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HomeMy WebLinkAbout05-3322BRANDI LYNN WEISS, PLAINTIFF V. ZACHARY T. WHITTAKER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 } - 137-2 CIVIL ACTION - CUSTODY AND NOW, comes Plaintiff, Brandi Lynn Weiss, by and through her counsel SMIGEL, ANDERSON & SACKS, LLP, and files the following Complaint for Custody: 1. Plaintiff is Brandi Lynn Weiss, currently residing at 12 Dartmouth Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Zachary T. Whittaker, residing at 313 Liberty Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks custody of the following child: Age Layla Elizabeth Lynn Weiss 313 Dartmouth Court, Mechanicsburg, PA 17055 1 '/2 months 4. 5. addresses: Persona The child was born out of wedlock. The child is presently in the custody of Defendant. Since birth, the child has resided with the followiing persons and at the following Brandi Lynn Weiss 12 Dartmouth Court, Mechanicsburg, PA 17055 05/09/05-present 6. The mother of the child is Plaintiff. She is not married to the father of the child, Defendant. The relationship of Plaintiff to the child is that of Mother. Plaintiff currently resides alone. 8. The relationship of Defendant to the child is that of Father. Defendant currently resides with the following persons: Nnm Billy Palmer Kyle Palmer Mark Schriber Defendant's girlfriend Defendant's girlfriend's minor child Defendant's friend 9. 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. 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 who claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff is a fit parent. B. Placing custody with Plaintiff will provide continuity, stability and certainty to the child's life. C. Defendant is unstable and has demonstrated an inability to act in the minor child's best interests. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests this Court to grant legal and physical custody of the child to her. Date: l 0 Respectfully submitted, SMIGEL ANDERSON & SACKS B Ann V. Levin, Esquire I.D. #: 70259 James R. Demmel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff x rr, c 7 ' /AVllsmm/June 29, 2005 1:50 PM BRANDI LYNN WEISS, PLAINTIFF V. ZACHARY T. WHITTAKER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Brandi Lynn Weiss, by and through her counsel, SMIGEL, ANDERSON & SACKS, LLP, and files this Emergency Petition for Special Relief and avers as follows: 1. Petitioner is Brandi Lynn Weiss, Plaintiff in the above-captioned custody action filed June 29, 2005. 2. Petitioner (hereinafter "Mother") currently resides at 12 Dartmouth Court, Mechanicsburg, Cumberland County, Pennsylvania 17055 and has lived there since on or about March 2005. 3. Respondent is Zachary T. Whittaker, Defendant in the above-captioned custody action filed June 29, 2005. 4. Respondent (hereinafter "Father") currently resides at 313 Liberty Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050 and has lived there since on or about June 26, 2005. 5. Petitioner and Respondent are the parents of one child, Layla Weiss (hcrcinalter "minor child"), born May 9, 2005. 6. The minor child has resided exclusively with Mother since birth. 7. Mother has been the sole provider and caretaker for the minor child since birth. R44s-) 4 8. From May 9, 2005 through June 28, 2005, Mother permitted Father mostly supervised contact with the minor child at her residence. 9. On June 28, 2005, Father was at Mother's residence for a visit with the minor child. 10. Father asked Mother to get him something to eat. Mother left the residence briefly to do so. When Mother returned 5 minutes later, Father and her seven-week-old infant were gone. 11. Mother asked Father to return the minor child, but he refused. 12. Father did not tell Mother he would be leaving with the minor child. 13. Mother contacted Father on his cellphone at approximately 11:00 p.m. on June 28, 2005. Father was in his car and said he was going someplace where Mother would not be able to find him. 14. Father is currently not working. 15. Father resides in a three-bedroom apartment with two other adults and a toddler. 16. Father does not own a car seat, crib, or other necessary baby care items. 17. Mother exclusively nurses her infant daughter except for approximately three ounces of formula per day. 18. Mother last nursed her daughter at 3:30 p.m. on June 28, 2005. 19. Father is not aware of the child's eating schedule. 20. Father has a history of driving while under the influence of alcohol. 21. Father has criminal charges pending against him in Dauphin County related to the death of his former girlfriend in connection with a drunk driving charge. 22. Father has a history of abuse. Another of Father's former girlfriends has a PFA order against him in Dauphin County. 8445-1-4 23. Father has exhibited aggressive and violent behavior towards Mother. 24. Father tried to remove the minor child from Mother's vehicle following a verbal argument with Mother, 25. Father is angry because Mother filed for child support. 26. Father told Mother that he was dishonorably discharged from the U.S. Army in 2001, following a kidnapping charge against him for taking a former girlfriend's son who was two or three years old at the time. 27. Father also resides with Mark Schriber. Mark Schriber is on probation for charges related to vandalism and theft. 28. Mark Schriber was recently involved in assisting Father in blocking Mother's vehicle, while the minor child was in the vehicle. 29. Father also resides with Billy Palmer. Father has told Mother that Billy has attempted suicide on two occasions, once as recently as two months ago. 30. Father and Billy have been intoxicated previously and Mother believes they will continue this behavior even while the minor child is in his exciusive care. 31. Mother does not believe that Father's home is suitable for the minor child. 32. It is in the best interests of the child to return to Petitioner's care and custody. 33. Pursuant to Pa. R.C.P. 1915.13, the court may grant "appropriate interim or special relief," including the award of temporary custody. WHEREFORE, Petitioner respectfully requests this Honorable Court issue an Order: A. Providing primary physical custody of the minor child to Petitioner; 8445-1-4 B. Requiring Respondent to immediately return the minor child to Petitioner's care and custody; C. Providing Respondent with periods of supervised visitation as the parties can agree pending a conciliation conference; D. Directing the Lower Allen Township and Silver Spring Township police departments to assist Petitioner in regaining and retaining custody of the minor child. Date: 6 - )-f - y Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP By: Ann V. Levin, Esquire I.D. #: 70259 James R. Demmel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff/Petitioner VERIFICATION I, Brandi Lynn Weiss, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: (G-J9- U l`Weis's randi Lynn 8445-1-1 BRANDI LYNN WEISS, PLAINTIFF V. ZACHARY T. WHITTAKER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Emergency Petition for Special Relief on the Defendant by placing same in the U.S. Certified Mail, postage paid on the P-24- day of June, 2005, addressed as follows: ZACHARY T. WHITTAKER 313 LIBERTY COURT MECHANICSBURG, PA 17050 SMIGEL, ANDERSON & SACKS, LLP By: Ann V. Levin, Esquire LD. 9-70259 James R. Demmel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff/Petitioner ./" ?A '-?a ?} `Z' ? ,tr, ? ?-?, (7 u?R -?.::. Q ?,t; ?ry ;-, S na ?? ?:. N Q? 0 ?? ? ?r .`R. 8445-1-4 BRANDI LYNN WEISS, PLAINTIFF v. ZACHARY T. WHITTAKER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 40S'•- 33,;?-.? CIVIL ACTION - CUSTODY ORDER AND NOW, this day of 1!!^ _, 2005, upon consideration of the attached Emergency Petition for Special Relief, it is hereby ORDERED and DECREED that: A. Primary physical custody of the minor child is provided to Petitioner; B. Respondent shall immediately return the minor child to Petitioner's care and custody; C. Respondent shall have periods of supervised visitation as the parties can agree pending a conciliation conference; A& "44-4%'., C). The Lower Allen Township and Silver Spring shall assist Petitioner in regaining and retaining custody of the minor child. ??- C-A M 30 BY' E CO T 0 U ?no1 ?: A ?• ?? 17013 J. \ ltvln o??ut re y 3 t MWASNN3d AiNnon F'?F Ni10 9£ :£ Wd R Nnr SOUZ X9VIONOHICW,3H130 30W"3113 BRANDI LYNN WEISS, Plaintiff V. ZACHARY T. WHITTAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3322 CIVIL TERM CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 1st day of July, 2005, after a conference with the parties, we enter the following order, which is intended to be temporary only, and may be changed by agreement of the parties at conciliation or by this Court after a full hearing on the merits: 1. The parties shall have joint legal custody of the minor child, Layla Weiss, born May 9, 2005. 2. Mother shall have primary physical custody of the child. 3. Father may visit with the child while Mother is at work each day from 8:00 a.m. until 17.:30 a.m., or from noon until 3:00 p.m., at his choice. He may pick the child up at daycare on Base as long as he returns the child to daycare by the return time set forth above. This Order was entered to restore the status quo before the filing of the emergency petition. It in no way is meant to prejudice the rights or position of either party in the custody case. As indicated above, if the parties are unable to reach an agreement, we will enter an appropriate Order based upon a full hearing on the later date. Edward E. Guido, J. .. VIf i lj0XQM d zs z Wa i - IN soaa 3??0-Cf3lt?. Richard C. Gaffney, Esquire For the Plaintiff Zachary T. Whittaker 313 Liberty Court Mechanicsburg, PA 17050 Defendant, Pro se srs BRANDI LYNN WEISS, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V, NO. 05-3322 ZACHARY T. WHITTAKER, DEFENDANT CIVIL ACTION - CUSTODY RETURN OF SERVICE Onthe the,-dayof Jyn'? 2005, at ,,(/O o'clock P .m., I, Jolm P. Gaspich, served7-,: s,,,?T li?n?'7?/Yr< `. with the foregoing Complaint for Custody and Emergency Petition for Special Relief by: ?y /1 /fir ! ?JCf 44 s G !f- / ? ?/?c 2t /'Q r12: Gh.c' Mm7 -,.?F--•cc.r? rif- _..J ? /r%.c ??v'..rC1 / J ?!'e I verify that the statements in this Return of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. Date: 6 05- John P. Gaspich cJ+ c' Cr1 ? ?- f? BRANDI LYNN WEISS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ZACHARY T. WHITTAKER DEFENDANT 05-3322 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 07, 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 Wednesday, August 03, 2005 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sundays'sq. J? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VINP /PI,ISP;N 3d )d4Nn r ?.r ?fivPO I S .g Nd L- lAr SON kWiCNIORLGdd 3HI ?0 301140-03113 BRANDI LYNN WEISS, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBEF:LAND COUNTY, PENNSYLVANIA V. NO. 05-3522 ZACHARY T, WHITTAKER, DEFENDANT CIVIL ACTION - CUSTODY RETURN OF SERVICE On the fit, day ofs"&/ , 2005, at/27•7 Y_ o'clock '(1-;2 .m., I, John P. Gaspich, served 1 444nW#&te_, with the foregoing Order of Court by: i-2 0sv I verify that the statements in this Return of Service are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa..C.S.A. § 4904 relating to unswom falsification to authorities. Date: ?? J??? yD ??? J _ John P. aspich-? RECEIVED AUG 0 8 2005 BRANDI LYNN WEISS Plaintiff vs. ZACHARY T. WHITTAKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-3322 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated July 1, 2005 is vacated and replaced with this Order. 2. The Mother, Brandi Lynn Weiss, and the Father, Zachary T. Whittaker, shall have shared legal custody of Layla Elizabeth Lynn Weiss, born May 9, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody with the Child while the Mother is at work each day from 8:00 a.m. until 11:30 a.m., or from 12:00 noon until 3:30 p.m., at his choice. The Father shall exercise his periods of custody under this provision at the Army Base and shall not remove the Child from the premises, except as arranged by agreement between the parties. 