 7, 1999, at 3:00 p.m., was continued generally until motion of either party by Order of Court dated June 4, 1999. 2. The parties have been unable to reach an amicable solution that is in the best interest of the minor children. A rescheduled date has been obtained from the Court Administrator for , October ,1999, at .m. 4. Notification of this motion has been given to the Defendant, who is presently tmrepresented and David W. Rahauser, Custody Conciliator. WHEREFORE, it is respectfully requested that an Order be entered to reschedule the Child Custody Conciliation Conference to , October _, 1999, at .m. BY: ~. ,~MARK, WEIGLE AND ~ ~. Weig~e, quir~ Attorrfey for P}aintiff 126 East King Street Shippensburg, PA 17257 717-532-7388 -< VERIFICATION I verify that the statements made in this Motion are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated: IN THE COURT OF COMMON PLEAS OF THE 39m JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, : CIVIL ACTION - LAW Plaintiff, : v. : NO. 1999 - 10276 KENNETH A. WACHTER, : ' Defendant. : CUSTODY ORDER OF COURT ~": AND NOW, this day of ,199~, after consideration of the attached Motion of Jerry A. Weigle, Esquire, Attorney for Plaintiff, the Child Custody Conciliation Conference scheduled for Monday, June 7, 1999, at 3:00 p.m. is continued generally until motion of either party. By the Court, IN THE COURT OF COMMON PLEAS OF THE 39~ JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, : CIVIL ACTION - LAW Plaintiff, : v. · NO. 1999 - 10276 ~::~ KENNETH A. WACHTER, : , , Defendant. : CUSTODY MOTION FOR CONTINUANCE OF CHILD CUSTODY CONCILIATION CONFERI~NCE AND NOW, comes Jerry A. Weiglc, Esquire, and Mark, Wciglc and Perkins, legal counsel for the above-captioned plaintiff, and moves the Court as follows: I. A Child Custody Conciliation ConferenccisscheduledforMonday, Jane 7, 1999, g3:00 p.m. 2. The Defendant has expressed that he will be unable to attend the conference but is in agreement with the custody arrangement as stated in the temporary Court Order signed, Thursday, April 15, 1999, when the Custody Complaint was p~esented before the Court. 3. The parties feel they can reach an amicable solution that is in the best interest of the minor children. 4. Proper notification of this motion has been given to the Defendant, who has no present legal counsel, by mailing the same to him regular mail. WHEREFORE, it is respectfi~lly requested that an Order be entered to continue generally the Child Custody Conciliation Conference until motion of either party. MARK, WEIGLE AND PEP-sKINS By: / / ~t/~ p/ Attorney for Plaintiff 1I 126 East King Street [' Shippensburg, PA 17257 717-532-7388 MARK, WEIGLE AND PERKINS -- ATTORNEYS AT LAW -- 126 EAST KING STREET ~ SHIPPENSBURG, PA 17257 1397 IN THE COURT OF COMMON PLEAS OF THE 39m JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, : Plaintiff, : V. KENNETH A. WACHTER, Defendant, CIVIL ACTION - LAW NO. 1999-10276 CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : Heather Carey, being duly sworn according to law, deposes and says that on April 16,1999 she served tie and attested copies of Order of Court and Directive for Conciliation and Complaint for Custody upon the Defendant, Kenneth A. Wachter, by mailing the same both postage paid regular mail and certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Mr. Kenneth A. Wachter P.O. Box 9523 Green Bay, WI 54308 Heather Carey /~ Sworn to and subscribed before me this 26ta day of April, 1999. 3 /~ // Notat~ Public - // MARK, WEIGLE AND PERKINS ~ ATTORNEYS AT LAW ~ 126 EAST KING STREET -- SHIPpENSBURG, PA 17257 1397 IN THE COURT OF COMMON PLEAS OF THE 39Tn JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, : Plaintiff, : CIVIL ACTION - LAW v. : NO. 1999-10276 .. KENNETH A. WACHTER, : Defendant. : CUSTODY IN THE COURT OF COMMON PLEAS OF THE 39m JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, Plaintiff, KENNETH A. WACHTER, Defendant. CIVIL ACTION - LAW NO. 1999 - 10276 CUSTODY AMENDED AFFIDAVIT OF SERVICE ~ ~ COMMONWEALTH OF PENNSYLVANIA : ~ ~v- : SS. COUNTY OF CUMBERLAND : 4 7:~.~: ..