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HomeMy WebLinkAbout05-2557SUSAN PHELAN Plaintiffs, SHANNON PHELAN and BERTRAND ARTHUR WALTZ, JR, Defendants The Plaintiff is Susan Phelan, an adult individual currently residing at 1111 A Primrose Avenue, Camp Hill, Cumberland County, Pennsylvania 17013. 2. Defendant Shannon Phelan is an adult individual currently incarcerated in the Cumberland County Prison located at 1101 Claremont Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant Bertrand Arthur Waltz, Jr is an adult individual residing at 300 East Main Street #2, Hummelstown, Dauphin County, Pennsylvania 17036. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C)5 - a SS7 (21C.>L(?2 l CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 4. The Plaintiff seeks primary physical custody of the following children: NAME PRESENT RESIDENCE AGE Keeghan Murphy Waltz 1111 A Primrose Avenue Camp Hill, Pennsylvania 3 Maddach Elizabeth Waltz same as above Keeghan Waltz was born out of wedlock. Maddach Waltz was born during the marriage of the Defendants. The child is presently in the custody of Plaintiff, who resides at 1111 A Primrose Avenue, Camp Hill, Cumberland County, Pennsylvania 17013. During the three (3) past years, the children have resided with the following persons and at the following addresses: NAME ADDRESS DATES Mother and Father and Maternal Grandmother Mother, Father And Maternal Grandmother Mother and Maternal Grandmother 2919 Derry Street Harrisburg, PA 1111 A Primrose Ave. Harrisburg, PA 1111 A Primrose Ave. Harrisburg, PA Birth - July 2003 July 2003 - Oct. 2004 Oct. 2004 - present The mother of the child is Shannon Phelan, currently incarcerated in the Cumberland County Prison located at 1101 Claremont Drive, Carlisle, Cumberland County, Pennsylvania 17013. She is married. The father of the child is Bertrand Arthur Waltz, Jr., currently residing at 300 East Main Street #2, Hummelstown, Dauphin County, Pennsylvania. He is married. 5. The relationship of Plaintiff to the children is that of matemal Grandmother The Plaintiff currently reside with the following persons: NAME RELATIONSHIP Keeghan Murphy Waltz Granddaughter Maddach Elizabeth Waltz Granddaughter 6. The relationship of Defendants to the children is that of Mother and Father. The Defendants currently reside with the following persons: NAME Bertrand Waltz Shannon Phelan RELATIONSHIP Self Currently incarcerated 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. 8. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. Plaintiff seeks custody of the minor children under the authority of 23 Pa. C.S.A. §5313. 10. Plaintiff believes and therefore avers that custody rights vested in her would be in best interest of her grandchildren, and would not interfere with Defendants parent-child relationship. 11. Plaintiff has been actively involved in caring for the minor children since their birth. 12. On or about May 10, 2005, Defendant, Shannon Phelan, signed an Affidavit granting temporary custody of the minor children to Plaintiff. A true and correct copy of the Affidavit is attached hereto and incorporated herein as Exhibit "A". 13. The best interest and permanent welfare of the children will be served by granting the relief requested because the Plaintiff can provide a stable, safe, and secure environment and can provide for the child's emotional, psychological and spiritual needs. Further, the children view the Plaintiff as a source of stability, a source of love, and a source of emotional support. 14. Each parent whose parental rights to the children has 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 have been given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests the Court to grant primary physical custody of the children to the Plaintiff. Date: 5 -1 1 -( 5 Respectfully submitted, By: W? Melissa L. Van Eck, Esquire Attorney I.D. #85869 7810 Allentown Blvd., Suite B P. O. Box 6662 Harrisburg, PA 17112 Attorney for Plaintiff VERIFICATION I, Susan Phelan, verify that the statements made in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Susan Phelan 4 tJ C: ? SUSAN PHELAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-2557 CIVIL ACTION LAW SHANNON PHELAN AND BERTRAND ARTHUR WALTZ, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, May 26, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, June 27, 2005 __ at 1•.00 p.M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 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/ -Dawn S. Sunday, Est. i/VIA Custody Conciliator 1? The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 50 ,o - RECEIVED JUN 29105X L. SUSAN PHELAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. SHANNON PHELAN AND BERTRAND ARTHUR WALTZ, JR. Defendant 05-2557 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this J!` day of 2005, upon consideration of the attached Custody Conciliation Report, if is ordered and directed as follows: 1. The maternal Grandmother, Susan Phelan, the Father, Bertrand Arthur Waltz, Jr., and the Mother, Shannon Phelan, shall have shared legal custody of Keeghan Murphy Waltz, born April 23, 2002, and Maddach Elizabeth Waltz, born December 11, 2003. Each party shall have an equal right, to be exercised jointly with the other parties, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each party shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The maternal Grandmother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children every week on his days off from work, including Monday overnight and overnight on the second day of the week when the Father does not work. The Father's overnight periods of custody under this provision shall begin on July 3, 2005. Beginning on August 4, 2005, the Father shall also have custody of the Children every week on Thursday for an overnight period pending the second conciliation conference scheduled in this Order. 4. The parties agree that the Children shall continue to attend day care at Tender Loving Care Learning Center. The Father shall pick up the Children at daycare every day and either transport them to the maternal Grandmother's residence or to the Father's residence if it is a day on which the Father has custody. 5. The parties and their counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on August 23, 2005 at 9:00 a.m. The purpose of the conference shall be to assess the Children's adjustment to the Father's overnight periods of custody and to establish further custodial arrangements which will best serve the needs and interests of the Children. sq z Ord I I Inn soaz AbViOl",'OHIOdd 3Hi do 33aq0-G3Tj 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, -,444 cc: Melissa L. Van Eck, Esquire - Counsel for maternal Grandmother Elizabeth A. Hoffman, Esquire - Counsel for Father Shannon Phelan, Mothers eel ??? ?? SUSAN PHELAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. SHANNON PHELAN AND BERTRAND ARTHUR WALTZ, JR. Defendant 05-2557 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH Keeghan Murphy Waltz April 23, 2002 Maddach Elizabeth Waltz December 11, 2003 2. A conciliation conference was held on June 27, 2005, with the following individuals in attendance: The maternal Grandmother, Susan Phelan, with her counsel, Melissa L. Van Eck, Esquire, and the Father, Bertrand Arthur Waltz, Jr. (BJ), with his counsel, Elizabeth A. Hoffman, Esquire. The Mother, Shannon Phelan, who was incarcerated in the Cumberland County Prison at the time of the conference was not present but did receive notice of the conference by certified mail. 3. The parties agreed to entry of an Order in the form as attached. vhC o7 ?, dQ05 .1 Date Dawn S. Sunday, Esquire Custody Conciliator RECE!