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HomeMy WebLinkAbout05-1411VICTORIA M. ESHENOUR, Plaintiff V. DANIEL A. ESHENOUR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005 -N I I CIVIL IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. 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 a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 (717) 249-3166 VICTORIA M. ESHENOUR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DANIEL A. ESHENOUR, : NO. 2005 - CIVIL Defendant : IN DIVORCE COMPLAINT UNDER SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Victoria M. Eshenour, an adult individual who currently resides at 24 North High Street, Newville, Cumberland County, Pennsylvania 17241-1109. 2. Defendant is Daniel A. Eshenour, an adult individual who currently resides at 30 Timber Lane, Newville, Cumberland County, Pennsylvania 17241-8607. 3. Plaintiff and Defendant have been a bonafide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 25, 1991 in Carlisle, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. S erer, Esquire Attorney for Plaintiff I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Victoria M. Eshenour maslOomestic%Eshenourldivorce. comp VICTORIA M. ESHENOUR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DANIEL A. ESHENOUR, : NO. 2005 - CIVIL Defendant : IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. 1 Date: March 2005 t .GC" ?Ya (V Victoria M. Eshenour ?`?/ ,..._,- ?, ?-; ?-a c; ;, __a 4 ?.,' ? r ?, ?_ ? ? _,., .? ,;', ,.. w S' 1 l VICTORIA M. ESHENOUR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLV V. : CIVIL ACTION - LAW DANIEL A. ESHENOUR, : NO. 2005 - 1411 CIVIL Defendant : IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, on this the ..a day of March, 2005, I, Daniel A.' Defendant, hereby accept service of the Complaint in Divorce filed in the pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and Complaint. r, above-named action copy of said Eshenour i. . It <Z t` VICTORIA M. ESHENOUR, Plaintiff V. DANIEL A. ESHENOUR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005 - 1411 CIVIL IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, is made this 4*1 day of July, 2005 by and between Victoria M. Eshenour, of Cumberland County, Pennsylvania, and Daniel A. Eshenour, of Cumberland County, Pennsylvania. 1. Victoria M. Eshenour ("Wife") currently resides at 24 North High Street, Newville, Cumberland County, Pennsylvania 17241-1109 and Daniel A. Eshenour ("Husband") currently resides at 30 Timber Lane, Newville, Cumberland County, Pennsylvania 17241-8607; and, 3. A divorce action was filed in this matter on Wednesday, March 16, 2005 in Carlisle, Cumberland County, Pennsylvania; and, 4. Husband agrees to transfer or rollover into a qualified account for Wife, a sum of Fifty-One Thousand Two Hundred Dollars ($51,200.00) from his retirement plan through his employer at the Mechanicsburg Naval Depot; and, 5. The parties waive any further claims against each other including claims for equitable distribution and alimony. IN WITNESS WHEREOF, the parties hereto set their hands and seals. WITNESS: 0 V Victoria M. Eshenour J Danie A. s enour J J " i.7 CD Ca VICTORIA M. ESHENOUR, Plaintiff V. DANIEL A. ESHENOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-1411 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Defendant signed an Acceptance Of Service form on March 23, 2005. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301(c) of the divorce code: by the plaintiff June 30, 2005 by the defendant July 1 2005 (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the divorce code N/A (2) Date of service of the plaintiffs affidavit upon the defendant 4. Related claims pending NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: July 20 2005 Date defendant's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: July 20 2005 Mic ae A. Scherer, Esquire Attorney for Plaintiff, Victoria M. Eshenour L ? ^-? C) %.=s -- t_w -:I --! ? `? -t ? 3 -?, i?, ?a ?_i- _ _ _..?. -r ?_ --?ri -! _ i ?? ?1;? VICTORIA M. ESHENOUR, Plaintiff V. DANIEL A. ESHENOUR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2005 - 1411 CIVIL IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE A complaint in divorce under Section 3301(C) of the Divorce Code was filed on March 16, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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.S. Section 4904 relating to unsworn falsification to authorities. Date: June, 2005 Victoria M. Eshenour - T17 , = i 7-I VICTORIA M. ESHENOUR, Plaintiff V. DANIEL A. ESHENOUR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005 - 1411 CIVIL IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C;) of the Divorce Code was filed on March 16, 2005. 2. Defendant acknowledges receipt and accepted service of the Complaint on March 30, 2005. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require ^c'!nseling I do not request that the ^,oUrt re-U;re counseling. 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.S. Section 4904 relating to unsworn falsification to authorities. 1Q1y Date: f f 12005 Daniel A. Eshenour (`l N _ C r ? ? _ ' CJ9 7'i C ' C`'" ? -?-'Ti ?'. ?. ___ . _ t .I' fir, '? ... ' (-- . • .? ?-? L 1 1 _--i __ A_? 1 '^ ?... r, ""'7 ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. VICTORIA M. ESHENOUR, PLAINTIFF No. 2005-1411 CIVIL VERSUS DANIEL A. ESHENOUR, DEFENDANT DECREE IN DIVORCE AND NOW, ZOgS?, IT IS ORDERED AND VICTORIA M. ESHENOUR DECREED THAT AND DANIEL A. ESHENOUR ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED JULY 19, 2005 IS INCORPORATED BUT NOT MERGED HEREIN AS A FINAL ORDER OF COURT. BY THE COURT: ATT J. PROTHONOTARY -? t, awr?lo .91 -k VICTORIA M. ESHENOUR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DANIEL A. ESHENOUR, : NO. 2005 - 1411 CIVIL Defendant : IN DIVORCE CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day of July, 2005, by and between Victoria M. Eshenour (hereinafter referred to as "Mother") and Daniel A. Eshenour (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of the children, Isaac D. Eshenour, born January 16, 1998, Jacob A. Eshenour, born September 4, 1999 and Adam C. Eshenour, born September 29, 2000 (hereinafter referred to as 'children"); and, WHEREAS, the parties are separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody of children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. Mother and Father shall have shared legal custody of the children. 2. The parties shall share physical custody of the children as follows. During the school year: (A) Mother shall have physical custody of children on Sundays from 5:30 p.m. (except every 3rd Sunday of each month when she shall receive them at 8:30 a.m.) through Thursday at noon. (B) Father shall have physical custody of children on Thursdays at noon through Sundays at 5:30 p.m. ( except every 3rd Sunday of each month when Mother receives the children at 8:30 a.m.). During the children's summer vacation: Beginning the first full week that the children have vacation from school, the parties will share physical custody on an alternating weekly schedule. During Mother's week of physical custody, Father will have children one evening from the time he returns home from work until 9:00 p.m. and also Friday from 8:30 a.m. until 5:00 p.m. when Mother is at work. On Father's week of custody, Father will drop children off at Mother's home on Mother's two days off of work and will pick children up at the conclusion of Father's work day at approximately 5:00 p.m. 3. On Thanksgiving, Christmas, Easter and the children's birthdays, each party will be entitled to spend one-half of the day with children and the children shall be exchanged at 2:00 p.m. 4. Each party shall be entitled to a one week, uninterrupted vacation with the children each year. 5. The parties shall not do anything which may estrange Children from the other parties, or injure the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. s . The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the minor child and shall retain jurisdiction should circumstances change and any party desires or requires modification of said Order. 7. The parties acknowledge that they have read and understand the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: J?A 14 .411 hAll / Victoria M. Eshenour Daniel A. Es enour maslDomesticlEshenourlcustody.stp CJ ? O ^Cl `O C) <7 VICTORIA M. ESHENOUR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DANIEL A. ESHENOUR, : NO. 2005 - 1411 CIVIL Defendant : IN DIVORCE COMPLAINT FOR CUSTODY 1. Plaintiff is Victoria M. Eshenour, an adult individual, residing at 24 North High Street, Newville, Cumberland County, Pennsylvania 17241-1109. 2. Defendant is Daniel A. Eshenour, an adult individual, residing at 30 Timber Lane, Newville, Cumberland County, Pennsylvania 17241-8607. 3. The parties are the parents of three minor children; namely, Isaac D. Eshenour, born January 16, 1998, Jacob A. Eshenour, born September 4, 1999 and Adam C. Eshenour, born September 29, 2000. The children were born in wedlock. The children are presently in the custody of Plaintiff at 24 North High Street, Newville, Cumberland County, Pennsylvania 17241-1109. During the past five years, the children have resided with the following persons at the following addresses: Persons Victoria M. Eshenour Victoria M. Eshenour Daniel A. Eshenour Residences 24 North High Street Newville, Pennsylvania 30 Timber Lane Newville, Pennsylvania Dates September 2004 to Present 1995 to September, 2004 The natural father of the children is Daniel A. Eshenour, residing at 30 Timber Lane, Newville, Cumberland County, Pennsylvania 17241-8607. He is married to the Plaintiff. The natural mother of the children Victoria M. Eshenour, residing at 24 North High Street, Newville, Cumberland County, Pennsylvania 17241-1109. She is married to the Defendant. 4. The relationship of the Plaintiff to the children is that of natural mother. The plaintiff currently resides with the following persons: Names Relationship Isaac D. Eshenour Son Jacob A.Eshenour Son Adam C.Eshenour Son 5. The relationship of the Defendant to the child is that of natural father. The defendant currently resides with the following persons: Names Relationship 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect to the child. 7. 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 be given notice of the pendency of this action and the right to intervene. NONE. WHEREFORE, Plaintiff requests your Honorable Court to grant her shared legal and shared physical custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER kL Michael A. Scherer, Esquire LID. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 maslDomestic%Eshenourlcustody.comp VICTORIA M. ESHENOUR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DANIEL A. ESHENOUR, : NO. 2005 - 1411 CIVIL Defendant : IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: July, 2005 Victoria M. Eshenour N ?k "C 4 O v r. M1? G7 V? C- N -f] W C:) {) -n m L -f1 rn RECEIVED AUG 15 1005 VICTORIA M. ESHENOUR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DANIEL A. ESHENOUR, : NO. 2005 - 1411 CIVIL Defendant : IN DIVORCE ORDER OF COURT AND NOW, this 6G' day of a..?wy 2005, the Court adopts the following Stipulation and Agreement as an Order of Court, with respect to the following children: Isaac D. Eshenour, born January 16, 1998, Jacob A. Eshenour, born September 4, 1999 and Adam C. Eshenour, born September 29, 2000 (hereinafter referred to as "Children"). 1. Mother and Father shall have shared legal custody of the children. 2. The parties shall share physical custody of the children as follows. During the school year: (A) Mother shall have physical custody of children on Sundays from 5:30 p.m. (except every 3rd Sunday of each month when she shall receive them at 8:30 a.m.) through Thursday at noon. (B) Father shall have physical custody of children on Thursdays at noon through Sundays at 5:30 p.m. ( except every 3rd Sunday of each month when Mother receives the children at 8:30 a.m.). During the childrens' summer vacation: Beginning the first full week that the children have vacation from school, the parties will share physical custody on an alternating weekly schedule. During Mother's week of physical custody, Father will have children one evening from the time i Cl- Q o N U when Mother is at work. On Father's week of custody, Father will drop children off at Mother's home on Mother's two days off of work and will pick children up at the conclusion of Father's work day at approximately 5:00 p.m. 3. On Thanksgiving, Christmas, Easter and the children's birthdays, each party will be entitled to spend one-half of the day with children and the children shall be exchanged at 2:00 p.m. 4. Each party shall be entitled to a one week, uninterrupted vacation with the children each year. 5. The parties shall not do anything which may estrange Children from the other parties, or injure the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. 6. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the minor child and shall retain jurisdiction should circumstances change and any party desires or requires modification of said Order. 7. The parties acknowledge that they have read and understand the provisions of this Agreement. BY THE COURT, V r'00 VICTORIA M. ESHENOUR, Plaintiff V. DANIEL A. ESHENOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-1411 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE REQUEST FOR ORDER TO DISTRIBUTE THRIFT SAVINGS PLAN WHEREAS, the parties signed a Marital Settlement Agreement dated July 19, 2005 which provides that husband shall transfer from his retirement account the sum of $51,200.00. The Agreement is attached hereto as "Exhibit A." WHEREAS, the parties are formerly husband and wife and were divorced by this Honorable Court on July 27, 2005. THEREFORE, to carry out the terms of the July 19, 2005 Agreement, the Court enters the following: ORDER OF COURT TO DISTRIBUTE THRIFT SAVINGS PLAN Payee: Victoria M. Weiksner, formerly Victoria M. Eshenour Payee Address: 24 North High Street, Newville, PA 17241 Payee S.S. #: 176-52-8235 The Payee is awarded fifty-one thousand two hundred ($51,200.00) dollars from the Participant's Civilian Thrift Savings Plan. Participant: Daniel A. Eshenour Participant Address: 32 Timber Lane, Newville, PA 17241 Participant S.S. # : 169-58-9184 ?= :.-, ?; <: , Earnings will be paid on the amount of the entitlement under this Order until payment is made. This Order is entered on the day of April, 2006. BY THE COURT, Kevin A. Hess, J. ow cot LP7F7b 11: 23 f ? I 7172495755 VICTORIA M. ESHENOUR, Plaintiff V. OBS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PAGE 02 DANIEL A. ESHENOUR, : NO. 2005 - 1411 CIVIL Defendant : IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, is made this ? day of July, 2005 by and between Victoria h4. i Eshenour, of Cumberland County, Pennsylvania, and Daniel A. Eshenour, of Cumberland County, Pennsylvania. 1. Victoria M. Eshenour ("Wife") currently resides at 24 North High Street, Newvi le, Cumberland County, Pennsylvania 17241-1109 and Daniel A. Eshenour ("Husband") currently resides at 30 Timber Lane, Newville, Cumberland County, Pennsylvania 17241-8607; and, 3, A divorce action was filed in this matter on Wednesday, March 16, 2005 in Carlisle, Cumberland County, Pennsylvania; and, 4. Husband agrees to transfer or rollover into a qualified account for Wife, a sum of Fifty-One Thousand Two Hundred Dollars ($51,200.00) from his retirement plan through his employer at the Mechanicsburg Naval Depot; and, 5. The parties waive any further claims against each other including claims for equitable distribution and alimony. IN WITNESS WHEREOF, the parties hereto set their hands and seals. WITNESS: '.I 0 a EXHIBIT "A" v? 'n irn .`r VICTORIA M. ESHENOUR, Plaintiff VS. DANIEL A. ESHENOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIO -LAW NO. 05-1411 CIVIL IN RE: REOUEST FOR ORDER TO DISTRIBUTE THRIFT SAVINGS PLAN ORDER AND NOW, this 2 day of April, 2006, a rule is issued on the defendant to show cause why the request for order to distribute thrift savings plan should not be granted. This rule returnable twenty (20) days from date of service. BY THE COURT, evi Hess, J. e "?, VICTORIA M. (ESHENOUR) WEIKSNER, Plaintiff V. DANIEL A. ESHENOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-1411 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW, comes Michael A. Scherer, Esquire, attorney for Victoria M. Weiksner, formerly Victoria M. Eshenour, and respectfully represents as follows: 1. Undersigned counsel previously submitted a proposed Order of Court requesting that this Honorable Court distribute monies from Daniel A. Eshenour's Thrift Savings Plan into an account in Victoria M. Weiksner's name. 2. This Honorable Court issued a Rule dated April 26, 2006 upon Daniel Eshenour to show cause why the request for the order to distribute Thrift Savings Plan should not be granted. 3. Attached hereto are the original Consents to distribute the Thrift Savings Plan funds signed by Victoria Weiksner and Daniel Eshenour, in reply to the Rule issued by the Court and in furtherance of their Marital Settlement Agreement dated July 19, 2005. WHEREFORE, undersigned counsel respectfully requests this Honorable Court sign the attached Order distributing $51,200.00 from Husband's Thrift Savings Plan into an account in the name of Victoria M. Weiksner. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire Attorney for Plaintiff I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VICTORIA M. (ESHENOUR) WEIKSNER, Plaintiff V. DANIEL A. ESHENOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-1411 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CONSENT TO DISTRIBUTE THRIFT SAVINGS PLAN FUNDS I, Daniel A. Eshenour, Defendant in the above-captioned matter, and former spouse of Victoria M. Eshenour, hereby agree to the transfer from my Thrift Savings Plan the sum of Fifty-One Thousand Two Hundred Dollars and 00/100 ($51,200.00) into an account in the name of my former wife, Victoria M. Eshenour (now Victoria M. Weiksner), to carry out the terms of our Marital Settlement Agreement dated July 19, 2005. IN WITNESS WHEREOF, the parties hereto set their hands and seals. WITNESS: Date: May, 2006 Daniel A. Eshenour VICTORIA M. (ESHENOUR) WEIKSNER, Plaintiff V. DANIEL A. ESHENOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-1411 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CONSENT TO DISTRIBUTE THRIFT SAVINGS PLAN FUNDS I, Victoria M. Weiksner, Plaintiff in the above-captioned matter, and former spouse of Daniel A. Eshenour, hereby agree to the transfer of the sum of Fifty-One Thousand Two Hundred Dollars and 00/100 ($51,200.00) from the account of my former spouse, Daniel A. Eshenour into the account in my name, Victoria M. Weiksner, to carry out the terms of our Marital Settlement Agreement dated July 19, 2005. IN WITNESS WHEREOF, the parties hereto set their hands and seals. WITNESS: Victoria M. Weiksner Date: May AD , 2006 VICTORIA M. (ESHENOUR) WEIKSNER, Plaintiff V. DANIEL A. ESHENOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-1411 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on May 19, 2006, I, Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Petition to Make Rule Absolute, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Daniel A. Eshenour 30 Timber Lane Newville, Pennsylvania 17241-8706 yMichael A. Scherer, Esquire Attorney for Plaintiff C" 0 y MAY 2 3 2006 J VICTORIA M. ESHENOUR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-1411 CIVIL TERM DANIEL A. ESHENOUR, CIVIL ACTION-LAW Defendant IN DIVORCE ORDER OF COURT TO DISTRIBUTE THRIFT SAVINGS PLAN Payee: Victoria M. Weiksner, formerly Victoria M. Eshenour Payee Address: 24 North High Street, Newville, PA 17241 Payee S.S. #: 176-52-8235 The Payee is awarded Fifty-One Thousand Two Hundred Dollars ($51,200.00) from the Participant's Civilian Thrift Savings Plan. Participant: Daniel A. Eshenour Participant Address: 32 Timber Lane, Newville, PA 17241 Participant S.S. #: 169-58-9184 Earnings will be paid on the amount of the entitlement under this Order until payment is made. This Order is entered on the z r day of May, 2006. BY THE COURT, vin A. Hess, J. V ?Z :01 HIJ SZ PAI9001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICTORIA M. WEIKSNER, Plaintiff VS. DANIEL A. ESHENOUR, Defendant No. 2005-1411 IN DIVORCE CIVIL ACTION - LAW 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 served, 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. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 KNIGHT & ASSOCIATES P.C. J32-? 5 Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICTORIA M. WEIKSNER, Plaintiff : vs. DANIEL A. ESHENOUR, Defendant No. 2005-1411 IN DIVORCE CIVIL ACTION - LAW PETITION TO MODIFY CUSTODY AND NOW, this 1W day of 008, comes the Petitioner, Daniel A. Eshenour, by and through his attorneys, Knight & Associates, P.C., and files the following Petition to Modify Custody and in support thereof avers as follows: 1. The Petitioner is Daniel A. Eshenour, an adult individual residing at 30 Timber Lane, Newville, Pennsylvania 17241. 2. The Respondent is Victoria M. Eshenour, now Victoria M. Weiksner, an adult individual residing at 21 North High Street, Newville, Pennsylvania 17241. 3. Petitioner seeks a modification of the Order of Court dated August 16, 2005, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A." 4. Petitioner is the natural father of the following minor children: Name Present Residence AAee Issac D. Eshenour 30 Timber Lane, Newville, Pennsylvania 17241 10 21 North High Street, Newville, Pennsylvania 17241 Jacob A. Eshenour 30 Timber Lane, Newville, Pennsylvania 17241 9 21 North High Street, Newville, Pennsylvania 17241 Adam C. Eshenour 30 Timber Lane, Newville, Pennsylvania 17241 7 21 North High Street, Newville, Pennsylvania 17241 The minor children were not born out of wedlock. The minor children are presently in the shared physical custody of Petitioner and Respondent. During the past five years the children have resided with Petitioner Sunday evening through Thursday at noon at his current address and with Respondent Thursday at noon through Sunday evening at her current address. During summer vacation they have resided with the parties at their current addresses with a week on/week off rotation. The mother of the minor children is the Respondent, Victoria M. Weiksner, who resides at 21 North High Street, Newville, Pennsylvania. The father of the minor children is the Petitioner, who resides at 30 Timber Lane, Newville, Pennsylvania. 5. The relationship of Petitioner to the minor children is that of natural father. He is unmarried and resides with the minor children. 6. The relationship of Respondent to the minor children is that of natural mother. Respondent is divorced and it is unknown with whom she resides other than the minor children. 7. The Petitioner has previously participated in litigation concerning custody of the above-named children in this Court at the above-referenced docket. An Order of Court was entered on August 16, 2005. Said Order is cited in Paragraph 3 above and is attached hereto as Exhibit "A" and by reference incorporated herein. The Petitioner has no knowledge of any custody proceedings concerning the custody of the minor children pending before this or any other Court. The Petitioner does not know of a person not a party to the proceedings who has physical custody of the minor children or claims to have custody or visitation rights with respect to them. 8. Petitioner requests the attached Custody Agreement be made an Order of Court. 9. Each parent whose parental rights to the minor children have not been terminated and the person who has physical custody of the minor children have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the minor children. 10. The best interests and permanent welfare of the minor children will be met if the custody order is modified as requested because: a) The parties have agreed to the modification attached as Exhibit "B". b) The parties are fit parents who can take care of the minor children; C) The parties can provide the minor children with a home with adequate moral, emotional and physical surroundings as required to meet their needs; d) The parties are and have always been, willing to accept shared custody of the minor children; e) The parties continue to exercise parental duties and responsibilities and enjoys the love and affection of the minor children; and f) The parties' Agreement is in the best interest of the minor children. 11. To the best of Petitioner's knowledge, Respondent is unrepresented in this matter. WHEREFORE, the Petitioner respectfully requests Your Honorable Court modify the Custody Order dated August 16, 2005, as requested. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICTORIA M. WEIKSNER, Plaintiff VS. DANIEL A. ESHENOUR, Defendant No. 2005-1411 IN DIVORCE CIVIL ACTION - LAW VERIFICATION I verify that the statements made in the foregoing Petition to modify 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. Section 4904, relating to unsworn falsification to authorities. aniel A. shenour Exhibit "A" Fr- - VICTORIA M. ESHENOUR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DANIEL A. ESHENOUR, : NO. 2005 -1411 CIVIL Defendant : IN DIVORCE ORDER OF COURT AND NOW, this day of 2005, the Court adopts the following Stipulation and Agreement as an order of Court, with respect to the following children: Isaac D. Eshenour, born January 16, 1998, Jacob A. Eshenour, born September 4, 1999 and Adam C. Eshenour, born September 29, 2000 (hereinafter referred to as "Children"). Mother and Father shall have shared legal custody of the children. The parties shall share physical custody of the children as follows. During the school year: (A) Mother shall have physical custody of children on Sundays from 5:30 p.m. (except every 3rd Sunday of each month when she shall receive them at 8:30 a.m.) through Thursday at noon. (B) Father shall have physical custody of children on Thursdays at noon through Sundays at 5:30 p.m. ( except every 3rd Sunday of each month when Mother receives the children at 8:30 a.m.). During the childrens' summer vacation: Beginning the first full week that the children have vacation from school, the parties will share physical custody on an alternating weekly schedule. During Mother's week of physical custody, Father will have children one evening from the time F when Mother is at work. On Father's week of custody, Father will drop children off at Mothers home on Mother's two days off of work and will pick children up at the conclusion of Father's work day at approximately 5:00 p.m. D On Thanksgiving, Christmas, Easter and the children's birthdays, each party will be entitled to spend one-half of the day with children and the children shall be exchanged at 2:00 p.m. 4. Each party shall be entitled to a one week, uninterrupted vacation with the children each year. 5. The parties shall not do anything which may estrange Children from the other parties, or injure the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. 6. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the minor child and shall retain jurisdiction should circumstances change and any party desires or requires modification of said Order. 7. The parties acknowledge that they have read and understand the provisions of this Agreement. .,.,j: CONY r r-tvivi r. f.ea0many whereof, l here unto sit my $.n "d of said cowl at cam. P -3 Ld&Y BY THE COURT, (4. A q J. 7. Exhibit "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICTORIA M. WEIKSNER, No. 2005-1411 Plaintiff IN DIVORCE VS. DANIEL A. ESHENOUR, CIVIL ACTION - LAW Defendant CUSTODY AGREEMENT THIS AGREEMENT, made this 2 day of , 2008, by and between j-- VICTORIA M. ESHENOUR, now known as VICTORIA M. WEIKSNER, of 21 North High Street, Newville, Cumberland County, Pennsylvania, hereinafter referred to as "Mother," and DANIEL A. ESHENOUR, of 30 Timber Lane, Newville, Cumberland County, Pennsylvania, hereinafter referred to as "Father", or collectively referred to as "the Parties." WHEREAS, the parties desire to provide for the custody and support of their minor children, Issac D. Eshenour, born January 16, 1998, Jacob A. Eshenour, born September 4, 1999 and Adam C. Eshenour, born September 29, 2000, hereinafter collectively referred to as "the children"; NOW, THEREFORE, the Parties, in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree to have 50/50 custody as follows: 1. Mother and Father shall share legal custody of the children. 2. Mother and Father shall share physical custody of the children with each party having F:\U-Fol&fft- D-\Cli-i Fdl \4145-I D-1 E?h-k sagt. Td Page 1 of 4 an equal number of overnight custodial periods per year as follows: a) During the school year: 1) Mother shall have physical custody of the children each Sunday from 5:30 p.m. until Thursday at 12:00 noon, except for the third Wednesday evening as referenced in paragraph 2(a)(3) below; 2) Mother shall have physical custody of the children on the third Sunday of the month; 3) Father shall have physical custody of the children each Thursday at noon until Sunday at 5:30 p.m.; 4) Father shall have physical custody of the children the third Wednesday of each month from 5:00 p.m. until 8:30 p.m. b) During the summer: 1) Beginning the first full week after school breaks for summer recess, the parties shall share physical custody with a week on/week off rotation. 2) Father shall have a period of physical custody of the children each Tuesday from the time Mother goes to work until the conclusion of Mother's workday at 5:00 p.m. 3) Father shall have a period of physical custody of the children overnight each Thursday of Mother's week of custody from the time Mother goes to work until the conclusion of Mother's workday on Friday at 5:00 p.m. FAUs FoldaTirm Dtrs\ i File \4145-1 Daniel E9hrno \=.agt.wpd Page 2 of 4 4) In the event Mother chooses to work Saturday during her week of custody, Father shall have a period of custody from 8:30 a.m. until the conclusion of her workday. 5) Mother shall have a period of physical custody of the children Monday and Wednesday of Father's week of custody from beginning of Father's workday until the conclusion of Father's workday at approximately 5:00 p.m. 3. Father shall have a period of physical custody of the children on the first, second and fourth Sunday of each month in order to take the children to church. During Mother's weeks of custody he will pick the children up at 9:00 a.m. and return them following the Sunday morning church service at approximately 1:00 p.m. 4. The parties agree to split the following holidays: Thanksgiving, Christmas, Easter, and the children's birthdays, with Father having the children in even numbered years from the evening prior to the holiday at 5:30 p.m. until 2:00 p.m. on the holiday. Mother shall have the children on these holidays in odd numbered years from the evening prior to the holiday at 5:30 p.m. until 2:00 p.m. on the holiday. 5. The parties agree to split the following holidays: New Years Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Labor Day and Columbus Day, with Father having custody of the children from 8:00 a.m. to 5:30 p.m. in even numbered years and Mother having custody of the children from 8:00 a.m. to 5:30 p.m. in odd numbered years. 6. Mother shall have custody of the children on Mothers Day from 8:00 a.m. to 5:30 p.m. Father shall have custody of the children on Fathers Day from 8:00 a.m. to 5:30 p.m. F \Us Folder\Firm Does\Cli=U Fila\4145-1 Did Eehmour\c-agr.%pd Page 3 of 4 7. Each party agrees to keep the other apprised of any and all matters relating to the children's health, education, welfare, and activities. Each party shall be responsible for the day-to-day decisions while he or she has custody of the children. Neither Party has the right to make a unilateral decision regarding medical treatment (other than emergency treatment). It is agreed between the Parties that any decisions regarding medical treatment (other than emergency treatment) to be rendered to the children will be made jointly. 9. The Parties may agree to modify this schedule without the necessity of a Court Order. It is specifically agreed between the Parties that visitation shall be as reasonable as possible under the circumstances. IN WITNESS WHEREOF, the Parties have set their hands and seals the day and year first above written. WITNESSED BY: A/. zzl?_ ??? (SEAL) Victoria M. Weiksner (SEAL Daniel A. Eshenour FAUw FolderTirm DmslChmts He W45-1 D-1 Esb-ue-agt-pd Page 4 of 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICTORIA M. WEIKSNER, Plaintiff vs. DANIEL A. ESHENOUR, Defendant No. 2005-1411 IN DIVORCE CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this Z= day o 008, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following with a copy of the foregoing Petition to Modify Custody by Certified, Restricted Delivery, Return Receipt Requested United States Mail, addressed as follows: Victoria M. Weiksner 21 North High Street Newville, Pennsylvania 17241 Respondent Respectfully submitted, KNIGHT & ASSOCIATES, P. SC - .3 Sean M. Shultz, Esquire / Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Petitioner C, 3 SIT:, 94 •-- ? rs`r fit.. s ,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICTORIA M. ESHENOUR, Plaintiff vs. DANIEL A. ESHENOUR, Defendant No. 2005-1411 IN DIVORCE CIVIL ACTION - LAW PRAECWE Date: September 23, 2008 Respectfully submitted, KNIGHT & ASSOCIATES-P.C. `-Sean M. Shultz, Esquire ?--? Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Defendant TO THE PROTHONOTARY: Please change the Plaintiff's name to her married name, Victoria M. Weiksner in the above- captioned matter. FAUser FolderWinn Docs\Cliems FilesW 145-1 Daniel Eslenou"ecipe.l .wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICTORIA M. ESHENOUR, No. 2005-1411 Plaintiff IN DIVORCE VS. : DANIEL A. ESHENOUR, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE AND NOW, this 2qii'day ofW008, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following with a copy of the foregoing Praecipe by Certified, Restricted Delivery, Return Receipt Requested United States Mail, addressed as follows: Victoria M. Weiksner 21 North High Street Newville, Pennsylvania 17241 Plaintiff Respectfully submitted, KNIGHT & ASSOCIATES, P.C. a, -14 3< Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Petitioner ?1 ?"} ? ..? ' -T ? ? ?? ? ? , -til{ : 1 ? ?7 ? ? t i? ??-? ? . l . ?` -) ?! (i ?,? ?? Sr") 3 0 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICTORIA M. WEIKSNER, No. 2005-1411 Plaintiff IN DIVORCE VS. : DANIEL A. ESHENOUR, CIVIL ACTION - LAW Defendant ORDER OF COURT AND NOW, this 20 day of 2008, upon consideration of the attached Petition to Modify Custody, it is hereby ordered that the attached Custody Agreement dated August 25, 2008, is hereby approved and entered as an Order of Court. ail cza .:., u CD 1 ? J it 1010AFR-5 AN h: 12 Sheri D. Coover, Esquire Attorney for Plaintiff Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) VICTORIA M. WEIKSNER, Plaintiff V. DANIEL A. ESHENOUR, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-1411 DEFENDANT'S PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Defendant, Daniel Andrew Eshenour, by and through his attorney, Sheri D. Coover, Esquire and files the following PETITION FOR MODIFICATION OF CUSTODY ORDER and in support thereof avers as follows: 1. On or around August 25, 2008, this Honorable Court entered an Order that granted Victoria May Weiksner (hereinafter referred to as "Mother") and Daniel Eshenour (hereinafter referred to as "Father") shared legal and physical custody of the minor children, Isaac Daniel Eshenour (DOB 1/16/98), Jacob Andrew Eshenour (DOB 9/4/99) and Adam Caleb Eshenour (DOB 9/29/00). (A true and correct copy of the August 25, 2008 Order is hereby attached to this Petition). 2. The Order directed that Mother and Father were to enjoy an equal number of overnight custodial periods per year. s7o, a v P L ,fif ct 6? -9 -7 RA -s9n 3. Father has concerns about the safety and well-being of the minor children because Mother is romantically involved with an individual by the name of James Paul Weiksner who has a significant criminal history including armed robbery, theft, harassment, multiple DUI's, disorderly conduct and fighting while intoxicated. 4. On numerous occasions the police have had to be respond to calls to the residence that Mother shares with the minor children due to domestic disputes and possible domestic violence. 5. On multiple occasions the police have removed Mr. Weiksner from the home that Mother shares with the children. In late August 2007, Mr. Weiksner was forcibly removed from the home by the police. Father feared that Mr. Weiksner may return and be a threat to the children. Father removed the children from the home for a period of 1 month with Mother's consent. 6. Mother has promised Father and children on numerous occasions that she would not allow Mr. Weiksner to return to the home, but each time she has allowed Mr. Weiksner to return. 7. On one occasion when Mr. Weiksner had left the home, the children told how they did a search of the home for beer bottles and found several hidden in a bathroom cabinet, in the garage, and under the couch. 8. Mother continues to expose the children to James Paul Weiksner despite the fact that Isaac has repeatedly expressed that he is fearful of Mr. Weiksner and does not feel comfortable in his presence. Mother told Isaac he'd "just have to get over it" and Mother told Father that she wasn't going to let a 12 year old child dictate her life. 9. At one point in time, Mother admitted to Father that Mr. Weiksner engaged in the use of illegal drugs which violated his parole and caused him to be returned to prison to complete his sentence. 10. In August 2008, children shared that Mr. Weiksner told them that he would know anything they would say about him to their Mother because she would be telling Mr. Weiksner everything they said. This comment was made in front of Mother and caused the children to feel threatened, intimidated and embarrassed. 