~:j Jerry A. Weigle, being duly sworn according to law, deposes ~iig[.says that~n .9 Monday, April 12,1999 at approximately 1:55 p.nz, right before a sc[eddied Domestic Relations Support Conference, he served a copy of the proposed Order of Court and Directive for Conciliation and Complaint for Custody by personally handing the same to the Defendant and gave notice of presentation of said Order and Complaint on Thursday, April 15, 1999, at 8:45 mm. in a Courtroom in the Franklin County Courthouse at that time. Sworn to and subscribed before methi~ 15thdayof April, 1999. . .,~ .4 Notary Public /~/ MARK, WEIGLE AND PERKINS -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, Plaintiff Vo KENNETH A. WACHTER, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF FRANKLIN CIVIL ACTION - LAW NO. CUSTODY Jerry A. Weigle, being duly sworn according to law, deposes and says that he personally served a true and attested copy of the Complaint for Custody upon the Defendant on Monday, April 12, 1999, at the Offices of the Franklin County Domestic Relations Section m~d gave notice of presentation 0fsaid complaint on Thursday, April 15, 1999, at 8:45 a,m. in a Courtroom in the Framklin County Courthouse at that time. A.~eigle Sworn to and subscribed before me this 15th day of April, 1999 Notary Public WILLIAM IL MARK (1912-1950) JERRY A. WEIGLE DAVID P. PERK/NS Asaoc$~te JOSEPH P. RUANE MARK, WEIGLE AND PERKINS Attorneys-at-Law 126 EAST KING STREET SIIIPPENSBURG, PENNSYLVANIA 17257-1397 TELEPHONE (717) 532-7.1$S or (717) 776-4295 FAX (717):532-6552 8 April, 1999 Kenneth A. Wachter 7314 Highway 35 Florence, MO 65329 Re: Custody Dear Mr. Wachter The undersigned represents your wife, Beth M. Wachter. I will be preseming a complaint for custody of your children on, Thursday, April 15, 1999, at 8:45 a.m. in a courtroom in the Franklin County Courthouse. You have the right to be present at that time. You have the right to have an attorney present on your behalf. Regardless of whether you are present, the court will hear my presentation seeking pr/mary custody of your children on behalf of Beth M. Wachter. Very truly yours _. ~x,MARK, WEIGLE AND PERKIT~ ~rry A. Wei~le JAW/hnc Enclosure IN THE COURT OF COMMON PLEAS OF THE 39TM JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, Plaintiff, V. KENNETH A. WACHTER, Defendant. CIV/L ACTION - LAW ~ NO. qO, q I 0 · CUSTODY ~: ORDER OF COURT AND DIRECTIVE FOR CONCILIATIOI~ · ~-'~¥ Now this ~ day of ~k 1 this Order will notify Kenneth A. Wachter, Defendant, that yoh have boen sued in Court to obtain custody of the children, Janay M. Wachter, bom October 17, 1992, and Ray Alan Wachter, bom October 10, 1994. It is ordered and directed that ~'~o,~,3, MY. {~,./~.,..~.~- , Esquire the Court's Child Custody Conciliation Officer, is hereby directed to conduct a Conciliation Conference on f~"&~'l the r-14~, dayof -~ ~,~ e_ , 1999, at 7g o'clock /~ . M., at the assigned room, Third Floor, Franklin County Courthouse, Chambersburg, Pennsylvania. The anticipated length of the Conciliation Conference is one (1) hour. The parties along with their legal counsel shall appear in person at the designated time for the Conciliation Conference. A Memorandum shall be furnished to the Conciliator at least two (2) days prior to the scheduled Conciliation Conference pursuant to 39~ Judicial District Civil Rule No. 1915.3 (b)(8). Failure to provide said Memorandum may result in the imposition of sanctions. At the Conciliation conference an effort will be made to see if the issues can be resolved by an agreement between the parties. If an agreement cannot be reached, the Conciliator will assist in def'ming and narrowing the issues to reduce time required for hearing by the Court. At the conclusion of the conference, the Conciliator will prepare a Conference Summary Report for further action by the Court. You have the right to be represented by an attorney who may attend the Conciliation Conference with you. If you have not secured an attorney by the date of the scheduled Conciliation Conference, you shall nonetheless personally appear at the time scheduled for the Conciliation Conference without an attorney. The Plaintiff has deposited the sum of $100.00 with the Prothonotary for the cost of the Conciliation Conference and