5. The Father shall not drive with the Child in the vehicle. 6. 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. 7. The Father may file a request for the scheduling of an expedite necessary, to review the custody arrangements. r BY THE COURT, Edward . ido J. cc:,Xichard C. Gaffney, Esquire - Counsel for Mother /Zachary T. Whittaker, Father d if V VINVAIASNN3d s 1 :6 NV 6- 9nV 3001 , 8VIONOHiOdd 3U JO 3013.10 BRANDI LYNN WEISS Plaintiff VS. ZACHARY T. WHITTAKER Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-3322 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Layla Elizabeth Lynn Weiss May 9, 2005 CURRENTLY IN CUSTODY OF Mother 2. A conciliation conference was held on August 3, 2005, with the following individuals in attendance: The Mother, Brandi Lynn Weiss, with her counsel, Richard C. Gaffney, Esquire. The Father, Zachary T. Whittaker, who is not represented by counsel in this matter, did not attend the conference. The office of the Father's attorney in a criminal matter contacted the conciliator's office to advise that the Father was at trial on the day of the conciliation conference. The conciliator was informed that the criminal attorney does not represent the Father in the custody matter and no request was made that the conference be rescheduled. 3. This Court previously entered a temporary Order in this matter on July 1, 2005 on the Mother's Petition for Emergency Relief, under which the Mother was granted primary physical custody of the Child and the Father was to visit with the Child three hours per day at the Army Base day care while the Mother was at work. 4. At the conference, the Mother and her counsel represented to the conciliator that since entry of the temporary emergency Order, the Father had not come to the daycare center regularly to visit with the Child. On one occasion, however, the Mother stated that the Father removed the Child from the Base and drove with the Child in the vehicle despite the fact the Mother believes the Father's license has been suspended due to the pending vehicular manslaughter charges and DUI. The Mother requested that the Father's periods of visitation with the Child be clarified to ensure that the Child remains on the Army Base during the Father's periods of custody and that the Father not be permitted to drive with the Child in the car. The Mother also proposed expansion of the afternoon period of custody for an additional one-half hour. 5. Based on the representations of the Mother and her counsel at the conference and the fact that the Father did not attend the conference nor contact the conciliator to request that the matter be rescheduled, the conciliator recommends an Order in the form as attached permitting the Father to request an expedited conciliation conference to review the arrangements. fiv?- !? do-'>5- L;66?, Date Dawn S. Sunday, Esquire Custody Conciliator SMiGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, 3'4 Floor Richard C. Gaffney, Jr., MBA, Esquire Harrisburg, PA 17110-1778 co", fgaffnevgs.lsll?(717) 234-2401 Attorneys for Defendant BRANDI LYNN WEISS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : DOCKET NO. 05-3322 ZACHARY T. WHITTAKER, Defendant : CIVIL ACTION - CUSTODY AFFIDAVIT OF SERVICE I, Richard C. Gaffney, Jr., Esquire, counsel for Plaintiff, Brandi Lynn Weiss, do hereby affirm that set forth below is the original return receipt of the August 9, 2005 Order of Court and correspondence to Attorney Richard Wagner that was sent to Defendant by Certified Mail, Return Receipt Requested, which appears to contain the signature of Defendant, Zachary T. Whittaker, indicating that Defendant received same on August 12, 2005. The undersigned understands that the statements herein are made subject to the penalties of Respectfully submitted, SMIGEL, ANDERSON, & SACKS, LLP Date: i7 ^o&u < 2<,,6s By: 1 l , 0 1f Q L- Richard C. Gaffne , MBA, Esquire Attorney ID No. 633 River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 r Complete hems 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is dealred. ¦ print your name and address on the reverse so that we can return the card to you. ¦- Attach this card to the beck of the mailpieae, or on the front M space permhs. 1. ArticleAddressed Mr. 6:V I wh; Il?Jal rc? A? ? 7?a, A. 8ktrtetura X AW t Addressee Cehiad anted Name) C. Dated DelNery ?? I1fI?- ?U U ( , tRtrf D. 114deMvoryaddresed0dr mint . yea It YES, enter del" L AUG i ? ?I 12 a 3. rice IYPD Certified Mall EVrm Fes"" eglatered Return Receipt for Merohandale 4. Restricted Delivery? (Extra Foe) 0 yea 2' Article Nurr (!iensterarc 7003 3110 0005 8320 6366 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M IW D l MAIL IL M (Dornestic Mail Only; No Insurance Coverage Provided) .d l' ru OFFICIAL U?13E Co Poetaga t m 6?J 0 30 0 ( RMUmR ?WM 1 - 7 p_ C3 R Ole7ed OelMryFU / (ErtdsrumerM Regdrem r-a m lbtel Pnstaae a Feu 0v m C3 0 ° . . . ar... Dr45re(a, aPid... -- ,- l S11 R,111?1,v f.1 11?ltlHlti..l SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, 3itl Floor Harrisburg, PA 17110-1778 (717) 234-2401 BRANDI LYNN WEISS, Plaintiff V. ZACHARY T. WHITTAKER, Defendant Richard C. Gaffney, Jr., MBA, Esquire rgaffney4sasIIp.Sgm Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 05-3322 CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE AND NOW, this I "1 day of August, 2005, the undersigned hereby certifies that a true and correct copy of the foregoing Affidavit of Service was served upon the opposing party by United States First Class Mail, postage prepaid, as follows: Mr. Zachary T. Whittaker 36 Laudermilch Road Halifax, PA 17032 Respectfully submitted, SMIGEL, ANDERSON, & SACKS, LLP By: "'yb1 7e ifer L. Deitch, Legal Assistant River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 (ilT V'1 - T a TD rn -! BRANDI L. WEISS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. ZACHARY T. WHITTAKER : 05-3322 CIVIL ACTION LAW "MOTION TO MODIFY CUSTODY AND CONTEMPT OF COURT ACTION" UPON REQUEST OF THE NATURAL FATHER ZACHARY T. WHITTAKER, I WOULD LIKE TO PETITION TO MODIFY CUSTODY AND FILE CONTEMPT OF COURT PROCEEDINGS, IN THE MATTER OF CUSTODY OF HIS LAYLA E. L. WEISS, BORN MAY, 9 2005. 1. NATURAL MOTHER BRANDI L. WEISS WILL NOT ABIDE BY THE COURT ORDER DATED, AUGUST 9, 2005, BY THE HONORABLE JUDGE EDWARD E. GUIDO, IN THE MATTER OF CUSTODY. 2. THE MOTHER FAILS TO BRING DAUGHTER TO DAYCARE SO NATURAL FATHER ZACHARY T. WHITTAKER CAN SEE HIS DAUGHTER AT THE DAYCARE FACILITY AT THE COURT ORDERED ARRANGEMENTS, EITHER FROM 8:OOAM - 11:30AM OR 12:OOPM - 3:3OPM. (STATED IN EXHIBIT A, PARAGRAPH 4. THE FATHER SHALL HAVE PARTIAL PHYSICAL CUSTODY WITH THE CHILD WHILE MOTHER IS AT WORK EACH DAY FROM 8:OOAM UNTIL 11:30AM, OR FROM 12:00 NOON UNTIL 3:30 PM AT HIS CHOICE. THE FATHER SHALL EXERCISE HIS PERIODS OF CUSTODY UNDER THIS PROVISION AT THE ARMY BASE AND SHALL NOT REMOVE THE CHILD FROM THE PREMISES, EXCEPT AS ARRANGED BY AGREEMENT BETWEEN PARTIES.) 3. MOTHER BRANDI L. WEISS HAS AND WILL NOT RELEASE ANY INFORMATION TO ME PERTAINING TO DAUGHTER LAYLA E. L. WEISS. BRANDI L. WEISS HAS DONE THIS BY CALLING AND WRITING FORMS AT DOCTORS OFFICES STATING I HAVE NO RIGHT TO ANY INFORMATION PERTAINING TO LAYLA E. L. WEISS. (STATED IN EXHIBIT A, PARAGRAPH 2. EACH PARENT SHALL BE ENTITLED TO ALL RECORDS AND INFORMATION PERTAINING TO THE CHILD INCLUDING, BUT NOT LIMITED "rO, SCHOOL AND MEDICAL RECORDS AND INFORMATION.) f UPON REQUEST OF THIS PETITION, FATHER ZACHARY T. WHITTAKER, ASKS THE COURT TO EXPEDITE A HEARING IN THE CUSTODY AND CONTEMPT OF COURT MATTER. (STATED IN EXHIBIT A, PARAGRAPH 7. THE FATHER MAY FILE A REQUEST FOR THE SCHEDULING OF AN EXPEDITED CONCILIATION CONFERENCE, IF NECESSARY, TO REVIEW THE CUSTODY ARRANGEMENTS. ALSO EXHIBIT B-2, PARAGRAPH 5 STATES THAT THE CONCILITAOR RECOMMENDS AND ORDER IN THE FORM AS ATTACHED PERMITTING THE FATHER TO REQUEST AN EXPEDITED CONCILIATION CONFERENCE TO REVIEW THE ARRANGEMENTS.) NATURAL FATHER ZACHARY T. WHITTKER RESPECTFULLY REQUESTS THAT THE MATTER AT HAND BE EXPEDITED. RESPECTFULLY YO U i A RY T. WHITTAKER CC: DAWN SUNDAY, ESQUIRE 39 WEST MAIN STREET MECHANICSBURG, PA 17055 BRANDI L. WEISS 12 DARTMOUTH COURT MECHANICSBURG, PA 17055 ??° ?? ?x h• b;f Iq BRANDI LYNN WEISS Plaintiff vs. ZACHARY T. WHITTAKER Defendant RECEIVED AUG G 8 2005 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-3322 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT , AND NOW, this day of 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated July 1, 2005 is vacated and replaced with this Order. 2. The Mother, Brandi Lynn Weiss, and the Father, Zachary T. Whittaker, shall have shared legal custody of Layla Elizabeth Lynn Weiss, born May 9, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody with the Child while the Mother is'at work each day from 8:00 a.m. until 11:30 a.m., or from 12:00 noon until 3:30 p.m., at his choice. The Father shall exercise his periods of custody under this provision at the Army Base and shall not remove the Child from the premises, except as arranged by agreement between the parties. 5. The Father shall not drive with the Child in the vehicle. 6. 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. 7. The Father may file a request for the scheduling of an expedited_conci-liatiol:7conf6rence, if necessary, to review the custody arrangements. BY THE COURT, Edward . Guido J. cc: Richard C. Gaffney, Esquire - Counsel for Mother .Zachary T. Whittaker, Father S J ?? o /ExhtbI`+ BRANDI LYNN WEISS Plaintiff vs. ZACHARY T. WHITTAKER Defendant Prior Judge: Edward E. Guido : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-3322 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Layla Elizabeth Lynn Weiss May 9, 2005 Mother 2. A conciliation conference was held on August 3, 2005, with the following individuals in attendance: The Mother, Brandi Lynn Weiss, with her counsel, Richard C. Gaffney, Esquire. The Father, Zachary T. Whittaker, who is not represented by counsel in this matter, did not attend the conference. The office of the Father's attorney in a criminal matter contacted the conciliator's office to advise that the Father was at trial on the day of the conciliation conference. The conciliator was informed that the criminal attorney does not represent the Father in the custody matter and no request was made that the conference be rescheduled. 3. This Court previously entered a temporary Order in this matter on July 1, 2005 on the Mother's Petition for Emergency Relief, under which the Mother was granted primary physical custody of the Child and the Father was to visit with the Child three hours per day at the Army Base day care while the Mother was at work. 4. At the conference, the Mother and her counsel represented to the conciliator that since entry of the temporary emergency Order, the Father had not come to the daycare center regularly to visit with the Child. On one occasion, however, the Mother stated that the Father removed the Child from the Base and drove with the Child in the vehicle despite the fact the Mother believes the Father's M license has been suspended due to the pending vehicular manslaughter charges and DUI. The Mother requested that the Father's periods of visitation with the Child be clarified to ensure that the Child remains on the Army Base during the Father's periods of custody and that the Father not be permitted to drive with the Child in the car. The Mother also proposed expansion of the afternoon period of custody for an additional one-half hour. 5. Based on the representations of the Mother and her counsel at the conference and the fact that the Father did not attend the conference nor contact the conciliator to request that the matter be rescheduled, the conciliator recommends an Order in the form as attached permitting the Father to request an expedited conciliation conference to review the arrangements. Date Dawn S. Sunday, Esquire Custody Conciliator ? O Q c OP) N R 4 L.J i ?i_rx ?. BRANDI L. WEISS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ZACHARY T. WHITTAKER DEFENDANT 2005-3322 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 02, 2007 , 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, October 22, 2007 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. 