%EJ «; DC5 fAIA SUSAN PHELAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. SHANNON PHELAN AND BERTRAND ARTHUR WALTZ, JR. Defendant 05-2557 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this T? day of 2005, upon consideration of the attached Custody Conciliation R ort, it is ordered and directed as follows: 1. A Hear' is scheduled in Court Room No. 4 of the Cumberland County Courthouse on the y?' _day of p`?; y?i? , 2005, at /, , o'clock ,+2. in., at which time testimony will be taken. For purposes of the hearing, the maternal Grandmother, Susan Phelan, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated July 11, 2005 shall continue in effect as modified by this Order. 3. In the event that the Father adjusts his work schedule so that he is not working on Tuesdays, the Father's weekly periods of custody shall run from Sunday after his first work shift through Wednesday before school. The Father shall continue to pick up the Children after school as previously arranged by agreement between the parties. BY THE COURT, cc:i1 lissa L. Van Eck, Esquire- Counsel for maternal Grandmother lizabeth A. Hoffinan, Esquire - Counsel for Father ,.Xannon Phelan, Mother v? 7T /G1?- evin A. Hess J. c0 : i , i 1 1- cl -I'S S`'ul? SUSAN PHELAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. SHANNON PHELAN AND BERTRAND ARTHUR WALTZ, JR. Defendant Prior Judge: Kevin A. Hess 05-2557 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Keeghan Murphy Waltz April 23, 2002 Maddach Elizabeth Waltz December 11, 2003 Mother Mother 2. A conciliation conference was held on August 23, 2005, with the following individuals in attendance: The maternal Grandmother, Susan Phelan, with her counsel, Melissa L. Van Eck, Esquire, and the Father, Bertrand Arthur Waltz, Jr., with his counsel, Elizabeth A. Hoffinan, Esquire. The Mother, Shannon Phelan, was incarcerated at the time of the conference and is not represented by counsel in this matter. 3. This Court previously entered an Order in this matter on July 11, 2005 reflecting an agreement between the parties at an earlier conciliation conference, under which the maternal Grandmother had primary physical custody of the Children, with the Father having periods of custody every week on his days off from work (three overnights per week). A follow-up conference, which is the subject of this report, was scheduled at that time to review the arrangements in light of the Children's adjustment to the Father's overnight periods of custody. The Father had agreed to the foregoing schedule as an initial step toward his goal of eventually assuming primary custody of the Children while the Mother is incarcerated. 4. The parties were unable to reach an agreement at the conference and after a thorough discussion of options, including custody evaluation, mediation or counseling, it was determined that it will be necessary to schedule a hearing in this matter. 5. The matemal Grandmother's position on custody is as follows: The maternal Grandmother believes it would be in the Children's best interests to continue to reside with her at all times when the Father is not available to provide care for the Children due to his employment at a restaurant which entails substantial evening and nighttime hours. The Grandmother stated that she has provided care for the Children since their birth as both parents resided with the Grandmother until the parties separated in October 2004 and the Mother was incarcerated in April 2005. The Children have continued to reside primarily with the Grandmother since that time. The Grandmother believes she is the Children's major source of stability, love and support and that it would be detrimental to their welfare to transfer custody at this time. The Grandmother further expressed concern that one of the Children is having sleeping problems which have progressively worsened as the schedule expanded to three overnights per week for the Father. The Grandmother feels that at this time there is not sufficient structure and stability in the Father's routine, including employment in the evenings, to serve the Children's needs. The Grandmother indicated that when the Mother is released from prison, the Grandmother will remove herself from the custody situation so that arrangements can be made between the parents. The Grandmother indicated that she does not object to the Father having custody of the Children when he is available but believes that she should have custody of the Children, rather than the Father's parents with whom he resides, when the Father is unavailable due to his employment or otherwise. b. The Father's position on custody is as follows: The Father believes that the expanded schedule (three overnights per week) had been going well and the Children were adjusting without difficulty. The Father seeks to extend his periods of custody to five overnights per week and eventually to full primary custody with the maternal Grandmother having alternating weekend periods of custody. The Father believes that he, as the Children's parent, should be given preference as primary caregiver. The Father indicated that the Children are well cared for by his parents and sister when he goes to work in the evenings. The Father requests primary physical custody of the Children. 7. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter, which is expected to require at least one-half day. The Order also reflects the recommendations of the conciliator as to the custody arrangements pending hearing. Auc`l/ll 3 / ;Loos Date Dawn S. Sunday, Esquire Custody Conciliator SUSAN PHELAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW' NO. 05-2557 CIVIL SHANNON PHELAN and BERTRAND ARTHUR WALTZ, JR., Defendants IN CUSTODY ORDER AND NOW, this Z2 "'' day of December, 2005, after hearing, it is ordered and directed that the father, Bertrand A. Waltz, Jr., and the mother, Shannon Phelan, shall share legal custody of the children, Keeghan Murphy Waltz, born April 23, 2002, and Maddach Elizabeth Waltz, born December 11, 2003. 1. Commencing December 19, 2005, the father shall have primary physical custody of said children. The grandmother, Susan Phelan, shall have partial custody of the two minor children on alternating weekends beginning Friday after daycare and ending Monday morning. The grandmother's first custodial period will begin on December .16, 2005. 2. The father shall have custody of said children on Christmas Eve to Christmas Day at approximately 3:00 p.m. The grandmother shall have custody on Christmas Day from approximately 3:00 p.m. until the following day, December 26, 2005. The grandmother shall also have the children on Memorial Day weekend, beginning on Friday afternoon of the holiday and ending on the Tuesday after the holiday. Unless otherwise agreed, the father shall have custody of the children on all other holidays. 3. The father and grandmother shall share the day of the child's birthday unless they agree to celebrate the birthday together. 4-Lt ^^R q? y :01 letl N v ?',?,0 S?v ItL7 t." i'i"d a'tl1 ?Q 4. The father shall have custody of the children on Father's Day and the grandmother shall have custody of the children on Mother's Day so that they can visit their mother. 