the Court reserves the right to further assign or divide these costs. MARK, WEIGLE AND PERKINS -- ATTORNEYS AT LAW 126 EAST KiNG STREET -- SHIPPENSBURG, PA 172571397 Kenneth A. Wachter., Defendant, is notified that if you fail to appear as provided by this Order or to bring the child, an Order of Court for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. Pending the hearing, with emphasis placed on the arrangements for the six (6) months preceding the filing of this Complaint and with particular attention paid to the role of primary caretaker, the Court hereby establishes the following temporary Order for Custody pending a hearing: legal custody in Beth M. Wachter, Plaintiff; primary physical custody in the Plaintiff, Beth M. Wachter, with l~,rio{ts of, par0al cust~t~y in the~, Defqndant, Xenneth A. Wachter~xas the plt~ties may agree. The Defendarlt is hereby notified that if he dil~putes fl~Pla~tiff's averln~nts regarding the current status of the custody arrangements and this Order entered on the basis of those averments, he has the right to request a prompt conference with the Court. If the matter of the temporary custody arrangements is not resolved at the conference, the Court may in a typical factual situations and its sole discretion schedule a brief hearing limited to the issues of determining temporary custody arrangements pending the scheduled Conciliation Conference. The parties and their legal counsel, if applicable, are hereby directed to engage in meaningful negotiations to resolve tiffs matter prior to the Conciliation Conference. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVRE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyer Referral Service MARK, WEIGLE AND PERKINS -- ATTORNEYS AT LAW -- 126 EAST KING STR[~ET -- SHIPPENSBURG, PA 17257 1397 IN THE COURT OF COMMON PLEAS OF THE 39m JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, Plaintiff, V. : KENNETH A. WACHTER, : Defendant. : CIVIL ACTION - LAW NO. CUSTODY COMPLAINT FOR CUSTODY 1. The Pla'mtiffis Beth M. Wachter, presently residing at 4170 Orrstown Road, Orrstown, Franklin County, Pennsylvania 17244. 2. The Defendant is Kenneth A. Wachter, presently receiving mail at either 7314 Highway 35, Florence, Missouri 65329 or P.O. Box 9523, Green Bay, Wiseonsin 54308, but who still considers and represents his permanent residence to be 4170 Orrstown Road, Orrstown, Franklin County, Pennsylvania 17244. 3. Plaintiff seeks custody of the following children: NAME Janay M. Wachter Ray A/an Wachter PRESENT RESIDENCE AGE 4170 Orrstown Road, Orrstown, Frk. Cty., PA 6 years 4170 Orrstown Road, Orrstown, Frk. Cty., PA 4 years The child, Janay M. Wachter, was born out of wedlock. The child, Ray Alan Wachter, was not born out of wedlock. The children are presently in the custody of Beth M. Wachter, who resides at 4170 Orrstown Road, Orrstown, Franklin County, Peunsylvanla. During the past five years, the child, Janay M. Wachter, has resided with the following persons and at the following addresses: NAME Beth and Kenneth Wachter, Warren, Austin and Betty Main ADDRESS DATE 8202 Chestnut Grove Road, Frederick, 4/92-1/96 Frederick County, Maryland Beth Wachter, Warren and 8202 Chestnut Grove Road, Frederick, Austin Main Frederick County, Maryland 1~6-5~6 Beth Wachter 4170 Orrstown Road, Orrstown, Franklin County, Pennsylvania 5/96-10/96 Beth and Kenneth Wachter Beth Wachter 4170 Orrstown Road, Orrstown, Franklin County, Pennsylvania 4170 Orrstown Road, Orrstown, Franklin County, Pennsylvania 10/96-6/98 6/98-present During the past five years, the chiM, Ray Alan Wachter, has resided with the following persons and at the following addresses: NAME Beth and Kenneth Wachter, Warren, Austin and Betty Main Beth Wachter, Warren and Austin Main Beth Wachter ADDRESS DATE 8202 Chestnut Grove Road, Frederick, 10/94-1/96 Frederick County, Maryland 8202 Chestnut Grove Road, Frederick, Frederick County, Maryland 4170 Orrstown Road, Orrstown, Franklin County, Pennsylvania 4170 Orrstown Road, Orrstown, Franklin County, Pennsylvania 4170 Orrstown Road, On,own, Franklin County, Pennsylvania 1/96-5/96 5/96-10/96 10/96-6/98 6/98-present Beth andKennethWachter Beth Waehter The mother of the children is Beth M. Wachter, currently residing at 4~70 Orrstown Road, Orrstown, Franklin County, Pennsylvania. She is married. The father of the children is Kenneth A. Wachter, currently receives mad at either 7314 Highway 35, Florence, Missouri 65329 or P.O. Box 9523, Green Bay, Wisconsin 54308, but considers and represents his permanent residence to be 4170 Orrstown Road, Orrstown, Franklin County, Pennsylvania. He is married. 