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HomeMy WebLinkAbout05-6378SHANNON LEE GERMER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-6378 CIVIL ACTION LAW KAYLA NIKOLE BELCHER, JAN M. IN CUSTODY GERMER DEFENDANT ORDER OF COURT AND NOW, Friday, October 16, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, November 20, 2009 at 1:00 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. 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/ John . Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 z. ,a C,u 0 SHANNON LEE GERMER, PLAINTIFF VS. KAYLA NIKOLE BELCHER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO.O.T- L2V CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Defendant/Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 SHANNON LEE GERMER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. KAYLA NIKOLE BELCHER, DEFENDANT NO.05- (,3 9F CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, SHANNON LEE GERMER, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: The Plaintiff (hereinafter sometimes referred to as "Grandmother") is SHANNON LEE GERMER, who currently resides at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant (hereinafter sometimes referred to as "Mother") is KAYLA NIKOLE BELCHER who currently resides at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff seeks Shared Legal and Physical Custody of the following child: Name Present Residence Date of Birth KAIDEN RILEY SIGMUND 29 Lancaster Avenue November 29, 2005 Enola, PA 4. The child was born out of wedlock. 5. The child is presently in the custody of the Plaintiff and Defendant, who reside at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. 6. Since the child's birth the child has resided with the following persons at the following addresses: PERSONS ADDRESS DATES Plaintiff, Defendant, Defendant's 29 Lancaster Avenue Birth to Present Step-Father, Defendant's brother Enola, PA 7. The Mother of the child is the Defendant, Kayla Nikole Belcher, who currently resides at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. The Mother was born on November 24, 1991 and is fourteen (14) years of age. The Mother is currently attending East Pensboro Middle School, but has been and continues to be tutored in her home during the 2005-06 school year. Mother intends to complete high school. 8. The Defendant does not know the identity of the father of the child. Mother has had sexual intercourse with more than one male and has no idea of the identity of the father. 9. The relationship of the Plaintiff, Shannon Lee Germer, to the child is that of the Natural Grandmother. Grandmother resides at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. 10. The Plaintiff, Grandmother, wishes to provide her daughter, the Defendant and her grandson with a loving home in which they can both grow and develop. 11. The Plaintiff, Grandmother wishes to enable her daughter, the Defendant to complete her high school education and any additional educational programs to enable her to be successfully employed and able to provide a home for herself and her son. 12. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. Plaintiff has not participated as a party in any prior custody agreement concerning the custody of the child in any other court in Pennsylvania. 14. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 15. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Grandmother has been and continues to be the mother and primary care giver for the Defendant and the child; B. Grandmother does not wish to interfere with Mother's care and relationship with the child, Grandmother only desires to have a formal custody order in place to enable her to protect and care for her Daughter, the Defendant and her grandson, the child in question. 16. 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, SHANNON LEE GERMER, requests this Honorable Court award the Plaintiff, SHANNON LEE GERMER and the Defendant, KAYLA NIKOLE GELCHER, SHARED LEGAL and PHYSICAL CUSTODY of the minor child, KAIDEN RILEY SIGMUND. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: December 12, 2005 Susan Kay Cand Counsel for Plai PA I.D. # 64998 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: (? ?,?CSd ?UYILkA SHANNON LEE GERMER ?_ } j?? 1 1 1 ? ? .. ' ? ?1..! ?? ? ? wV ,, `4J' SHANNON LEE GERMER, PLAINTIFF VS. KAYLA NIKOLE BELCHER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 05-6378 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY Plaintiff SHANNON LEE GERMER (hereinafter sometimes referred to as "Grandmother") currently resides at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. Defendant KAYLA NIKOLE BELCHER (hereinafter sometimes referred to as "Mother") currently resides at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. The Father of the child is unknown. KAIDEN RILEY SIGMUND (hereinafter sometimes referred to as "Kaiden"), born on November 29, 2005, is the subject of this Stipulation for Agreed Order of Custody and is the natural grandchild of Plaintiff SHANNON LEE GERMER and the natural child of Defendant KAYLA NIKOLE BELCHER. It is Plaintiff, SHANNON LEE GERMER and Defendant, KAYLA NIKOLE BELCHER'S belief that it is in the best interests of this minor child to have a meaningful ongoing relationship with his natural Grandmother and with his Mother, provided the child is in a safe environment. WHEREFORE, Plaintiff, SHANNON LEE GERMER and Defendant, KAYLA NIKOLE BELCHER have entered into a mutual agreement regarding the custody of this child and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff, SHANNON LEE GERMER and Defendant, KAYLA NIKOLE BELCHER shall share Legal Custody (as defined in 23 Pa.C.S.A. Section 5302) of the minor child, KAIDEN RILEY SIGMUND. 2. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving this child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Grandmother and Mother following a harmonious policy in this child's best interest. 3. With regard to any emergency decisions which must be made, the party with whom the child is physically with at the time shall be permitted to make the decision necessitated by the emergency without consulting the other party in advance. However, that party shall inform the other of the emergency and consult with her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the party having physical custody at the time. 4. Kaiden shall reside with Grandmother and Mother in Grandmother's residence until Mother has graduated from high school and/or completed any additional educational programs which Mother becomes enrolled in. 5. During the period of time while Kaiden and Mother are residing in Grandmother's home Mother shall continue to have primary responsibility for Kaiden's care. 6. During the period of time while Kaiden and Mother are residing in Grandmother's home Mother shall contribute financially to Grandmother as Mother is able, considering Mother's age and responsibilities with Kaiden. Grandmother and Mother shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND z SHANNON LEE GERMER KAYLA NIKOLE BELCHER SS: On this, the G day of FM-? 2005, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared SHANNON LEE GERMER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. ....??? rioHawt sE?t SVCEY t WNM No+crv PUW lM:V WM r*p CUIrbE NAW COUNVY 9 n 22.2009 Canwnww EWM Ju in writina and sinned by the narties. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the CIl day of ) [? I? , 2005, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared KAYLA NIKOLE BELCHER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. MOTAMm SEAL Motary Public MMIPOEM nyP, CUMSERtAMp COUNN My C"M*810n EVIM Jun 22, 2009 r- i cr:: ?- : i =ii ' .r - _? ..._, .. i - rii i C'? IV ': ',. \, ? I' _, q? T}g .'..? SHANNON LEE GERMER, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA, VS. NO. 05-6378 CIVIL TERM KAYLA NIKOLE BELCHER, : CIVIL ACTION -LAW DEFENDANT : IN CUSTODY ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: I hereby accept service of the Complaint for Custody in the above matter. Respectfully submitted, Dated: December "_, 2005 ?kc . AA M? "p ?"?p D P .Lc KAYL NIKOLE BELCHER Defendant , IF r?' l DEC 2 7 2005 M SHANNON LEE GERMER, PLAINTIFF VS. KAYLA NIKOLE BELCHER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6378 CIVIL TERM CIVIL ACTION - LA W IN CUSTODY ORDER OF COURT AND NOW, this 4'? day of ?, 200 ? , upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff SHANNON LEE GERMER and Defendant KAYLA NIKOLE BELCHCER shall SHARE LEGAL and PHYSICAL CUSTODY of the minor child, KAIDEN RILEY SIGMUND, in accordance with the language contained in the within Stipulation. oa,0 U? BY THE COURT, r, ( SHANNON LEE GERMER, Plaintiff V. KAYLA NIKOLE BELCHER Defendant V. JAN M. GERMER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law No. 2005-6378 IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Shannon Lee Germer, by and through her counsel, Michael J. Whare, Esquire and in support of her Petition to Modify Custody avers as follows: 1. Plaintiff is Shannon Lee Germer, hereinafter referred to as "Grandmother". 2. Defendant is Kayla Nikole Belcher, hereinafter referred to as "Mother". 3. Defendant is Jan M. Germer, hereinafter referred to as "Father". 4. Plaintiff is the maternal grandmother of Kaiden Riley Sigmund, born November 29, 2005 and Kiley Sigmund, born January 8, 2007. Defendant Kayla Nikole Belcher is the biological mother of the children and Defendant Jan M. Germer is the biological father of the children. 5. The Honorable Judge M.L. Ebert, Jr. entered a Custody Order in regards to the above captioned case on Janaury 4, 2006. (Attached as Exhibit A) 6. Since the entry of said Order, there has been a significant change in circumstances in that: a) Kiley Sigmund was born after current Custody Order was entered and Grandmother desires to include her in the Custody Order. b) The father of Kaiden Sigmund was unknown at the time of the previous order and it has since been discovered that Jan Germer, former stepfather of Kayla Belcher, is the father of both Kaiden and Kiley. c) Father is currently incarcerated at SCI Camp Hill. d) Mother resides with the Children at Grandmother's residence e) Grandmother is best able to provide a safe and stable environment for the Children. f) Grandmother has undertaken and performed the primary parental responsibilities for the Children. 7. The best interest of the Children will be served by the Court modifying said Order and granting Grandmother shared physical and legal custody of the children. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant her Petition to Modify Custody. Respectfully submitted, Date: / p - t Y ?o'f 44,Jd i, Michael J. Whare, Esq ire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff SHANNON LEE GERMER, Plaintiff V. KAYLA NIKOLE BELCHER Defendant V. JAN M. GERMER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law : No. 2005-6378 IN CUSTODY ATTORNEY VERIFICATION I 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 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: 10-1,1_01 1, Michael J. Where, sq. SHANNON LEE GERMER, Plaintiff V. KAYLA NIKOLE BELCHER Defendant V. JAN M. GERMER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law No. 2005-6378 IN CUSTODY CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Plaintiff, do hereby certify that I this day mailed a copy of the within Petition to Modify Custody upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jan M. Germer Inmate #HM0724 SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001 Dated: ichael J. Whare, squire Attorney for Plaintiff 7`iLt,l_.` r.r 229 O CT 2: 9 1 C4t 41611- :?iv 14vl*, a??w NOV2320094 tr? SHANNON LEE GERMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 05-6378 CIVIL ACTION LAW KAYLA NIKOLE BELCHER, JAN M. IN CUSTODY GERMER Defendants Prior Judge: M. L. Ebert, Jr., J. ORDER OF COURT AND NOW this 1 day of November 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in the above docket number are hereby VACATED and replaced with the instant Order. 2. Legal Custody: The Maternal Grandmother, Shannon Germer, and the Mother, Kayla Belcher, shall have shared legal custody of Kaiden Sigmund, born 11/29/2005 and Kiley Sigmund, born 01/08/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each party shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. 3. Physical Custody: Maternal Grandmother, Shannon Germer, and Mother, Kayla Belcher, shall share physical custody of the subject Children as the parties may agree. Absent further Order of Court, the Father, Jan Germer, shall have no contact with the Children nor any other party to this action. 4. As Father's parental rights have not been terminated, in the event that Father desires to, or is able to, assert his legal/physical custodial rights to the subject Children, Father may petition the Court for consideration. 5. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, A\J. Distribution: Michael Whare, Esquire (Two copies of the instant Order) Jan Germer, Inmate #HM0724, SCI Camp Hill, P.O. Box 200, Camp Hill, PA 17001 John J. Mangan, Esquire If _ p q 9- SHANNON LEE GERMER, Plaintiff V. KAYLA NIKOLE BELCHER, JAN M. GERMER Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-6378 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Kaiden Riley Sigmund 11/29/2005 Maternal Grandmother and Mother Kiley Sigmund 01/08/2007 Maternal Grandmother and Mother 2. A Conciliation Conference was held with regard to this matter on November 20, 2009 with the following individuals in attendance: The Mother, Kayla Belcher, pro se The Maternal Grandmother, Shannon Germer, with her counsel, Michael Whare, Esq. The Father, Jan Germer, did not appear, (incarcerated SCI Camp Hill). 3. The parties agreed to the entry of an Order in the form as attached. r`I Date t _ Esquire y C ciliator FIB ?;?;??uE OF THE PPO!' `ONCTARY 2009 NOV 24 AM 8: 20 JiNT SHANNON LEE GERMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA r V. : Civil Action- Law t' KAYLA NIKOLE BELCHER, : No. 2005-6378 ? JAN M. GERMER r Defendants : IN CUSTODY STIPULATION AND CUSTODY AGREEMENT tk This Stipulation and Custody Agreement is made this 7 day of A r; , 2010 by and between Shannon Lee Germer (Hereinafter referred to as "Grandmother") and Kayla Nikole Belcher (Hereinafter referred to as "Mother"). WHEREAS, Mother and Grandmother have reached an agreement relative to the future care, custody and visitation of Kaiden Sigmund, born November 29, 2005 and Kiley Sigmund, born January 8, 2007( Hereinafter referred to as "Children"), the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Grandmother desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. This Stipulation and Custody Agreement modifies the previous Orders of Court entered on November 23, 2009 by the Honorable Judge M.L. Ebert, Jr. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree to T, -c the custody order as follows: 1. Grandmother and Mother shall have shared legal custody of the children. 2. Grandmother shall have primary physical custody of the children subject to periods of partial physical custody for Mother as mutually agreed upon by the parties. 3. The parties shall share physical custody of the Children on the following major holidays on an equal basis: Easter, Thanksgiving and Christmas. 4. Mother agrees that when the children are in her custody, Tyler Line will not be allowed to have contact with the children. 5. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parties are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule and any other parenting issues. 6. The parties are free to modify the terms of this Order but in order to do so the Court makes it clear that both parties must be in complete agreement to any new terms. That means that both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 7. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 8. This Agreement shall be governed and controlled by the laws of Pennsylvania. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: hannon Lee Germer APR U J 'LU10 SHANNON LEE GERMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law KAYLA NIKOLE BELCHER, : No. 2005-6378 JAN M. GERMER Defendants : IN CUSTODY c _ ?Sz Q -z, 177 ORDER OF COURT rrr! upon pre ntat FiRi f 2010 d C , , ay o NOW THIS < t. ?a It is hereby Ordered ulation and Custody Agreement ithin Sti f th i id , p e w on o erat and cons and decreed as follows: 1. All prior Orders in the above docket number are hereby vacated and replaced with the instant Order. 2. Grandmother and Mother shall have shared legal custody of the children. 3. Grandmother shall have primary physical custody of the children subject to periods of partial physical custody for Mother as mutually agreed upon by the parties. 4. The parties shall share physical custody of the Children on the following major holidays on an equal basis: Easter, Thanksgiving and Christmas. 5. Mother agrees that when the children are in her custody, Tyler Line will not be allowed to have contact with the children. 6. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parties are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule and any other parenting issues. 7. The parties are free to modify the terms of this Order but in order to do so the Court makes it clear that both parties must be in complete agreement to any new terms. That means that both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. BY THE COURT, - - ? Aj?' M.L. Ebert, Jr. 4. z cc?:Michael J. Whare, Esq. for Plaintiff Kayla Nikole Belcher, Pro se Go t E.S A?// Z/ /v SHANNON LEE GERMER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION -LAW KAYLA NIKOLE BELCHER No. 2005-6378 CIVIL TERM Defendant : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of KAYLA NIKOLE BELCHER, the Defendant in this matter: Joseph D. Buckley, Esquire Supreme Court I. D. # 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw@aol.com Thank you. Date: August 17, 2011 4'n Attorney for the L)eienaant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Entry of Appearance was duly served via United States First Class Mail, postage prepaid upon the following person: Michael J. Whare, Esquire 37 East Pomfret Street Carlisle, PA 17013 Date: August 17, 2011 SHANNON LEE GERMER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION - LAW KAYLA NIKOLE BELCHER No. 2005-6378 Defendant : IN CUSTODY And JAN M. GERMER Additional Defendant CIVIL TERM C i v ? r l ? = z? - r ? - K) S r - T • [...) "C:> PETITION FOR MODIFICATION OF CUSTODY AND NOW comes Defendant, Kayla Nikole Belcher, by and through her attorney, Joseph D. Buckley, Esquire and seeks custody of her children Kaiden Riley Sigmund and Kiley Sigmund, both minors, based on the following: 1. Plaintiff, Shannon Lee Garmer, is the mother of the Defendant Kayla Nichole Belcher, the maternal grandmother of the children involved and the former wife of the Defendant Jan M. Germer, and she currently resides at 754 West North Street, Carlisle, PA 17013. 2. Defendant, Kayla Nikole Belcher, an adult residing at 1654 Newville Road, East Pennsboro Township, Carlisle, PA 17015. 3. Additional Defendant Jan M. Germer is the biological father of the children, was Plaintiff's former husband and Defendant's step-father and is currently an inmate at the Camp Hill Correctional Facility. 4. Defendant seeks custody of the following children: akw H 6t? CIzt? ¢- 1+1- alo3Cel Name Current address Date of Birth Kaiden Riley Sigmund 754 West North Street, Carlisle, PA 11/29/2005 Kiley Sigmund 754 West North Street, Carlisle, PA 01/08/2007 5. The children were born out of wedlock. 6. The children are presently in the custody of Plaintiff at her residence at 754 West North Street, Carlisle, PA 17013. 7. During the past five years, the children/child have/has resided with the following persons at the following addresses: AT- o Address n n+-- Kayla Nikole Belcher, Shannon Lee Germer, Jeffrey Dixon,Cody Sigmund, Lakin Witters, and Josh Dietz 754 West North Street, Carlisle, PA Kayla Nikole Belcher, Shannon Lee Germer, Arthur Line,Cody Sigmund, Lakin Witters, 08/2010 - present Mount Rock Road, Carlisle, PA 17015 04/2010 - 08/2010 Kayla Nikole Belcher, Shannon Lee Germer, Jeffrey Dixon,Cody Sigmund, Lakin Witters, Mohawk Road, Newville, PA 17241 Kayla Nikole Belcher, Shannon Lee Germer, Arthur Line,Cody Sigmund, Lakin Witters, McCalister Church Road, Carlisle, PA 17015 Kayla Nikole Belcher, Shannon Lee Germer, Jeffrey Dixon,Cody Sigmund, Lakin Witters, 04/2009 - 04/2010 01/2009 - 04/2009 Newville Road, Carlisle, PA 17013 01/2008 - 01/2009 Kayla Nikole Belcher, Shannon Lee Germer, Jeffrey Dixon,Cody Sigmund, Lakin Witters, Newport (Street address unknown), PA 07/2007 - 01/2008 Kayla Nikole Belcher, Shannon Lee Germer, Cody Sigmun, Lakin WiTiters, Newport, (Street Address unknown), PA 01/2007 - 07/2007 Kayla Nikole Belcher, Shannon Lee Germer, Cody Sigmund, Lakin WiTters, Jan Germer 29 Lancaster Avenue, Enola, PA 05/2005 - 01/2007 8. The mother of the children Kayla Nikole Belcher, an adult residing at 1654 Newville Road, East Pennsboro Township, Carlisle, PA 17015. Mother's current status is single. 9. The biological father of the children, is currently an inmate at the Camp Hill Correctional Facility. Father's current marital status is unknown. 10. The relationship of plaintiff to the children is grandmother. The plaintiff currently resides with the following persons: Name Address Jeffrey Dixon (husband), Cody Sigmund (son), Lakin Witters (daughter), and Josh Dietz (nephew) 754 West North Street, Carlisle, PA 11. The relationship of defendant to children is that of biological mother. Defendant currently resides with the following person: Glenn Bear (age 21 ) 1654 Newville Road, Carlisle, PA 17015 12. Until Friday August 12, 2011Defendant resided with Plaintiff while Defendant was a minor and both had custody of the children pursuant to agreements prepared by Plaintiff's attorney while they resided together. 13. Defendant is now an adult and gainfully employed as a Certified Nursing Assistant at the Church of God Home, North Hanover Street Carlisle, PA 17013. 14. Defendant and her children do not have reasonable living conditions or quarters in a house with five adults and three children. 15. Plaintiff has not provided stable living conditions and has moved the family six (6) times in the past four years. 16. Defendant must share a bedroom and bed with her child or children. 17. Plaintiff remarried this past July for the fourth time and recently informed Defendant they would again be moving. 18. Plaintiff informed Defendant that it was time she and her children move into their own home and that Defendant had begun a serious relationship with a man of her age. 19. The young man is gainfully employed and owns a home in East Pennsboro Township. 20. Defendant informed Plaintiff she could not move out, could not date a man unless Plaintiff approved. 21. Because of the living conditions, Defendant removed herself from Plaintiff's rented home and attempted to take her children and Plaintiff refused her. 22. Plaintiff has refused Defendant to see or visit her children unless Plaintiff is present. 23. Plaintiff has informed Defendant that she may see her children if she returns to live with Plaintiff. 24. Defendant is living in Big Spring School District and desires her children, one of whom is to enter school this school year, to attend school in the Big Spring School District. 25. Plaintiff lives in the Carlisle School District but has stated she desires to enroll the children in South Middleton School District as she plans on moving to that school district with her new husband. 26. Plaintiff is employed as a truck driver and drives nightly leaving the Defendant's children in the care and custody of Plaintiff's fourteen year old daughter. 27. The parties entered into former agreements which were approved by this Honorable Court, specifically the Honorable M.L. Ebert, Jr.; however, these agreements were made with Defendant when she was a minor, without benefit of counsel or a guardian ad litum. The most recent agreement and order was signed by Defendant because she was told it had to be signed so that her children could be covered under the Plaintiff's health insurance policy. 28. Copies of all former Orders, Agreements and Stipulations are attached hereto and collectively mark "Exhibit A". 29. The best interest and permanent welfare of the children will be served by granting custody to Defendant mother. The children have been moved constantly by Plaintiff. 30. Plaintiff has provided an unstable environment for both Defendant and her children. 31. Defendant has found a stable, loving environment in her new home. 32. Defendant agrees to have Plaintiff as a part of her life and that of her children and desires that Plaintiff have liberal visitation. 33. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child have been named as parties to this action. There are no other persons who are known to have or claim to have any custody or visitation rights concerning the child. 34. This matter had previously been assigned to John J. Mangan, Jr., Esquire as the Court's Custody Conciliator. WHEREFORE, Defendant requests this Honorable Court grant her full custody of her children Kaiden Riley Sigmund and Kiley Sigmund. Respectf,plly submitted, J BuWIW, Vsir Attorney for PlaintiSupreme Court I.D.# 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLawgaol.com VERIFICATION I, Kayla Nikole Belcher, Petitioner/Defendant, hereby verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I further understand that statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date:&- II ?A ? (? - 0 ??OD 0 ay a riole elcher SHANNON LEE GERMER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW KAYLA NIKOLE BELCHER : No. 2005-6378 CIVIL TERM Defendant : IN CUSTODY And JAN M. GERMER : Additional Defendant: CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Petition in the above mentioned case was duly served on the following persons at the following address by means of United States First Class Mail, prepaid: Michael J. Whare, Esquire 37 East Pomfret Street Carlisle, PA 17013 Jan Germer Inmate #HM0724 SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001 Date: k_ Z-0 ?ph D. Blfckley, Esquir Attorney of the Defendant ID# 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw(a),aol.com EXHIBIT "A" APIA U ? YU10 SHANNON LEE GERMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law KAYLA NIKOLE BELCHER, : No. 2005-6378 JAN M. GERMER Defendants : IN CUSTODY ORDER OF COURT- -- Fri -17 . upon pre&entatW f 2010 d , ay o NOW THIS v^ and consideration of the within Stipulation and Custody Agreement, It is hereby Ordered =c and decreed as follows: 1. All prior Orders in the above docket number are hereby vacated and replaced with the instant Order. 2. Grandmother and Mother shall have shared legal custody of the children. 3. Grandmother shall have primary physical custody of the children subject to periods of partial physical custody for Mother as mutually agreed upon by the parties. 4. The parties shall share physical custody of the Children on the following major holidays on an equal basis: Easter, Thanksgiving and Christmas. 5. Mother agrees that when the children are in her custody, Tyler Line will not be allowed to have contact with the children. 6. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parties are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule and any other parenting issues. 7. The parties are free to modify the terms of this Order but in order to do so the Court makes it clear that both parties must be in complete agreement to any new terms. That means that both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. BY THE COURT, "it, J?' ?X- ? M.L. Ebert, Jr. \N. cc: ichael J. Whare, Esq. for Plaintiff Kayla Nikole Belcher, Pro se GopE.S /rid 1 l?cl? A?1/ Zl rv SHANNON LEE GERMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVAN IA _ V. : Civil Action- Law m? _? . ? '11M KAYLA NIKOLE BELCHER, : No. 2005-6378 ;r _r, ? JAN M. GERMER p ` -' Defendants : IN CUSTODY STIPULATION AND CUSTODY AGREEMENT c, fti This Stipulation and Custody Agreement is made this 7 day of A r; I _, 2010 by and between Shannon Lee Germer (Hereinafter referred to as "Grandmother") and Kayla Nikole Belcher (Hereinafter referred to as "Mother"). WHEREAS, Mother and Grandmother have reached an agreement relative to the future care, custody and visitation of Kaiden Sigmund, born November 29, 2005 and Kiley Sigmund, born January 8, 2007( Hereinafter referred to as "Children"), the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Grandmother desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. This Stipulation and Custody Agreement modifies the previous Orders of Court entered on November 23, 2009 by the Honorable Judge M.L. Ebert, Jr. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree to the custody order as follows: 1. Grandmother and Mother shall have shared legal custody of the children. 2. Grandmother shall have primary physical custody of the children subject to periods of partial physical custody for Mother as mutually agreed upon by the parties. 3. The parties shall share physical custody of the Children on the following major holidays on an equal basis: Easter, Thanksgiving and Christmas. 4. Mother agrees that when the children are in her custody, Tyler Line will not be allowed to have contact with the children. 5. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parties are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule and any other parenting issues. 6. The parties are free to modify the terms of this Order but in order to do so the Court makes it clear that both parties must be in complete agreement to any new terms. That means that both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 7. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 8. This Agreement shall be governed and controlled by the laws of Pennsylvania. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: hannon Lee Germer Al? NOV 2 3 2009 SHANNON LEE GERMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 05-6378 CIVIL ACTION LAW KAYLA NIKOLE BELCHER, JAN M. IN CUSTODY GERMER Defendants Prior Judge: M. L. Ebert, Jr., J. ORDER OF COURT AND NOW this #1 ? day of November 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders entered in the above docket number are hereby VACATED and replaced with the instant Order. 2. Legal Custody: The Maternal Grandmother, Shannon Germer, and the Mother, Kayla Belcher, shall have shared legal custody of Kaiden Sigmund, born 11/29/2005 and Kiley Sigmund, born 01/08/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each party shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. Physical Custody: Maternal Grandmother, Shannon Germer, and Mother, Kayla Belcher, shall share physical custody of the subject Children as the parties may agree. Absent further Order of Court, the Father, Jan Germer, shall have no contact with the Children nor any other party to this action. 4. As Father's parental rights have not been terminated, in the event that Father desires to, or is able to, assert his legal/physical custodial rights to the subject Children, Father may petition the Court for consideration. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, Ijj\ -41 Distribution: Michael Whare, Esquire (Two copies of the instant Order) Jan Germer, Inmate #HM0724, SCI Camp Hill, P.O. Box 200, Camp Hill, PA 17001 John J. Mangan, Esquire a. r o 9 9- FILED-OFF-CE OF THE PRC':?CNCTAAY 2009 NOV 24 AM 8: 20 SHANNON LEE GERMER, Plaintiff V. KAYLA NIKOLE BELCHER, JAN M. GERMER Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-6378 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currentl in the Custody of Kaiden Riley Sigmund 11/29/2005 Maternal Grandmother and Mother Kiley Sigmund 01/08/2007 Maternal Grandmother and Mother 2. A Conciliation Conference was held with regard to this matter on November 20, 2009 with the following individuals in attendance: The Mother, Kayla Belcher, pro se The Maternal Grandmother, Shannon Germer, with her counsel, Michael Whare, Esq. The Father, Jan Germer, did not appear, (incarcerated SCI Camp Hill). 3. The parties agreed to the entry of an Order in the form as attached. Date `7 --------- t Esquire y C ciliator SHANNON LEE GERMER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-6378 CIVIL ACTION LAW KAYLA NIKOLE BELCHER, JAN M. GERMER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, October 16, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, November 20, 2009 at 1:00 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. Failure to appear at the conference may provide grounds for entry of a temporary or pernianent 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/ ohn . Man an r. 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 ? ' ?? ? ` 2009 G?? 2? r ' ' ._ .J r 1'.i al : ? ?Q ?o Off' 14,, .n &,Cliw, SHANNON LEE GERMER, Plaintiff V. KAYLA NIKOLE BELCHER Defendant v. JAN M, GERMER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law No. 2005-6378 IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Shannon Lee Germer, by and through her counsel, Michael J. Whare, Esquire and in support of her Petition to Modify Custody avers as follows: 1. Plaintiff is Shannon Lee Germer, hereinafter referred to as "Grandmother". 2. Defendant is Kayla Nikole Belcher, hereinafter referred to as "Mother". 3. Defendant is Jan M. Germer, hereinafter referred to as "Father". 4. Plaintiff is the maternal grandmother of Kaiden Riley Sigmund, born November 29, 2005 and Kiley Sigmund, born January 8, 2007. Defendant Kayla Nikole Belcher is the biological mother of the children and Defendant Jan M. Germer is the biological father of the children. 5. The Honorable Judge M.L. Ebert, Jr. entered a Custody Order in regards to the above captioned case on Janaury 4, 2006. (Attached as Exhibit A) 6. Since the entry of said Order, there has been a significant change in circumstances in that: a) Kiley Sigmund was bom after current Custody Order was entered and Grandmother desires to include her in the Custody Order. b) The father of Kaiden Sigmund was unknown at the time of the previous order and it has since been discovered that Jan Germer, former stepfather of Kayla Belcher, is the father of both Kaiden and Kiley. C) Father is currently incarcerated at SCI Camp Hill. d) Mother resides with the Children at Grandmother's residence e) Grandmother is best able to provide a safe and stable environment for the Children. 0 Grandmother has undertaken and performed the primary parental responsibilities for the Children. 7. The best interest of the Children will be served by the Court modifying said Order and granting Grandmother shared physical and legal custody of the children. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant her Petition to Modify Custody. Respectfully submitted, Date: l D- t Y ..p T Michael J. Whare, Esq ire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff SHANNON LEE GERMER, Plaintiff V. KAYLA NIKOLE BELCHER Defendant V. JAN M. GERMER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action- Law No. 2005-6378 IN CUSTODY ATTORNEY VERIFICATION I 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 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: I .chael J. Whare, sq. SHANNON LEE GERMER, Plaintiff V. KAYLA NIKOLE BELCHER Defendant V. JAN M. GERMER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law : No. 2005-6378 IN CUSTODY CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Plaintiff, do hereby certify that I this day mailed a copy of the within Petition to Modify Custody upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jan M. Germer Inmate #HM0724 SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001 Dated: /V " l y -on ichael J. Whare, squire Attorney for Plaintiff ,? [J09 0$; ? I ? Fr 2? ? 1 ??, , VV: J.i ?;,. , -Y. "?, ??y ?7 37 /?? DEC 2 7 2005 M SHANNON LEE GERMER, PLAINTIFF VS. KAYLA NIKOLE BELCHER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6378 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT' AND NOW, this -q? da of ?O Y 200, upon consideration of the (f 6 attached Stipulation for Agreed Order of Custody, Plaintiff SHANNON LEE GERMER and Defendant KAYLA NIKOLE BELCHCER shall SHARE LEGAL and PHYSICAL CUSTODY of the minor child, KAIDEN RILEY SIGMUND, in accordance with the language contained in the within Stipulation. Da,o BY THE COURT, U P? OF TL N `- L, )) JitN "1i Ili, 1 0,- It S 0 SHANNON LEE GERMER, PLAINTIFF VS. KAYLA NIKOLE BELCHER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O.S'S 1.3 V CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Defendant/Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 SHANNON LEE GERMER, PLAINTIFF VS. KAYLA NIKOLE BELCHER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO.05 - (,?'P CIVIL TERM CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, SHANNON LEE GERMER, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: l . The Plaintiff (hereinafter sometimes referred to as "Grandmother") is SHANNON LEE GERMER, who currently resides at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant (hereinafter sometimes referred to as "Mother") is KAYLA NIKOLE BELCHER who currently resides at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff seeks Shared Legal and Physical Custody of the following child: Name Present Residence Date of Birth KAIDEN RILEY SIGMUND 29 Lancaster Avenue November 29, 2005 Eno)a, PA 4. The child was born out of wedlock. 5. The child is presently in the custody of the Plaintiff and Defendant, who reside at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. 6. Since the child's birth the child has resided with the following persons at the following addresses: PERSONS ADDRESS DATES Plaintiff, Defendant, Defendant's 29 Lancaster Avenue Birth to Present Step-Father, Defendant's brother Enola, PA 7. The Mother of the child is the Defendant, Kayla Nikole Belcher, who currently resides at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. The Mother was born on November 24, 1991 and is fourteen (14) years of age. The Mother is currently attending East Pensboro Middle School, but has been and continues to be tutored in her home during the 2005-06 school year. Mother intends to complete high school. 8. The Defendant does not know the identity of the father of the child. Mother has had sexual intercourse with more than one male and has no idea of the identity of the father. 9. The relationship of the Plaintiff, Shannon Lee Germer, to the child is that of the Natural Grandmother. Grandmother resides at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. 10. The Plaintiff, Grandmother, wishes to provide her daughter, the Defendant and her grandson with a loving home in which they can both grow and develop. 11. The Plaintiff, Grandmother wishes to enable her daughter, the Defendant to complete her high school education and any additional educational programs to enable her to be successfully employed and able to provide a home for herself and her son. 12. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. Plaintiff has not participated as a party in any prior custody agreement concerning the custody of the child in any other court in Pennsylvania. 14. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 15. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Grandmother has been and continues to be the mother and primary care giver for the Defendant and the child; B. Grandmother does not wish to interfere with Mother's care and relationship with the child, Grandmother only desires to have a formal custody order in place to enable her to protect and care for her Daughter, the Defendant and her grandson, the child in question. 16. 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, SHANNON LEE GERMER, requests this Honorable Court award the Plaintiff, SHANNON LEE GERMER and the Defendant, KAYLA NIKOLE GELCHER, SHARED LEGAL and PHYSICAL CUSTODY of the minor child, KAIDEN RILEY SIGVIUND. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: December 12, 2005 Susan Kay Candie`il , s ui Counsel for Plain ? PA I.D. # 64998 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: (.-?A , 4- I I LEE GERMER l U-1 V v ? i SHANNON LEE GERMER, PLAINTIFF VS. KAYLA NIKOLE BELCHER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 05-6378 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY Plaintiff SHANNON LEE GERMER (hereinafter sometimes referred to as "Grandmother") currently resides at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. Defendant KAYLA NIKOLE BELCHER (hereinafter sometimes referred to as "Mother") currently resides at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. The Father of the child is unknown. KAIDEN RILEY SIGMUND (hereinafter sometimes referred to as "Kaiden"), born on November 29, 2005, is the subject of this Stipulation for Agreed Order of Custody and is the natural grandchild of Plaintiff SHANNON LEE GERMER and the natural child of Defendant KAYLA NIKOLE BEELCHER. It is Plaintiff, SHANNON LEE GERMER and Defendant, KAYLA NIKOLE BELCHER'S belief that it is in the best interests of this minor child to have a meaningful ongoing relationship with his natural Grandmother and with his Mother, provided the child is in a safe environment. WHEREFORE, Plaintiff, SHANNON LEE GERMER and Defendant, KAYLA NIKOLE BELCHER have entered into a mutual agreement regarding the custody of this child and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff, SHANNON LEE GERMER and Defendant, KAYLA NIKOLE BELCHER shall share Legal Custody (as defined in 23 Pa.C.S.A. Section 5342) of the minor child, KAIDEN RILEY SIGMUND. 2. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving this child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Grandmother and Mother following a harmonious policy in this child's best interest. 3. With regard to any emergency decisions which must be made, the party with whom the child is physically with at the time shall be permitted to make the decision necessitated by the emergency without consulting the other party in advance. However, that party shall inform the other of the emergency and consult with her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the party having physical custody at the time. 4. Kaiden shall reside with Grandmother and Mother in Grandmother's residence until Mother has graduated from high school and/or completed any additional educational programs which Mother becomes enrolled in. 5. During the period of time while Kaiden and Mother are residing in Grandmother's home Mother shall continue to have primary responsibility for Kaiden's care. b. During the period of time while Kaiden and Mother are residing in Grandmother's home Mother shall contribute financially to Grandmother as Mother is able, considering Mother's age and responsibilities with Kaiden. Grandmother and Mother shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be SHANNON LEE GERMER ? ?q ,*LAQ- ? Lu KAYL NIKOLE BELCHER COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the ( q 0 day of !)C C FK*1? 2005, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared SHANNON LEE GERMER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. nOw+at MEY i HOW E MOMPLj [MY VAvM twp cuMO mmV COUNTY CamyntMon upOw Jun 22.2009 SS; in writine and siened by the narties. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the ? 4 day of C??uPil?Yl- , 2005, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared KAYLA NIKOLE BELCHER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. ??p ?EAI N t Pu , i ?? ?CTM mmission Expires: kh CaM*ftM kOft Jun 22, 2009 ?_? ?. ?:: '? : ?; "ei ?--, --+ -,- ^ ' ni \, w ??,. ? .. _ C'? - ? .? •1 ?f?VwVrYwllY??+ti?. ?/M+?o?+?MM??? ?Tk? ?SV'vn l?+v'?r. ?. wow ?W .?.??' '. ?w M ?.w?NkR-?+y` SHANNON LEE'GERMER, PLAINTIFF VS. KAYLA NIKOLE BELCHER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA, NO. 45.6378 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: I hereby accept service of the Complaint for Custody in the above matter. Respectfully submitted, Dated: December , 2005 'k -T Q P p t KAYL NIKOLE BELCHER Defendant SHANNON LEE GERMER Plaintiff vi. KAYLA NIKOLE BELCHER Defendant And JAN M. GERMER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2005-6378 IN CUSTODY CIVIL TERM n czp 1 r- rn 1;0 Cal N y N v-+cD tG' -v c-?-?n Z j C Additional Defendant: PETITION FOR INTERIM SPECIAL RELIEF AND NOW comes Defendant, Kayla Nikole Belcher, by and through her attorney, Joseph D. Buckley, Esquire and seeks interim special relief in the form of an immediate order of custody of her children Kaiden Riley Sigmund and Kiley Sigmund, both minors, based on the following: 1. Plaintiff, Shannon Lee Garmer, is the mother of the Defendant Kayla Nichole Belcher, the maternal grandmother of the children involved and the former wife of the Defendant Jan M. Germer, and she currently resides at 754 West North Street, Carlisle, PA 17013. 2. Defendant, Kayla Nikole Belcher, an adult residing at 1654 Newville Road, East Pennsboro Township, Carlisle, PA 17015. -1 ?0 - 0-0 3?Lgp? IZ''I- 3. Additional Defendant Jan M. Germer is the biological father of the children, was Plaintiff's former husband and Defendant's step-father and is currently an inmate at the Camp Hill Correctional Facility. 4. Defendant seeks custody of the following children: Name Current address Date of Birth Kaiden Riley Sigmund 754 West North Street, Carlisle, PA 11/29/2005 Kiley Sigmund 754 West North Street, Carlisle, PA 01/08/2007 5. The children were born out of wedlock. 6. The children are presently in the custody of Plaintiff at her residence at 754 West North Street, Carlisle, PA 17013. 7. During the past five years, the children/child have/has resided with the following persons at the following addresses: XT__ - Address Dates Kayla Nikole Belcher, Shannon Lee Germer, Jeffrey Dixon,Cody Sigmund, Lakin Witters, and Josh Dietz 754 West North Street, Carlisle, PA 08/2010 - present Kayla Nikole Belcher, Shannon Lee Germer, Arthur Line,Cody Sigmund, Lakin Witters, Mount Rock Road, Carlisle, PA 17015 04/2010 - 08/2010 Kayla Nikole Belcher, Shannon Lee Germer, Jeffrey Dixon,Cody Sigmund, Lakin Witters, Mohawk Road, Newville, PA 17241 04/2009 - 04/2010 Kayla Nikole Belcher, Shannon Lee Germer, Arthur Line,Cody Sigmund, Lakin Witters, McCalister Church Road, Carlisle, PA 17015 Kayla Nikole Belcher, Shannon Lee Germer, Jeffrey Dixon,Cody Sigmund, Lakin Witters, Newville Road, Carlisle, PA 17013 Kayla Nikole Belcher, Shannon Lee Germer, Jeffrey Dixon,Cody Sigmund, Lakin Witters, Newport (Street address unknown), PA Kayla Nikole Belcher, Shannon Lee Germer, Cody Sigmun, Lakin WiTiters, 01/2009 - 04/2009 01/2008 - 01/2009 07/2007 - 01/2008 Newport, (Street Address unknown), PA 01/2007 - 07/2007 Kayla Nikole Belcher, Shannon Lee Germer, Cody Sigmund, Lakin WiTters, Jan Germer 29 Lancaster Avenue, Enola, PA 05/2005 - 01/2007 8. The mother of the children Kayla Nikole Belcher, an adult residing at 1654 Newville Road, East Pennsboro Township, Carlisle, PA 17015. Mother's current status is single. 9. The biological father of the children, is currently an inmate at the Camp Hill Correctional Facility. Father's current marital status is unknown. 10. The relationship of plaintiff to the children is grandmother. The plaintiff currently resides with the following persons: Name Address Jeffrey Dixon (husband), Cody Sigmund (son), Lakin Witters (daughter), and Josh Dietz (nephew) 754 West North Street, Carlisle, PA 11. The relationship of defendant to children is that of biological mother. Defendant currently resides with the following person: Glenn Bear (age 21 ) 1654 Newville Road, Carlisle, PA 17015 12. Until Friday August 12, 2011Defendant resided with Plaintiff while Defendant was a minor and both had custody of the children pursuant to agreements prepared by Plaintiff's attorney while they resided together. 13. Defendant is now an adult and gainfully employed as a Certified Nursing Assistant at the Church of God Home, North Hanover Street Carlisle, PA 17013 14. Defendant and her children do not have reasonable living conditions or quarters in a house with five adults and three children. 15. Plaintiff has not provided stable living conditions and has moved the family six (6) times in the past four years. 16. Defendant must share a bedroom and bed with her child or children. 17. Plaintiff remarried this past July for the fourth time and recently informed Defendant they would again be moving. 18. Plaintiff informed Defendant that it was time she and her children move into their own home and that Defendant had begun a serious relationship with a man of her age. 19. The young man is gainfully employed and owns a home in East Pennsboro Township. 20. Defendant informed Plaintiff she could not move out, could not date a man unless Plaintiff approved. 21. Because of the living conditions, Defendant removed herself from Plaintiff's rented home and attempted to take her children and Plaintiff refused her. 22. Plaintiff has refused Defendant to see or visit her children unless Plaintiff is present. 23. Plaintiff has informed Defendant that she may see her children if she returns to live with Plaintiff. 24. Defendant is living in Big Spring School District and desires her children, one of whom is to enter school this school year, to attend school in the Big Spring School District. 25. Plaintiff lives in the Carlisle School District but has stated she desires to enroll the children in South Middleton School District as she plans on moving to that school district with her new husband. 26. Plaintiff is employed as a truck driver and drives nightly leaving the Defendant's children in the care and custody of Plaintiff's fourteen year old daughter. 27. The parties entered into former agreements which were approved by this Honorable Court, specifically the Honorable M.L. Ebert, Jr.; however, these agreements were made with Defendant when she was a minor, without benefit of counsel or a guardian ad litum. The most recent agreement and order was signed by Defendant because she was told it had to be signed so that her children could be covered under the Plaintiff's health insurance policy. 28. Copies of all former Orders, Agreements and Stipulations are attached hereto and collectively mark "Exhibit A". 29. The current agreement and Order provides that Defendant is to be given partial custody of her children. 30. Defendant has on five separate occasions requested custody of her children and Plaintiff continues to refuse in violation of their custody agreement and in Contempt of this Honorable Court's Order. 31. Defendant has filed a Petition for Modification of the former Custody agreement and Order, and is filing a Petition for termination of parental rights of the biological father. 32. Defendant's counsel did attempt to reach Plaintiff's counsel relative to this matter, but he, Michael J. Whare, Esquire, is on vacation and an cannot be reached until August 25, 2011. 33. Counsel for Defendant did contact this Honorable Court's Conciliator with hopes to reach Attorney Whare through other means, but all means were unsuccessful. 34. It is in the best interest of the children that their custody be given to Defendant mother until a hearing in this matter is held. 35. This custody matter has formerly been heard before the Honorable M. L. Ebert, Jr. 36. Petitioner/mother did inform defendant/grandmother that Petitioner would be presenting this matter to the court today. 37. This matter had previously been assigned to John J. Mangan, Jr., Esquire as the Court's Custody Conciliator. WHEREFORE, Petitioner requests that this Honorable Court enter an interim Order of Custody granting her temporary custody of her children Kaiden Riley Sigmund and Kiley Sigmund until a hearing in this matter before the Court or the Conciliator may be held. ?-z2-t( Respectfully submitted h D. Bufkley, esquire A rney for Petitioner/Plaintiff Supreme Court I.D.# 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw car aol.com VERIFICATION I, Kayla Nikole Belcher, Petitioner/Defendant, hereby verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I further understand that statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ayla ikole Be cher SHANNON LEE GERMER Plaintiff V. KAYLA NIKOLE BELCHER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2005-6378 CIVIL TERM IN CUSTODY And JAN M. GERMER Additional Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Petition for Special Interim Relief in the above mentioned case was duly served on the following person at the following address by means of United States First Class Mail, prepaid: Michael J. Whare, Esquire 37 East Pomfret Street Carlisle, PA 17013 Jan Germer Inmate #HM0724 SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001 Date: a--2.Z_ (( ID# 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw@aol.com -T APP U yt1J10 SHANNON LEE GERMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law KAYLA NIKOLE BELCHER, : No. 2005-6378 JAN M. GERMER Defendants : IN CUSTODY n N cz; ORDER OF COURT ?- rfT, n try ': upon p ejjntati& 2010 f PA 9C A d C'; r" NOW THIS , , ay o and consideration of the within V" Stipulation and Custody Agreement, It is hereby OrdereA -C and decreed as follows: 1. All prior Orders in the above docket number are hereby vacated and replaced with the instant Order. 2. Grandmother and Mother shall have shared legal custody of the children. 3. Grandmother shall have primary physical custody of the children subject to periods of partial physical custody for Mother as mutually agreed upon by the parties. 4. The parties shall share physical custody of the Children on the following major holidays on an equal basis: Easter, Thanksgiving and Christmas. 5. Mother agrees that when the children are in her custody, Tyler Line will not be allowed to have contact with the children. 6. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parties are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule and any other parenting issues. 7. The parties are free to modify the terms of this Order but in order to do so the Court makes it clear that both parties must be in complete agreement to any new terms. That means that both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. BY THE COURT, M.L. Ebert, Jr. cc: ichael J. Whare, Esq. for Plaintiff Kayla Nikale Belcher, Pro se p c tfi- ka /4?'j -? -? y? _ 1 L b l ?W4,- 1 ............... SHANNON LEE GERMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVAN IA V. : Civil Action- Law m? rT Cz I KAYLA NIKOLE BELCHER, : No. 2005-6378? JAN M. GERMER Defendants : IN CUSTODY ? ?- rv Orr STIPULATION AND CUSTODY AGREEMENT f? This Stipulation and Custody Agreement is made this 7 day of )4 ?; I _, 2010 by and between Shannon Lee Germer (Hereinafter referred to as "Grandmother") and Kayla Nikole Belcher (Hereinafter referred to as "Mother"). WHEREAS, Mother and Grandmother have reached an agreement relative to the future care, custody and visitation of Kaiden Sigmund, bom November 29, 2005 and Kiley Sigmund, born January 8, 2007( Hereinafter referred to as "Children"), the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Grandmother desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. This Stipulation and Custody Agreement modifies the previous Orders of Court entered on November 23, 2009 by the Honorable Judge M.L. Ebert, Jr. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree to the custody order as follows: 1. Grandmother and Mother shall have shared legal custody of the children. 2. Grandmother shall have primary physical custody of the children subject to periods of partial physical custody for Mother as mutually agreed upon by the parties. 3. The parties shall share physical custody of the Children on the following major holidays on an equal basis: Easter, Thanksgiving and Christmas. 4. Mother agrees that when the children are in her custody, Tyler Line will not be allowed to have contact with the children. 5. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parties are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule and any other parenting issues. 6. The parties are free to modify the terms of this Order but in order to do so the Court makes it clear that both parties must be in complete agreement to any new terms. That means that both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 7. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 8. This Agreement shall be governed and controlled by the laws of Pennsylvania. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: CZ: ??on Lee termer NOV 2 9 2009 SHANNON LEE GERMER, Plaintiff v. KAYLA NIKOLE BELCHER, JAN M. GERMER Defendants Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-6378 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this 3 day of November 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders entered in the above docket number are hereby VACATED and replaced with the instant Order. 2. Legal Custody: The Maternal Grandmother, Shannon Genner, and the Mother, Kayla Belcher, shall have shared legal custody of Kaiden Sigmund, born 11/29/2005 and Kiley Sigmund, born 01/08/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each party shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. 3. Physical Custody: Maternal Grandmother, Shannon Germer, and Mother, Kayla Belcher, shall share physical custody of the subject Children as the parties may agree. Absent further Order of Court, the Father, Jan Germer, shall have no contact with the Children nor any other party to this action. 4. As Father's parental rights have not been terminated, in the event that Father desires to, or is able to, assert his legal/physical custodial rights to the subject Children, Father may petition the Court for consideration. 5. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, Distribution: Michael Whare, Esquire (Two copies of the instant Order) Jan Germer, Inmate #HM0724, SCI Camp Hill, P.O. Box 200, Camp Hill, PA 17001 John J. Mangan, Esquire a. Ir- 0 9 9- FILED-OFF;CE OF THE PRCI -*,MOTARY 2009 NOV 24 AN 8: 20 CC?f:;,?? ;? t ,,U???TY ?"L• ?tIVJ ? lY," I'i?fa SHANNON LEE GERMER, Plaintiff V. KAYLA NIKOLE BELCHER, JAN M. GERMER Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-6378 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Kaiden Riley Sigmund 11/29/2005 Maternal Grandmother and Mother Kiley Sigmund 01/08/2007 Maternal Grandmother and Mother A Conciliation Conference was held with regard to this matter on November 20, 2009 with the following individuals in attendance: The Mother, Kayla Belcher, pro se The Maternal Grandmother, Shannon Germer, with her counsel, Michael Whare, Esq. The Father, Jan Germer, did not appear, (incarcerated SCI Camp Hill). The parties agreed to the entry of an Order in the form as attached. Date t Esquire Y C ciliator SHANNON LEE GERMER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-6378 CIVIL ACTION LAW KAYLA NIKOLE BELCHER, JAN M. GERMER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, October 16, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, November 20, 2009 at 1:00 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. Failure to appear at the conference may provide grounds for entrv 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/ oft . Man an t. E-9!2. 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 2444 GCS 2G • ? • r, r '? /p ..mod off' ?o , oot lie ` /o SHANNON LEE GERMER, Plaintiff V. KAYLA NIKOLE BELCHER Defendant V. JAN M. GERMER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action- Law : No. 2005-6378 : IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Shannon Lee Germer, by and through her counsel, Michael J. Whare, Esquire and in support of her Petition to Modify Custody avers as follows: 1. Plaintiff is Shannon Lee Germer, hereinafter referred to as "Grandmother". 2. Defendant is Kayla Nikole Belcher, hereinafter referred to as "Mother". 3. Defendant is Jan M. Germer, hereinafter referred to as "Father". 4. Plaintiff is the maternal grandmother of Kaiden Riley Sigmund, born November 29, 2005 and Kiley Sigmund, born January 8, 2007. Defendant Kayla Nikole Belcher is the biological mother of the children and Defendant Jan M. Genmer is the biological father of the children. 5. The Honorable Judge M.L. Ebert, Jr. entered a Custody Order in regards to the above captioned case on Janaary 4, 2006. (Attached as Exhibit A) 6. Since the entry of said Order, there has been a significant change in circumstances in that: a) Kiley Sigmund was born after current Custody Order was entered and Grandmother desires to include her in the Custody Order. b) The father of Kaiden Sigmund was unknown at the time of the previous order and it has since been discovered that Jan Germer, former stepfather of Kayla Belcher, is the father of both Kaiden and Kiley. C) Father is currently incarcerated at SCI Camp Hill. d) Mother resides with the Children at Grandmother's residence e) Grandmother is best able to provide a safe and stable environment for the Children. f) Grandmother has undertaken and performed the primary parental responsibilities for the Children. 7. The best interest of the Children will be served by the Court modifying said Order and granting Grandmother shared physical and legal custody of the children. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant her Petition to Modify Custody. Respectfully submitted, Date: --,tj /I L-- A- Michael J. Whare, Esq 're 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff SHANNON LEE GERMER, Plaintiff V. KAYLA NIKOLE BELCHER Defendant V. JAN M. GERMER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law No. 2005-6378 IN CUSTODY ATTORNEY VERIFICATION I 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 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: /0-N-01 'chaei J. Whare, sq. SHANNON LEE GERMER, Plaintiff V. KAYLA NIKOLE BELCHER Defendant V. JAN M. GERMER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law No. 2005-6378 IN CUSTODY CERTIFICATE OF SERVICE I, Michael J. Where, Esquire, attorney for Plaintiff, do hereby certify that I this day mailed a copy of the within Petition to Modify Custody upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jan M. Germer Inmate #HM0724 SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001 Dated: lt4,j L, 'chael J. Where, squire Attorney for Plaintiff F LI-t, ^R , ZQd9OCT 15 Fr 2. ? i I t Ay DEC 2 7 2005 SHANNON LEE TERMER, PLAINTIFF VS. KAYLA NIKOLE BELCHER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 05-6378 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY QRDER OF COURT AND NOW, this a? da of Y , 200_,,, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff SHANNON LEE GERMER and Defendant KAYLA NIKOLE BELCHCER shall SHARE LEGAL and PHYSICAL CUSTODY of the minor child, KAIDEN RILEY SIGMUND, in accordance with the language contained in the within Stipulation. oa.o G?. BY THE COURT, ?f OF THE" 2 N7l JA IN -- -; All 8: 14 5 C SHANNON LEE GERMER, PLAINTIFF VS. KAYLA NIKOLE BELCHER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NODS- G?31PCML TERM : CIVIL ACTION -LAW : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Defendant/Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 SHANNON LEE GERMER, PLAINTIFF VS. KAYLA NIKOLE, BELCHER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO.05 - Cr3 77 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, SHANNON LEE GERMER, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinafter sometimes referred to as "Grandmother") is SHANNON LEE GERMER, who currently resides at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant (hereinafter sometimes referred to as "Mother") is KAYLA NIKOLE BELCHER who currently resides at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff seeks Shared Legal and Physical Custody of the following child: Name Present Residence Date of Birth KAIDEN RILEY SIGMUND 29 Lancaster Avenue November 29, 2005 Enola, PA 4. The child was born out of wedlock. 5. The child is presently in the custody of the Plaintiff and Defendant, who reside at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. 6. Since the child's birth the child has resided with the following persons at the following addresses: PERSONS ADDRESS DATES Plaintiff, Defendant, Defendant's 29 Lancaster Avenue Birth to Present Step-Father, Defendant's brother Enola, PA 7. The Mother of the child is the Defendant, Kayla Nikole Belcher, who currently resides at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. The Mother was born on November 24, 1991 and is fourteen (14) years of age. The Mother is currently attending East Pensboro Middle School, but has been and continues to be tutored in her home during the 2005-06 school year. Mother intends to complete high school. 8. The Defendant does not know the identity of the father of the child. Mother has had sexual intercourse with more than one male and has no idea of the identity of the father. 9. The relationship of the Plaintiff, Shannon Lee Germer, to the child is that of the Natural Grandmother. Grandmother resides at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. 10. The Plaintiff, Grandmother, wishes to provide her daughter, the Defendant and her grandson with a loving home in which they can both grow and develop. 11. The Plaintiff, Grandmother wishes to enable her daughter, the Defendant to complete her high school education and any additional educational programs to enable her to be successfully employed and able to provide a home for herself and her son. 12. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. Plaintiff has not participated as a party in any prior custody agreement concerning the custody of the child in any other court in Pennsylvania. 14. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 15. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Grandmother has been and continues to be the mother and primary care giver for the Defendant and the child; B. Grandmother does not wish to interfere with Mother's care and relationship with the child, Grandmother only desires to have a formal custody order in place to enable her to protect and care for her Daughter, the Defendant and her grandson, the child in question. 16. 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, SHANNON LEE GERMER, requests this Honorable Court award the Plaintiff, SHANNON LEE GERMER and the Defendant, KAYLA NIKOLE GELCHER, SHARED LEGAL and PHYSICAL CUSTODY of the minor child, KAIDEN RILEY SIGMUND. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: December 12, 2005 Susan Kay Candieil l Counsel for Plain"" PA I.D. # 64998 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 7242278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: ??? 'C- s?.JY1? SHANNON LEE GERMER (rte r, 7 SHANNON LEE GERMER, PLAINTIFF VS. KAYLA NIKOLE BELCHER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 05-6378 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY Plaintiff SHANNON LEE GERMER (hereinafter sometimes referred to as "Grandmother") currently resides at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. Defendant KAYLA NIKOLE BELCHER (hereinafter sometimes referred to as "Mother") currently resides at 29 Lancaster Avenue, Enola, Cumberland County, Pennsylvania, 17025. The Father of the child is unknown. KAIDEN RILEY SIGMUND (hereinafter sometimes referred to as "Kaiden"), born on November 29, 2005, is the subject of this Stipulation for Agreed Order of Custody and is the natural grandchild of Plaintiff SHANNON LEE GERMER and the natural child of Defendant KAYLA NIKOLE BELCHER. It is Plaintiff, SHANNON LEE GERMER and Defendant, KAYLA NIKOLE BELCHER'S belief that it is in the best interests of this minor child to have a meaningful ongoing relationship with his natural Grandmother and with his Mother, provided the child is in a safe environment. WHEREFORE, Plaintiff, SHANNON LEE GERMER and Defendant, KAYLA NIKOLE BELCHER have entered into a mutual agreement regarding the custody of this child and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff, SHANNON LEE GERMER and Defendant, KAYLA NIKOLE BELCHER shall share Legal Custody (as defined in 23 Pa.C.S.A. Section 5302) of the minor child, KAIDEN RILEY SIGMUND. 2. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving this child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Grandmother and Mother following a harmonious policy in this child's best interest. 3. With regard to any emergency decisions which must be made, the party with whom the child is physically with at the time shall be permitted to make the decision necessitated by the emergency without consulting the other party in advance. However, that party shall inform the other of the emergency and consult with her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the party having physical custody at the time. 4. Kaiden shall reside with Grandmother and Mother in Grandmother's residence until Mother has graduated from high school and/or completed any additional educational programs which Mother becomes enrolled in. 5. During the period of time while Kaiden and Mother are residing in Grandmother's home Mother shall continue to have primary responsibility for Kaiden's care. b. During the period of time while Kaiden and Mother are residing in Grandmother's home Mother shall contribute financially to Grandmother as Mother is able, considering Mother's age and responsibilities with Kaiden. Grandmother and Mother shalt be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by the parties. ITNESS ?VVI SS SHANNON LEE GERMER KAYL NIKOLE BELCHER COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the (C{ day of -L->--CFIUYZ- , 2005, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared SHANNON LEE (#ERMER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. swot t a tror«v N tvw CMAWAM cOUN1Y IMV C0W"W0„ 6xpk*jUn 2s. 2009 otary ubli mmission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the day of(' 2005, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared KAYLA NIKOLE BELCHER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. No ?EAI N Pu i 9VCV LWME mmission Expires: FulzL"n" JUM 22,20M r.: f"? ?. :-i ? ??? f'i'I _? I '.? , ^ , 1 v f \, . ? -y ;? ?, ?? + ? 1 ,,.` ? ?w?wMyMyrs n??....r+rr?n.a ?rr?.?. 4 t a 1 L SHANNON LEE GERMER, PLAINTIFF VS. KAYLA NIKOLE BELCHER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA, NO. 05-6378 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: I hereby accept service of the Complaint for Custody in the above matter. Respectfully submitted, Dated: December A , 2005 -'kC,iAA M fCL P»DjL- KAYL NIKOLE BELCHER Defendant SHANNON LEE GERMER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA. C + 'Tt ' 2005-6378 CIVIL ACTION LAW ?= v'r- rn KAYLA NIKOLE BELCHER AND JAN M. d X GERMER IN CUSTODY r? o •r? DEFENDANT ?' ---r -a NJ - ' ORDER OF COURT AND NOW, _ Tuesday, August 23, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 04, 2011 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ john. Mangan, r. 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 ,Wi ?9 L/ ?ei lvP Py ? Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 21n - (exe<A?Y- 0?/r Ar SHANNON LEE GERMER, PLAINTIFF V. KAYLA NIKOLE BELCHER, DEFENDANT V. JAN M. GERMER, ADDITIONAL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-6378 CIVIL IN RE: PETITION FOR INTERIM SPECIAL RELIEF ORDER OF COURT Ca C -ox rqa0 Zrn T--Z Z ca r? x Q N "O c? ?-Tt rn F ? c:) C) --4C:) Z-n ?t M AND NOW, this 24th day of August, 2011, upon consideration of Kayla Belcher's Petition for Interim Special Relief, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon Shannon Lee Germer to show cause why the Petition for Interim Special Relief should not be granted; 2. Shannon Lee Germer shall file an Answer to the Petition for Interim Special Relief on or before September 2, 2011. 3. Upon receipt of the Answer, this Court will determine if further Order or hearing is necessary. By the Court, M. L. Ebert, Jr., J. Joseph Buckley, Esquire Attorney for Petitioner, Defendant ' Jan M,&rmer *AM076Iq Michael Whare, Esquire Attorney for Plaintiff Cof, µUW ie5 Bj,?5 11 46 bas CD Z_ SHANNON LEE GERMER, Plaintiff V. KAYLA NIKOLE BELCHER, JAN M. GERMER Defendants Prior Judge: M. L. Ebert, Jr., J. AND NOW this 110 %h IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-6378 CIVIL ACTION LAW IN CUSTODY c? r-n W 7^ M - - _0 , , c-, ct ORDER OF COURT - S 7 ) -=t . day of September 2011, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders entered in the above docket number are hereby VACATED and replaced with the instant Order. 2. Legal Custody: The Maternal Grandmother, Shannon Germer, and the Mother, Kayla Belcher, shall have shared legal custody of Kaiden Sigmund, born 11/29/2005 and Kiley Sigmund, born 01/08/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each party shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. 3. Physical Custody: Maternal Grandmother, Shannon Germer, shall have primary physical custody of the Children subject to Mother's, Kayla Belcher, partial physical custody as follows. Mother shall have custody every Tuesday during the day and then every Wednesday 7 pm until Friday 7 pm. These custodial periods for Mother are contingent upon Maternal Grandmother meeting Mother's current paramour to make sure the Children are in good care. Additionally, Mother's periods of custody are contingent upon her having stable, safe and adequate housing for the Children. If these conditions are not met, the parties shall arrange custody as agreed upon until the status conference. Absent further Order of Court, the Father, Jan Germer, shall have no contact with the Children whatsoever, nor any other party to this action. 4. The parties shall continue to engage in counseling until discharge is recommended. The non-custodial party shall have liberal telephone contact with the Children on a reasonable basis. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consumelbe under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. A status conference with the assigned conciliator is hereby scheduled for October 25, 2011 at 11.30 am Holidays to also be addressed. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, Distribution: ? Michael Whare, Esquire ? Joseph Buckley, Esquire r Jan Germer, Inmate #HM0724, SCI Camp Hill, P.O. Box 200, Camp Hill, PA 17001 ?/ John J. Mangan, Esquire ?pia 0?d otl 1( ql( loltb SHANNON LEE GERMER, Plaintiff V. KAYLA NIKOLE BELCHER, JAN M. GERMER Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-6378 IN CUSTODY CIVIL ACTION LAW CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Kaiden Riley Sigmund 11/29/2005 Maternal Grandmother and Mother Kiley Sigmund 01/08/2007 Maternal Grandmother and Mother 2. A Conciliation Conference was held with regard to this matter on November 20, 2009, an Order issued November 23, 2009, a stipulated Order was issued April 12, 2010 and a conference was held November 06, 2011 with the following individuals in attendance: The Mother, Kayla Belcher, Joseph Buckley The Maternal Grandmother, Shannon Germer, with her counsel, Michael Whare, Esq. The Father, Jan Germer, did not appear, (incarcerated SCI Camp Hill). 3. The parties agreed to the entry of an Order in the form as attached.. Date W,.M , Esquire liator