11. Isaac complains of becoming physically ill, in that he has an upset stomach and diarrhea when he knows that he has to be around Mr. Weiksner. 12. In or around the middle of March, 2010, Mother informed the children that she was planning to have Mr. Weiksner in the family home every Sunday while the children were there. 13. Since being informed of Mr. Weiksner's return, Jacob has been acting up in school and Adam has displayed more anger than he had previously. 14. When questioned by Father about their feelings about Mr. Weiksner returning to the home again, all three children were very apprehensive and fearful. 15. Father has a home that he shares with his wife and they are providing a stable and safe environment for the children. They are willing and able to accommodate the children on a full time basis. 16. Father believes and avers that it is in the children's best interest to be placed into his care so that he can stabilize the emotional welfare of his children. 17. The Honorable Judge Hess was previously is assigned to this case. WHEREFORE, Plaintiff requests that the current custody Order be modified and that he be granted primary physical custody of the minor children. submitted, ?fieri'D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) VERIFICATION I, Daniel Eshenour, hereby that I have reviewed the foregoing PETITION TO MODIFY CUSTODY and verify that all of the facts contained therein are true and correct to the best of my knowledge, information and belief. I understand that I could be subject to penalties for perjury both criminally and civilly under Pennsylvania and federal law for any false statements contained therein. Daniel Eshenour Date -- 3 - 3 /- `0 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) Attorney for Defendant VICTORIA M. WEIKSNER, Plaintiff V. DANIEL A. ESHENOUR, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-1411 CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certifies that on this 5 h day of April, 2010, I caused the foregoing PLAINTIFF'S PETITION TO MODIFY COURT ORDER to be served upon the following individual by United States first class and certified mail addressed as follows: Victoria M. Weiksner 21 North High Street Newville, PA 17241 submitted, .Slferi D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 VICTORIA M. WEIKSNER PLAINTIFF V. DANIEL A. ESHENOUR DFFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-1411 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Thursday, April 08, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at__4th Floor, , Cumberland County Courthouse, Carlisle on Friday, April 30, 2010 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubett X. Gilroy, Es q. jgkp, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association G/• 4• !O efx:?- Co?? ma4ke'8 32 South Bedford Street 'bo Carlisle, Pennsylvania 17013 i C Telephone (717) 249-3166 4.0 Z1• l'!O /Jab cam- mayleA "?C-) JUN ~ 8 2010 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Cazlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) VICTORIA M. WEIKSNER, Plaintiff v. DANIEL A. ESHENOUR, Defendant Attorney for Defendant l.~~*~ vl COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-1411 ORDER AND NOW, this Z ~ ` day of ~~ , 2010, upon consideration of Defendant's Motion to Appoint Custody Evaluator t}3e-Befr~t's ,~y OR, IN THE ALTERNATIVE, A Rule to Show Cause is issued upon Plaintiff's counsel why the relief requested by Defendant Daniel A. Eshenour should not be granted. Rule returnable within ten days of the date of this Order. Distri ution List: Mazcus McKnight, Esquire (counsel for Mother) 60~W. Pomfret Street, Carlisle, PA 17013 /Sheri D. Coover, Esquire (counsel for Father) 44 S. Hanover Street, Carlisle, PA 17013 ~'o~ t mss' ~/z$~v ~v~ rna~ ~C ~'7"F~'~ J - . c~ ~ -~ _~ ~ o ~.. ~.~ i" N -E; i?wf ~~; - ~ ; ±- r CJ :IJ cz •~ VICTORIA M. WEIKSNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2005-1411 CIVIL ACTION DANIEL A. ESHENOUR Defendant IN CUSTODY CUSTODY STIPULATION/ORDER S tom--.. AND NOW, this 1 ?"'day of 2010, it is hereb}?- stipulated and agreed between the parties as follows: 1. Daniel A. Eshenour (hereinafter referred to as "Father") and Victoria Weiksner (hereinafter referred to as "Mother) are the parents of Isaac D. Eshenour (DOB 01/16/1998), Jacob A. Eshenour (DOB 9/4/1999) and Adam C. Eshenour (DOB 9/29/2000). 2. Shared legal custody as defined by the Act of October 30, 1985, P.L. 264, 23 P.S. § 5301 et.seq. of all three children will be shared by Father and Mother. Major decisions concerning the children, including but not limited to the children's education, health, welfare, upbringing and religious training shall be made by the parties jointly. 3. Primary physical custody of the Isaac D. Eshenour shall be with Father subject to the following periods of partial physical custody with Mother: a. During the school year, Mother shall have custody of Isaac on the first and third weekends of the month as agreed upon by the parties. On the Sundays when Isaac is in Mother's custody, Mother shall make Isaac available at 8:30 a.m. for Father to pick Isaac up to attend church service. Mother can either pick Isaac up after Sunday School at 10:15 a.m. or Father will return Isaac to Mother's custody at noon following the church service, as agreed upon by the parties. b. During the summer break, the parties shall share physical custody of Isaac on an alternating weekly basis starting the first full week of summer, vacation. Custody shall be exchanged on the weekly basis on Sundays at 8:30 p.m. On the Sundays when Isaac is in Mother's custody, Mother shall make Isaac available for Father to pick Isaac up to attend church service as stated above and agreed upon by the parties. 4. Physical custody of the Jacob A. Eshenour and Adam C. Eshenour shall be shared between Mother and Father with 50/50 custody and with each party having an equal number of overnight custodial periods. The following arrangements shall pertain to the parties' periods of custody of Jacob A. Eshenour and Adam C. Eshenour: a. During the school year, the following arrangements for custody of Jacob A. Eshenour and Adam c. Eshenour shall pertain to the parties' periods of custody: (i) Mother shall have physical custody of Jacob and Adam from Sunday at 5:30 p.m. until Thursday at noon; (ii) Father shall have physical custody of Jacob and Adam from Thursday at noon until Sunday at 5:30 p.m.; (iii) Mother shall have physical custody of the children on the third weekend of the month beginning at 8:00 a.m. on Saturday; (iv) When Mother has custody of the children on Sunday mornings, Mother shall make the children available to Father at 8:30 a.m. to attend church. Mother can either pick the children up after Sunday School at 10:15 a.m. or Father will return the children to Mother's custody at noon following the church service, as agreed upon by the parties. (v) Father shall have physical custody of the children on the second and fourth Wednesday evenings beginning after school and be returned to school by Father on Thursday morning; (b) During the summer vacation, the following arrangements for custody of Jacob A. Eshenour and Adam C. Eshenour shall pertain to the parties' periods of custody: (i) The parties shall share physical custody of the children on an alternating weekly basis starting the first full week of summer vacation. Custody shall be exchanged on the weekly basis on Sundays at 8:30 p.m. (ii) When Mother has custody of the children on Sunday mornings, Mother shall make the children available to Father at 8:30 a.m. on Sunday mornings to attend church as stated above and as agreed upon by the parties. 5. Custody of the children shall alternate and rotate for the following holidays as follows: a. The parties agree to split Thanksgiving, Christmas, and Easter with Father having the children in even numbered years from the evening prior to the holiday at 5:30 p.m. until 2:00 p.m. on the holiday. Mother shall have the children on these holidays in odd numbered years from the evening prior to the holiday at 5:30 p.m. until 2:00 p.m. on the holiday; b. The parties agree to split New Years Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day and Columbus Day with Father having custody of the children from 8:00 a.m. to 5:30 p.m. in even numbered years and Mother having custody of the children from 8:00 a.m. to 5:30 p.m. in odd numbered years. C. The Children's Birthdays will be shared between Father and Mother as agreed upon by both parties. 6. Mother shall have custody of the children on Mother's Day and Father shall have custody of the children on Father's Day. 7. While in the presence of the children, no party shall make or permit to be made by any person, any derogatory or uncomplimentary remarks about the other parent or any statement intended to estrange the children from the other parent. 8. Mother and Father shall have liberal and reasonable telephone contact with the children while the children are in the custody of the other parent. 9. The custodial parent shall provide to the non-custodial parent any and all information regarding the children's educational progress, religious training, mental health, physical health, welfare and social events. 10. The parties agree that while the children are in Mother's custody, the children shall not be in the presence of James Paul Weiksner. In the event that Mother should have the children in the presence of James Paul Weiksner, Father will immediately request a conciliation conference to address Mother's contempt of the Court Order and custody of all three children will be transferred to Father until the time of the requested conciliation conference. 11. The parties are free to modify the terms of this Order by agreement, but only in the event that both parties completely consent to the modification. 12. The parties will be in contempt of Court and can be subjected to penalties through fines or imprisonment for the willful disobedience of any of the terms of this Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSTH: itnes Wit ess Daniel Eshenour Victoria Weiksner ?-' SEP 1 6Z010 VICTORIA M. WEIKSNER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. No. 2005-1411 CIVIL ACTION DANIEL A. ESHENOUR, Defendant IN CUSTODY ORDER AND NOW, this /T day of -%ar&.w , 2010, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the following stipulation is entered as an Order effective this date. i Distribution List: Marcus McKnight, III Esquire (Attorney for Plaintiff) Irwin & McKnight, West Pomfret Professional Building, 60 W. Pomfret Street, Carlisle, PA 17013 ,-' Sheri D. Coover, Esquire (Attorney for Defendant) 44 S. Hanover Street, Carlisle, PA 17013 t -i:- s cfj /'Yl`ot C J. C) cv - x r? - m rr t -<> o ° CD ?C Z -r-, zeTi D ?? .. ?M VICTORIA M. ROADCAP, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA s C-) ,.. vs. CIVIL ACTION-LAW `S -1 , DANIEL A. ESHENOUR, NO. 2005-1411 CIVIL TERM Defendant/Petitioner IN CUSTODY ' PETITION FOR MODIFICATION OF CUSTODY 7; AND NOW comes Petitioner, Daniel A. Eshenour, the Defendant in the above referenced matter, by and through his attorney, Hannah Herman-Snyder, Esquire, and the law firm of Griffie & Associates, P.C., and files the following Petition for Modification of Custody: 1. Petitioner is the above named Defendant, Daniel A. Eshenour, hereinafter "Father," an adult individual currently residing at 30 Timber Lane, Newville, Cumberland County, Pennsylvania. 2. Respondent is the above named Plaintiff, Victoria M. Roadcap, hereinafter "Mother," an adult individual currently residing at 21 North High Street, Newville, Cumberland County, Pennsylvania. 3. The parties are the natural parents of three (3) children, namely, Isaac D. Eshenour, born January 15, 1998 (age fifteen), Jacob A. Eshenour, born -�S3 ooPd'! etta7So ,et4o-;7-9��sz- September 4, 1999 (age thirteen), and Adam C. Eshenour, born September 29, 2000 (age twelve). 4. The most recent Order of Court in this matter is dated September 17, 2010, which resulted after the parties signed a Stipulation and Agreement, a copy of the Order of Court and Stipulation and Agreement are attached hereto and incorporated herein by reference as Exhibit"A." 5. The parties have been following the Order of Order of September 17, 2010 since its entry, such that the parties share legal custody of the children, Father exercises primary physical custody of Isaac, and the parties equally share physically custody of Jacob and Adam. 6. Since the entry of the September 17, 2010 Order, Mother has divorced the man she was married to at that time, James B. Weiksner, and married Joseph Roadcap, hereinafter"Mr. Roadcap." 