4. The relationship of Plaintiffto the children is that ofmotber. The Plaintiff currently resides with the following persons: NAME Janay M. Wachter Ray Alan Wachter RELATIONSHIP daughter son 5. The relationship of Defendant to the children is that of father. The Defendant currently resides with the following persons: NAME NONE RELATIONSHIP 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. Plaintiffhas no information of a custody proceeding concerning the children pending 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 permanem welfare of the children will be served by granting the relief requested because (a) The Plaintiff has been the primary care giver of the children since birth; (b) The Defendant does not have a permanent residence in which to raise the children; and (c) The Defendant has had little physical contact with the above-referenced minor children since the date of separation and is either unable or unwilling to provide the proper parental support needed by said children at this stage in their lives. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action~ All other persons, named below, who are known to have or claim a right to custody or visitation of the children will he given notice of the pendency of this action and the right to intervene: NAME ADDRESS NO, NE BASIS OF CLAIM WHEREFORE, Plaintiffrequests the Court to grant both legal and residential custody of the minor children to the Plaintiff MARK, WEIGLE AND PERKINS B '-~D.~]e/ri'Y A.01624~Veigle' ~ttorney for ~idtiff 126 East King Street Shippensburg, PA 17257 717-532-7388 MARK, WEIGLE AND PERKINS -- ATTORNEY5 AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA ! 7257 1397 VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: Beth M. Wachter, Plaintiff IN THE COURT OF COMMON PLEAS OF THE 19T" JUDICIAL DISTRICT ~ COUNTY _ PENNSYLVANIA BETH M. WACHTER, KENNETH A. WACHTER, Defendant Plaintiff CIVIL ACTION _ LAW NO. 1999-10276 CUSTODY CERTIFICATE OF SERVICE AND NOW, this 30th day of September, 2004, I, Jerry A. Weigle, Esquire, hereby certify that I have this day served the following person with a copy of the Order Transferring Action with Petition to Transfer Custody Action Pursuant to Pa. R.C.P. 1006(d)(1) attached, by depositing same in the United States mail, first class, postage prepaid, addressed a~ follows: Lawrence G. Vesely Olson, Kulkoski, Galloway & Besely, S.C. 416 South Monroe Avenue PO Box 368 Green Bay, Wisconsin 54305 and by transmitting a copy via fax to 920-437-5917. WEIGLE & ASSOCIATEI {~.~.-2 '~. ~mg~e,, qmre ~ttomey ID #0][ 624 126 East King Street Shippensburg, PA 17257 Telephone: (717)532.7388 IN THE COURT OF COMMON PLEAS OF THEI9xa JUDICIAL DISTRICT g~i~oUNTY _ PENNSYLVANIA CO ~ a g ~4N~ CIVIL ACTION - LAW BETH M. WACHTER, Plaintiff V. KENNETH A. WACHTER, Defendant CUSTODY CERTIFICATE OF SERVICE AND NOW, 'this 21st day of September, 2004, I, Jerry A. Weigle, Esquire, hereby certify that I have this day served the following person with a copy of the Court Order with Petition. to Confirm Custody of Minor Children in Plaintiff and to Return Minor Children from Fore*gn Jurisdiction attached, by depositing same in the United States mail, first class, postage prepaid, addressed as follows: Lawrence G. Vesely Olson, Kulkoski, Galloway & Besely, S.C. 416 South Monroe Avenue PO Box 368 Green Bay, Wisconsin 54305 and by transmitting a copy via fax to 920-437-5917. WEIGLE & ASSOCIATES, P.C./~ Jer~ A.