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 pennanent 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. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 t? =,,r no L11Z .. NOV 0 8 BRANDI L. WEISS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 05-3322 CIVIL ACTION LAW ZACHARY T. WHITTAKER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 0 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: ?A hearing is scheduled in Courtroom Number of the Cumberland County Courthouse on the day of IJ w` , 200 2 at I: U. n"., at which time testimony will be taken. For purposes of the hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties, or a party pro se, 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 10 days prior to the hearing date. cc: chary T. Whittaker, Father Xchael J. Whare, Esquire - Cow J Edward E. Guido J. MNVAI)\SNN3d ZS :g WV I I AON LOOZ A8VIQ NOHi '" `d 3Nl A0 ?Jj r. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRANDI L. WEISS Plaintiff VS. ZACHARY T. WHITTAKER Defendant Prior Judge: Edward E. Guido 05-3322 IN CUSTODY CIVIL ACTION LAW 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mother Layla Elizabeth Lynn Weiss May 9, 2005 2. A custody conciliation conference was held on November 2, 2007, with the following individuals in attendance: the Mother, Brandi L. Weiss, with her counsel, Michael Whare, Esquire, and the Father, Zachary T. Whittaker, who is not represented by counsel in this matter. 3. This Court initially entered a temporary Order in this matter on July 1, 2005 under which the Mother was granted primary physical custody and the Father had visitation with the Child while the Mother was at work either during the morning or the afternoon at the Child's daycare on the Army Base. Subsequently, an Order was entered on August 9, 2005 following a conciliation conference which the Father was unable to attend due to his criminal trial and subsequent incarceration. The August 9, 2005 Order continued the terms of the temporary Order and provided for the Father to file a request for an expedited conciliation conference to review the arrangements if he desired. The Father filed this Petition for Contempt and Modification on September 26, 2007 requesting equally shared custody and a finding of contempt. 4. The parties were unable to reach an agreement at the conference and the Father has requested an expedited hearing on his Petition. / 5. The Father's position on custody is as follows: The Father stated in his Petition that the Mother fails to bring the Child to daycare so that he can visit with her as provided in the existing Order. At the conference, however, the Father stated that he did not have a copy of the August 9, 2005 Order (although the address used by the Court was correct) until August 12, 2007 at which time the Father initiated his efforts to have contact with the Child. The Father expressed concern that he has not been allowed on the Army Base at times due to the Mother's instructions and also has been required to obtain a badge to enter the Base which hinders his ability to easily see the Child. The Father indicated that his current work schedule beginning this week involves work hours which make him unavailable to spend time with the Child on the Base at the times indicated in the Order. The Father stated that he objects to and will not consider any proposed temporary arrangements pending hearing which would involve supervised visitation in any location or under any arrangement. The Father seeks equally shared custody of the Child and indicated that he already has childcare arrangements established as he presently shares physical custody of his child from another relationship. Finally, the Father expressed concern that he has been prevented from obtaining the Child's medical records and information despite the fact that the parties have shared legal custody. 6. The Mother's position on custody is as follows: The Mother opposes the Father's request for equally shared custody and denies the Father's allegations that she has not made the Child available at daycare pursuant to the existing Order. The Mother specified the dates for the past four months during which the Child was not at daycare due to illness, medical appointments and surgery. Other than those dates, the Mother indicated that the Child was present at the daycare but that the Father did not make an attempt to visit with her there on a regular basis. The Mother denied the Father's allegations with regard to her interference with either the Father entering the Army Base to have contact with the Child or the Father's efforts to obtain medical information pertaining to the Child. The Mother does not believe it would be in the Child's best interests for the Father to have equally shared custody primarily due to the Mother's concerns about the Father's history of violence, particularly related to the criminal charges for which a period of incarceration was imposed. 7. It is anticipated that the hearing will require at least one-half day. The Father has requested that the hearing be expedited, particularly because the existing Order imposes restrictions on his periods of custody with the Child and none of the proposed alternate temporary arrangements were acceptable to the Father. 8. The conciliator recommends an Order in the form as attached scheduling a hearing. Date Dawn S. Sun ay, Esquire Custody Conciliator BRANDI L. WEISS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ZACHARY WHITTAKER NO. 2005 - 3322 CIVIL TERM ORDER OF COURT AND NOW, this 28TH day of NOVEMBER, 2007, at the request of Plaintiff's counsel the hearing scheduled for November 28, 2007, at 1:30 p.m. is continued to WEDNESDAY, DECEMBER 5, 2007, at 1:00 p.m. By the Court, .00 Edward E. Guido, J. Michael Whare, Esquire For the Plaintiff Zachary T. Whittaker :sld C 0/, ?.S lit H d car,/, v riu al lc4 :01 WV S- 330 LOOZ 1. M BRANDI LYNN WEISS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-3322 CIVIL TERM ZACHARY T. WHITTAKER, Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, this 5th day of December, 2007, after hearing, it is hereby ordered and directed as follows: 1. Our Order of August 9, 2005, is vacated and replaced with this Order. 2. The Mother, Brandi Lynn Weiss, and the Father, Zachary T. Whittaker, shall have shared legal custody of Layla Elizabeth Lynn Weiss, born May 9, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. Father shall have partial physical custody of the Child as follows: A. Every other Saturday from noon until 4:00 p.m., commencing December 8, 2007. B. From noon until 4:00 p.m. on Christmas Day. During his periods of partial physical custody, Father shall not allow anybody to smoke in the presence of the Child because of her asthma condition. He shall also keep the Child t` S away from dogs. 5. Father shall be responsible for arranging transportation for his periods of partial physical custody. 6. 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. 7. We will hold another hearing in this matter on January 25, 2008, at 9:30 a.m., to examine the relationship between the Father and the Child and to determine whether it has progressed enough to institute overnight visitation. By Edward E. Guido, J. Michael J. Whare, Esquire Attorney for Plaintiff/Respondent Zachary T. Whittaker 102 Wayne Avenue New Cumberland, PA 17070 Defendant/Petitioner, Pro se Sheriff ' b srs 107 r'y w 11 :?j 10 BRANDI L. WEISS IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. ZACHARY WHITTAKER NO. 2005 - 3322 CIVIL TERM ORDER OF COURT AND NOW, this 25TH day of JANUARY, 2008, at the request of Plaintiff's counsel and the fact that there is a conflict, the hearing scheduled for January 25, 2008, at 9:30 a.m. is continued and the new date and time is TUESDAY, JANUARY 29, 2008, at 3:00 a.m. in Courtroom # 3. By the Edward E. Guido. J. MFichael Whare, Esquire For the Plaintiff v4-achary T. Whitta: : sld J ? ! ?E ?? a { t s u'i uu;,,? i , ? ) (+ _ ? ..?it.L ?i t.i BRANDI LYNN WEISS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 05-3322 CIVIL TERM ZACHARY T. WHITTAKER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 29th day of January, 2008, after hearing, our order of December 5, 2007, is hereby amended to provide as follows: 4. Father shall have partial physical custody of the child as follows: A. Every other Saturday from noon on Saturday until 4:00 p.m. on Sunday commencing February 2, 2008. B. Commencing March 21, 2008, from 5:00 p.m. on Friday until 5:00 p.m. on Sunday. C. Such other times as the parties may agree. During his periods of partial physical custody, Father shall not allow anybody to smoke in the presence of the Child because of her asthma condition. He shall also keep the Child away from dogs. In all other respects, our order of December 5, 2007, shall remain in full force and effect. Another hearing in this matter is scheduled for Wednesday, March 19, 2008, at 3:00 p.m. at which time we will hear testimony with regard to a holiday schedule unless the parties otherwise agree. By thgo' ourt, Edward 2. Guido, J. r/C1`'hael J. Whare, Esquire For the Plaintiff achary T. Whittaker 102 Wayne Avenue New Cumberland, PA 17070 Defendant, Pro Se ,--Sher]' ff mlc 4K .? 4th 4? Hd? ???? L£ 40 BRANDI LYNN WEISS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 05-3322 CIVIL TERM ZACHARY T. WHITTAKER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 19th day of March, 2008, our order of January 29, 2008, is vacated. Our order of December 5, 2007, is hereby amended to provide as follows: 4. Father shall have partial physical custody of the child as follows: A. Every other Friday from 5:00 p.m. until Sunday at 5:00 p.m. commencing March 21, 2008. B. The holiday schedule shall be as follows: 1. On the weekends where Easter falls on father's regularly scheduled weekend of partial custody, he shall return the child at noon rather than at 5:00 p.m. on Easter. On other years, he shall visit with the child from 4:00 until 8:00 p.m. 2. On Memorial Day from 4:00 until 8:00 P.M. 3. On July 4 from 4:00 until 8:00 p.m. 4. On Labor Day from 4:00 until 8:00 p.m. 5. On Thanksgiving Day from 4:00 until 8:00 P.M. 6. On Christmas Day in even numbered years from noon on Christmas Day until 8:00 p.m. on Christmas Day night. In odd numbered years, from 5:00 Christmas Eve until noon on Christmas Day. C. Such other times as the parties may agree. During his periods of partial physical custody, father shall not allow anybody to smoke in the presence of the child because of her asthma condition. He shall also keep her away from dogs. In all other respects our order of December 5, 2007, shall remain in full foLPe- n- ffect. the Court, ara L. uuiao, j. X-i c hael J. Whare, Esquire or the Plaintiff Zachary T. Whittaker 102 Wayne Avenue New Cumberland, PA 17070 Defendant, Pro Se : ml c 1 ? .A All S :C Ud '!Z 8vw HE 3"Ds.J{i BRANDI LYNN WEISS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 05-3322 CIVIL TERM ZACHARY T. WHITTAKER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 19th day of March, 2008, our order of January 29, 2008, is vacated. Our order of December 5, 2007, is hereby amended to provide as follows: 4. Father shall have partial physical custody of the child as follows: A. Every other Friday from 5:00 p.m. until Sunday at 5:00 p.m. commencing March 21, 2008. B. The holiday schedule shall be as follows: 1. On the weekends where Easter falls on father's regularly scheduled weekend of partial custody, he shall return the child at noon rather than at 5:00 p.m. on Easter. On other years, he shall visit with the child from 4:00 until 8:00 p.m. 2. On Memorial Day from 4:00 until 8:00 P.M. 3. On July 4 from 4:00 until 8:00 p.m. 4. On Labor Day from 4:00 until 8:00 p.m. 5. On Thanksgiving Day from 4:00 until 8:00 P.M. 6. On Christmas Day in even numbered years from noon on Christmas Day until 8:00 p.m. on Christmas Day night. In odd numbered years, from 5:00 Christmas Eve until noon on Christmas Day. C. Such other times as the parties may agree. During his periods of partial physical custody, father shall not allow anybody to smoke in the presence of the child because of her asthma condition. He shall also keep her away from dogs. In all other respects our order of December 5, 2007, shall remain in full fo fect. Edward E. Guido, J. Axichael J. Whare, Esquire For the Plaintiff ,/Zachary T. Whittaker 102 Wayne Avenue New Cumberland, PA 17070 Defendant, Pro Se :mlc 1 0? -e Off/ ZACHARY T. WHIT'TAKER I 150 BROCKTON NEW CUMBERLAND, PA 17070 ( 717 ) 608-8635 7AC HARY T. WH ITTAKER PLAINTIFF VS. BRANDI LYNN WE;ISS DEFENDANT (r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D.R. NO. 05-3322 CIVIL, TERM IN CUSTODY. PETITION FOR MODIFICATION OF A CUSTODY ORDER / CONTEMPT OF CUSTODY ORDER 1. The petitioner is Zachary T. Whittaker and respectfully represents that on December 5, 2007 a Custody Order of Court was entered, a true and correct copy is attached. 