5. It appearing that the father, Bertrand A. Waltz, Jr., has a pending DUI charge, it is directed that he notify the grandmother in the event that he receives a sentence of incarceration of more than two days. BY THE COURT, Hess, J. Melissa L. Van Eck, Esquire For the Plaintiff Elizabeth A. Hoffman, Esquire For Defendant Father Am SUSAN PHELAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY NO. 05-2557 CIVIL ACTION LAW SHANNON PHELAN AND BERTRAND ARTHUR WALTZ, JR., ACTION IN CUSTODY Defendants STIPULATION F bR CUSTODY AND NQWL. this Stipulation for Custody between Plaintiff, Susan Phelan ("Grandmother") and Defendants, Shannon Phelan ("Mother") and Bertrand Arthur Waltz, Jr., ("Father") concerning lf"and physical custody of Keeghan Waltz, DOB April 23, 2002, and Maddache Waltz, DOB December 11, 2003, the parties hereby agree and stipulate as follows: 1. Mother and Father shall share legal custody of their children as such relates to their health, education and welfare. Further, the parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mutual Waltz Custody S&uk&n agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding the child back in school or authorizing enrollment in college. 2. Father shall have primary physical custody of the children. Mother shall assume the Grandmother's previously ordered periods of partial custody on alternating weekends beginning on Friday at 4:00 p.m. and continuing until Sunday evening at 6:00 p.m. 3. HOLIDAYS: a. Mother shall have Thanksgiving from 10:00 a.m. until 7:00 p.m. b. Father shall have Christmas Eve. C. Father shall have Christmas day until 6:00 p.m. Mother shall have Christmas from 6:00 p.m. until 7:00 p.m. on December 26. d. Father shall have New Years Eve. e. Mother shall have New Years Day from 12:00 until 7:00 p.m. f. Father shall have Easter morning Mother shall have Easter from 5:00 p.m. until 11:00 a.m. the following day. g. Mother's Day/Father"s Day: Father shall have Father's Day with the children. If Father's Day falls on Mother's weekend, Father shall have the day; time to be determined between the parties. Father shall have Mother's day in the morning. Mother shall have Mother's day 12:00 p.m. until 7:00 p.m.; and the same principal shall apply if it falls on Fathers weekend. h. Mother shall have Memorial Day. i. Father shall have Independence Day. j. Father shall have Labor Day. 4. Mother and Father will schedule a vacation time and provide notice to the other parent no less than 2 months in advance of the start of such period. 5. Each party agrees that the children will not be removed from the state without prior consent of the other party; parties also agree that consent will not be withheld to do so unreasonably. Parties agree to provide contact phone numbers and a location where such vacation is to take place. waft custody Straala*n • 6. The periods of partial custody for the holidays, vacations, and other special days set forth herein shall be in addition to and shall take precedence over but shall not alter the sequence of regular periods of partial custody previously set forth. 7. With respect to telephone calls, both parents agree to use common sense in scheduling telephone calls to talk to the children. Both parents agree to refrain from preventing the parent who may be calling from talking to the children, provided that the telephone calls are not excessively frequent or so long in duration that they disrupt the children's schedule. Messages left for the children or the other parent will be returned in a reasonable amount of time. 8. The Parent in custody of the children during a time designated as his/hers as per this Stipulation shall have the right to allow visitations with other persons including overnight visits as long as the children are in a safe situation and are being well cared for. 9. Parties agree that upon request of the other party, information regarding all persons having access to the children be provided. If either parent is uncomfortable with any persons having access to the children, a mutual agreement as to limited access for that person shall be reached. Both parties further agree that such objections shall be reasonable and rational and will not include family members or persons already residing with the children without just cause for such objection. 10. Each of the parties and any third party in the presence of the children shall take all appropriate measures to foster a feeling of affection between the children and the other party. Neither party shall, nor shall either parent permit any third person, to say anything which may estrange the children from the other parent or the relatives or injure the children's opinion of the other party or which may hamper the free and natural development of the children's love and respect for the other parent. Waltz Custody Stinul#n . A 11. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitations. 12. The welfare and convenience of the children shall be the prime considerations of the parties in any application of the provisions of this Order. Both parents shall listen carefully and consider the needs and wishes of the children, within reason, in addressing the custodial schedule, any changes to the schedule and any other parenting issues. 13. Each party agrees to consider the mental well being of the children when communicating with each other while the children are present. 14. The parties agree that this Stipulation is binding and agree to abide by the terms and conditions as set forth herein. Parties further agree that neither party will attempt to interfere with the custodial rights of the other party during their designated period of custody. 15. Mother agrees that during her periods of partial custody as set forth in this agreement Grandmother will provide all transportation. Mother further agrees that she will not operate any motor vehicle in which the children are passengers until such time as the Pennsylvania Department of Transportation has returned her driver's license to her. Transportation by someone other than the Grandmother is acceptable in emergency situations or by mutual agreement. 16. This stipulation is entered by the parties as a guideline for custody. The parties are free to change it with mutual agreement of such changes. Waltz Custody Stbulabon IN WITNESS WHEREOF, Plaintiff and Defendant set their hands and seals the date first written above. WITNESS: i o v, FO-11'y Z?4 z V? Lo ? il lz)g Susan Phelan Shannon Phelan Waft Custody Stwulation 2009, SEP 18 Ali- 6.4 3 JjJNTY E F" ', LAW OFFICES OF PETER J. RUSSO,P.C. 1`0 T#�C3�d0�H R V BY: Paul D. Edger, Esquire If!i j , y ` PA Supreme Court ID: 312713 J 1 1. 10 Peter J. Russo, Esquire "�O I?LA,1� PA Supreme Court ID: 72897 t t`jS YL4' 0 AgOU t Y Lindsay Gingrich-Maclay, Esquire PA Supreme Court ID: 87954 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Attorneys for Shannon Phelan SUSAN PHELAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHANNON PHELAN and : NO. 05-2557 CIVIL TERM BERTRAND ARTHUR WALTZ,JR., Defendant IN CUSTODY Prior Judge: Hon. Kevin A. Hess,J. PETITION FOR CONTEMPT AND NOW COMES the Defendant, Shannon Phelan, by and through her counsel, Paul D. Edger, Esquire, and the Law Offices of Peter J. Russo, P.C., and avers the following in support for her Petition for Contempt: 1. The Plaintiff was Susan Phelan, a deceased individual with a last known address of 1111A Primrose Avenue, Camp Hill, Cumberland County, Pennsylvania 17013. 2. The Defendant is Shannon Phelan (hereafter referred to as "Mother"), an adult individual with an address of 501 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. �{� 5318 %L � q►c�av 3. The Defendant is Bertrand Arthur Waltz, Jr. (hereafter referred to as "Father"), an adult individual with an address of 301 Kay Road Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. The above-named parties are the natural parents of Keeghan Waltz, who was born on April 23, 2002, and Maddach Waltz, who was born on December 11, 2003 (hereafter referred to as the "Children"). 