- W e~y: ?Z .... / I 7 126 East King S~eet ~ Shippensb~g, PA 17257 Telephone: (717)532-7388 IN THE COURT OF COMMON PLEAS OF THE 39m JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, Plaintiff KENNETH A. WACHTER, Defendant CIVIL ACTION - LAW iNO. 1999-10276 CUSTODY PRAECIPE TO TRANSFER RECORD TO: Linda Beard, Prothonotary Franklin County Prothonotary's Office Please transfer the record in the above captioned matter to the Court of Common Pleas of Cumberland County, Pennsylvania, pursuant to the attached Franklin County Order of Court dated September 27, 2004. Please send a statement of costs to be paid to the following address: Jerry A. Weigle, Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA WEIGLE & ASSOCIATES, P.C. ~ · 'g c[Esquire ~tt~ey I.D. #0'1~4 T~ephone: (717) 5~2-7388 IN THE COURT OF COMMON PLEAS OF THE 39T~ JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, : Plaintiff : KENNETH A. WACHTER, : Defendant . CIVIL ACTION - LAW NO. 1999-10276 CUSTODY _O. RDER TRANSFERRING ACTION ANDNOW, this ~q day°f~-~/~P.~/~ _,2004, upon consideration of Plaintiff's Petition to Transfer Pursuant to Pa. R.C.P. 1006(d)(1) and pursuant to the Court's previous Order in this proceeding of September 17, 2004, it is hereby ordered that the action is transferred to the Court of Common Pleas of Cumberland County, Pennsylvania. It is further ordered that the Prothonotary shall forward the record to the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, upon l .L~oDAttost: A TRU~ COpy L. Br~ARD, PROTHONOTARy IN THE COURT OF COMMON PLEAS OF THE 39Tn JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, : Plaintiff : KENNETH A. WACHTER, : Defendant : CIVIL ACTION - LAW NO. 1999-10276 CUSTODY PETITION TO TRANSFER CUSTODY ACTION ..P. URSUANT TO Pa. a.C.P. 1006(d)(1) AND NOW COMES, the Plaintiff, Beth M Wachter b,r ~,,a th~,,,J~. Weigle & Assoc,ates, P.C., and files the w,th,n Pet,t,on'to ~. r~f;~a;"?o~;l~;~:att° ~r~-~ Your Petitioner/Plaintiff is Beth M. Wachter, presently o£ 1351 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Your Petitioner/Plaintiff previously resided at 4170 Orrstown Road, Orrstown, Franklin County, Pennsylvania, from June 1998 until May 2003 when she moved to 35 Kost Road, Carlisle, Cumberl~ad County, Pennsylvania. Petitioner/Plaintiff has since relocated to her present address of 1351 Old Willow Mill Road, Mechanicsburg, Cumberland Connty, Pennsylvania. The Respondent/Defendant is Kenneth A. Wachter, presently of 912 Abrams Street, Green Bay, Brown County, Wisconsin 54302. The parties hereto are the natural parents o£ Janay M. Wachter, born October 17, 1992, and Ray Alan Wachter, born October 10, 1994. Your Petitioner/Plaintiff was previously awarded both legal and primary custody of the above-nmned minor children by this Court pursuant to a temporary Order of Court and Directive for Conciliation dated April 15, 1999, a copy of which is attached hereto, made a part hereof, and marked "Exhibit A." Said Order was never made permanent pursuant to conciliation or custody hearing before the Court, because the Respondent/Defendant, who at all times relevant hereto, resided and worked outside the Commonwealth o£ Pennsylvania, never appeared for scheduled conciliation conferences. Your Petitioner/Plaintiff has since moved to Cumberland County, Pennsylvania, and has resided continuously in Cumberland County, Pennsylvania since May 2003. Your Petitioner/Plaintiff has previously filed with the Court a Petition to Confirm Custody of the Said Minor Children in her and to have them returned from a foreign jurisdiction. The Respondent/Defendant does not concur with this request and has filed for custody of said children in the state of Wisconsin. 10. This Honorable Court, by Order dated September ] 7, 2004, a copy of which is attached hereto, made a part hereof, and marked "Exhibit B" has retained jurisdiction but ordered that this case be transferred to the Court of Common. Pleas of Cumberland County, Pennsylvania, which is the Court of proper venue. NOW THEREFORE, pursuant to Pa. R.C.P. 1006(d)(][), your Petitioner/Plaintiff respectfully requests the Court to transfer this custody action to the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania. Respectfully submitted: -- 4~rry A. Whgle, Esquire Attorney for Plaintiff ID No. 01624 WEIGLE & ASSOCIATES, P.C. 126 East King Street Shippensburg, PA 17257 717-532-7388 _VERIFICATION I verify that the statements made in the foregoing Petition to Transfer Custody Action are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Dated: BETH M. WACHTER THE COURT OF COMMON PLEAS OF THE 39Tn JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, · C · ML ACTION Plaintiff, : v. : NO. KENNETH A. WACHTER, : Defendant. : CUSTOD~ 'FOR CONCILI O~ER OF COURT AND DIRECTI~ Now tNs 1--K- qk % } m day of r-7 J , 1999, this Order will notify Kenneth A. Wach}er, Defendant, that you have been sued tn Court to obtatn custody of the children, Janay M. Wachter, bern October 17, 1992, and Ray Alan Wachter, born Oct~ober 10, 1994. ' : It is ordered and d/rected that Zo..u~ ~,_ [y~, I~ ~.~_~ ,Esq. U/re the Court's Child Custody Conciliation Officer, is hereby directed to conduct a Conciliation C°nfereace°n ) 9 o the.r~.+~x day°f.-~_~4x~ ,1999 at .. _g o'cloc . M., _ at the assigned room, Third Floor, Franld~ County Courthouse, Chambersburg' Permsylvahia. The anticipated length of the Conciliation Conference is one (1) houri The parties along with their legal counsel shall appear in person at the designated time for the Conciliation C0nfet6fiCe. A Memorandum shall be furnished to the Concil/ator at least two (2) da3da prior to the scheduled Conciliation Conference pursuant to 9 Judicial Dmtnct Civil Rule No. 1915.3 (b)(8). Faihire to provide said Memorandum may ~esult in the imposition of sanctions... At the Conciliation conference an effort will be made to see if the issues can be resolved by an agreement between the parties. If an agreement cannot be reached, the Conciliator will assist in defm/ng and narrowhag the issues to reduce th-ne requLred for hearing by the Court. At the conclusion of the conference, file Conciliator will prepare a Conference Summary Report for fiLrther action by the Court. You have the right to be represented bx' an attorney who may attend the Conciliation Conference with you. If you hav'e not secured an attorney by the date of the scheduled Conciliation Conference, you shall nonetheless persormlly appear at the time scheduled for the Conciliation Conference without an attorney. The Plaintiffhas deposited the sum oF$100.00 with the Prothonotary for the cost of the Conciliation Conference and the Court reserves the rigkt to further assign or divide these costs. Kermeth A. Wachter, Defendant, is notified that lfyou fail to appear as provided by this Order or to bring the child, an Order of Court for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. Pending the hearing, with emphasis placed on the.. arrangements for the six (6) months precedhng the filing ofth/s Complaint and with particular attention paid to the role of primary caretaker, the Court hereby establishes the following temporary Order for Custody pending a hearing: legal custody in Beth M. Wachter, Plairltiff, primary physical custody in the Plaintiff, Beth M. Wachter, with [~er/ods of, ial c ' r-..~Def~d~an~t,\Kenneth A. Wachtert,as the parties may aare~"'l'"~,~., ~_aI~l, ll _ ust?q~dy.m, the _~,, .~_ . TheDefenaar~is~e'rebynotifiedthatifh~s~pl~fFsaveS~ents~~ regarding the current status of the custody arrangements and this Order entered on the basis of those averments, he has the right to request a prompt conference with the Court. If the matter of the temporary custody arrangements is not resolved at the conference, the Court may in a typical factual situations and its sole discretion schedule a brief hearing limited to the issues of determining temporary custody arrangements pending the scheduled Conciliation Conference. The part/es and ihe/r legal counsel, if applicable, are hereby directed to engage in meaningfi~l negot[ations to resolve this matter prior to the Conciliation Conference. YOU SHOULD TAKE TI~S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFOi~_D ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F/X',TD OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA only) or 15 EXHIBIT A IN THE COURT OF COMMON PLEAS OF THE 39T}~ JUDICIAL DISTRICT FRANKLIN COUNTY - PENNSYLVANIA BETH M. WACHTER, : CIVIL ACTION - LAW Plaintiff : v, : NO, 199!}-10276 _. KENNETH A. WACHTER, : Defendant : CUSTOI)Y ORDER OF COURT AND NOW, this17 day ol'~at/.d2h~ petition, it is bere~y orc~ered that I ._, 2004, upon consideration of the foregoing a rule is issued upon the RespondenVDefendant to show cause why the Petitioner/Plaintiff is Bet entitled to the relief requested; the Respondent/Defendant shall file an answer to the petition within ,20.._days of this date; the petition shall be decided under 23 Pa. C.SA. §"5~H et. seq. and Pa. R.C.P. No. 206-7; argument shall be held on Franklin County Courthouse; and ,2004 in Courtroom __ of the 5. notice of the entry et'this order shall be provided to all parties by the Petitioner/Plaintiff. BY THE COURT: KXH[BIT BETH M. WACHTER, Plaintiff/Petitioner KENNETH A. WACHTER, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 04-5063 CIVIL TERM : IN CUSTODY ANSWER TO PETITION TO CONFIRM CUSTODY OF MINOR CHILDREN IN PLAINTIFF AND TO RETURN MINOR CHILDREN FROM FOREIGN JURISDICTION AND NOW comes Defendant/Respondent, Kenneth A. Wachter, by and through his attorney of record, Marylou Matas, Esquire, and Answers Plaintiff/Petitioner's Petitions as follows: 1. Admitted. 2. Admitted. 3. Admitted. Admitted in part, denied in part. It is admitted that said Order was never made permanent pursuant to conciliation or custody hearing before the Court. It is admitted that Respondent/Defendant resided and worked omside of the Commonwealth of Pennsylvania. It is denied that said Order was never made permanent because Respondent/Defendant never appeared for scheduled conciliation conferences. Rather, said conciliation conference was continued and rescheduled by Petition and Order several times. o o Admitted. Admitted. By way of further response, Respondent/Defendant believes and, therefore, avers that Petitioner/Plaintiff had serious concerns about the manner the live-in boyfriend was treating the children during the summer months of 2004 as well. Admitted. Admitted in part, denied in part. It is admitted that on or about July 21, 2004, Petitioner/Plaintiff consented to let Respondent/Defendant remove said minor children to his home in Green Bay, Wisconsin. It is denied that it was Respondent/Defendant's express understanding that the children would be returned to Petitioner/Plaintiff in Pennsylvania, when Petitioner/Plaintiff established a new residence. Admitted in part, denied in part. It is admitted that Petitioner/Plaintiff has a new residence. It is admitted that Respondent/Defendant refuses to return the children. It is admitted that Respondent/Defendant has enrolled the children in school in the state of Wisconsin and has begun a custody proceeding irt that state. It is denied that the home in which Petitioner/Plaintiff resides in is more .suitable to accommodate herself and her minor children. Specific proof thereof is demanded at trial. 10. Admitted. 11. Admitted. WHEREFORE, Respondent/Defendant requests your Honorable Court Petitioner/PlaintiWs request that the minor children be returned immediately to her. to deny Respectfully submitted, Ma~atas, l~qm~rd Attorney for Defendant/Respondent GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I, Marylou Matas, Esquire, counsel for KENNETH WACHTER, hereby swear and affirm that the facts set forth in this document are true and correct to the best of my knowledge, information, and belief. I have sufficient knowledge or in[formation and belief as to the averments stated in these pleadings, based upon my personal knowledge and information obtained from my client. This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. ate: itas,-Esquire ~' BETH M. WACHTER, Plaintiff/Petitioner KENNETH A. WACHTER, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 04-5063 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, hereby certify that I did, the 1{~J~x day of November, 2004, cause a copy of Defendant/Respondent's Answer to Plaintiff/Petitioner's Petition to Confirm Custody of Minor Children in Plaintiff to Return Minor Children from Foreign Jurisdiction to be served upon Plaintiff/Petitioner's attorney of record first class mail, postage prepaid at the following address: Jerry A. Weigle, Esquire Weigle & Associates, PC 126 East King Street Shippensburg, PA 17257 Mary~:m~I~atas, E~quire Attorney j~r Defendant/Respondent GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552