2. The Plaintiff is Brandi Lynn Weiss, and adult currently residing in Elizahethville, Pa with no address known. I have repeatedly asked for the address and she will not provide it to me. 'I'he last known address is I. Dartmouth Court, Mechanicsburg, Pa 17055. 3. The Defendant isLachary T. Whittaker, an adult residing at 1 150 Brockton Circle, New Cumberland, Pa 17070. 4. On December 5. 2007. The Honorable Judge Edward E. Guido entered the following Custody Order. 5. Since the entry of said order, the respondent has willfully f, fled to obey said order as Follows:. a. First Email ol'Contempt Original Attached A-I fo Brandi Weiss. Friday, October 28, 2011 10:32 AM I am writing in concern for my daughter, Layla Elizabeth Lynn Weiss, and the facts of you violating a custody court order, and disobeying by not allowing me to see my daughter for over 4 Months. This paragraph will state the facts of why your not allowing me to have my daughter and you and I both know are not the real reasons why but excuses. -Reason 1, You have stated on numerous text messages that I will not see my daughter because of me failing to return here on scheduled times. C auk pa F"M Cam f2# a?35?b -Reason 2, You have stated to me and my wife personally that I will not see my daughter on my scheduled days because of failure to take her to sporting events and birthdays you scheduled on my weekends with my daughter. -Reason 3. You said you feel unsafe about me taking my daughter because you do not have my address. 1 have sent my address on numerous texts so I can see my daughter. -Reason 4. You have stated 1 wont see my daughter at all. These are the facts of the matter of you stating that I have not seen my daughter at all. Especially on her 6 Birthday and Layla's First day of School. It is very hurtful and stressful that you have subjected our daughter to 6 Months of not bonding with her father. I am emailing you from now on along with text messages about me not getting my daughter on court ordered days. I'm not arguing, but if this continues to go on with out me seeing my daughter, I will file contempt of court, and violation of a court order against you tiling for full custody of my daughter. 10-27-1 1 1 am writing in regards to your failure to let me see my daughter accordingly to custody order. If you fail to let me see my daughter on my given days I am filing for failure to follow a court ordered document. By me texting you and emailing you it is a form of contact that must be followed and will allow me to file in court for failure to follow a court order. Please respond immediately. So please respond to me letting me know if I am getting my daughter this weekend on my court ordered weekend. Thanks Respectfully, Zachary Whittaker Email Notification for Email -----Original Message----- From: N1ai1 Delivery Subsystem [mailto:MAIL,ER-DAEMON-u^penni`reiL),htliner.com] Sent: Friday. October 28, 20l 1 10:32 AM To: servicescannepir7ipennfreiglhtliner.com Subject: Delivery notification (mail relayed) "Che original message was received at Fri, 28 Oct 2011 10:32:07 -0400 Your message was successfully relayed to btl0semsmt.dlis.la,m1l. The message was addressed to: <Brandi.Weissndla.mil> b. 2"' Email Friday, December 2, 2011 7:4_ AM Original Attached A-2 Brandi. I know you know that I have not seen my daughter. I am giving you ample oppurtunities to follow this last request. 1 have been trying to see my daughter according to custody order that was already issued by the Honorable Judge. I have made several attempts to contact you and the police for the assistance on this matter and they tell me every time that its a civil matter. lm asking and pleading with you to give you every possible oppurtunity for this matter. Please contact me immediately before court proceedings are filed. Im begging of you to just follow the court order. I have called and tried every form of contact and it seems as if your avoiding me. Please contact me Immediately to make arrangements to (et my daughter according to court order. Thanks "Zachary T. Whittaker Freightliner of Harrisburg Shop Foreman 4303 Lewis Road Harrisburg. Pa 17111 Ph: (717)608-8635Fx: (717)564-0265 C. -) i Email Thursday. December 22,2011 11:05 AM Original Attached A- Brandi, I am emailing you in regards to the fact that I have not been getting m}? daughter. Its Christmas and I get her over night this year and you still have not responded to me at all for getting her or anything. I really dont know what I did do deserve not seeing my daughter for over 7 Months now and 1 have tried for 7 Months to see her. What is going on? I am getting very upset at the fact that you are not responding. I have given you every oppurtumty to make this right. Please respond immediately. Thanks "Zachary T. Whittaker Freightliner of Harrisburg Shop Foreman 4303 Lewis Road Harrisburg. Pa 171 11 Ph: (717)564-6151 Fx: (717)564-0265 set•vicescanrner(ipennfi•ei?,,htliner.com d. Text Messages and Phone Calls that were never answered Ranging from May 2011 to Present. All Documented. WHERFFORF, Petitioner prays this court to adjudge the respondent in contempt of court and order appropriate sanctions. Petitioner requests all lost time be credited starting immediately upon summer break from school. Spending all lost time with father as well as have police enforce custody to the fullest. Any violations be subject to criminal actions for violation of' Court Order. Petitioner requests that the Court modify the existing Order because it will be in the best interest of the child. and the Father and a Daughter relationship. 1 verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of PA. C.S.A. § 4904 relating to unsworn falsification to authorities. Date -- ? L ?gnature cc: Brandi Lynn Weiss 12 Dartmouth Court. Mechanicsburg. Pa 17055 cc: Zachary T Whittaker 1 150 Brockton Circle New Cumberland, Pa 17070 C o ZACHARY T. WHITTAKER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v' c? t'' o 0 2005-3322 CIVIL ACTION LAW rz? BRANDI LYNN WEISS IN CUSTODY DEFENDANT d ORDER OF COURT AND NOW, Friday, April 13, 2012 , 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, May 15, 2012 at 3:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Ce (?. Ccp y M67,' ed 7?> P/AIC • roe y "r'91 C eCJ *V dAcf y Z1113/i2 A? ZACHARY T. WHITTAKER Plaintiff vs. BRANDI LYNN WEISS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3322 IN CUSTODY ORDER OF COURT CIVIL ACTION LAW 2012, 1Y AND NOW, this /L day of ?./. ct consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated December 5, 2007 and March 19, 2008 shall con mue in effect as modified by this Order. 2. The parties shall submit themselves, their minor Child, and any other individuals de med necessary by the evaluator to a custody evaluation to be performed by a professional selected b the Father among the names of evaluators agreed upon at the conciliation conference. The purpose f the evaluation shall be to address the concerns raised by the Father in his Petition for Contemp and Modification concerning alienation of the Child as well as the Father's request for makeup perio s of custody in addition to obtaining independent professional recommendations concerning ongoing custodial arrangements which will best meet the Child's needs. The Father shall be responsible t pay all costs of the evaluation. The Mother shall cooperate in scheduling and attending all appoint ents scheduled for her and for the Child while in her custody in a timely manner. The Mother shall c ntact the selected evaluator's office within two weeks of being notified by the Father, through legal co nsel, of the evaluator's contact information. 3. Pending completion of the custody evaluation and further Order of Court or agreem nt of the parties, the Father's periods of partial custody on alternating weekends during the summer s hool break shall run from Friday at 4:30 p.m., when the Mother shall transport the Child to the Fa her's residence, through Sunday at 7:30 p.m. when the Father shall return the Child to the Mo her's residence. During the school year, the Father's alternating weekend periods of custody shall run from Friday at 5:00 p.m., when the Father picks up the Child from the Mother's residence through Sunday at 5:00 p.m. when the Mother shall pick up the Child at the Father's residence. i 4. Either the Father's wife, or the Mother's boyfriend, Colby Schadel, shall be permi ed to handle custodial exchanges, either by receiving custody or relinquishing custody, on behalf of either parent if that parent is unable to be present. Both parents shall make every effort to personally participate in custodial transfers to promote the Child's well-being. 5. In the event a parent is not present at the specified location for an exchange of custody at the designated time, the other parent shall wait at least 20 minutes at the place of exchange and at that time shall make an effort to contact the other parent by telephone or text message to determine the nat* of that parent's delay before leaving the place of exchange. After 20 minutes and an effort to contact: the other parent, the parent present for the exchange shall be permitted to leave the exchange loca on. Thereafter, the parties shall cooperate in making alternative arrangements for the receiving pare t to obtain custody of the Child as soon as possible for the remainder of the period of custody. 6. Both parents shall ensure that the Child is transported in an age appropriate car set or booster seat at all times during his or her periods of custody. 7. The Father shall be entitled to have a period of vacation custody with the Child during the summer school break in 2012, which shall take place either from August 3 through August 10 o the following week, scheduled to include the Father's regular weekend period of custody. The Mother shall advise the Father by 9:00 p.m. on June 28, 2012 as to which week the Child will be availabl for the Father's vacation custody. In the event either party intends to remove the Child from his o her residence for an overnight period or longer for vacation, that parent shall provide the other parent with the address and telephone number where the Child can be contacted during the vacation period at least one week in advance. 