5. A complaint for custody was originally filed on May 18, 2005, by the Children's maternal grandmother, due to Mother's incarceration at the time. A true and correct copy of the complaint in custody is attached hereto as Exhibit"A". 6. On June 27, 2005, the parties attended a conciliation before Dawn Sunday, Esquire, at which time an agreement was reached and entered as an Order of Court dated July 11, 2005, by the Honorable Judge Kevin A. Hess. A true and correct copy of the July 11, 2005 Order is attached hereto as Exhibit"B". 7. A follow-up conciliation was held before Dawn Sunday, Esquire on August 23, 2005, at which time no agreement could be reached between the parties concerning custody of the Children. 8. Following a trial held before Judge Hess, an Order of Court was entered on December 22, 2005, concerning custody of the Children. A true and correct copy of the December 22, 2005 Order is attached hereto as Exhibit"C". 9. The parties entered into a stipulation for custody on September 18, 2009. A true and correct copy of the September 18, 2009 stipulation is attached herein as Exhibit"D". 10. Paragraph one (1) of the September 18, 2009 Stipulation states, "Mother and Father shall share legal custody of their children as such relates to their health, education, and welfare. Further, the parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child...In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute."See Exhibit"D". 11. Mother was released from incarceration from SCI Muncie on November 22, 2010, after serving a conviction for driving on a suspended license. 12. Since Mother's release, Mother has been a large part of the Children's' life, with the few opportunities Father has afforded Mother. 13. Mother has made numerous attempts to contact the Children's' doctors and school, only to be notified that Mother's access was revoked by the Children's' step- mother, Jennifer Waltz, and that Mother was not permitted access to said records. 14. School officials have stated to Mother that Jennifer Waltz is shown on the Children's emergency contact and educational file as the Children's Mother. 15. Mother has requested Father and Mrs. Waltz to remove Mrs. Waltz as the Children's Mother on the appropriate documents and to allow Mother access to the Children's files. 16. Mother is currently unable to access or contact any of the Children's doctors or teachers due to Mrs. Waltz's self-designation of"Mother." 17. Father's allowance of Mrs. Waltz to continue to be recognized as the Children's Mother, therefore preventing Mother from accessing files permitted for a parent afforded shared legal custody places Father in contempt of Court. 18. Paragraph one (1) of the Stipulation states, "Each party agrees not to attempt to alienate the affections of the child from the other party."See Exhibit "D". 19. On numerous occasions, the Children have voluntarily, without Mother's request, stated that Mrs. Waltz has made remarks directed toward Mother. 20. The Children have shared with Mother that they get upset when Mrs. Waltz makes these statements about Mother, and have asked Mrs. Waltz to stop, which has been ignored by Mrs. Waltz. 21. The remarks have involved Mother not being the Children's Mother any longer, going back to prison, and other statements to the same effect, which emotionally and physically upset the Children. 22. Mrs. Waltz consciously and continuously makes these comments concerning Mother in the presence of the Children, knowing said comments upset the Children. 23. Father's permitting these statements to be made by Mrs. Waltz places Father in direct contempt of the Court. 24. Paragraph one (1) of the Stipulation states, "Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. See Exhibit"D". 25. At no time since 2010 has Mother ever been contacted by Father or Mrs. Waltz to be notified of an activity concerning the Children. 26. On numerous occasions, Mother does not find out about occasions until after the event has occurred. 27. Mother has and continues to check the school calendar for school events, but extracurricular activities are not posted on the school website, and thus the calendar of events are unknown to Mother outside of Father's sharing said information. 28. Mother strongly desires to take part and participate in the Children's activities, but is unable due to Father's refusal. 29. Father's refusal to notify Mother of activities concerning the Children places Father in contempt of Court. 30. Paragraph two (2) of the Stipulation states, "Father shall have primary physical custody of the children. Mother shall assume the Grandmother's previously ordered periods of partial custody on alternating weekends beginning on Friday at 4:00 p.m. and continuing until Sunday evening at 6:00 p.m."See Exhibit"D". 31. Between 2010 until the date of filing this Petition, Mother is only permitted, at a minimum, four(4) hours per alternating weekend with the Children. 32. Father and Mrs. Waltz have changed the day when Mother can see the Children, against Mother's wishes, with little to no notice to Mother. 33. Mother avers the changes in times and dates are merely to accommodate Father and Mrs. Waltz and not due to a circumstance which would limit or prevent Mother assuming custody of the Children. 34. Mother has on numerous occasions demanded to see the Children for longer periods of custody, to which Father, and specifically Mrs. Waltz, deny said request. 35. Mother is only permitted by Father to see the Children for a total of ten (10) hours per month, when the custody order grants alternating weekends. 36. Father's refusal to permit Mother custody of the Children places Father in contempt of Court. 37. Paragraph three (3) of the Stipulation states, "Mother shall have Thanksgiving from 10:00 a.m. until 7:00 p.m. Father shall have Christmas Eve. Father shall have Christmas day until 6:00 p.m. Mother shall have Christmas from 6:00 p.m. until 7:00 p.m. on December 26. Father shall have New Years Eve. Mother shall have New Years Day from 12:00 until 7:00 p.m. Father shall have Easter morning Mother shall have Easter from 5:00 p.m. until 11:00 a.m. the following day. Mother's Day/Father's Day: Father shall have Father's Day with the children. If Father's Day falls on Mother's weekend, Father shall have the day; time to be determined between the parties. Father shall have Mother's day in the morning. Mother shall have Mother's day 12:00 p.m. until 7:00 p.m.; and the same principal shall apply if it falls on Fathers weekend. Mother shall have Memorial Day..Father shall have Independence Day. Father shall have Labor Day."See Exhibit"D". 38. Since 2010, Mother has not been permitted to spend any holidays with the Children on the date and time permitted by the Stipulation. 39. Father's denial of Holidays with the Children places Father in contempt of Court. 40. Paragraph (4) of the Stipulation states, "Mother and Father will schedule a vacation time and provide notice to the other parent no less than 2 months in advance of the start of such period."See Exhibit"D". 41. At no time since 2010 has Father permitted Mother any additional time, other than the four (4) hours alternating weekends, in which Mother could take vacation with the Children. 42. Father did permit Mother one exception, when Mother had the Children for five (5)days to visit Rhode Island. 43. At no time since 2010 has Father notified Mother in advance of Father's taking the Children on vacation. 