7. Mother and Mr. Roadcap are currently going through a very tumultuous separation, with a final Protection from Abuse Order, being entered on Wednesday, August 7, 2013, at docket number 2013-4477, as between Mother and Mr. Roadcap. 8. The final Protection from Abuse Order makes modifications to the temporary Protection from Abuse Order, a copy of both are attached hereto and incorporated herein by reference as Exhibit`B" and Exhibit"C"respectively. 9. As set forth in the Protection from Abuse Orders, Mr. Roadcap has the right to be at the real estate, specifically the garage and parking spaces, that he shares with Mother, as he runs his business from the garage and he is allowed to be at the real estate "during normal weekday business hours Monday through Friday." 10. Mother and Mr. Roadcap's tumultuous relationship has risen to a point, even since the entry of the final Protection from Abuse Order, that the Newville Police Department have been called to the real estate almost, if not, every day. 11. Mother testified, at the hearing regarding the final Protection from Abuse Order, that the children had been present during the altercation on July 21, 2012, that lead to her leaving the residence, the marriage, and precipitated her filing the Protection from Abuse Petition. 12. Specifically, during the incident of July 21, 2012, Mother called for the children's intervention when Mr. Roadcap would not allow her to leave after he verbally assaulted her. 13. The children were present for that assault, called their grandmother, and were the subject of Mr. Roadcap's tirade while they waited for their grandmother, as he was upset they would not side with him. 14. The children have, on numerous occasions, reported to Father and step-mother that there has been a lot of"fighting" between Mother and Mr. Roadcap. 15. Mother acknowledged during the hearing regarding the Protection from Abuse Order that the children were "scared of him (Mr. Roadcap)." 16. Mr. Roadcap and Mother are continuously, even after their separation, engaging in behavior that is detrimental to the children, both emotionally and physically. 17. On Monday, August 12, 2013, Mother directed the children to assist her in taking Mr. Roadcap's personal property from his garage. 18. The Newville Police Department was involved in this incident and the children were all brought in for questioning by the Newville Police Department, and Mother may be charged with a crime regarding this incident. 19. Father is filing a Petition for Special Relief simultaneously with the filing of this Petition for Modification as he believes that the tumultuous relationship between Mother and Mr. Roadcap places the boys in emotional and physical danger. 20. In addition to all of the present issues, Father believes it is in the best interest and permanent welfare of the children to make an overall modification to the custody schedule as Mother provides a very unstable household for the children, including not only the tumultuous romantic relationships she becomes involved in, but also providing no structure within her home and being very emotionally volatile herself. 21. The Honorable Kevin A. Hess has signed a number of Orders in this matter, with all of the Orders pertaining to stipulations and agreements between the parties, other than a directive with a Rule to Show Cause in regards to a request for a custody evaluation. 22. The Honorable Thomas A. Placey held the hearing on Wednesday, August 7, 2013 regarding the Protection from Abuse matter as between Mother and Mr. Roadcap, and this proceeding is relevant to current custody proceedings. 23. Notice of this Petition is being provided to Mother's counsel of record, Marcus A. McKnight, III, Esquire, via first class mail, postage pre-paid, at Irwin & McKnight, 60 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania. WHEREFORE, Petitioner requests your Honorable Court enter an Order whereby a conciliation conference is scheduled, after which Father is granted primary physical custody of all three children, with legal custody continuing to be shared as between the parties. Respectfully submitted, Hannah Herman-Snyder, Esquire U Attorney for Defendant/Petitioner Supreme Court ID No. 91537 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: DX- A. ESHENOUR, Defendant/Petitioner SEP 6 2010 -' VICTORIA M. WEIKSNER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.2005-1411 CIVIL ACTION DANIEL A.ESHENOUR, Defendant : IN CUSTODY ORDER AND NOW, this /7* day of ;1gr& 4r ,2010, upon presentation and I consideration of the attached Stipulation and Agreement and upon agreement of the i I parties, it is hereby ordered and decreed that the following stipulation is entered as an Order effective this date. i I J. Distribution List: ✓ Marcus McKnight,III Esquire(Attorney for Plaintiff Irwin&McKnight,West Pomfret Professional Building,60 W. Pomfret Street, Carlisle,PA 17013 c� Sheri D. Coover,Esquire (Attorney for Defendant) c a -44 S.Hanover Street, Carlisle,PA 17013 m m rn r r � <o 0 o,i J Q W� W Q , Q d , VICTORIA M. WEIKSNER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No..2005-1411 CIVIL ACTION Vic' DANIEL A.ESHENOUR, Defendant IN CUSTODY c7 CUSTODY STIPULATION/ORDER n :< AND NOW,this 15�nday of �2 )� '�- ,2010, it is herebP- stipulated and agreed between the parties as follows: 1. Daniel A. Eshenour (hereinafter referred to as "Father") and Victoria Weiksner (hereinafter referred to as"Mother) are the parents of Isaac D. Eshenour (DOB 01/16/1998), Jacob A. Eshenour (DOB 9/4/1999) and Adam C. Eshenour (DOB 9/29/2000). 2. Shared legal custody as defined by the Act of October 30, 1985, P.L. 264, 23 P.S. 45301 et.seq. of all three children will be shared by Father and Mother. Major decisions concerning the children, including but not limited to the children's education, health,welfare, upbringing and religious training shall be made by the parties jointly. 3. Primary physical custody of the Isaac D. Eshenour shall be with Father subject to the following periods of partial physical custody with Mother: a. During the school year, Mother shall have custody of Isaac on the first and third weekends of the month as agreed upon by the parties. On the Sundays when Isaac is in Mother's custody, Mother shall make Isaac available at 8:30 a.m. for Father to pick Isaac up to attend church service. Mother can either pick Isaac up after Sunday School at 10:15 a.m. or Father will return Isaac to Mother's custody at noon following the church service, as agreed upon by the parties. b. During the summer break, the parties shall share physical custody of Isaac on an alternating weekly basis starting the first full week of summer vacation. Custody shall be exchanged on the weekly basis on Sundays at 8:30 p.m. On the Sundays when Isaac is in Mother's custody, Mother.shall make Isaac available for Father to. , pick Isaac up to attend church service as stated above and agreed upon by the parties. 4. 'Physical custody of the Jacob A. Eshenour and Adam C. Eshenour shall be shared between Mother and Father with 50150 custody and with each party having an equal number of overnight custodial periods. The following arrangements shall pertain to the parties' periods of custody of Jacob A. Eshenour and Adam C. Eshenour: a. During the school year, the following arrangements for custody of Jacob A. Eshenour and Adam c. Eshenour shall pertain to the parties' periods of custody: (i) Mother shall have physical custody of Jacob and Adam from Sunday at-5:30 p.m. until Thursday at noon; (ii) Father shall have physical custody of Jacob and Adam from Thursday at noon until Sunday at 5:30 p.m.; (iii) Mother shall have physical custody of the children on the third weekend of the month beginning at 8:00 a.m. on Saturday; (iv) When Mother has custody of the children on Sunday mornings, Mother shall make the children, available to Father at 8:30 a.m. to attend church. Mother can either pick the children up after Sunday School at 10:15 a.m. or Father will.return the children to Mother's custody at noon following the church service,as agreed upon by the parties. (v) Father shall have physical. custody of the children on the second and fourth Wednesday evenings beginning after school and be returned to school by Father on Thursday morning; (b) During the summer vacation, the following arrangements for custody of Jacob A. Eshenour and Adam C. Eshenour shall pertain to the parties'periods of custody: (i) The parties shall share physical custody of the children on an alternating weekly basis starting the first full week of summer vacation. Custody shall be exchanged on the weekly basis on Sundays at 8:30 p.m. (ii) When Mother has custody of the children on Sunday mornings, Mother shall make the children available to Father at 8:30 a.m. on Sunday mornings to attend church as stated above and as agreed upon by the parties. 5. Custody of the children shall alternate and rotate for the following holidays as follows: a. The parties agree to split Thanksgiving, Christmas, and Easter with Father having the children in even numbered years from the evening prior to the holiday at 5:30 p.m. until 2:00 p.m. on the holiday. Mother shall have the children on these holidays in odd numbered years from the evening prior to the holiday at 5:30 p.m. until 2:00 p.m. on the holiday; b. The parties agree to split New Years Day, Martin Luther King, Jr. Day, .Presidents Day, Memorial Day, Independence Day, Labor Day and Columbus Day with Father having custody of the children from 8:00 a.m. to 5:30 p.m. in even numbered years and Mother having custody of the children from 8:00 a.m. to 5:30 p.m. in odd numbered years. C. The Children's Birthdays will be shared between Father and Mother as agreed upon by both parties. 6. Mother shall have custody of the children on Mother's Day and Father shall have custody of the children on Father's Day. 7. While in the presence of the children, no party shall make or permit to be made by any person, any derogatory or uncomplimentary remarks about the other parent or any statement intended to estrange the children from the other parent. 8. Mother and Father shall have liberal and reasonable telephone contact with the children while the children are in the custody of the other parent. 9. The custodial parent shall provide to the non-custodial parent any and all information regarding the children's educational progress, religious training, mental health, physical health,welfare and social events. 10. The parties agree that while the children are in Mother's custody, the children shall not be in the presence of.lames Paul Weiksner. In the event that Mother should have the children in the presence of James Paul Weiksner, Father , will immediately request a conciliation conference to address Mother's contempt of the Court Order and custody of all three children will be transferred to Father until the time of the requested conciliation c©nference. 11. The parties are free to modify the terms of this Order by agreement, but only in the event that both parties completely consent to the modification. 