8. In the event either parent is unavailable for a period of two hours or more during his her period of custody, that parent shall first contact the other parent to offer the opportunity to provide care for the Child during the custodial parent's unavailability before contacting third party caregivers. This provision is not intended to apply to the time during which the Child is in daycare or school. 9. Within 60 days of receipt of the evaluator's written custody recommendations, couns el for either party may contact the conciliator to schedule an additional custody conciliation conference if necessary. 10. 'This Order is entered pursuant to an agreement of the parties at a custody concil ation conference. The parties may modify the provisions of this Order by mutual consent in writin and signed by both parties. In the absence thereof, the terms of this Order shall control. BY TFI f Edward E. Guido J. cc: ? Lee Eric Oesterling Esquire - Counsel for Father cam , - Diane S. Baker Esquire - Counsel for Mother =rn (O? ; c?5 ykc, . I -ed 7 /q / C-) C3 rI co ca ZACHARY Z'. WHITTAKER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2005-3322 CIVIL ACTION LAW BRANDI LYNN WEISS Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF C?VIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation ias follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Layla Weiss May 9, 2005 Mother 2. A custody conciliation conference was held on June 27, 2012, with the following individuals in attendance: the Father, Zachary T. Whittaker, with his counsel, Lee Eric Oesterling Esquire, and the Mother, Brandi Lynn Weiss, with her counsel, Diane S. Baker Esquire. 3. The parties agreed to entry of an Order in the form as attached with the exception f the provision regarding the Father's wife being permitted to handle custody exchanges, which s the recommendation of the conciliator as the parties were unable to agree. Id" Date -? Dawn S. Sunday, Esquire Custody Conciliator 4 ZACHARY T. WHITTAKER IN THF, COURT OF COMMON PLEAS OF 3 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2005-3322 CIVIL ACTION LAW BRANDI LYNN WEISS Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. pre-trial conference is scheduled on the qe day of �� , 2013 at 0 .m. in Court Room No. _S of the Cumberland County Court House. The parties are directed to proceed with filing a pre-trial statement with the Court and the other party in accordance with Pennsylvania Rule of Civil Procedure 1915.4-4. hearing is scheduled ill Courtrnom Number 3 of the Cumberland County Courthouse on the_ _day of =Nb1�� b2 ;2(T13; atQ/�.m., at which time testimony will betaken. For purposes of the hearing,the Father, Zachary T. Whittaker, 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 5 days prior to the hearing date. 3. Pending the hearing and further Order of Court or agreement of the parties, the prior Orders of this Court dated December 5, 2007 and March 19, 2008 shall continue in effect. 4. The parties shall make arrailgements for the Child to participate in therapeutic counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the Child in coping with the high level of conflict between the parties in the custodial situation and to promote the Child's emotional well-being in light of the difficult circumstances. The parties shall equally share any costs of counseling which are not covered by insurance. BY T OUR c � -T; ro:l ZZ — M EV C/) , X M x� -m u r•-z tV :;0 V C Edward E. Guido J. LD -cs a- cc: �,ee E. Oesterling Esquire—Counsel for Father c ' /Diane S. Bakery Esquire—Counsel for Mother g ��i3 ZACHARY T. WHITTAKER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2005-3322 CIVIL ACTION LAW BRANDI LYNN WEISS Defendant IN CUSTODY Prior Judge: Edward E. Guido 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 Child who is the subject of this litigation is as follows: NAME BIRTH YEAR CURRENTLY IN CUSTODY OF Layla Weiss 2005 Mother 2. A custody conciliation conference was held on September 5, 2013, with the following individuals in attendance: the Father, Zachary T. Whittaker, with his counsel, Lee E. Oesterling Esquire, and the Mother, Brandi Lynn Weiss, with her counsel,Diane S. Baker Esquire. 3. This custody conciliation conference was scheduled as a follow up pursuant to the custody order entered in July 2012 requiring-the parties to obtain a custody evaluation. The parties received the evaluation report at the end of July 2013 and the conference was scheduled as the parties were unable to reach an agreement based on the evaluator's written custody recommendations. 4. The parties were unable to reach an agreement at the conciliation conference and it will be necessary to schedule a hearing on the Father's Petition for Modification seeking primary physical custody of the Child. The current custody order, dated March 19, 2008,provides for the Mother to have primary physical custody and the Father to have partial custody on alternating weekends. The Mother's counsel requested that a pre-trial conference also be scheduled at this time. 5. The Father's position on custody is as follows: The Father indicated that the custody evaluation recommendations support his request for a transfer of primary physical custody to him. The Father believes it would be in the Child's best interests to reside with him and go to school in his school district(which would be Shaull Elementary School). The Father expressed concern over recent incidents in which he alleges that the Mother has treated the Child too roughly and the Father felt it was necessary initiate an investigation by Children and Youth Services. The Father expressed concern that the Mother is not supportive of his relationship with the Child and schedules activities during his limited custodial time. 6. The Mother's position on custody is as follows: The Mother disagrees with the evaluator's recommendations and does not believe that many essential factors were taken into consideration in reaching the evaluation conclusions. The Mother does not believe that the Father's instability with regard to his residence and employment was taken into consideration, for example. The Mother noted that the Father has never had custody of the Child on a school night. The Mother indicated that Children and Youth Services investigated the Father's recent allegations and advised the Mother there was no foundation for the Father's report. According to the Mother,the Child has expressed a preference to stay at her current school in Elizabethville as she likes her friends and is very involved in school activities. The Mother believes it would be in the Child's best interests to continue to primarily reside in the Mother's household. 7. The parties were able to agree at the conference to make arrangements for the Child to participate in therapeutic counseling to assist her in coping with the conflicts between the parents. 8. The conciliator recommends an Order in the form as attached scheduling a pre-hearing conference as requested by the Mother's counsel and a hearing as requested by the Father's counsel and providing for the Child to participate in counseling. �e�m-laces Le o2_0 13 lr_o� :1� Date Dawn S. Sunday, Esquire Custody Conciliator ZACHARY T. WHITTAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. • BRANDI LYNN WEISS, CIVIL ACTION - LAW Defendant NO. 2005-3322 CIVIL TERM IN RE : PRETRIAL CONFERENCE ORDER OF COURT AND NOW, this 4th day of October, 2013, the major issue outstanding to be resolved at the pretrial conference is the redacted portions of Deb Salem' s report . Counsel advises that Deb Salem is reluctant to breach the confidences of the child and is therefore redacting any statements made by the child to her . Counsel has agreed to ask Ms . Salem to provide un-redacted reports to them with the assurance that they will not share the confidences with their clients . We have also agreed to take Ms . Salem' s testimony outside the presence of the parties . If Ms . Salem is unwilling to go along with counsel ' s agreement, they are directed to schedule a conference call with this Court which would include Ms . Salem for her to articulate her reasons . We will issue an appropriate order, if necessary, after the conference call . By the Court, m Edward E. Guido, J. 7r I- N f Lee E . Oesterling, Esquire For the Plaintiff ffea Diane S . Baker, Esquire 14/0/13 For the Defendant : lfh BRANDI LYNN WEISS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. • ZACHARY T. WHITTAKER, CIVIL ACTION - LAW Defendant/Petitioner : NO. 05-3322 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 4th day of November, 2013, by agreement of the parties, all prior custody orders are vacated and replaced with the following: 1 . The Mother, Brandi Lynn Weiss, and the Father, Zachary T. Whittaker, shall have shared legal custody of Layla Elizabeth Lynn Weiss, born May 9, 2005 . Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child' s general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. 2 . Mother shall have primary physical custody of the child during the school year subject to father ' s periods of partial physical custody as follows : A. Three out of four weekends from Thursday at 7 : 15 p.m. until the beginning of school on Monday. A Provided, however, that if Monday is a school holiday, the return shall be Tuesday at the beginning of school . B. Father' s weekends shall commence on November 7 , 2013, and shall proceed on a three weekends on, one weekend off thereafter. C. Such other times as the parties shall agree . The party relinquishing custody shall be responsible for transportation. Mother shall drop the child off at father' s home on Thursday after dance class . It shall be father' s responsibility to see that the child gets to and from school on each Friday of his weekend and to school on each Monday [Tuesday] . 3 . The parties shall share physical custody of the child during the summer on a week on/week off basis . Transfers of custody shall take place at 6: 00 p.m. on Fridays with father receiving the child on the first Friday after school ends. The summer schedule shall end the Friday immediately before school starts with that first weekend being mom' s weekend with the child. Father ' s three consecutive weekends shall begin the first Friday after school commences . During the summer schedule, transportation shall be provided by the party receiving custody. 4 . The following holiday schedule shall take precedence over the schedule set forth above : A. Mother shall have the child for Thanksgiving in odd numbered years, and father shall have the child for Thanksgiving on even numbered years . The Thanksgiving holiday shall commence on Wednesday after school and end on Friday at noon. The party receiving custody shall be responsible for providing transportation. B. The Christmas holiday shall be divided into two segments as follows : Segment A shall be from noon Christmas Eve until noon Christmas Day. Segment B shall be from noon Christmas Day until 5 : 00 p.m. on December 26th. Father shall have Segment A in odd numbered years and Segment B in even numbered years with mother having the other. The parent receiving custody shall be responsible for providing transportation. 5 . Both parties shall be responsible for making sure that the child gets to participate in extracurricular activities . This shall include dance for so long as the child wishes to continue . 6 . Neither party shall discuss custody and/or other adult issues in front of the child. In that same vein, the parties shall not use the child to carry messages back and forth to each other, nor shall they argue in front of the child. 7 . All communication regarding change of the custody schedule and/or any other issue dealing with custody of the child shall be by e-mail . The parties shall save copies of all e-mail correspondence between them to be presented as an exhibit at any subsequent hearing in this matter. 8 . No party shall be permitted to relocate the 1 residence of the child which significantly impairs 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. A person proposing to relocate MUST comply with 23 Pa. C. S . Section 5337 . By the Court, {.y 4""7 t�.a "'ri .r .�..,wn. rn co = F.,ry m rri c)X Ur ' fir` -fix a3 -4 x Edward E. Guido, J. .< -r1 ` i ? (;rr I/Lee Eric Oesterling, Esquire .' For the Defendant/Petitioner 1/ Diane S . Baker, Esquire For the Plaintiff/Respondent : lfh II / //3 et91:fes iina,/e1 1. BRANDI LYNN WEISS, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA • vs. : NO. 2005-3322 ZACHARY T. WHITTAKER, : CIVIL ACTION - LAW Defendant/Respondent : IN CUSTODY PETITION FOR CONTEMPT AND MODIFICATION OF CUSTODY AND NOW, comes Plaintiff/Petitioner, by and through her attorney, Diane S. Blker, Esquire, and files this Petition for Contempt and Modification of Custody, based upon the following: 1. Plaintiff/Petitioner is Brandi Lynn Weiss, an adult individual residing at 118 North Street, Elizabethville, Dauphin County, Pennsylvania 17023. Petitioner is represented by Diane S. Baker, Esquire. 2. Defendant/Respondent is Zachary T. Whittaker, an adult individual residing at 1150 Brockton Circle, New Cumberland, Cumberland County, Pennsylvania 17070. Respondent is represented by Eric Lee Oesterling, Esquire. 3 The parties are the parents of the minor child Lay la E.L. Weiss, born May 9, 2005, age 8. 4. The minor child is currently in the primary physical custody of Mother pursuant to an agreed upon Order entered on November 4, 2013, before The Honorable Edward E. Guido. Father has periods of partial physical custody three out of four weekends from Thursday at 7:15 p.m. until the beginning of school on Monday. (144t1 IDSei Tatv`Zo Al 0 5. Father is in contempt of the November 4, 2013, Order with regards to his obligation to make sure that the child gets to participate in all of her Friday evening dance classes. Mother has reminded Father numerous times of the dance schedule and also of the provision in the Court Order that requires him to assure that she gets to her dance classes. Father has refused to comply. 6. Father is in contempt of the current order which requires him to take the child to school on the mornings she is with him. On March 3, 2014, Mother was notified by the child's school that the child was not in attendance and because Father had not contacted the school to explain the absence the school asked Mother to contact him. Mother attempted to contact Father however her calls were ignored and she eventually contacted the police and asked that they do a "welfare check'. The police officer reported back to Mother that Father was not at the residence but that Father's Wife was present and the officer was able to speak to Father by telephone. Father advised the officer that no one was available to take Lay la to school until later in the day because the other children in the household were on a two hour delay. The police officer told Father that Lay la needed to be in school so Father's Wife took her to school at 11:35 a.m., after she had missed 2.5 hours of the school day. Father never notified Mother of the anticipated delay or sought her assistance in getting the child to school in a timely manner. 7. Mother seeks modification of the current Custody Order to provide that the child is in Father's partial physical custody on alternate weekends from Friday after school until Sunday evening. Father currently works second shift. At the time the Order was entered Father represented that although he would not be home to spend time with the child on 4 Thursday evening he would always be available to spend the morning time with the child and it would be he who would be taking the child to school. Instead the child has spent several Thursday nights with her paternal grandmother and it is paternal grandmother who then takes her to school on Fridays. At paternal grandmother's residence there are not adequate sleeping arrangements for the child and she sleeps on the floor, 8. Mother also seeks modification of the current Order to provide that Father see the child on alternate weekends, instead of three weekends each month. Under the current schedule the child is not able to attend most of her school activities on weekends as Father refuses to take the child to any of her activities. Father has several other children living in his household and has indicated that because of their schedules he is unable to spend significant periods of time with this child and she is often left in the care of others. Specifically, she was recently left home alone with three other children, ages 9, 10 and 12, with no adult present. 9. As a result of Father's contemptuous behavior Petitioner has incurred attorney's fees and costs as of the filing of this Petition, the specifics of which will be presented at trial. 5 WHEREFORE, Petitioner respectfully requests This Honorable Court issue an Order finding Father in contempt and directing appropriate sanctions to include attorney's fees, costs and expenses, and modifying the current Custody Order to provide that Father's periods of partial physical custody include alternate weekends from Friday evening until Sunday evening. DATE: 6 Respectfully submitted, S. Baker, Esquire Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671 -9600 VERIFICATION I, BRANDI WEISS, verify that the statements made in the Petition for Contempt 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 unswom falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that on this 4th day of March, 2014, a true and correct copy of the aforementioned document was served on the following person by United States Mail, postage prepaid, addressed as follows: Lee Eric Oesterling, Esquire 503 Bridge Street Suite 212 New Cumberland, PA 17070 Respectfully submitted, Diane Baker, Esquire Supreme Court ID 53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112 -0443 (717) 671 -9600 8 BRANDI LYNN WEISS, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. ZACHARY T. WHITTAKER, : CIVIL ACTION - LAW Defendant/Petitioner: NO. 05-3322 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 4th day of November, 2013, by agreement of the parties, all prior custody orders are vacated and replaced with the following: 1. The Mother, Brandi Lynn Weiss, and the Father, Zachary T. Whittaker, shall have shared legal custody of Layla Elizabeth Lynn Weiss, born May 9, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled tc all records and information pertaining to the child including, but not limited to, school and medical records and information. 2. Mother shall have primary physical custody of the child during the school year subject to father's periods of partial physical custody as follows: A. Three out of four weekends from Thursday at 7:15 p.m. until the beginning of school on Monday. Provided, however, that if Monday is a school holiday, the return shall be Tuesday at the beginning of school. B. Father 'S weekends shall commence on November 7, 2013, and shall proceed on a three weekends on,- one weekend of thereafter. C. Such other times as the parties shall agree. The party relinquishing custody shall be responsible for transportation. Mother shall drop the child off at father's home on Thursday after dance class. It shall be father's responsibility to see that the child gets to and from school on each Friday of his weekend and to school on each Monday [Tuesday]. 3. The parties shall share physical custody of the child during the summer on a week on/week off basis. Transfers of custody shall take place at 6:00 p.m. on Fridays with father receiving the child on the first Friday after school ends. The summer schedule shall end the Friday immediately before school starts with that fiist weekend being mom's weekend with the child. Father's three consecutive weekends shall begin the first Friday after school commences. During, the summer schedule, transportation shall be provided by the party receiving custody. 4. The following holiday schedule shall take precedence over the schedule set forth above: A. Mother shall have the child for Thanksgiving in odd numbered years, and father shall have the child for Thanksgiving on even numbered years. The Thanksgiving holiday shall commence on Wednesday after school and end on Friday at noon. The party receiving custody shall be responsible for providing transportation. B. The Christmas holiday shall be divided into two segments as follows: Segment A shall be from noon Christmas Eve until noon Christmas Day. Segment B shall be from noon Christmas Day until 5:00 p.m. on December 26th. Father shall have Segment A in odd numbered years and Segment B in even numbered years with mother having the other. The parent receiving custody shall be responsible for providing transportation. 5. Both parties shall be responsible for making sure that the child gets to participate in extracurricular activities. This shall include dance for so long as the child wishes to continue. 6. Neither party shall discuss custody and /or other adult issues in front of the child. In that same vein, the parties shall not use the child to carry messages back and forth to each other, nor shall they argue in front of the child. 7 All Communication regarding change of the custody schedule and/or any other issue dealing with custody of the child shall be by e-mail. The parties shall save copies of all e-mail correspondence between them to be presented as an exhibit at any subsequent hearing in this matter. 8. No party shall be permitted to relocate the residence of the child which. significantly impairs 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. A person propoSing to relocate MUST comply with 23 Pa. C.S. Section 5337. By the Court, Lee Eric Oesterling, Esquire For the Defendant/Petitioner Diane S. Baker, Esquire For the Plaintiff/Respondent :lfh r- uo co • ..,<•1:3 -0 3›. r•-) -,73‘ (e? TRUE COPY FROM RECORD in Testimony whereof, I her undo set my and the seal of said Court at C_:ar,is1e Th iS ciay of (H• ki 44, : IN THE COURT OF COMMON PLEAS BfoAd' L in4 tile15i : ',. COUNTY, PENNSYLVANIA c. Plaintiff (---) vs. : NO. CV CU 2 OC-110,1—r idiatok, . . 2005- - 31 1.,-1..„ . 4 . r - ■ Cr, . ....r •^I'l Defendant • c:-) —0 • CIVIL ACTION - CUSTODY ....- .• .--:, AFFIDAVIT PURSUANT TO 23 Pa.C.S.A. 5328 and §5329 ---- hereby swear or affirm that: 1. Please state whether or not you and/or another adult living in your household have been convicted of, pled guilty or no contest to the following crimes in Pennsylvania or any other jurisdiction, as follows: NO YES o Contempt for violation of a Protection from Abuse order or agreement; Me Adult in my Date Of Household Conviction 0 Name: X• Driving under the Influence of alcohol or a Name: controlled substance or drugs; Possession, sale, delivery, manufacturing Name: or offering for sale any controlled substance or other drug or device; o Criminal homicide; Murder; Name: API )f- o Aggravated Assault; Stalking; k-* D Kidnapping; Name: 0 Name: Name: ______] k 0 Unlawful restraint; o 0 _ Name: o False imprisonment; o 0 Name: NO YES o Luring a child into a motor vehicle or structure; 0 Rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, indecent assault, indecent exposure, sexual abuse of children, sexual exploitation of children, sexual intercourse with an animal, incest; 0 Sex offender non- compliance with registration requirements, statute, court order, probation or parole, or other requirements under 18 Pa. C.S.A. §3130 and 42 Pa. C.S. §9795.2; O Arson and related offenses; 0 o Concealing death of a child; 0 O Endangering the welfare 0 of children; O Trading, bartering, buying, selling or dealing in infant children;_ o Prostitution and related offenses; o Obscene and other sexual materials and _performances; or O Corruption of minors or 0 unlawful contact with a minor. Name: Name: Name: Adult in my Date Of Household Conviction 0 Name: 0 Name: Name:_ Na m e: Name: Name: Name: 2. Please state whether or not you and/or another adult living in your household have a present and/or past history involving violent or abusive conduct as follows: NO YES 0 A finding of abuse by a 0 Children & Youth Agency or similar agency in Pennsylvania or similar statue in another jurisdiction o Has been subject to a Protection from Abuse order in Pennsylvania or similar statute in another jurisdiction Other: Adult in my Date Of Household • Finding 0 Name: Name: 0 0 Name: I verify that the statements made in this affidavit are true and correct. I understand that any false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. CRIMINAL CHARGE INFORMATION FOR INDIVIDUALS INVOLVED IN CHILD CUSTODY CASES CAN BE FOUND BY ACCESSING THE )EN & DAVE PROGRAM AT WWW.JENDAVEPROGRAM.US BRANDI LYNN WEISS PLAINTIFF V. ZACHARY T. WHITTAKER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAb rn 2005-3322 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT -C7 rN) AND NOW, Thursday, March 13, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, April 17, 2014 , the conciliator, 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. Von must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C,P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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. Cer) s'es I I 144-1.(1. Ott17 k 414-1/4/ Siwc&I 3frceAr Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 BRANDI LYNN WEISS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2005-3322 CIVIL ACTION LAW ZACHARY T. WHITTAKER Defendant IN CUSTODY ORDER OF COURT AND NOW, this / day of inA/ ' , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 4,1. A hear�ng • sch uled in Court Room No. 3 of the Cumberland County Court House on the 2014, at /.'30 Pm., at which time testimony will be taken on the Mot'her's Petitions for Contempt and Modification. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. 2. A pretrial conference it scheduled • r , . - • • • • he-Cumberland-C-theourt preoral-stat�ernentt-wrth the- `Cl court i her N. day of consis en 1'9'1-5-4 4 3. Pending the hearing and further Order of Court, in 2014, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day from 9:00 a.m. until 7:00 p.m. 4. Pending the hearing and further Order of Court, the transition from the school year custody schedule to the summer custody schedule as provided in paragraph 3 of the prior Order of this Court dated November 4, 2013 shall be based on the school calendar regular dates rather than the actual adjusted dates due to weather. BY rFIE COURT Edward E. Guido cc: " mane S. Baker Esquire - Counsel for Mother Lee E. Oesterling Esquire - Counsel for Father issr �( s/ry/i y D1 J. 3 BRANDI LYNN WEISS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2005-3322 CIVIL ACTION LAW ZACHARY T. WHITTAKER Defendant IN CUSTODY Prior Judge: Edward E. Guido 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 Child who is the subject of this litigation is as follows: NAME BIRTH YEAR CURRENTLY IN CUSTODY OF Layla Weiss 2005 Mother 2. A custody conciliation conference was held on May 1, 2014, with the following individuals in attendance: the Mother, Brandi Lynn Weiss, with her counsel, Diane S. Baker Esquire, and the Father, Zachary T. Whittaker, with his counsel, Lee E. Oesterling Esquire. 3. This Court previously entered an Order in this matter on November 4, 2013 under which the Mother has primary physical custody and the Father has partial custody on three out of every four weekends from Thursday through Monday. The Mother filed this Petition for Contempt and Modification seeking to reduce the Father's weekend custodial time to enable the Child to participate in activities and also, among other things, to clarify the transition from the school year to the summer schedule in light of the extended last day of school this year due to snow days. 4. The parties were unable to agree on the overall schedule and contempt issues and it will be necessary to schedule a hearing. 5. The Mother's position on custody is as follows: The Mother indicated that the Father refuses to take the Child to her regularly scheduled activities during his weekend periods of custody which has resulted in the Child being dropped from her Friday evening dance class in violation of the current Court Order. According to the Mother, the Child wants to participate in soccer but will not be able to do so as her games will fall on Saturdays although her practices are during the week because the Father will not take the Child to the games. In general, the Mother believes that the Father is not cooperating in making an effort to co -parent with her. 6. The Father's position on custody is as follows: The Father, who lives in Elizabethville, explained that he has other children in his family who have activities on weekends also and he cannot physically ensure that Layla attends activities on his weekends. The Father believes that the Mother schedules activities to specifically take place during his periods of custody and that there is no cooperation in selecting activities for the Child. The Father is not willing to curtail any of his weekend periods of custody and denies that he is in violation of the current Custody Order. 7. The conciliator recommends an Order in the form as attached scheduling a hearing and also including two additional provisions with regard to the timing of the transition from the school year schedule to the summer schedule in 2014 and the Mother's Day/Father's Day holidays. It is recommended that the summer schedule begin as if the last day of school were to take place in accordance with the school year calendar (without taking into consideration the extra school days due to snow during the past school year). It should be noted that the Father objects to this recommendation. The provision is included as this matter will not be resolved by the time the transition takes place unless the hearing is significantly expedited. The recommendation is based upon recognition of the fact that the parties each year (the Mother in this case) make plansy for their alternating weeks (i.e. schedule vacations) prior to the end of the school year in reliance otrthe school year calendar. The recommended provision is designed to avoid conflicts with prescheduled,vacations and special events which were set in reliance on the school calendar. W�} The second recommended provision provides for the Mother to have custody of the' Child on Mother's Day and the Father to have custody on Father's Day from 9:00 a.m. until 7:001;m. This provision was not included in prior Court Orders and was requested by the Mother so that she would have some time with the Child on Mother's Day. The recommendation that the Mother have a custodial period on Mother's Day will not significantly impact the Father's plans for that day. The Father also objects to this recommended provision. Date 8. It is anticipated that the hearing will require up to at least one half day. Otzis (a°i'F Dawn S. Sunday, Esquire Custody Conciliator BRANDI LYNN WEISS, Plaintiff VS. : IN THE COURT OF COMMON PLEAS "c:- : CUMBERLAND COUNTY, PENNSYLVAi : NO. 2005-3322 ZACHARY T. WHITTAKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY MOTION FOR PRE-TRIAL CONFERENCE AND NOW, comes Plaintiff, by and through her attorney, Diane S. Baker, N Esquire, and requests a Pre -Trial Conference as follows: 1. The parties are the parents of the minor child Layla E.L. Weiss, born May 9, 2005, age 9. 2. On March 12, 2014, Plaintiff filed a Petition for Contempt and a conciliation was held on May 1, 2014, with Conciliator Dawn Sunday. 3. On May 1, 2014, Defendant filed a Counter -Claim for Contempt. 4. The parties were unable to reach an agreement at the conciliation. 5. A hearing is scheduled for July 28, 2014, at 1:30 p.m. 6. Plaintiff believes and therefore avers that a pre-trial conference would be of benefit as it will allow counsel and the Court to narrow the issues to be presented at trial. WHEREFORE, the Plaintiff requests this Honorable Court to schedule a pre -trail conference sometime prior to the hearing date of July 28, 2014. DATE: Respectfully submitted, lane S. Baker, Esquire Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 CERTIFICATE OF SERVICE I hereby certify that on this 19th day of May, 2014, a true and correct copy of the aforementioned document was served on the following person by United States Mail, postage prepaid, addressed as follows: Lee Eric Oesterling, Esquire 503 Bridge Street Suite 212 New Cumberland, PA 17070 Respectfully submitted, e S. Baker, Esquire Supreme Court ID 53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 I 11 BRANDI LYNN WEISS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2005-3322 ZACHARY T. WHITTAKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, a Pre -Trial Conference is scheduled on the day of , 2014, at d•3 4 A .m in Court Room No. - of the Cumberland County Court House. 04 -if L_Oesif/214 Cop ies trt..(45:cL siglepy BY THE COURT,. Edward E. Guido J. BRANDI L. WEISS V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ZACHARY T. WHITTAKER : NO. 2005 — 3322 CIVIL : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 2511-I day of JUNE, 2014, because Plaintiff is unavailable for the pre-trial conference which she requested, the matter scheduled for Monday, June 30, 2014, at 9:30 a.m., is CANCELED. The custody hearing shall be held as scheduled for MONDAY, JULY 28, 2014, at 1:30 p.m. in Courtroom # 3. Diane Baker, Esquire Lee E. Oesterling, Esquire achary T. Whittaker :sld /G. 7//y Edward E. Guido, J. C") rrl q► JEANNE B. COSTOPOULOS, ESQUIRE Attorney 1.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 BRANDI LYNN WEISS, Plaintiff vs. ZACHARY T. WHITTAKER, Defendant OFTHE PRO:7HO Nt TARY nth JUL' 23 PM It 50 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-3322 : CIVIL ACTION - LAW : CUSTODY PRAECIPE FOR ENTRY OF LIMITED APPEARANCE AS COUNSEL FOR PLAINTIFF FOR HEARING ON JULY 28, 2014 TO THE PROTHONOTARY: Please enter my limited appearance as counsel of record for Defendant, Zachary T. Whittaker, in the above custody action for the sole and limited purpose of representation at the custody hearing scheduled on July 28, 2014 before the Hon. Edward E. Guido. Dated: %/ 37 By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Fax No. (717) 591-9065 Email: jbclegal@gmail.com CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Diane S. Baker, Esquire 27 Arlene Street. P.O. Box 6443 Harrisburg, PA 17112 By: Dated: 76377 E B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Fax No. (717) 591-9065 Email: jbclegal@gmail.com BRANDI LYNN WEISS, Plaintiff VS. ZACHARY T. WHITTAKER, Defendant : IN THE COURT : CUMBERLAND : NO. 2005-3322 n .c - OF COMMON PLEA F. COUNTY, PENNSYL'1NNI' o , r -4 C) -n <c:) .-a•p-r; 2 C)2:5 I' c) r' j- Cs�- 7 .� CM ~- ....7; CIVIL ACTION - LAW : CUSTODY -4 CRIMINAL RECORD / ABUSE HISTORY VERIFICATION Yom, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. §49 elating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime all that apply 18 Pa.C.S. Ch. 25 (relating to criminal homicide) 18 Pa.C.S. §2702 (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) 18 Pa.C.S. §2709.1 (relating to stalking) 18 Pa.C.S. §2901 (relating to kidnapping) rl 18 Pa.C.S. §2902 (relating to unlawful restraint) Self Other household member LI u 0 Date of conviction, Sentence guilty plea, no contest plea or pending charges 0 ii 18 Pa.C.S. §2903 (relating Li to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating Li L to rape) 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating LI to involuntary deviate sexual intercourse) 1.8 Pa.C.S. §3124.1 LI El (relating to sexual assault) 18 Pa.C.S. §3125 (relating 0LI to aggravated indecent assault) LI 18 Pa.C.S. §3126 (relating to indecent assault) 18 Pa.C.S. §3127 (relating LI to indecent exposure) Li•18 Pa.C.S §3129 (relating in Li LI to sexual intercourse with animal) LI 18 Pa.C.S §3130 (relating to conduct relating to sex offenders) LI 18 Pa.C.S.§3301 (relating to arson and related offenses) Li Li 18 Pa.C.S. §4302 (relating Li LI to incest) 18 Pa.C.S. §4303 (relating to concealing the death of child) 18 Pa.C.S. §4304 (relating to endangering welfare of children.) 18 Pa.C.S. §4305 (relating to dealing in infant children) Li 18 Pa.C.S. §5902(b) Li (relating to prostitution and related offenses) El 18 Pa.C.S. §5903(c) or (d) j ri (relating to obscene and other sexual materials and performances) 18 Pa.C.S.§6301 (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) Li 18 Pa.C.S. §6318 (relating to unlawful contact with minor) Li 18 Pa.C.S. §6320 (relating Li to sexual exploitation of children) ri Li 23 Pa.C.S.§6114 (relating to contempt for violation of protection order or agreement) Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any Li El Li gOvt,‘ ikkce cAST. 20 0 controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct, or involvement with a Children & Youth agency, including the following: Check Self Other household Date all that member apply A finding of abuse by a Children & Youth L Agency or similar agency in Pennsylvania or similar statute in another jurisdiction [J Abusive conduct as defined under the LJ Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Involvement with a Children & Youth Agency or similar agency in Pennsylvania or another jurisdiction. Where?: Other: Ci State the date and circumstance of the child abuse, the named perpetrator of the abuse and the jurisdiction or location where the abuse took place. 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: jU� c A4ces 5 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child(ren): Identify all household members by name and age that currently reside with you, and were included in the responses to Questions 1-2 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: 6ro,&kif s VL) -1(f\ 0J r Q hu -S (f(44044 A<o— - IH Sln �d e (_ s_Q 1OTCI Cw 4 SP1 WW1, �l 6. State whether you or any member of your household was provided services by a child welfare agency (eg., County. Children, Youth & Families agency). If yes, please indicate: a. The individuals that received services: b. The type of services provided: c. The circumstances surrounding the provision of services: d. The time frame during which the services were or are being provided: e. The jurisdiction or location where services are being or were provided: I verify that the information above is true and correct to the best of my knowledge, information or 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: -1.2r © q Printed Name Dauphin County Court of Common Pleas Court Summary Schadel, Colby James , 17061 Aliases: Schadel, Colby Closed Dauphin CP -22 -CR -0000756-2004 DOB:10/28/1984 Proc Status: Migrated Final Disposition DC No: Sex:Male Eyes: Blue Hair:Blond or Strawberry Race:Caucasian OTN:H8035064 Arrest Dt: Disp Date: 09/16/2004 Disp Judge: Migrated, Judge DefAtty: Tully, William T. - (PR) Seq No Statute Grade Description Disposition Sentence Dt. Sentence Type Program Period Sentence Length 1 75 § 3732 F3 Homicide By Vehicle Not Guilty 2 18 § 2702 F1 Aggravated Assault Nolle Prossed 3 18 § 2702 Fl Aggravated Assault Nolle Prossed 4 18 § 2504 M1 Involuntary Manslaughter Guilty 02/25/2004 IPP Min: 4 Year(s) 10 Month(s) Max: 4 Year(s) 10 Month(s) 5 18 § 2701 M2 Simple Assault Guilty 02/25/2004 Probation Min: 2 Year(s) Max: 2 Year(s) 6 18 § 2701 M2 Simple Assault Guilty 02/25/2004 Probation Min: 2 Year(s) Max: 2 Year(s) 7 18 § 2701 M2 Simple Assault Guilty 02/25/2004 Probation Min: 2 Year(s) Max: 2 Year(s) 8 18 § 2705 M2 Recklessly Endangering Another Guilty Person 02/25/2004 Probation Min: 2 Year(s) Max: 2 Year(s) 9 18 § 2705 M2 Recklessly Endangering Another Guilty Person 02/25/2004 Probation Min: 2 Year(s) Max: 2 Year(s) 10 18 § 2705 M2 Recklessly Endangering Another Guilty Person 02/25/2004 Probation Min: 2 Year(s) Max: 2 Year(s) 11 75 § 3736 S Reckless Driving Guilty 12 75 § 3714 S Careless Driving Guilty 13 75 § 3361 S Driving At Safe Speed Guilty 14 75 § 4581 S Fail To Use Safety Belt System Guilty AOPC 3541 REV. 11/29/2011 Page 1 of 1 Printed: 11/20/2012 11:00 AM Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the courts of the Unified Judicial • System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Court Summary Report information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C:S. Section 9183. Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" recorded in the Common Pleas Criminal Court Case Management System for this offense. In such an instance, you must view the public web docket sheet of the case wherein the offense is charged in order to determine what the most up-to-date disposition information is for the offense. BRANDI L. WE,ISS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-3322 CIVIL TERM ZACHARY T. WHITTAKER, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 28th day of July, 2014, after hearing, the Petitions for Contempt are DISMISSED. The Petitions for Modification are DENIED. Our Order of November 4, 2013, shall remain in full force and effect as modified by the Order entered at the recommendation of the custody conciliator. By the Court, Edward E. Guido, Diane S. Baker, Esquire At; t orney for Plaintiff Jeanne B. Costopoulos, Esquire Attorney for Defendant srs Cop' cc trZitecL, "r2c1/51 '=tr) OC :H WV OC TIME Diane S. Baker, Esquire LD. No. 53200 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 BRANDI LYNN WEISS, Plaintiff vs. ZACHARY T. WHITTAKER, Defendant F TH 0 ,U\\ 712:11,,V1r1 I 3 : 32 r(V.r,'ITV 1,,Ut P Ei Y Ulf\ 'll : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-3322 : CIVIL ACTION - LAW : IN CUSTODY PETITION TO WITHDRAW AS COUNSEL AND NOW comes Petitioning Counsel, Diane S. Baker, Esquire, attorney for Plaintiff, Brandi Lynn Weiss, who files this Petition to Withdraw Appearance and in support thereof avers as follows: 1 Plaintiff, Brandi Lynn Weiss, is an adult individual who resides at 118 North Street, Elizabethville, Pennsylvania 17023. 2. Defendant, Zachary T. Whittaker, is an adult individual who resides at 1150 Brockton Circle, New Cumberland, Pennsylvania 17070. 3. On or about May 30, 2013, Brandi Lynn Weiss engaged the services of Diane S. Baker for her custody matters. 4. Since that date Petitioning Counsel has represented Plaintiff in her ongoing litigations. 5. Plaintiff has failed to comply with the terms of her representation agreement and Petitioning counsel has been unable to make contact with her to discuss. 6. There are no proceedings pending at the current time. 7. Petitioning Counsel requests leave of Court to withdraw as counsel. WHEREFORE, Petitioning Counsel, Diane S. Baker, Esquire respectfully requests this Honorable Court issue a Rule upon the Plaintiff to show cause why Petitioning Counsel should not be permitted to withdraw as counsel for Plaintiff, Brandi Lynn Weiss. Respectfully Submitted, S. Baker, Esquire I.D. No. 53200 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 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 falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that on this ,day of November, 2014, a true and correct copy of the• foregoing document was served on the following persons by United States Mail, postage prepaid, addressed as follows: Brandi Weiss 118 North Street Elizabethville, PA 17023 and Jeanne B. Costopoulos, Esquire 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 Respectfully Submitted, lane S. Baker, Esquire I.D. No. 53200 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 BRANDI LYNN WEISS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO, 2005-3322 ZACHARY T. WHITTAKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY RULE TO SHOW CAUSE AND NOW thi ay of AV e ini1X, 2014, upon consideration of the attached Petition, a Rule is hereby issued upon the Plaintiff, Brandi Lynn Weiss, to Show Cause why her attorney, Diane S. Baker, Esquire, should not be permitted to withdraw as rTi cz) her counsel. counsel. RULE RETURNABLE WITHIN DAYS OF SERVICE Distribution: Name Address Party BY THE COURT: • C.".) >s r • .- C :17> (1/4) Diane Baker, Esquire Jeanne B. Costopoulos; Esquire P.O. Box 6443 5000 Ritter Road, Suite 202 Harrisburg, PA 17112-0443 Mechanicsburg, PA 17055 Plaintiff Defendant Brandi Lynn Weiss 118 North Street Elizabethville, PA 17023 C) BRANDI LYNN WEISS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2005-3322 ZACHARY T. WHITTAKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION TO MAKE RULE ABSOLUTE AND NOW comes, Diane S. Baker, Esquire, attorney for Plaintiff, Brandi Lynn Weiss, and Petitions the Court for a Rule Absolute granting her leave of Court to withdraw as counsel and in support thereof avers as follows: 1. Plaintiff, Brandi Lynn Weiss, is an adult individual who resides at 118 North Street, Elizabethville, Pennsylvania 17023. 2. Defendant, Zachary T. Whittaker, is an adult individual who resides at 1150 Brockton Circle, New Cumberland, Pennsylvania 17070. 3. On November 18, 2014, the Honorable Edward E. Guido issued a Rule upon the Plaintiff to show cause why her counsel, Diane S. Baker, should not be granted leave of Court to withdraw as counsel. 4. The Rule was returnable 20 days from service. Plaintiff was served by regular mail to her last known mailing address on November 20, 2014. The Certificate of Service is attached hereto as Exhibit A. 5. It has been more than 20 days since service of the Rule and Plaintiff has failed to respond. WHEREFORE, Petitioner, Diane S. Baker, respectively requests your Honorable Court make the Rule Absolute and grant Petitioner leave of Court to withdraw as counsel for the Plaintiff, Brandi Lynn Weiss. Respectfully Submitted, . Baker, Esquire . No. 53200 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 717-671-9600 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 falsification to authorities. DI E S. BAKER, ESQUIRE CERTIFICATE OF SERVICE I hereby certify that on this % % day of December, 2014, a true and correct copy of the foregoing document was served on the following persons by United States Mail, postage prepaid, addressed as follows: Brandi Weiss 118 North Street Elizabethville, PA 17023 and Jeanne B. Costopoulos, Esquire 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 Respectfully Submitted, aker, Esquire o. 53200 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 EXHIBIT A BRANDI LYNN WEISS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2005-3322 ZACHARY T. WHITTAKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this 20th day of November, 2014, a true and correct copy of the Petition to Withdraw as Counsel document was served on the following persons by United States Mail, postage prepaid, addressed as follows: Brandi Weiss 118 North Street Elizabethville, PA 17023 and Jeanne B. Costopoulos, Esquire 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 Respectfully Submitted, Diane S. Baker, Esquire I.D. No. 53200 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 BRANDI LYNN WEISS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2005-3322 ZACHARY T. WHITTAKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY AND NOW, this A ORDER day of)3i/V1,,e511.1 Je , 2014, upon consideration of the attached Petition to Make Rule Absolute, it is hereby ordered that Diane S. Baker, Esquire, is granted leave of Court to withdraw as counsel for Plaintiff, Brandi Lynn Weiss. Distribution: Name Address Party Diane Baker, Esquire P.O. Box 6443 Harrisburg, PA 17112-0443 Plaintiff BY THE COURT: Brandi Lynn Weiss 118 North Street Elizabethville, PA 17023 frL, 1/4. -91/4 J. Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Defendant BRANDI LYNN WEISS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA:,. vs. : NO. 2005-3322 ZACHARY T. WHITTAKER, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, Brandi Lynn Weiss, in the above -referenced matter. DATE: 111 Respectfully sub S. Baker, Esquire I.D. No. 53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600