44. Father's denial of Mother having vacation time with the Children, as well as notifying Mother of Father's periods of vacation, places Father in contempt of Court. 45. Paragraph five (5) of the Stipulation states, "Each party agrees that the children will not be removed from the state without prior consent of the other party; parties also agree that consent will not be withheld to do so unreasonably. Parties agree to provide contact phone numbers and a location where such vacation is to take place."See Exhibit"D". 46. Between 2010 and the date of the filing of this Petition, Father has on numerous occasions removed the Children from the Commonwealth of Pennsylvania without previously notifying Mother. 47. Mother only learns of Father's leaving the State with the Children when the Children return from vacation, and eagerly and excitedly share their event with Mother. 48. Mother is continuously unaware of the Children leaving the state, and would be lost if an emergency should befall the Children or Father during their absence. 49. Father's failure to seek consent by Mother prior to leaving the State with the Children, including providing emergency contact where the Children will be present,places Father in contempt of Court. 50. Paragraph seven(7) of the Stipulation states, "With respect to telephone calls, both parents agree to use common sense in scheduling telephone calls to talk to the children. Both parents agree to refrain from preventing the parent who may be calling from talking to the children, provided that the telephone calls are not excessively frequent or so long in duration that they disrupt the children's schedule."See Exhibit"D". 51. During the four (4) hours that Mother has the Children, both Father and Mrs. Waltz on occasion will call the Children to speak with the children approximately three (3)times per custodial period. 52. Father and Mrs. Waltz also contact Mother to harass and badger Mother regarding issues not relating to the best interests of the children. 53. Father's permitting excessive and frequent phone calls for the extremely short custodial period granted to Mother by Father places Father in contempt of Court. 54. Paragraph nine (9) of the Stipulation states, "Parties agree that upon request of the other party, information regarding all persons having access to the children will be provided. If either parent is uncomfortable with any persons having access to the children, a mutual agreement as to limited access for that person shall be reached." See Exhibit"D". 55. On numerous occasions between 2010 and the date of the filing of this complaint, Mother has spoken with Father regarding who the Children are with. 56. Father himself is willing and open to discussing the requested information, but Mrs. Waltz responds in an angry and harassing tone regarding Mother's request, and ultimately denies such request as "frivolous." 57. Mother does not specifically request the information from Mrs. Waltz, Mrs. Waltz places herself into the position and "controls" the situation over Father, dictating that Mother speak with Mrs. Waltz rather than Father. 58. Father's permitting Mrs. Waltz to deny the requested information to Mother places Father in contempt of Court. 59. Paragraph ten (10) of the Stipulation states, "Each of the parties and any third party in the presence of the children shall take all appropriate measures to foster a feeling of affection between the children and the other party. Neither party shall, nor shall either parent permit any third person, to say anything which may estrange the children from the other parent or the relatives or injure the children's opinion of the other party or which may hamper the free and natural development of the children's love and respect for the other parent."See Exhibit "D". 60. On numerous occasions, the Children have voluntarily, without Mother's request, stated that Mrs. Waltz has made remarks concerning Mother. 61. The Children have shared with Mother they get upset when Mrs. Waltz makes these statements about Mother, and have asked Mrs. Waltz to stop. 62. The remarks have involved Mother not being the Children's Mother any longer, going back to prison, and other statements to the same effect which emotionally and physically upset the Children. 63. Father's permitting these statements to be made by Mrs. Waltz places Father in direct contempt of the Court. 64. Paragraph eleven (11) of the Stipulation states, "Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitations." See Exhbit «D„ 65. Mother is never contacted by Father concerning any change in residence, telephone, or concerning the welfare of the children. 66. Mother's only avenue to understand the wellbeing of the children is when the children freely and without any influence by Mother share information of their activities and wellbeing. 67. Father's refusal to keep Mother informed places Father in contempt of Court. 68. Mother believes the best interests of the Children are best served with the parties following the September 19, 2008, with minor modifications. 69. Mother has assumed extensive legal fees as a result of Father's purposeful and continuous violations of the Court Order. 70. Mother is simultaneously with the filing of this Petition for Contempt filing a Praecipe to change the caption of the matter to Shannon Phelan, Plaintiff versus Bertrand Arthur Waltz, Jr., Defendant, due to the Plaintiff Susan Phelan's being deceased, WHEREFORE, Mother respectfully requests the following: a. Father be held in contempt of the September 19, 2008 Stipulation; b. The terms of the September 19, 2008 Stipulation be followed, with slight modifications found to be in the best interests of the children; C. Father be responsible for reasonable counsel fees and costs due to his continued and purposeful contempt of himself and third parties; and d. Any other relief this Court finds just and proper. Respectfully submittecL BY: The w Of e f Peter I Russo, P.C. eter J. Russo, Esquire PA Supreme Court ID: 72897 Lindsay Gingrich-Maclay, Esquire PA Supreme Court ID: 87954 PPaul D. Edger, Esquire PA Supreme Court ID: 312713 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Date: May 6, 2013 Attorneys for Shannon Phelan VERIFICATION I, Shannon Phelan, verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: "U q 2 -J"' Shannon Phelan Exhibit "A" ra ' SUSAN PHELAN : IN THE COURT OF COMMON PLEAS Plaintiffs, : CUMBERLAND COUNTY,PENNSYLVANIA NO. OS' LL t SHANNON PHELAN and : CIVIL ACTION—CUSTODY BERTRAND ARTHUR WALTZ,JR, Defendants COMPLAINT FOR CUSTODY 1• The Plaintiff is Susan Phelan, an adult individual currently residing at 11 I 1 A Primrose Avenue,Camp Hill,Cumberland County,Pennsylvania 17013, 2. Defendant Shannon Phelan is an adult individual currently incarcerated in the Cumberland County Prison located at 1101 Claremont Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant Bertrand Arthur Waltz,Jr is an adult individual residing at 300 East Main Street#2, Hummelstown, Dauphin County, Pennsylvania 17036. 