12. The parties will be in contempt of Court and can be subjected to penalties through fines or imprisonment for the willful disobedience of any of the terms of this Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof,set forth their hands and seals the day and year herein set forth. WITNESSTH: i nes Daniel Eshenour LM90sa- Wittiess Victoria Weiksner nub, i!. LVIJ J J VICTORIE MAE ROADCAP, ; IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2013-9977 JOSEPH ARNOLD ROADCAP, E2 ~' Defendant PROTECTION FROM ABUSE 'o ;�- 'IN RE: PROTECTION FROM ABUSE ORDER E4, _.. ORDER OS COURT �° -v -;•: AND NOW, this 7th day of August, 2013 •• cj! following a hearing on the Petition for PFA, the PFA is granted with the following modifications to the temporary order which will become a final order: At paragraph 2, the Defendant is evicted and excluded from the residence at 21 North High Street, Newv.ille, PA; however, the Defendant may utilize 'the garage and 2 adjacent parking spots for business purposes during normal weekday business hours Monday through Friday. Plaintiff s_,gerante:d_.exc1us1,ve. po;as,es:sion of -the- mes-idence but not the garage. Defendant shall be provided uninterrupted electrical service for which he will pay half the electric bill. At no point may he enter the home structure. The Defendant is to find another business location within one year. Paragraph 3 is amended to add neither party may use social networks to report of this case deposition, their pending marriage dissolution, custody of children, and/or prior relationships. W . a a I I W(• I J r L V I J J• J "' Paragraph .9, this order applies immediately to the Defendant and shall remain in effect until July .30, 2014, or until otherwise modified or terminated by this Court after notice in hearing. It may terminate early in Defendant relocates his business prior than one year, and it may be extended if Defendant remains at that business location. By the Court Thomas A. ' .lacey, C. P. J. Jessica Holst, Esquire For the Plaintiff Annie R. Gomez, Esquire For the Defendant :mlc TRUE COPY FROM RECORD M1bstwwly whereof,l h9rG unto set my hand 1 of Bald Co rt at Carlisle,Pa. Prothonotary � Z t Temporary Protection From Abuse Order No: Page I of 4 TEMPORARY PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA Amended Order [D Continued Order NO, 110 7 ci: ,,.j-� 1.PLAINTIFF r—Victoria Mae Roadeap ---1-7/23/1970 First Middle Last Suffix Plaintiff DOB Name(s)of All protected persons,including minor child/ren and DOB, Victoria Mae Road cap July 23,1970 V. DEFENDANT P—oseph Arnold Roadcap First Middle Last Suffix Defendant's Address: DEFENDANT IDENTIFIERS 21 North High Street DOB 12/6/1972 1 HEIGHT 16 ft. Newville PA 17241 SEX JMale WEIGHT 245 RACE White JEYES IBlue HAIR Brown CAUTION: SSN 13 Weapon Involved DRIVERS LICENSE []Weapon Present on the Property # 1._I Weapon Ordered Relinquished EXP DATE STATE The Court Hereby Finds:That it has jurisdiction overthe parties and subject matter,and the Defendant will be provided with reasonable notice and opportunity to be heard. The.Co,urt Hereby Orders: Defendant shall not abuse,harass,stalk or threaten any of the above persons in any place where they might be found. F=xecpt fo,stielt eentftet mith the minor ehiidhet!rt3 iyia�be peimitted t2ndei partgtaph 5 of this ordot,Defendant shall not contact Plaintiff,or any other person protected under this order,by telephone or by any other means, including through third persons. Additional findings of this order are set forth below. Order Effective Date '-7/ 311A0 Order Expiration Date NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt,which is punishable by a fine of up to$1,000 and/or up to six month's in jail.23 Pa.C.S.A.§6114.Consent of Plaintiff to Defendants return to the residence shall not invalidate this order,which can only be changed or modified through the filing of appropriate court papers for that purpose.23 Pa.C.&A.§6108(g).If Defendant is required to relinquish any firearms,other weapons or ammunition or any firearm license,those items must be relinquished to the sheriff within 24 hours of the service of this order.As an alternative,Defendant may relinquish any firearm,other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit.If,due to their current location,firearms,other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms,other weapons or ammunition and their current location no later than 24 hours after the service or this order.Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act,18 U.S.C.§§2261-2262. Cal https://www.pfad.state.pa.us/PFADLive/temporder.asp?TempOrderID=499097&cmdMov... 7/29/2013 Temporary Protection From Abuse Order No: Page 2 of 4 AND NOW,on 30th Day of July,2013 upon consideration of the attached Petition for Protection from Abuse,the court hereby enters the following Temporary Order: 1. Defendant shall not abuse,harass,stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is evicted and excluded from the residence at: 21 North High Street Newville,PA 17241 or any other permanent or temporary residence where Plaintiff or any other person protected under this order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this order either directly or indirectly,at any location, including but not limited to any contact at Plaintiff s or other protected party's school,business, or place of employment. 4. Defendant shall not contact Plaintiff,or any other person protected under this order,by telephone or by any other means,including through third persons. 5. FIREARMS, OTHER WEAPONS AND AMMUNITION RESTRICTIONS Defendant shall relinquish to the sheriff the following firearms licenses owned or possessed by Defendant: pistol 6. The following additional relief is granted: Defendant is prohibited from stalking,as defined in 18 Pa.C.S.A. § 2709.1, Or harrassing,as described in 18 Pa,C.S.A. §2709,the following family and household members of Plaintiff: Name Relationship Address Isaac Eshenour child Jacob Eshenour child Adam Eshenour child Other Relief- -The Defendant shall not destory,dispose of, or damage property owned by both par-ties or coley by the Plaintiff.; 7. A certified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: https://wArw,pfad.state.pa.us/PFADLive/temporder.asp?TempOrderID=499097&cmdMov... 7/29/2013 Temporary Protection From Abuse Order No: Page 3 of 4 PSP Carlisle Barracks Newville Police Deptartment 8. The sheriff,police or other law enforcement agencies are directed to serve Defendant with a copy of the petition,any order issued,and the order for hearing. Petitioner will inform the designated authority of any addresses,other than Defendant's residence, where Defendant can be served. 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JULY 30,2016 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt,which is punishable by a fine of up to$1,000 and/or up to six months in jail.23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108(g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license,those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative,Defendant may relinquish any firearm,other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If,due to their current location,firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment,Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. NOTICE TO SHERIFF,POLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police department or sheriff who has jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 5 of this order,Defendant shall be arrested on the charge of indirect criminal contempt. An arrest for violation of this order may be made without warrant,based solely on probable cause,whether or not the violation is committed in the presence of a police officer or sheriff. Subsequent to an arrest,the law enforcement officer or sheriff shall seize all firearms,other weapons and ammunition in Defendant's possession which were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. Any firearm, other weapon,ammunition or any firearm license must be delivered to the sheriffs office of the county which issued this order, which office shall maintain possession of the firearms, other weapons and ammunition until further order of this court, unless the weapon/s are evidence of a crime,in which case,they shall remain with the law enfor�qmwMSTWn)yhose officer or sheriff mad 1�7`10 :17 NJ 0 C lor #fZ BY THE J6U RT: v,0 ,or,11,0 w H L PL oev Judge https://www.pfad.state.pa.us/PFADLive/temporder.asp?TempOrderlD=499097&cmdlvlov... 7/29/2013 Temporary Protection From Abuse Order No: Page 4 of 4 Date Distribution to: Legal Services Trmtan4tted to PSP d 1 DVS PTU Sheriff for Service y(3b 13 https://www.pfad.state.pa.us/PFADLive/temporder.asp?TempOrderID=499097&cmdMov... 7/29/2013 VICTORIA M. ROADCAP, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION—LAW DANIEL A. ESHENOUR, NO. 2005-1411 CIVIL TERM Defendant/Petitioner IN CUSTODY CERTIFICATE OF SERVICE I, Hannah Herman-Snyder Esquire, hereby certify that I did, the I U '`day of August, 2013, cause a copy of Defendant/Petitioner's Petition for Modification of Custody to be served upon Plaintiff/Respondent by serving her attorney of record, Marcus A. McKnight, III, Esquire, by first-class mail, postage prepaid at the following address: Marcus A. McKnight, III, Esquire Irwin&McKnight 60 West Pomfret Street Carlisle, PA 17013 DATE: Hannah Herman-Snyder, Esquire Attorney for Defendant/Petitioner Supreme Court ID No. 91537 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 G�4 VICTORIA M. ROADCAP, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYPNIX M C= G) "C r7% vs. CIVIL ACTION—LAW Q, ca E. DANIEL A. ESHENOUR, NO. 2005-1411 CIVIL TERMr _;.W Defendant/Petitioner _ ;r IN CUSTODY PETITION FOR SPECIAL RELIEF PURSUANT TO PA. R.C.P. &1915.13 AND NOW comes Petitioner, Daniel A. Eshenour, the Defendant in the above referenced matter, by and through his attorney, Hannah Herman-Snyder, Esquire, and the law firm of Griffie & Associates, P.C., and files the following Petition for Special Relief Pursuant to Pa. R.C.P. §1915.13: 1. Petitioner is the above named Defendant, Daniel A. Eshenour, hereinafter "Father," an adult individual currently residing at 30 Timber Lane, Newville, Cumberland County, Pennsylvania. 2. Respondent is the above named Plaintiff, Victoria M. Roadcap, hereinafter "Mother," an adult individual currently residing at 21 North High Street, Newville, Cumberland County, Pennsylvania. 3. The parties are the natural parents of three (3) children, namely, Isaac D. Eshenour, born January 15, 1998 (age fifteen), Jacob A. Eshenour, born September 4, 1999 (age thirteen), and Adam C. Eshenour, born September 29, 2000 (age twelve). Q1 3. 4. The most recent.Order of Court in this matter is dated September 17, 2010, which resulted after the parties signed a Stipulation and Agreement, a copy of the Order of Court and Stipulation and Agreement are attached hereto and incorporated herein by reference as Exhibit"A." 5. The parties have been following the Order of Order of September 17, 2010 since its entry, such that the parties share legal custody of the children, Father exercises primary physical custody of Isaac, and the parties equally share physically custody of Jacob and Adam. 6. Since the entry of the September 17, 2010 Order, Mother has divorced the man she was married to at that time, James B. Weiksner, and married Joseph Roadcap, hereinafter"Mr. Roadcap." 7. Mother and Mr. Roadcap are currently going through a very tumultuous separation, with a final Protection from Abuse Order, being entered on Wednesday, August 7, 2013, at docket number 2013-4477, as between Mother and Mr. Roadcap. 9. The final Protection from Abuse Order makes modifications to the temporary Protection from Abuse Order, a copy of both are attached hereto and incorporated herein by reference as Exhibit"B" and Exhibit"C"respectively. 10. As set forth in the Protection from Abuse Orders, Mr. Roadcap has the right to be at the real estate, specifically the garage and parking spaces, that he shares with Mother, as he runs his business from the garage and he is allowed to be at the real estate "during normal weekday business hours Monday through Friday." 11. Mother and Mr. Roadcap's tumultuous relationship has risen to a point, even since the entry of the final Protection from Abuse Order, that the Newville Police Department have been called to the real estate almost, if not, every day. 12. Mother testified, at the hearing regarding the final Protection from Abuse Order, that the children had been present during the altercation on July 21, 2012, that lead to her leaving the residence, the marriage, and precipitated her filing the Protection from Abuse Petition. 13. Specifically, during the incident of July 21, 2012, Mother called for the children's intervention when Mr. Roadcap would not allow her to leave after he verbally assaulted her. 14. The children were present for that assault, called their grandmother, and were the subject of Mr. Roadcap's tirade while they waited for their grandmother, as he was upset they would not side with him. 15. The children have, on numerous occasions, reported to Father and step-mother that there has been a lot of"fighting"between Mother and Mr. Roadcap. 16. Mother acknowledged during the hearing regarding the Protection from Abuse Order that the children were"scared of him(Mr. Roadcap)." 17. Mr. Roadcap and Mother are continuously, even after their separation, engaging in behavior that is detrimental to the children, both emotionally and physically. 18. On Monday, August 12, 2013, Mother directed the children to assist her in taking Mr. Roadcap's personal property from his garage. 19. The Newville Police Department was involved in this incident and the. children were all brought in for questioning by the Newville Police Department, and Mother may be charged with a crime regarding this incident. 20. Father is filing a Petition for Modification simultaneously with the filing of this Petition for Special Relief Pursuant to Pa. R.C.P. §1915.13 as he believes a long term change is necessary as Mother exhibits a lack of awareness as to how her tumultuous romantic relationships impact the children, in regards to both their emotional and physical well-being. 21. At least part of what has lead to the issues between Mother and Mr. Roadcap has to do with Mother having ongoing relations with her ex-husband, James B. Weiksner. 