4. The Plaintiff seeks primary physical custody of the following children: NAME PRESENT RESIDENCE AGE Keeghan Murphy Waltz 1111 A Primrose Avenue 3 Camp Hill, Pennsylvania Maddach Elizabeth Waltz same as above 1 Keeghan Waltz was born out of wedlock. Maddach Waltz was born during the marriage of the Defendants. The child is presently in the custody of Plaintiff, who resides at 1111 A Primrose Avenue, Camp Hill, Cumberland County,Pennsylvania 17013. During the three(3)past years, the children have resided with the following persons and at the following addresses: NAME ADDRESS DATES Mother and Father 2919 Derry Street Birth—July 2003 and Maternal Grandmother Harrisburg, PA Mother, Father And Maternal Grandmother 1111 A Primrose Ave. July 2003 —Oct. 2004 Harrisburg, PA Mother and Maternal 1111 A Primrose Ave. Oct. 2004-present Grandmother Harrisburg,PA The mother of the child is Shannon Phelan,currently incarcerated in the Cumberland County Prison located at l 101 Claremont Drive,Carlisle,Cumberland County,Pennsylvania 17013. She is married. The father of the child is Bertrand Arthur Waltz, Jr., currently residing at 300 East Main Street#2, Hummelstown,Dauphin County,Pennsylvania. He is married. 5. The relationship of Plaintiff to the children is that of maternal Grandmother The Plaintiff currently reside with the following persons: NAME RELATIONSHIP Keeghan Murphy Waltz Granddaughter Maddach Elizabeth Waltz Granddaughter b. The relationship of Defendants to the children is that of Mother and Father. The Defendants currently reside with the following persons: NAME RELATIONSHIP Bertrand Waltz Self Shannon Phelan Currently incarcerated 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. 8. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. Plaintiff seeks custody of the minor children under the authority of 23 Pa. C.S.A. §5313. 10. Plaintiff believes and therefore avers that custody rights vested in her would be in best interest of her grandchildren,and would not interfere with Defendants parent-child relationship. 11. Plaintiff has been actively involved in caring for the minor children since their birth. 12. On or about May 10,2005,Defendant,Shannon Phelan,signed an Affidavit granting temporary custody of the minor children to Plaintiff. A true and correct copy of the Affidavit is attached hereto and incorporated herein as Exhibit"A". 13. The best interest and permanent welfare of the children will be served by granting the relief requested because the Plaintiff can provide a stable, safe, and secure environment and can provide for the child's emotional,psychological and spiritual needs. Further,the children view the Plaintiff as a source of stability,a source of love,and a source of emotional support. 14. Each parent whose parental rights to the children has 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 have been given notice of the pendency of this action and the right to intervene: None. WHEREFORE,Plaintiff requests the Court to grant primary physical custody of the children to the Plaintiff. Respectfully submitted, By:_I �JVL Melissa L. Van Eck,Esquire Attorney I.D. #85869 781 Q Allentown Blvd., Suite B P. O. Box 6662 Harrisburg,PA 17112 tt �l Date: Attorney for Plaintiff �"1 1 'V�' 4 VERIFICATION I, Susan Phelan,verify that the statements made in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Susan Phelan �-/ I f (77) o, ::t Exhibit ` B " RECEIVED JUN 2 9 2005 X L SUSAN PHELAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA VS. 05-2557 CIVIL ACTION LAW SHANNON PHELAN AND BERTRA.ND ARTHUR WALTZ,JR. Defendant IN CUSTODY ORDER OF COURT AND NOW, this J!'" day of L , 2005, upon consideration of the attached Custody Conciliation Re�t is ordered and directed as follows: 1. The maternal Grandmother, Susan Phelan,the Father,Bertrand Arthur Waltz,Jr., and the Mother, Shannon Phelan,shall have shared legal custody of Keeghan Murphy Waltz,born April 23,2002, and Maddach Elizabeth Waltz,born December 11, 2003. Each party shall have an equal right, to be exercised jointly with the other parties,to make all major non-emergency decisions affecting the Children's general well-being including,but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each party shall be entitled to all records and information pertaining to the Children including,but not limited to, school and medical records and information. 2. The maternal Grandmother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children every week on his days off from work, including Monday overnight and overnight on the second day of the week when the Father does not work. The Father's overnight periods of custody under this provision shall begin on July 3,2005. Beginning on August 4, 2005, the Father shall also have custody of the Children every week on Thursday for an overnight period pending the second conciliation conference scheduled in this Order. 4. The parties agree that the Children shall continue to attend day care at Tender Loving Care Learning Center. The Father shall pick up the Children at daycare every day and either transport them to the maternal Grandmother's residence or to the Father's residence if it is a day on which the Father has custody. 5. The parties and their counsel shall attend an additional custody conciliation conference in the office of the conciliator,Dawn S. Sunday, on August 23,2005 at 9:00 a.m. The purpose of the conference shall be to assess the Children's adjustment to the Father's overnight periods of custody and to establish further custodial arrangements which will best serve the needs and interests of the Children. 6.This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent,the terms of this Order shall control. BY THE COURT, J. cc: Melissa L. Van Eck,Esquire-Counsel for maternal Grandmother Elizabeth A.Hoffman,Esquire-Counsel for Father Shannon.Phelan,Mother FILED-0 ICE OF THE FP?,)TtirigoT&gy 2005 JUL I I PM 2.' G 5 .'t�rr[�«<`l��;`,Nub SUSAN PHELAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA VS. 05-2557 CIVIL ACTION LAW SHANNON PHELAN AND BERTRAND ARTHUR WALTZ,JR, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8,the undersigned Custody Conciliator submits the following report: 1.The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH Keeghan Murphy Waltz April 23, 2002 Maddach Elizabeth Waltz December 11, 2003 2. A conciliation conference was held on June 27, 2005, with the following individuals in attendance: The maternal Grandmother, Susan Phelan, with her counsel,Melissa L. Van Eck, Esquire, and the Father, Bertrand Arthur Waltz, Jr. (BJ), with his counsel, Elizabeth A. Hoffman, Esquire. The Mother, Shannon Phelan, who was incarcerated in the Cumberland County Prison at the time of the conference was not present but did receive notice of the conference by certified mail. 3. The parties agreed to entry of an Order in the form as attached. y n;" rrl w7, o7op G _ Date Dawn S. Sunday,Esquire Custody Conciliator Exhibi.t "C." . SUSAN PHELAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION—LAW NO. 05-2557 CIVIL SHANNON PHELAN and BERTRAND ARTHUR WALTZ, JR., Defendants IN CUSTODY ORDER AND NOW,this Z Z day of December, 2005,after hearing, it is ordered and directed that the father,Bertrand A. Waltz,Jr., and the mother, Shannon Phelan, shall share legal custody of the children,Keeghan Murphy Waltz,born April 23,2002, and Maddach Elizabeth Waltz,born December If,2003. 1. Commencing December 19,2005, the father shall have primary physical custody of said children. The grandmother,Susan Phelan,shall have partial custody of the two minor children on alternating weekends beginning Friday after daycare and ending Monday morning. The grandmother's first custodial period will begin on December 16, 2005. 2. The father shall have custody of said children on Christmas Eve to Christmas Day at approximately 3:00 p.m. The grandmother shall have custody on Christmas Day from approximately 3:00 p.m. until the following day, December 26,2005. The grandmother shall also have the children on Memorial Day weekend, beginning on Friday afternoon of the holiday and ending on the Tuesday after the holiday. Unless otherwise agreed, the father shall have custody of the children on all other holidays. 3. The father and grandmother shall share the day of the child's birthday unless they agree to celebrate the birthday together. 4. The father shall have custody of the children on Father's Day and the grandmother shall have custody of the children on Mother's Day so that they can visit their mother. 5. It appearing that the father, Bertrand A. Waltz,Jr., has a pending DUI charge, it is directed that he notify the grandmother in the event that he receives a sentence of incarceration of more than two days.. BY THE COURT, Kevi . Hess, J. Melissa L. Van Eck,Esquire For the Plaintiff Elizabeth A. Hoffman, Esquire For Defendant Father :rhn k R FILED-Gr-FiCE OF ?1'i c P. r � 2005 DEC 22 AN 10: 35 Exhibit "D" SUSAN PHELAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY NO.05-2557 CIVIL ACTION LAW SHANNON PHELAN AND BERTRAND ARTHUR WALTZ,JR., ACTION IN CUSTODY Defendants : STIPULATION P1bR CUSTODY AND NOWL, this Stipulation for Custody between Plaintiff, Susan Phelan ("Grandmothee)and Defendants, Shannon Phelan("Mother")and Bertrand Arthur Waltz,Jr., ("Father") concerning le 'and physical custody of Keeghan Waltz, DOB April 23, 2002, and Maddache Waltz, DOB December 11, 2003, the parties hereby agree and stipulate as follows: 1. Mother and Father shall share legal custody of their children as such relates to their health, education and welfare. Further, the parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not io impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each parry shall be entitled to complete and full information from any doctor,dentist,teacher,professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mutual Waltz Custody Shinplartton 1 ♦ 1 1 agreement should be made,in advance,regarding the following matters: enrollment tor termination in a particular school or school program, advancing or holding the child back in school or authorizing enrollment in college. 2. Father shall have primary physical custody of the children. Mother shall assume!the Grandmother's previously ordered periods of partial custody on alternating weekends beginning on Friday at 4:00 p.m. and continuing until Sunday evening at 6:00 p.m. 3. HOLIDAYS: a. Mother shall have Thanksgiving from 10:00 a.m.until 7:00 p.m. b. Father shall have Christmas Eve. C. Father shall have Christmas day until 6:00 p.m. Mother shall have Christmas from 6:00 p.m. until 7:00 p.m.on December 26. d. Father shall have New Years Eve. e. Mother shall have New Years Day from 12:00 until 7:00 p.m. £ Father shall have Easter morning Mother shall have Easter from 5:00 p.m. until 11:00 a.m.the following day. g. Mother's Day/Father's Day: Father shall have Father's Day with the children. If Father's Day falls on Mother's weekend, Father shall have the day; time to be determined between the parties. Father shall have Mother's day in the morning. Mother shall have Mother's day 12:00 p.m. until 7:00 p.m.; and the same principal shall apply if it falls on Fathers weekend. h. Mother shall have Memorial Day. i. Father shall have Independence Day. j. Father shall have Labor Day. 4. Mother and Father will schedule a vacation time and provide notice to the other parent no less than 2 months in advance of the start of such period. 5. Each party agrees that the children will not be removed from the state without prior consent of the other party; parties also agree that consent will not be withheld to do so unreasonably. Parties agree to provide contact phone numbers and a location where such vacation is to take place. Waltz Cxsto y Stipulation 6. The periods of partial custody for the holidays, vacations, and other special days set forth herein shall be in addition to and shall take precedence over but shall not alter the sequence of regular periods of partial custody previously set forth. 7. With respect to telephone calls, both parents agree to use common sense in scheduling telephone calls to talk to the children. Both parents agree to refrain from preventing the parent who may be calling from talking to the children, provided that the telephone calls are not excessively frequent or so long in duration that they disrupt the children's schedule. Messages left for the children or the other parent will be returned in a reasonable amount of time. 8, The Parent in custody of the children during a time designated as his/hers as per this Stipulation shall have the right to allow visitations with other persons including overnight visits as long as the children are in a safe situation and are being well cared for. 9. Parties agree that upon request of the other party, information regarding all persons having access to the children be provided. If either parent is uncomfortable with any persons having access to the children, a mutual agreement as to limited access for that person shall be reached. Both parties further agree that such objections shall be reasonable and rational and will not include family members or persons already residing with the children without just cause for such objection. 14. Each of the parties and any third party in the presence of the children shall take all appropriate measures to foster a feeling of affection between the children and the other party. Neither party shall, nor shall either parent permit any third person, to say anything which may estrange the children from the other parent or the relatives or injure the children's opinion of the other party or which may hamper the free and natural development of the children's love and respect for the other parent. Waltz Custody Sdoglation M y 4 11. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitations. 12. The welfare and convenience of the children shall be the prime considerations of the parties in any application of the provisions of this Order. Both parents shall listen carefully and consider the needs and wishes of the children,within reason, in addressing the custodial schedule, any changes to the schedule and any other parenting issues. 13. Each party agrees to consider the mental well being of the children when communicating with each other while the children are present. 14. The parties agree that this Stipulation is binding and agree to abide by the terms and conditions as set forth herein. Parties fitrther agree that neither party will attempt to interfere with the custodial rights of the other party during their designated period of custody. 15. Mother agrees that during her periods of partial custody as set forth in this agreement Grandmother will provide all transportation. Mother further agrees that she will not operate any motor vehicle in which the children are passengers until such time as the Pennsylvania Department of Transportation has returned her driver's license to her. Transportation by someone other than the Grandmother is acceptable in emergency situations or by mutual agreement. 16. This stipulation is entered by the parties as a guideline for custody. The parties are fine to change it with mutual agreement of such changes. Waltz Custody Sty- V. IN WITNESS WHEREOF, Plaintiff and Defendant set their hands and seals the date first written above. WETNESS: _-eVt �0-( � Susan Phelan Shannon Phelan Lo y Bertrand Arthur waltz,Jr. w�custody&kmfgfon Y t FILED-t TICE OF THE PD,,O ^ND?AAY ZOOS SEP SUSAN PHELAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION- LAW SHANNON PHELAN and NO. 05-2557 CIVIL TERM BERTRAND ARTHUR WALTZ,JR., Defendant : IN CUSTODY CERTIFICATE OF SERVICE 1, Derek M. Strouphauer, hereby certify that I am on this day serving a copy of the foregoing documents upon the person(s) listed below via US Regular Mail, and addressed as follows: Bertrand Arthur Waltz,Jr.,Pro Se 301 Kay Road Mechanicsburg, PA 17055 Q, elk Date: M. uphauer, Paral—eg–al--- SUSAN PHELAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIIA� V. MM � . 