22. While Father is unaware of the exact status of Mother's current relationship with her ex-husband, James B. Weiksner, any possibility of an ongoing relationship between Mother and her ex-husband, James B. Weiksner is a safety concern, due to his criminal record, as well as prior abuse issues, and the parties had previously agreed, as per the attached Order of Court of September 17, 2010, that Mother would not have James B. Weiksner in the presence of the children. 23. The Honorable Kevin A. Hess has signed a number of Orders in this matter, with all of the Orders pertaining to stipulations and agreements between the parties, other than a directive with a Rule to Show Cause in regards to a request for a custody evaluation. 24. The Honorable Thomas A. Placey held the hearing on Wednesday, August 7, 2013 regarding the Protection from Abuse matter as between Mother and Mr. Roadcap, and this proceeding is relevant to current custody proceedings. 25. Notice of this Petition is being provided to Mother's counsel of record, Marcus A. McKnight, III, Esquire, via fkrst class mail, postage pre-paid, at Irwin & McKnight, 60 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania. WHEREFORE, Petitioner requests this Honorable Court enter an Order of Court as follows: 1. Pending further Order of Court, Father shall exercise primary physical custody of the children, Isaac D. Eshenour, born January 15, 1998 (age fifteen), Jacob A. Eshenour, born September 4, 1999 ( age thirteen), and Adam C. Eshenour, born September 29, 2000 (age twelve), subject to Mother's periods of partial physical custody every Wednesday from 6:00 p.m. to 9:00 p.m., and every other Sunday from 2:00 p.m. to 9:00 p.m. 2. Mother's periods of partial physical custody shall not be exercised at her residence of 21 North High Street, Newville, Cumberland County, Pennsylvania, nor in the presence or vicinity of James B. Weiksner or Joseph Roadcap. 3. This matter is sent to the custody conciliator, to be scheduled for a conciliation conference as early as possible. 4. The Cumberland County Sheriff's Department or a Constable is authorized to assist in the transfer of custody pursuant to this Order of Court if the children are in the custody of Victoria M. Roadcap at the time of entry of this Order of Court. Respectfully submitted, " a�"-kk �J,'ru�ar,- dkA 14 annah Herman-Snyder, Esqui& Attorney for Defendant/Petitioner Supreme Court ID No. 91537 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: DANIEL A. ESHENOUR, Defendant/Petitioner SEP 6 1 VICTORIA M. WEIKSNER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.2005-1411 CIVIL ACTION DANIEL A.ESHENOUR, Defendant : IN CUSTODY ORDER AND NOW, this /T day of -Lat&44/ ,.2010, upon presentation and I consideration of the attached Stipulation and Agreement and upon agreement of the i I L parties, it is hereby ordered and decreed that the following stipulation is entered as an Order effective this date. J. Distribution List: ✓ Marcus McKnight,III Esquire(Attorney for Plaintiff) Irwin&McKnight,West Pomfret Professional Building,60 W.Pomfret Street, Carlisle,PA 17013 0 Sheri D. Coover,Esquire (Attorney for Defendant) 44 S.Hanover Street, Carlisle,PA 17013 m Mr- -r' 'am l.d r�s mac r-D a-n 4 I �lC� xO -� N 5 J Q W� J W Q J J Q , VICTORIA M. WEIKSNER., IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No..2005-1411 CIVIL ACTION w DANIEL A. ESHENOUR, : -a Defendant IN CUSTODY %`'`-" C7 CUSTODY STIPULATION/ORDER '`C m y C- .. { AND NOW,this �nday of � K-�C1Cl ,2010,it is hereb}�--'--? stipulated and agreed between the parties as follows: 1. Daniel A. Eshenour (hereinafter referred to as "Father") and Victoria Weiksner(hereinafter referred to as"Mother) are the parents of Isaac D. Eshenour(DOB 01/16/1998), Jacob A. Eshenour (DOB 9/4/1999) and Adam C. Eshenour (DOB 9/.29/2000). 2. Shared legal custody as defined by the Act of October 30, 1985, P.L. 264, 23 P.S. § 5301 et.seq. of all three children will be shared by Father and Mother. Major decisions concerning the children, including but not limited to the children's education, health,welfare,upbringing and religious training shall be made by the parties jointly. 3. Primary physical custody of the Isaac D. Eshenour shall be with Father subject to the following periods of partial physical custody with Mother: a. During the school year, Mother shall have custody of Isaac on the first and third weekends of the month as agreed upon by the parties. On the Sundays when Isaac is in Mother's custody, Mother shall make Isaac available at 8:30 a.m. for Father to pick Isaac up to attend church service. Mother can either pick Isaac up after Sunday School at 10:15 a.m. or Father will return Isaac to Mother's custody at noon following the church service, as agreed upon by the parties. b. During the summer break, the parties shall share physical custody of Isaac on an alternating weekly basis starting the first full week of summer vacation. Custody shall be exchanged on the weekly basis on Sundays at 8:30 p.m. On the Sundays when Isaac is in Mother's custody, Mother shall make Isaac available for Father to pick Isaac up to attend church service as stated above and agreed upon by the parties. 4. Physical custody of the Jacob A. Eshenour and Adam C. Eshenour shall be shared between Mother and Father with 50150 custody and with each party having an equal number of overnight custodial periods. The following arrangements shall pertain to the parties' periods of custody of Jacob A.Eshenour and Adam C. Eshenour: a. During the school year, the following arrangements for custody of Jacob A. Eshenour and Adam c. Eshenour shall pertain to the parties' periods of custody; (i) Mother shall have physical custody of Jacob and Adam from Sunday at 5:30 p.m. until Thursday at noon; (ii) Father shall have physical custody of Jacob and Adam from Thursday at noon until Sunday at 5:30 p.m.; (iii) Mother shall have physical custody of the children on the third weekend of the month beginning at 8:00 a.m. on Saturday; (iv) When Mother has custody of the children on Sunday mornings, Mother shall make the children available to Father at 8:30 a.m. to attend church. Mother can either pick the children up after Sunday School at 10:15 a.m. or Father will.return the children to Mother's custody at noon following the church service, as agreed upon by the parties. (v) Father shall have physical custody of the children on the second and fourth Wednesday evenings beginning after i school and be returned to school by Father on Thursday morning; (b) During the summer vacation, the following arrangements for custody of Jacob A.Eshenour and Adam C. Eshenour shall pertain to the parties'periods of custody: (i) The parties shall share physical custody of the children on an alternating weekly basis starting the first full week of summer vacation. Custody shall be exchanged on the weekly basis on Sundays at 8:30 p.m. (ii) When Mother has custody of the children on Sunday mornings, Mother shall make the children available to F77� Father at 8:30 a.m. on Sunday mornings to attend church as stated above and as agreed upon by the parties. 5. Custody of the children shall alternate and rotate far the following holidays as follows: a. The parties agree to split Thanksgiving, Christmas, and Easter with Father having the children in even numbered years from the evening prior to the holiday at 5:30 p.m. until 2:00 p.m. on the holiday. Mother shall have the children on these holidays in odd numbered years from the evening prior to the holiday at 5:30 p.m. until 2:00 p.m. on the holiday; b. The parties agree to split New Years Day, Martin Luther King, Jr. Day, .Presidents Day, Memorial Day, Independence Day, Labor Day and Columbus Day with Father having custody of the children from 8:00 a.m. to 5:30 p.m. in even numbered years and Mother having custody of the children from 8:00 a.m. to 5:30 p.m. in odd numbered years. C. The Children's Birthdays will be shared between Father and Mother as agreed upon by both parties. 6. Mother shall have custody of the children on Mother's Day and Father shall have custody of the children on Father's Day. 7. While in the presence of the children, no party shall make or permit to be made by any person, any derogatory or uncomplimentary remarks about the other parent or any statement intended to estrange the children from the other parent. 8. Mother and Father shall have liberal and reasonable telephone contact with the children while the children are in the custody of the other parent. 9. The custodial parent shall provide to the non-custodial parent any and all information regarding the children's educational progress, religious training, mental health, physical health,welfare and social events. 10. The parties agree that while the children are in Mother's custody, the children shall not be in the presence of.James Paul Weiksner. In the event that Mother should have the children in the presence.of James.Paul Weiksner, Father will immediately request a conciliation conference to address Mother's contempt of the Court Order and custody of all three children will be transferred to Father until the time of the requested conciliation conference. 11. The parties are free to modify the terms of this Order by agreement, but only in the event that both parties completely consent to the modification. 12. The parties will be in contempt of Court and can be subjected to penalties through fines or imprisonment for the willful disobedience of any of the terms of this Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. . WITNESSTH: Zs ` Daniel Eshenour r - ✓"� V r ���� �s�//ijr�j/����rl/�i�./Jr�tl Ji.f.• Wi ess Victoria Weiksner nug. ii. L V I J J III VICTORIE MAE ROADCAP, ; IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2013-4477 JOSEPH ARNOLD ROADCAP, ~ Defendant PROTECTION FROM ABUSE M �. IN RE: PROTECTION FROM ABUSE ORDER ORDER OF COURT AND NOW, this 7th day of August, 2013F= •• -' C.P following a hearing on the Petition for PFA, the PFA is granted with the :following modifications to the temporary order which will become a final order: At paragraph .2, the Defendant is evicted and excluded from the residence at 2.1 North High Street, Newville, PA; however, the Defendant may utilize 'the garage and 2 adjacent parking spots for business purposes during normal weekday business hours Monday through Friday. Plaintiff is ,,g ,ant.ed-exclus,ive. .poss,ess on of -the, res: denoe but not the garage. Defendant shall be provided uninterrupted electrical service for which he will pay half = the electric bill. At no point may he enter the home structure. The Defendant is to find another business location within one year, Paragraph 3 is amended to add neither party may use social networks to report of this case deposition, their pending marriage dissolution, custody of children, and/or prior .relationships. W a a nub LvIJ Paragraph 9, this order applies immediately to the Defendant and shall remain in effect until July 30, 20.14, or until otherwise modified or terminated by this Court after notice in hearing. It may terminate early in Defendant relocates his business prior than one year, and it may be extended if Defendant remains at that business location. By the Court Thomas A. ' Lacey, C.P. J. Jessica Holst, Esquire For the Plaintiff Annie R. Gomez, Esquire For the Defendant ;mlc TRUE COPY FROM RECORD In'1Ostlmony whereof,i here unto set my hand Mnd Of Bald Co ] at Carlisle,Pq, This Of--ft(df prothonotary Temporary Protection From Abuse Order No: Page I of 4 TEMPORARY PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE ORDER CUMBERLAND COUNTY,PENNSYLVANIA Amended Order [D Continued Order NO. 7 c 1.PLAINTIFF Victoria Mae Roadeap ==7/23/1970 First Middle Last Suffix Plaintiff DOB Name(s)of All protected persons,including minor child/ren and DOB, Victoria Mae Roadeap July 23,1970 V. DEFENDANT I Joseph Arnold Roadcap First Middle Last Suffix Defendant's Address: DEFENDANT IDENTIFIERS 21 North High Street DOB 2/6/1972 1 HEIGHT'6 ft. Newville PA 17241 SEX Male WEIGHT 245 RACE White EYES Btue HAIR Brown CAUTION: SSN MWeapon Involved DRIVERS LICENSE r-1 Weapon Present on the Property # L_1 x weapon ordered Relinquished EXP DATE STATE The Court Hereby Finds:That it has jurisdiction over the parties and subject matter,and the Defendant will be provided with reasonable notice and opportunity to be heard. TheCourt Hereby Orders: L-IJ,r 11 Defendant shall not abuse,harass,stalk or threaten any of the above persons in any place where they might be found. M Except fbi stieh eorttaet with the mino, ehiid�etw asmay be pet mitted tmde PM8gLftPh 5 of this order,Defendant shall not contact Plaintiff,or any other person protected under this order,by telephone or by any other means, including through third persons. LX j Additional findings of this order are set forth below. Order Effective Date —// 311)3 Order Expiration Date NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt,which is punishable by a fine of up to$1,000 and/or up to six months in jail.23 Pa.C.S.A,§6114.Consent of Plaintiff to Defendants return to the residence shall not invalidate this order,which can only be changed or modified through the filing of appropriate court papers for that purpose.23 PaC.S.A.§6108(g).If Defendant is required to relinquish any firearms,other weapons or ammunition or any firearm license,those items must be relinquished to the sheriff within 24 hours of the service of this order.As an alternative,Defendant may relinquish any firearm,other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit.If,due to their current location,firearms,other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms,other weapons or ammunition and their current location no later than 24 hours after the service of this order.Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act,18 U.S.C.J§2261-2262. https://www.pfad.state.pa.us/PFADLive/temporder.asp?TempOrderID=499097&cmdMov... 7/29/2013 Temporary Protection From Abuse Order No: Page 2 of 4 AND NOW,on 30th Day of July,2013 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 1. Defendant shall not abuse,harass,stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is evicted and excluded from the residence at: 21 North High Street Newville,PA 17241 or any other permanent or temporary residence where Plaintiff or any other person protected under this order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this order either directly or indirectly,at any location, including but not limited to any contact at Plaintiffs or other protected party's school,business, or place of employment. 4. Defendant shall not contact Plaintiff,or any other person protected under this order,by telephone or by any other means, including through third persons. 5. FIREARMS, OTHER WEAPONS AND AMMUNITION RESTRICTIONS Defendant shall relinquish to the sheriff the following firearms licenses owned or possessed by Defendant: pistol 6. The following additional relief is granted: Defendant is prohibited from stalking,as defined in 18 Pa.C.S.A. § 2709.1, or harrassing,as described in 18 Pa.C.S.A. §2709,the following family and household members of Plaintiff: Name Relationship Address Isaac Eshenour child Jacob Eshenour child Adam Eshenour child Other Relief- -The Defendant shall not destory,dispose of,or damage property owned by both parties or soley by the Plaintiff. 7. A certified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: https://wAw.pfad.state.pa.us/PFADLive/temporder.asp?TempOrderID=499097&cmdMov... 7/29/2013 Temporary Protection From Abuse Order No: Page of PSP Carlisle Barracks Newville Police Deptartment 8. The sheriff,police or other law enforcement agencies are directed to serve Defendant with a copy of the petition,any order issued, and the order for hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JULY 30,2016 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt,which is punishable by a fine of up to$1,000 and/or up to six months in jail.23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose.23 Pa.C.S.A. § 6108(g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license,those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative,Defendant may relinquish any.firearm,other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location,firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment,Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. NOTICE TO SHERIFF,POLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police department or sheriff who has jurisdiction over Plaintiff s residence OR any location where a violation of this order occurs OR where Defendant may be located.If Defendant violates Paragraphs I through 5 of this order,Defendant shall be arrested on the charge of indirect criminal contempt. An arrest for violation of this order may be made without warrant,based solely on probable cause,whether or not the violation is committed in the presence of a police officer or sheriff. Subsequent to an arrest,the law enforcement officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession which were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. Any firearm,other weapon,ammunition or any firearm license must be delivered to the sheriffs office of the county which issued this order, which office shall maintain possession of the firearms, other weapons and ammunition until further order of this court, unless the weapon/s are evidence of a crime, in which case,they shall remain with the law enfor"ta vAtWSfW?gghose officer or sheriff mad J,iun63 aNroewno * X10 :17 0C loo BY THE JbU RT: Judge L P Cc V 7/29/2013' X https://www.pfad.state.pa.us/PFADLive/temporder.asp?TempOrderlD=499097&cmdMov... Temporary Protection From Abuse Order No: Page 4 of 4 Date Distribution to: $6 (3 Legal Services Transited to PSPd DVS Sheriff for Service 7136 13 V https://www.pfad.state,pa.us/PFADLive/temporder.asp?TempOrderID=499097&cmdMov... 7/29/2013 VICTORIA M. ROADCAP, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION—LAW DANIEL A. ESHENOUR, NO. 2005-1411 CIVIL TERM Defendant/Petitioner : : IN CUSTODY CERTIFICATE OF SERVICE 1, Hannah Herman-Snyder Esquire, hereby certify that I did, the i+1, day of August, 2013, cause a copy of Defendant/Petitioner's Petition for Special Relief Pursuant to Pa. R.C.P. §1915.13 to be served upon Plaintiff/Respondent by serving her attorney of record, Marcus A. McKnight, III, Esquire, by first-class mail, postage prepaid at the following address: Marcus A. McKnight, III, Esquire Irwin& McKnight 60 West Pomfret Street Carlisle, PA 17013 DATE: - I to - 1 Hannah Herman-Snyder, Esquke-- Attorney for Defendant/Petitioner Supreme Court ID No. 91537 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle,PA 17013 (717) 243-5551 (800) 347-5552 VICTORIA M. WEIKSNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION—LAW -.0a w DANIEL A. ESHENOUR, NO. 2005-1411 CIVIL TERM X M ,M- Defendant � -+ t- :W r7- > IN CUSTODY ;7. PRAECIPE CID /��_-- > - :t TO THE PROTHONOTARY: Please modify the Plaintiff's name, Victoria M. Weiksner, in regards to the above referenced matter, to her current name of Victoria M. Roadcap. Respectfully Submitted, Hannah Herman-Snyder, Esquir Attorney for Defendant Supreme Court ID No. 91537 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 Y VICTORIA M. WEIKSNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION—LAW DANIEL A. ESHENOUR, NO. 2005-1411 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the 111 4'` day of August, 2013, cause a copy of the attached Praecipe to be served upon Plaintiff by serving her attorney of record, Marcus A. McKnight, III, Esquire, by first-class mail, postage prepaid at the following address: Marcus A. McKnight, III, Esquire Irwin&McKnight 60 West Pomfret Street Carlisle, PA 17013 DATE: ail_ Hannah Herman-Snyder, Esqui Attorney for Defendant Supreme Court ID No. 91537 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 VICTORIA M. ROADCAP, Plaintiff/Respondent V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2005-01411 CIVIL TERM DANIEL A. ESHENOUR, Defendant/Petitioner IN CUSTODY IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P. -1915.13 ORDER OF COURT AND NOW, this, day of August 2013, upon consideration of Plaintiff's Petition for Special Releif Pursuant to Pa.R.C.P. 1915.13, and it appearing that the immediate health and well-being of the minor children, Issac D. Eshenour, Jacob A. Eshenour, and Adam C. Eshenour, are not presently in danger, and recognizing that Petitioner has filed a Petition for Modification simultaneously with the filing of the instant Petition, this matter is referred to the Custody Conciliator. No further relief is granted at this time. BY THE COURT, Thomas A. Placey C.P.Q . Distribution: �annah Herman-Snyder, Esq. -, Marcus A. McKnight, 111, Esq. 'ar C_6�L& fib OM Mt VICTORIA M. ROADCAP IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ;: 2005-1411 CIVIL ACTION LAW G Q —0 w =C s DANIEL A. ESHENOUR �rn r-, IN CUSTODY DEFENDANT -tom C), Y` �—r= ORDER OF COURT w —4 �•* AND NOW, Thursday,August 22,2013 , upon consideration of the attached Complaint, ` it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy,Esq._ , the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Friday,September 13,2013 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearin1j. FOR THE COURT, By: /s/ Hubert X. Gilrov, Es o. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 1.7013 Telephone (717)249-3166 O fkWd n --SnYC10(i 1pct''4d?�l 41E-1. 0 C)I �ro e — y co/vs do •/eV VICTORIA M. ROADCAP, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW V. --I NO. 2005-1411 CIVIL TERM ma' cn = ­ ► + r-n ► r DANIEL A. ESHENOUR, Defendant : IN CUSTODY © �' PRAECIPE FOR WITHDRAWAL OF COUNS .. 4 Z: .. . . TO THE PROTHONOTARY: Please enter the withdrawal of the undersigned as counsel for Plaintiff in the above-captioned matter. Date: September 3, 2013 fMarcus A. night, III, Esq ' e Cou No. 25476 McK 60 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-249-2353 PRAECIPE FOR APPEARANCE OF COUNSEL TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Plaintiff in the above- captioned matter. Date: September 3, 2013 Wayn F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 \ '6\ VICTORIA M. ROADCAP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2005-1411 CIVIL ACTION - LAW DANIEL A. ESHENOUR, • Defendant : IN CUSTODY COURT ORDER AND NOW, this '2. day of September , 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves and the three minor children to a custody evaluation to be performed by an evaluator selected by the father. Cost of this evaluation shall initially be paid by the father, with the father reserving the right to request the Court at a later date to allocate a portion of the cost to the mother. The evaluation shall be an independent evaluation with the evaluator sharing the results with legal counsel for both parties. Upon the conclusion of the evaluation and in the event the parties are unable to reach an agreement at that point,counsel for either party may contact the Custody Conciliator directly to request either another Custody Conciliation Conference or request that the Conciliator refer the matter to the Court for a hearing. 2. Counsel for the parties may have contact with the evaluator to present information to the evaluator subject to the requirement that all such contact shall include copies of emails/correspondence to opposing counsel. 3. Pending further Order of this Court, this Court's prior Order of September 17, 2010, shall remain in place. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE ! _ ' , Thomas Placey, Judge cc: �ah Herman Snyder, Esquire Y � q Wayne F. Shade, Esquire aft ag /Vag LEct,_, (( fTl F rt rka :13 cj cn VICTORIA M. ROADCAP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2005-1411 CIVIL ACTION - LAW • DANIEL A. ESHENOUR, Defendant : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Isaac D.Eshenour,born January 15, 1998,Jacob A.Eshenour,born September 4, 1999 and Adam C. Eshenour, born September 29, 2000. 2. A Conciliation Conference was held on September 13, 2013, with the following individuals in attendance: The mother,Victoria M.Roadcap,with her counsel,Wayne F. Shade,Esquire,and the father, Daniel A. Eshenour, with his counsel, Hannah Herman Snyder, Esquire. 3. The parties are currently proceeding under a prior Order entered by Judge Hess from September 2010 which provided father with primary custody of the older child and the parties basically sharing 50/50 custody of the younger two boys. There have been some incidents in mother's life where her current husband was excluded from the home as a result of a PFA. Father is now suggesting that he should have primary custody of the minor children because of the situation at the mother's home and because of mother's history relative to bringing men in and out of the house. Mother suggests things have calmed down since the current husband is excluded from the home and mother is not willing to agree with father's request. 4. Father desires to have a custody evaluation performed. Mother does not believe a custody evaluation is necessary and,on that basis,is unwilling to contribute to the cost of an evaluation based upon her suggestion that she does not have sufficient financial resources. 5. Judge Placey handled hearings on the PFA and he would be most familiar with this case to handle it. 6. The Custody Conciliator recommends the entry of an Order in the form as attached. Date: September 0 , 2013 Hubert X. Gilr. /,Esquire Custody Co iliator