2005-2557 CIVIL ACTION LAW MM M` SHANNON PHELAN,BERTRAND ARTHUR t-- WALTZ,JR. IN CUSTODY DEFENDANT , ? ;� + CA :. :x ORDER OF COURT AND NOW, Monday,May 13,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S.Sunday,Esq. ,the conciliator, at 39 West Main Street,Mechanicsburg,PA 17055 on Tuesday,June 18,2013 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 hearing. FOR THE COURT, By: /s/ Daum S. Sunday,Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY.AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR.TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ' r Cumberland County Bar Association fS �( — 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 13. //.3//.3 -=rryl . 3 SUSAN PHELAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2005-2557 CIVIL ACTION LAW SHANNON PHELAN, BERTRAND ARTHUR WALTZ, JR. M Defendants IN CUSTODY � M C-) ORDER OF COURT AND NOW, this Z� day of j 0 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated December 22, 2005 and the subsequent Stipulation filed on September 18, 2009 are vacated and replaced with this Order. 2. The Mother, Shannon Phelan, and the Father, Bertrand Waltz, Jr., shall have shared legal Ostody of Keeghan Waltz, born in 2002, and Maddach Waltz, born in 2003. Major decisions I oncerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5336, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Father shall have primary physical custody of the Children. 4. The Mother shall have partial physical custody of the Children in accordance with the following schedule: A. Beginning on Saturday June 29, 2013, the Mother shall have custody on alternating weekends from Saturday between 11:00 a.m. and 12:00 noon until Sunday at 4:00 p.m. for five periods of custody. B. After the Mother has exercised all five of her custodial periods under subparagraph A, the Mother shall have custody of the Children on alternating weekends on an ongoing basis from Friday at 6:00 p.m. until Sunday at 4:00 p.m. C. In the event either party believes that it is necessary to alter (delay or expedite) the progression of the partial custody schedule as set forth in this provision due to the Children's adjustment needs, the parties shall cooperate in adjusting the schedule in order to meet the Children's needs by agreement. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. Thanksgiving: The Father shall have custody of the Children for Thanksgiving Day each year and the Mother shall have custody for the last two days of the Thanksgiving holiday break from school, with the specific times for exchanges to be arranged by agreement. B. Christmas: The Father shall have custody of the Children for Christmas Day each year and the Mother shall have custody for three full days (two overnights), during the school holiday break, with the specific days to be arranged by agreement between the parties. C. Easter: The Father shall have custody of the Children for Easter each year. In the event Easter falls on the Mother's regular alternating weekend, the parties shall exchange weekends by agreement so that the Mother does not lose her weekend period of custody. D. Mother's Day/Father's Day: The Mother shall have custody of the Children for Mother's Day every year and the Father shall have custody of the Children for Father's Day every year. E. Memorial Day/Labor Day: In every year, the Mother shall have custody of the Children for Memorial Day and the Father shall have custody of the Children for Labor Day, with the specific arrangements to be made by agreement. F. July Fourth: The Father shall have custody of the Children for July Fourth each year and the parties shall exchange weekends in the event that July Fourth falls on the Mother's regular weekend period of custody. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. In 2013, the Mother shall have a period of vacation custody with the Children from August 2 through August 6, and the Father shall schedule his vacation time during his regular periods of custody. Beginning in 2014 and continuing thereafter, each party shall be entitled to have vacation custody with the Children for two nonconsecutive weeks each year upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. Each parent shall schedule his or her periods of vacation to include that parent's regular alternating weekend period of custody, unless otherwise agreed. 7. In the event the Mother is unavailable during her period of custody for one hour or longer, the Mother shall first offer the Father the opportunity to provide care for the Children before contacting third party caregivers. In the event the Father and his wife are both unavailable to provide care for the Children during the Father's period of custody for one hour or longer, the Father shall first offer the Mother the opportunity to provide care for the Children before contacting third party caregivers. 8. The Mother agrees that she shall not work during her periods of custody with the Children. 9. The non-custodial parent shall be entitled to have liberal reasonable telephone contact with the Children. 10. Both parties shall refrain from smoking in the residence or motor vehicle when the Children are present, and shall ensure that third parties in the house or vehicle comply with this provision. 11. The Mother shall refrain from consuming alcohol immediately before or during periods of custody with the Children. The Father shall refrain from consuming alcohol to the point of intoxication during periods of custody with the Children. 12. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 13. Unless otherwise agreed, the parent relinquishing custody of the Children shall be responsible to provide transportation for the exchange of custody. 14. The parties shall ensure that the Children are transported only by individuals who have a current valid driver's license. 15. No party shall be permitted to relocate the residence of the Child if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 16. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of mutual consent in writing, the terms of this Order shall control. BY THE COURT, .-, w ),L Kevin A ess J. cc: ✓JJ es Miller, Esquire—Counsel for Father /Paul Edger, Esquire—Counsel for Mother �O� � ae/.3 Paul Edger, Esquire 5006 East Trindle Road Suite 203 Mechanicsburg, PA 17050 James Miller, Esquire 4 South 17`" St. Camp Hill PA 17011 SUSAN PHELAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2005-2557 CIVIL ACTION LAW SHANNON PHELAN, BERTRAND ARTHUR WALTZ, JR. Defendants IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Keeghan Waltz 2002 Father Maddach Waltz 2003 Father 2. A custody conciliation conference on the Mother's Petition for Contempt was held on June 18, 2013, with the following individuals in attendance: the Mother, Shannon Phelan, with her counsel, Paul Edger, Esquire, and the Father, Bertrand Arthur Waltz, Jr., with his counsel, James Miller, Esquire. The original Plaintiff, who is the maternal grandmother, Susan Phelan, is now deceased. The parents agree that the caption in this matter should be amended to reflect the parents only as the parties and it is anticipated that counsel for the parties will take the necessary steps to amend the caption. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator