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HomeMy WebLinkAbout94-01772 . If) '7 ~ ~ I/) ,',~ - ',~ i'> , ,,,-,~~,,~'-' ..,........,"~--=-~~--,....-.:;......._'-'.~ :' (.. I ' ,..... "-". ~;WGt,..: jF~',' ,-'~"-~~<., MAY 9 1995c"" - " HEA'l'HER D. GLESSNER, Plaintiff :IN 'l'HE COUR'l' OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1772 - CIVIL - 1994 JOHN W. RO'l'Z, Defendant . . . . :CIVIL AC'l'ION - CUSTODY COUR'l' ORDER AND NOW, this k day of -ItAtJAA , 1995, upon consideration of the attached Custody concii~-t}on-Report, it is ordered and directed as follows: I I ,I , j 1 n I i I , I I I I I I d . ! 1 , 1. This Court's prior Order of February 28, 1995 shall remain in effect subject to the following modifications: A. Father's period of temporary custody shall be on alternating Saturdays from 8 A.M. until 4:30 P.M. and at least one evening per week from 5 P.M. until 8 P.M. Following the Saturday that the Father does not enjoy custody with the child, the Father shall have two evenings per week. The evenings shall be at such times as agreed upon by the parties. B. Father's parents or another adult agreeable to the Mother shall be with the child and the Father during the times of Father's temporary custody. C. Father shall execute all necessary releases for Mother's counsel to obtain copies of medical and/or psychological reports with respect to Father's treatment. 2. D. Mother shall arrange for a instruction/counseling appointment with a physician or other capable health care individual in order to provide instruction on treatment of the minor child's diabetic condition. This instruction shall include the Father and Father shall cooperate in connection with that instruction. The parties shall meet again with the r,/,sJody Conciliator on Friday, May 26, 1995 at 8:30 A.M. ,7;' I. BY\:!Jl . Judge Edgar B. Franklin Martin, Esquire _ ~..... Richard L. Webber, Jr., Esquire --~- 5'/lo/9J-' A.f1 co: ,<\. .co: ~' !'.-.> LI") en - ~.... ~~ ...... t- .' :: I ~. ,41 = -'r N .-i = t.~., <::) - .... :L-; f:P-;,,,,.,;orr<.:-::...:T....''''~ ~ .. ~. ,..,....,' ...:~ ", ("'.....,,'"-..,. ~~~'r"'<F<iI"","'~;..... .. "" HEATHER D. GLESSNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1772 - CIVIL - 1994 . . JOHN W. ROTZ, Defendant . . :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE EDGAR B. BAYLEY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Trenton S. Rotz, born January 11, 1992. 2. A Conciliation Conference was held on April 28, 1995, with the following individuals in attendance: The Mother, Heather D. Glessner, with her counsel, Franklin Martin, Esquire, and the Father, John W. Rotz, with his counsel, Richard L. Webber, Jr., Esquire. 3. The parties agreed to the entry of an Order in the form as attached. ~~I 'l~ DATE Huoert X. Gilroy, Custody Conciliat ;', . ,\Ii\~".;" ~'~"''''!'i'?:..,,,,W'''''' *"-- '(, , 2 fJ lOgS bt- HEATHER D. GLESSNER, Plaintiff v : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 1772 - CIVIL - 1994 . . JOHN W. ROTZ, Defendant . . ,lot AND NOW, this;;l\:l day of St-g; , 1995, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. :CIVIL ACTION - CUSroDY COURT ORDER re Hubert X. G~lroy, Custody Conciliat ..'"", LI'> "" - ~ co N (V) en ...... .... u" V'l ~.;. -....". >-... "'- ~~ 0..1... .....: r.:: ~~ '-,."" ~... (.:0 (,,..1 :-. ~~ ,~":; ..": " ": t~ :~~ ~. '.:0'1 .1 ~.. ;. .. - ~- '-' " ,i ~ ~ -~ ;~ Ln en - :.-~ ...- -<-, 10-.--' ~J~ ,,;:l.' !:Z"-:'Z .. o".c ~ .co:;'- ,--. :-,~~;: ..~: :;'~ f~:~ . .c''''l..J .."l;t'... '-~ <" ~ ..... '::> en co ........ CD ... L.... c ... w II ii: .. S en z .. :S ~~ ES u.:ll: i5c;U u.c .z",' :'Z.h Oz i5~"'~ ~C ~isg :5! i:!l ~ ~l; c J ~ , . ". ~ 0.. 0..:. - Ilo . " 1 -;:r , 'L 4 )=" LAW OFFICES MARTIN AND KORNFIELD 17 NOITH CHUICH nlllT WAYNIIIOIO. PENNSYlVANIA 17UI . . ' " ~ FEB ? S "JQ~d;z-- . .. ,. , ~" , HEATHER D. GLESSNER, . IN THE COURT OF COMMON PLEAS . Petitioner . OF THE 9th JUDICIAL DISTRICT . . OF PENNSYLVANIA . v. . . . CUMBERLAND COUNTY BRANCH . JOHN W. ROTZ, . . Respondent . 94-1772 Civil Term . . custoriy . TEMPORARY ORDBR Now, this ""'2.- i day of r;;.J ...1. - , consideration of the within Petition, ha~, and ordered filed, it is Ordered: Court shall maintain primary physical custody in Petitioner with supervised visitation in Respondent as follows: 1995, upon considered, 1. Respondent shall have supervised visitation of the minor child, Trenton S. Rotz, every Wednesday evening from 5:00 p.m. until 8:00 p.m., 2. Respondent shall have supervised visitation of the minor child, Trenton S. Rotz, every Saturday from 8:00 a.m. until 4:,30 p.m., and 3. Respondent shall have supervised visitation of the minor child, Trenton S. Rotz, at other times as agreed upon by the parties. It is further ordered t~~ such, supervised visit",tion shall be at the home of petitioner. VI.IJ1IJtM't.UJMJ- ~ ./liD."'- ~ ~, JpAw.. ~.h4+w.- " ..t~j 't.t ~ ~ By the Court, / ~k ~~ LNtU-~ J. ; ,-1 ' 1 , if , ;n hC' ~4 ~,~J.. " fEslB 9 as ~~ ,~S ;', "u; fief. Of liH ' "', ;t\Otl".HI<l CUI'l.I\n\lI,~O c~',;lIn rElItlS~l.~~H\l ,j I ,j I :l ,I I I j I j I' ,/ I' .. , :j l.t;",~~.:,:,. ';:ij$;r::.<~_.' ',',e_.., _ _ HEATHER D. GLESSNER, Petitioner IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT OF PENNSYLVANIA v. JOHN W. ROTZ, Respondent CUMBERLAND COUNTY BRANCH 94-1772 civil Term Custody PETITION FOR SPECIAL RBLIEF PURSUANT TO Pa.R.C.p. 1915.13 TO THE HONORABLE, JUDGES OF SAID COURT: NOW COMES Heather D. Glessner by her attorney, Kimberly S. Gray, Esq., and respectfully represents: 1. The Petitioner is Heather D. Glessner, residing at 230 East Garfield Street, Shippensburg, PA 17257. 2. The Respondent is John W. Rotz, residing at 450 South Fayette Street, Shippensburg, PA 17257. 3. The parties are the parents of a minor child, Trenton S. Rotz, born January 11, 1992. 4. The parties have shared legal custody of the minor child, Trenton S. Rotz. 5. Petitioner has primary residential custody of the minor child, Trenton S. Rotz, with partial physical custody in Respondent, as provided in the Order of Court dated March 22, 1994, a copy of which is attached hereto and marked "Exhibit A". 6. Petitioner has filed, contemporaneously with this petition, a Petition to Modify Custody, a copy of which is attached hereto, made a part hereof, and marked "Exhibit B". WHEREFORE, until the matter of the petition to Modify custody is heard, petitioner prays your Honorable Court to retain primary physical custody of the minor child, Trenton S. Rotz, in the Petitioner and to modify Respondent's partial physical custody to that of supervised visitation of the minor child, Trenton S. Rotz. MARTIN AND KORNFIELD J_'l'UV"'{~~' H 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. section 4904 relating to unsworn falsification to authorities. ~'Qb. A<l f IOQS Date ~atrlOJl D. ~JOl\Jf\Qf\ Pet toner " , , I I I I, II ~ HEATHER D. GLESSNER I IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PA, Plaintiff CUMBERLAND COUNTY BRANCH va. CIVIL ACTION . LAW 9...- /'7'7;J. (l.;,..:,(...:J.(,..,..", !',R. 1994 - JOHN W. ROTZ, Defendant CUSTODY ORDER OF COURT NOW, 'rno,,\<.h.. .:L.:l.., 1994, upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: 1. Each of the parties shall have shared legal custody of the minor child, Trenton S. Rotz, born January 11, 1992, 2, Mother, Heather D. Glessner, shall have primary residential cuscody of Trenton with partial custody in Facher, John W, Rotz, as follows: A, Father, shall have partial custody with Trenton on Sunday March 13, 1994, from 8:30 a,m. uncil 4:00 p.m, and alternacing Sundays uncil June 12, 1994, Said partial custody shall be in the present of the fraternal grandparents, Robert and Sue Rotz, B, Commencing Sunday, June 26, 1994. Father shall have partial custody from 8:30 a,m until 4:00 p,m, and alternating Sundays thereafter until January 8, 1995. Said visitation does not have to be in the presence of the fraternal grandparents. C. Commencing Friday, January 20, 1995, Father shall have parcial custody commencing Friday at 7:00 p,m. and continuing uncil Sunday, January 22, 1995, at 7:00 p,m" and alternating weekends thereafter. D. Father shall have partial custody every Wednesday from 5:00 p.m. until 8:00 p.m. until Wednesday, June 22, 1994 this partial custody shall be in the presence of the fraternal grandparents, " Ii . (v HI/'j IT t' E. Beginning in 1995 and odd numbered years thereafter I Father shall have partial custody on the holidays of Memorial and Labor Day and Mother shall retain custody for Easter and July 4th. In the year 1996 and even numbered years thereafter, Father shall have visitation custody with the minor children on the holidays of Easter, July 4th and Mother shall retain cuscody on Memorial and Labor Day, Father's partial custody on these holiday shall be from 10:00 a,m, until 8:00 p.m. F. Father shall have partial custody each Thanksgiving from 11:00 a.m. until 3:00 p.m, G. Father shall have parcial custody each New Year's eve from 4:00 p.m,until 8:00 p.m, H. Holiday visitation shall take precedence over any other visitacion arranged herein. I, The child shall spend Mother's Facher's Day with che Facher. from 10:00 a.m, until 8:00 p,m, Day with the Mother and Father's Day shall be 3, The Christmas holidays shall be divided as follows: Father shall have partial custody from 5:00 o'clock p,m. until 8:00 o'clock p.m. on Christmas eve and 1:00 o'clock p,m, until 5:00 o'clock on Christmas day. I, Until June 22, 1994, mother shall deliver and pick up Trencon for partial custody. 5, Prior to Father exercising partial custody alone with the child he will learn to maintain Trenton's diabetic condition, By the Court. TRUE COpy FROM RECORD d In T..stim~n'i '..:,:,r:Ji, I i~:r, u'~o ;ct my han and the seal of said Court at Carlisle, Pa, h. 7..D... day of ~" .." 19'-~.. TiS....,...........," . ~r.. ~,...._..... ....Jr..\...... .. -..-..... . .....~ (J- . Prothonotary /.5/ ~.".,._ 73, ~ ----rr-oJ: ~- Plaintiff IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PA, HEATHER D. GLESSNER, CUMBERLAND COUNTY BRANCH VS. CIVIL ACTION . LAW q.., - I '77 ~ a:.:.1.. 7-#""",", F,n, 1994 . JOHN II. ROTZ, Defendant CUSTODY STIPULATION AND AGREEMENT This Stipulation and Agreement is made , 1994 by and between Heather D, Glessner, hereinafter referred to as "Hother", and John II. Rotz, hereinafcer referred to as "Fachsr." WHEREAS : 1. The parties are the nacural parents of Trenton S, Rotz, born January Il, 1992, hereinafter referred to as "Trenton". 2, The parties are not married, 3. The parties are living separate and apart and desire to settle and determine the custody and care of their minor child, 4, Neither party has participated as a party in other litigation concerning the custody of the child in this Court. 5, None of the parties has information of a custody proceeding concerning the child pending in a court of this Commonwealth. 6, None of the parties knows of any person not a party to the proceedings who has physical custody of the child, or claims to have custody or visitation rights with respect to the child, 7, During the last five years I the child has resided with the following persons and at the following addresses: 9, Per!lons Addresses I2A.tu Dennis, Diane, Travis and 22 Spring Drive April 1993\ Heather D. Glessner Chambersburg, PA Present Dennis, Diane, Travis and 7500 Molly Pitcher Hwy. 1985\ Heather D. Glessner Chambersburg, PA April 1993 8. The parties have reached an agreement with regard to custody of Trenton S. Rotz and desire to reduce their agreement co an Order of Court, The fraternal grandparents join in the Peticion agreeing to be present during the first three monchs of partial custody, NOW, THEREFORE, the parties, intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and executed, hereby stipulace and agree that the Courc may enter the following Order of Court in the above-captioned case: ORDER OF COURT NOW, 1994. upon consideration of the within Stipulation and Agreement, ic is hereby ordered as follows: 1. Each of the parties shall have shared legal custody of the minor child, Trenton S. Rotz, born January 11, 1992, 2. Mother, Heather D. Glessner, shall have primary residential custody of Trenton with partial custody in Father, John W, Rotz, as follows: A. Father, shall have partial cuscody with Trencon on Sunday March 13, 1994, from 8:30 a,m, until 4:00 p,m, and alternating Sundays until June 12, 1994, Said partial custody shall be in the present of the fraternal grandparents, Robert and Sue Rotz, B. Commencing Sunday, June 26, 1994, Father shall have partial custody from 8:30 a.m until 4:00 p,m, and alternating Sundays thereafter uncil January 8, 1995. Said visitation does not have to be in the presence of the fraternal grandparents, C. Commencing Friday, January 20, 1995, Father shall have parCial custody cOlDlDencing Friday at 7: 00 p, m, and conCinuing until Sunday, January 22, 1995, at 7:00 p,m. I and alternating weekends thereafter, D. Father shall have partial custody every Wednesday from 5:00 p.m. until 8:00 p.m. until Wednesday. June 22, 1994 this partial custody shall be in the presence of the fraternal grandparents, E. Beginning in 1995 and odd numbered years thereafter, Father shall have partial custody on the holidays of Memorial and Labor Day and Mother shall retain custody for Easter and July 4th. In the year 1996 and even numbered years thereafter, Father shall have visitation custody with the minor children on the holidays of Easter, July 4th and Mother shall retain cuscody on Memorial and Labor Day, Father's partial custody on these holiday shall be from 10:00 a,m. until 8:00 p.m. F. Father shall have partial cuscody each Thanksgiving from 11:00 a,m. until 3:00 p,m, G. Father shall have partial custody each New Year's eve from 4:00 p,m,until 8:00 p.m, H. Holiday visitation shall take precedence over any other visitation arranged herein, I, The child shall spend Mother's Father's Day with the Father, from 10:00 a,m, until 8:00 p.m, Day with the Mother and Father's Day shall be 3, The Christmas holidays shall be divided as follows: Father shall have partial custody from 5:00 o'clock p,m, until 8:00 o'clock p.m. on Christmas eve and 1:00 o'clock p,m, until 5:00 o'clock on Christlll8s day, 4, Until June 22, 1994, mother shall deliver and pick up TrenCon for partial custody. 4, Until June 1. 1994. mother shall deliver and pick up Trenton for parcial custody. 5, Prior to Father exercising partial custody alone with the child he will learn to maintain Trencon's diabetic condition, By che Court, .1..:\ '. ;; ~,. ., .J,o,.."""" 'T~~~'l j li ; t : j . i , i tc'l 1'1 ",""';O'.lJ."~ The parties further agree that, in procuring chis Agreemenc, there has been no fraud, concealmenc, overreaching, coercion, or other unfair dealing on the part of the other. IN WITNESS WHEREOF, che parcies, intending Co be bound by che cerms and conditions of this Agreement I execute this Agreemenc by signing below. ~ ;err Witness I'kW /i ''w,l1..1- Witness "tbc\:\:~\..~. ~.,ry~ Witness ~jlA, CJ. ~O'\~-<\Q{ Witness ~\ci:.c\..\:.'hv\ ,~J' -11\~i'NYL Heather D. Glessner ~l<< # ....John W, RoS/ ,. ~,1t1~ ~~ Sue Rotz I verify that the statements made in this Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, Section 4904 relating to unsworn falsification co authorities, '4oookh.eIL. ~, ~{).J\NY'\~ Heather 0, Glessner I verify that the statements made in this Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S. Section 4904 relating to unsworn falsification to authorities. /~~ ;;; John,!:!r' oCZ -' I verlfy that the statemencs made ln thls Stipulation and Agreament are trua and correct. I understand that false statements herein are made subjecc to tha penslties of 18 Pa. C.S, Sectlon 4904 relatlng to unsworn falslflcation co authorltles. ~~ Sue Rotz I verify that the stacemencs made in thls Stlpulation and Agreement are true and correct. I understand that false scatements hereln are made subject to the penaltles of 18 Pa, C.S, Section 4904 relating to unsworn falslficatlon to authoritles. $~jIIlJ Robert Rotz ~,!:",,' ! ., f' AFFIDAVIT NOW I comes the Plaintiff I Heather D, Glessner, and hereby affirms che following facta to be crue and correct to the best of her information I knowledge ~ beU!lt. ...., '. ; '. ----,-. /.- . ,~.., -,>P" .. "f1\'" 1. ,I have never participated as a party, witness, or in any ocher n any other litigation concerning custody of Trenton S, Rotz, in this pther state or in chis or in any other county of Pennsylvania. 2. I havo no information of any custody proceeding concerning Trenton , pending in a courc of this county or state or any other county or state. 3, I know of no person not a party co these proceedings who has physical "d7 of Trenton S, Rotz, or claims co have custody or visicacion rights with ect to the child, 4, Trenton S, Rotz has lived at the following places for the past five with the following persons: Persons Addresses ~ Diane, Travis and 22 Spring Drive April 1993\ D. Glessner Chambersburg, PA Present Diane, Travis and 7500 Holly Pitcher Hwy, 1985\ D. Glessner Chambers burg , PA April 1993 l , ,. COHKONIJEALTH OF PENNSYLVANIA ) ) )SS: ~ , } COUNTY OF FRANKLIN Heather D. Glessner, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Affidavit are true and correct, in part to her own personal knowledge, and as to the remainder upon information and belief. ---'cmi: Y\Q.,\'- a ' .;rl\ DJ\iW\.QA Heacher D. Glessner Sworn a!lll subscribed to before me th1s~'"1tay of Yl;)2.J.d, 1994. L;~ ~LJd~~; , (?~) I NOTARIAl SIAL I D. IVALltll COOK. Notary Public . W3yn;lb"o 8:uo., Ff:lnlclin County I I M., Commluion hphll ~~ 1. 1995 J ... 1: ~~. HEATHER D. GLESSNER, Petitioner IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH v. JOHN W. ROTZ, Respondent 94-1772 Civil Term Custody ORDER OJ/' COURT You, John W. Rotz, Respondent, have been sued in Court to modify custody, partial custody or visitation of the minor child, Trenton S. Rotz. You are ordered to appear in person at Cumberland County Court House, Carlisle, at o'clock .m. Pennsylvania, for: a conference. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. 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. Name Address Telephone Number By the Court, Date: J. 'L,d. ,/>< I , on HEATHER D. GLESSNER, . IN THE COURT OF COMMON PLEAS . Petitioner . OF THE 9th JUDICIAL DISTRICT . . OF PENNSYLVANIA . v. . . . CUMBERLAND COUNTY BRANCH . JOHN W. ROTZ, . . Respondent . 94-1772 civil Term . . Custody . PETITION TO MODIFY CUSTODY TO THE HONORABLE, Judges of said Court: Now comes Heather D. Glessner, by her attorney, Kimberly S. Gray, Esq., and respectfully represents: 1. The Petitioner is Heather D. Glessner, residing at 230 East Garfield Street, Shippensburg, PA 17257. 2. The Respondent is John W. Rotz, residing at 450 South Fayette street, Shippensburg, PA 17257. 3. The parties are the parents of a minor child, Trenton S. Rotz, hereinafter referred to as "Trenton," born January 11, 1992. 4. The child was born out of wedlock and the parties are not . currently married; the parties are Trenton's natural parents. 5. The parties have shared legal custody of the minor child, Trenton. 6. Petitioner has primary residential custody of the minor child, Trenton S. Rotz, with partial physical custody in Respondent, as provided in the Order of Court dated March 22, 1994, a copy of which is attached hereto and marked "Exhibit A". 7. Petitioner has no information of a custody proceeding concerning Trenton pending in a court in this Commonwealth 8. Petitiuner knows of no person, not a party to the proceedings, who has physical custody of Trenton, or who claims to have custody or visitation rights with respect to Trenton. 9. During the past five years, the child has resided with the following persons and at the following addresses: NAME Heather Glessner ADDRESS 230 E. Garfield st., Shippensburg, PA 17257 22 Spring Dr., Shippensburg, PA 17257 DATE Oct., 1994 - present Dennis, Diane, Travis and Heather Glessner April, 1993 - Oct., 1994 Dennis, Diane, Travis and Heather Glessner 7500 Molly Pitcher Hwy., Shippensburg, PA 17257 1985 April, 1993 10. Since the entry of the Order dated March 22, 1994, the following circumstances and facts have changed, giving rise to this petition: a) Respondent has failed to learn to monitor or maintain Trenton's diabetic condition, b) Respondent has not fulfilled his previous requirements for supervised partial custody, c) Respondent threatened to commit suicide on Friday, February 24, 1995, and has a history of two previous suicide attempts, d) Respondent was drinking alcohol and had a loaded gun out during the weekend of February 24-26, 1995, e) Respondent does not currently maintain a stable home, living alternately with his girlfriend and then his parents, f) Respondent has indicated to Petitioner that he has bipolar disorder, having been hospitalized on two occasions for depression, g) Petitioner is fearful for the safety of Trenton in Respondent's current living situation. 11. The best interest of the child, Trenton, will be promoted by modification of the March 22, 1994 Order of Court. WHEREFORE, Petitioner requests the Court to modify custody, placing permanent residential custody in Petitioner and supervised visitation in Respondent. MARTIN AND KORNFIELD Kimberly s. Gray, Esq., Attorney for Petitioner 17 N. Church street Waynesboro, PA 17268 (717) 762-3188 Attorney 10 172806 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. section 4904 relating to unsworn falsification to authorities. Date Petitioner HEATHER D. GLESSNER, Petitioner IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH v. . . JOHN W. ROTZ, Respondent 94-1772 civil Term custody ORDBR 1995, upon considered, Now, this day of , consideration of the within Petition, having been read, and ordered filed, it is Ordered: Court shall maintain primary physical custody in Petitioner with supervised visitation in Respondent as follows: 1. Respondent shall have supervised visitation of the minor child, Trenton S. Rotz, every Wednesday evening from 5:00 p.m. until 8:00 p.m., 2. Respondent shall have supervised visitation of the minor child, Trenton S. Rotz, every Saturday from 8:00 a.m. until 4:30 p.m., and 3. Respondent shall have supervised visitation of the minor child, Trenton S. Rotz, at other times as agreed upon by the parties. It is further ordered that such supervised visitation shall be at the home of petitioner. By the Court, J. I i j 1 . MAR 1 8 19sr Plaintiff IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PA. HEATHER D. GLESSNER, CUMBERlAND COUNTY BRANCH va. CIVIL ACTION - LAW ..:r. q 'f- - I??:L c..:,v.:..t ~ r .R. 199(. - JOHN W. ROTZ, Defendant CUSTODY STIPULATION AND AGREEMENT FOR CUSTODY HARTIN AND KORNFIELD E. Franklin Martin 17 North Church St, Waynesboro, PA 17268 Phone: (717)762-3188 HEATHER D. GLESSNER, IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PA. Plaintiff CUMBERLAND COUNTY BRANCH vs. CIVIL ACTION - LAW "/<I- - I fJ '1 ~ C,;,...;e;:r-V\I'wV F,R. 1991, - JOHN W. ROTZ, Defendant CUSTODY ORDER OF COURT NOW, ~ '2-1- , 1994, upon consideration Stipulation and Agreement, it is hereby ordered as follows: the within of 1. Each of the parties shall have shared legal custody of the minor child, Trenton S. Rotz, born January 11, 1992, 2, Mother, Heather D. Glessner, shall have primary residential custody of Trenton with partial custody in Father, John W. Rotz. as follows: A. Father, shall have partial custody with Trenton on Sunday March 13, 1994, from 8:30 a,m, until 4:00 p.m, and alternating Sundays until June 12, 1994. Said partial custody shall be in the present of the fraternal grandparents, Robert and Sue Rotz, B. Commencing Sunday, June 26, 1994, Father shall have partial custody from 8:30 a,m until 4:00 p.m, and alternating Sundays thereafter until January 8, 1995. Said visitation does not have to be in the presence of the fraternal grandparents, C, Commencing Friday, January 20, 1995, Father shall have partial custody commencing Friday at 7:00 p.m. and continuing until Sunday, January 22, 1995, at 7:00 p.m., and alternating weekends thereafter, D. Father shall have partial custody every Wednesday from 5:00 p.m. until 8:00 p,m, until Wednesday, June 22, 1994 this partial custody shall be in the presence of the fraternal grandparents, I. aasinnins in 1995 and odd numbered years thereafter, Fathar ahlll hive partial custody on the holidays of Hamorial Ind Labor Day and Mother shall retain custody for Ealter and July 4th. In the year 1996 and even numbered years thereafter, Father shall have visitation auatody with the minor children on the holidays of Ealter. July 4th and Mother shall retain custody on Hemorial and Labor Day. Father's partial custody on the.e holiday ahall be from 10:00 a.m. until 8:00 p.m. I(~ ,_..,,__,:~1i,-;\~~.~'., J.$f:~-.e.';>.d_\""""r'_ _._...... F, Father .hall have partial custody each Thanksgiving from 11:00 a.m. until 3:00 p.m, a. Father sholl have partial custody each New Year's eve from 4:00 p.m.until 8:00 p,m. H. Holiday visitation sholl toke precedence over any other visitation arranged herein, 1. The child sholl spend Mother's Father's Day with the Father, from 10:00 a.m. until 8:00 p.m. Day with the Mother and Father's Day shall be 3, The Christmas holidays sholl be divided as follows: Father sholl have partial custody from 5:00 o'clock p,m, until 8:00 o'olock p.m. on Christmas eve and 1:00 o'clock p,m. until 5:00 o'clock on Chrhtmal day. 4, Until June 22, 1994, mother shall deliver and pick up Trenton for partial au.tody. 5, Prior to Father exercising partial custody alone with the child he will learn to maintain Trenton's diabetic condition, ;\ , '>' ..'-~ ...._'".-~. . 1'.' "" ,_C' .r".;;;;, HEATHER D. GLESSNER, IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PA. Plaintiff CUMBERLAND COUNTY BRANCH VB. CIVIL ACTION . LAW F.R. 1994 . JOHN W. ROTZ. Defendant CUSTODY STIPULATION AND AGREEMENT This Stipulation and Agreement is made by and between Heather D. Glessner, hereinafter referred John W. Rotz, hereinafter referred to as "Father." . 1994 to as "Mother", and \JHEREAS : 1. The parties are the natural parents of Trenton S. Rotz, born January 11, 1992, hereinafter referred to as "Trenton". 2, The parties are not married, 3. The parties are living separate and apart and desire to settle and determine the custody and care of their minor child. 4, Neither party has participated as a party in other litigation concerning the custody of the child in this Court. 5, None of the parties has information of a custody proceeding concerning the child pending in a court of this Commonwealth. 6, None of the parties knows of any person not a party to the proceedings who has physical custody of the child, or claims to have custody or visitation rights with respect to the child, 7, During the last five years, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Dennis, Diane, Travis and Heather D. Glessner 22 Spring Drive Chambersburg, PA April 1993\ Present Dennis, Diane, Travis and Heather D. Glessner 7500 Molly Pitcher Hwy. 1985\ Chombersburg, PA April 1993 8, The parties have reached an agreement with regard to custody of Trenton S. Rotz and desire to reduce their agreement to an Order of Court. 9, The fraternal grandparents join in the Petition agreeing to be present during the first three months of partial custody. NOW, THEREFORE, the parties, intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and executed, hereby stipulate and agree that the Court may enter the following Order of Court in the above.captioned case: ORDER OF COURT NOW, 1994 I upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: 1. Each of the parties shall have shared legal custody of the minor child, Trenton S. Rotz, born January 11, 1992, 2, Mother, Heather D, Glessner, shall have primary residential custody of Trenton with partial custody in Father, John W, Rotz, as follows: A. Father, shall have partial custody with Trenton on Sunday March 13, 1994, from 8:30 a,m. until 4:00 p,m. and alternating Sundays until June 12, 1994, Said partial custody shall be in the present of the fraternal grandparents, Robert and Sue Rotz, B, Commencing Sunday, June 26 I 1994, Father shall have partial custody from 8: 30 a, m until 4: 00 p, m. and alternating Sundays thereafter until January 8, 1995. Said visitation does not have to be in the presence of the fraternal grandparents, C. Commencing Friday, January 20, 1995, Father shall have partial custody commencing Friday at 7:00 p,m, and continuing until Sunday I January 22, 1995, at 7:00 p,m" and alternating weekends thereafter. D. Father shall have partial custody every Wednesday from 5:00 p,m. until 8:00 p.m, until Wednesday, June 22, 1994 this partial custody shall be in tho prosence of the fraternal grandparents. E. Beginning in 1995 and odd numbered years thereafter, Father shall have partial custody on the holidays of Memorial and Labor Day and Mother shall retain custody for Easter and July 4th. In the year 1996 and even numbered years thereafter, Father shall have visitation custody with the minor children on the holidays of Easter, July 4th and Mother shall retain custody on Memorial and Labor Day. Father's partial custody on these holiday shall be from 10:00 a.m. until 8:00 p,m. F. Father shall have partial custody each Thanksgiving from 11:00 a.m. until 3:00 p,m, G. Father shall have partial custody each New Year's eve from 4:00 p,m,until 8:00 p.m, H. Holiday visitation shall take precedence over any other visitation arranged herein, I. The child shall spend Mother's Father's Day with the Father, from 10:00 a,m, until 8:00 p,m, Day with the Mother and Father's Day shall be 3, The Christmas holidays shall be divided as follows: Father shall have partial custody from 5:00 o'clock p.m. until 8:00 o'clock p.m, on Christmas eve and 1:00 o'clock p.m. until 5:00 o'clock on Christmas day. 4, Until June 22, 1994, mother shall deliver and pick up Trenton for partial custody, 4, Until June 1, 1994, mother shall deliver and pick up Trenton for partial custody. 5, Prior to Father exercising partial custody alone with the child he will learn to maintain Trenton's diabetic condition. 8y the Court, J, L~.'''.f1'V'''e _.'7f\i,f:r:: . The parties furthsr agree that, in procuring thie Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. IN WITNESS WHEREOF, the parties, intending to be bound by the terms and conditions of this Agreement, execute this Agreement by signing below. ~ 4.1- Witness i:'tn1:hI2J\. D. ~t>1'\S\rroA- Heather D. Glessner ~~-J1~Lj) Witness r ' $~ )'Ohn W. Rotz 'tbnth22l0. ~~ Witness ~M -J 1?-af Rob rt Rotz ~\),,\ ~,~Q>V'\N'O{ - Witness ~ l&t- Sue Rotz I verify that the statements made in this Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. '-furLthQ)\ C ~hl\\{\().1 Heather D, Glessner I verify that the statements made in this Stipulation and Agreement are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities. .-k/4 /2/' / John W, Ro1:f"" , " I verify that the statements made in this Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~4r Sue Rotz ; I f I verify that the statements made in this Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. &~.l2ia\- 4, AFFIDAVIT NOll, comes the Plaintiff, Heacher D. Glessner, and hereby affirms the following facts to be true and correct to the best of her information, knowledge and beUef. 1. I have never participated as a party, witness, or in any other capacity in any other litigation concerning custody of Trenton S. Rotz, in this or in any other state or in this or in any other county of Pennsylvania. 2. I have no information of any custody proceeding concerning Trenton S. Rotz, pending in a court of this county or state or any other county or state. 3. I know of no person not a party to these proceedings who has physical custody of Trenton S. Rotz, or claims to have custody or visitation rights with respect to the child, Trenton S, Rotz has lived at the following places for the past five years with the following persons: Persons Addresses Dates Dennis, Diane, Travis and 22 Spring Drive April 1993\ Heather D. Glessner Chambersburg, PA Present Dennis , Diane, Travis and 7500 Molly Pitcher Hwy. 1985\ Heather D. Glessner Chambersburg, PA April 1993 . . . a COMHONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF FRANKLIN ) Heather D. Glessner, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Affidavit are true and correct, in part to her own personsl knowledge, and as to the remainder upon information and beUef. --tbr:d::hS2A. \\). J..p ~ DA Heather D. Glessner ' Sworn aDd subscribed t~before me this/5'!ay of -r1Jd~~ 1994, NOTARIAL SEAL I D. EVALIIIE COOK, N.t..., Public W.Yl1c~baro Boro" Fronklin CO~:1ty 1 My Comrniuion bpi,os July 1, 1995 -................ ..-- I i I 1 i , j (,"1.) - 'f.< ,~""'1 J>-' ,,~.,,"-f~ "iU.. "'7\ l" 1 .., r \0 ., ~ ... .Jl . l'f) .... J ~ ~ <l i' '\II 00 ...,. >-,.. ~ en - "'... 0 "1;;.t: 11) \t. :c wt;~:..! Q"", c..':r.c..:-~ ~ r{ CD '-00"1 " ~ .j.". :z' ,~.I:O::' c:- cu-z_ :t ~ C"' N I .-':,...( Vl - :-l) ::f7!~ ~ I r- ~.: !,aJ~l~ 4.:.;:.....,,- ~ .- _. <>: 0> 0"- .... ::;u oCI: , . 1',~,{~,> , 4 . * : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Hc-<\ \-)w O. &-ltsSlt"paintif.f V . . :CIVIL ACTION - LAW . . :No.Cf4-,77'-CIVIL 19 :CUSTODY/VISI-TATION * - J (J lh Lv (l.otz Defendant " ORDER OF CODR~ I'''.-n h () fl (Jj- AND NOW, this (date) \ , upon consideration attached complaint, it is hereby directed their respective counse~ apBear before ' the conciliator, at U Iocr ((,..'" .. .,<'f.,lf 0<-0(' on the ~day of r , 19 9)', at ' , ,fYI M. ,~ehearing 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 1,J _.........._ _-.._. ._.__., _o^'_'" ,"._, ~"",.._~____I'h-__"_'_.'. HAR 3 /2 12 PH '95 i1U,O O,FJr.t OF HIE, f" THON' fAh' C;UHD.ERLI.HO CO!,tm PEHNSYI.~I.~,~ f' ',,' , ".~ ~~* .. 3'3.95~~~~~' ";I~ ,/'d. s'3,95' "'~ I~ ~ f:b2/ r--- .3'3'9S' t~11 J~ 7; ~.F' , . c ... ~ t:~ ~~ iiu U.c :>z~~ o 011:..... Z ;l:cl'S~ ~cc . MId; :5! is t- l>~ a: 1;;' CC :l: ~ .. , . .,. ~ . .~.; LAW OFFICES MARTIN AND KORNFIELD 17 NORTH CHURCH STRUT WAYNII80RO. "NNIYLVANIA 112.. . efts-- j' I.... t '. j, I, H J'} L^cC J Au';L. , HEATHER D. GLESSNER, Petitioner IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH 94-1772 civil Term Custody v. JOHN W. ROTZ, Respondent ORDER or COURT You, John W. Rotz, Respondent, have been sued in Court to modify custody, partial custody or visitation of the minor child, Trenton S. Rotz. You are ordered to appear in person at cumberland County Court House, Carlisle, at o'clock .m. Pennsylvania, for: , on a l'/)t~, /, /../1~'k./ conference. If you fail to appear as provided by this order, an Order for custodY4 partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. 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. jhOd1L~ [elv./),(I~ fIn<.Ld- ~~1/sk.J...r Name ru ' I Co IJ, I +An. Sf ~~'-L (1"As,u.... fA- /10/3 Address 1) I 1'1 I '1 \ ,'JL/v- {.:MLJ Telephone humber By the Court, Date: J. j ~ .,'1' if I .i! ( '. HEATHER D. GLESSNER, Petitioner . . IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT OF PENNSYLVANIA v. CUMBERLAND COUNTY BRANCH 94-1772 Civil Term Custody JOHN W. ROTZ, Respondent ORDER 1995, upon considered, Now, this day of , consideration of the within Petition, having been read, and ordered filed, it is ordered: Court shall maintain primary physical custody in petitioner with supervised visitation in Respondent as follows: 1. Respondent shall have supervised visitation of the minor child, Trenton S. Rotz, every Wednesday evening from 5:00 p.m. until 8:00 p.m., 2. Respondent shall have supervised visitation of the minor child, Trenton S. Rotz, every saturday from 8:00 a.m. until 4:30 p.m., and 3. Respondent shall have supervised visitation of the minor child, Trenton S. Rotz, at other times as agreed upon by the parties. It is further ordered that such supervised visitation shall be at the home of petitioner. By the Court, J. I ~ ! , '-'~.'~'ff.;"C,AC',_' "-"",. 'c'.':-i:"',,,_ ---.~Y"""'- .,' " ~,,,*,,,,. PBTITION TO MODIFY CUSTODY TO THE HONORABLE, Judges of said Court: Now comes Heather D. Glessner, by her attorney, Kimberly S. Gray, Esq., and respectfully represents: 1. The Petitioner is Heather D. Glessner, residing at 230 East Garfield street, Shippensburg, PA 17257. 2. The Respondent is John W. Rotz, residing at 450 South Fayette Street, Shippensburg, PA 17257. 3. The parties are the parents of a minor child, Trenton S. Rotz, hereinafter referred to as "Trenton," born January 11, 1992. 4. The child was born out of wedlock and the parties are not ,currently married; the parties are Trenton's natural parents. 5. The parties have shared legal custody of the minor child, Trenton. 6. Petitioner has primary residential custody of the minor child, Trenton S. Rotz, with partial physical custody in Respondent, as provided in the Order of Court dated March 22, 1994, a copy of which is attached hereto and marked "Exhibit A". ':''''''-'.'',"'''. '.\....'H-......-. 7. Petitioner has no information of a custody proceeding concerning Trenton pending in a court in this Commonwealth 8. Petitioner knows of no person, not a party to the proceedings, who has physical custody of Trenton, or who claims to have custody or visitation rights with respect to Trenton. 9. During the past five years, the child has resided with the following persons and at the following addresses: NAME Heather Glessner ADDRESS 230 E. Garfield st., Shippensburg, PA 17257 22 Spring Dr., Shippensburg, PA 17257 DATE oct., 1994 - present Dennis, Diane, Travis and Heather Glessner April, 1993 - Oct., 1994 Dennis, Diane, Travis and Heather Glessner 7500 Molly Pitcher Hwy., Shippensburg, PA 17257 1985 April, 1993 10. Since the entry of the Order dated March 22, 1994, the following circumstances and facts have changed, giving rise to this petition: a) Respondent has failed to learn to monitor or maintain Trenton's diabetic condition, b) Respondent has not fulfilled his previous requirements for supervised partial custody, c) Respondent threatened to commit suicide on Friday, February 24, 1995, and has a history of two previous suicide attempts, d) Respondent was drinking alcohol and had a loaded gun out during the weekend of February 24-26, 1995, e) Respondent does not currently maintain a stable home, living alternately with his girlfriend and then his parents, f) Respondent has indicated to Petitioner that he has bipolar disorder, having been hospitalized on two occasions for depression, g) Petitioner is fearful for the safety of Trenton in Respondent's current living situation. " 11. The best interest of the child, Trenton, will be promoted by modification of the March 22, 1994 Order of Court. WHEREFORE, Petitioner requests the Court to modify custody, placing permanent residential custody in Petitioner and supervised visitation in Respondent. MARTIN AND KORNFIELD . /'. "'1 9/ --'1[, )1../}(,,--1 /ftA K mberly p Gra Esq. , Attorney' or Petitioner 17 N. Church street Waynesboro, PA 17268 (717) 762-3188 Attorney ID #72806 .. '~.'-'''''' f..o .c~,..:,-"... '" . ..;-_-tF",!i1,.~!:l'~':::-_.:'~,r<,_~~~,':'" ~.._. ~;Jr,-:' . .~ .ij::l'..",..;9t1.~:~,"'" 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. section 4904 relating to unsworn falsification to authorities. ~1 oh Sf). \gQ5" Date ~hoJ\D, ~y~-:) Pet toner ( ~. F' ): f~'; F . {, {'-;' . HEATHER D, GLESSNER, IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PA. CUMBERlJ\ND COlINTY 8RANCH Plaintiff va. CIVIL ACTION . LAW C; ... - 1'7'7;J, C1v.:LZ",-, !',R. 19910 - JOHN W. ROTZ, Defendanc CUSTODY ORDER OF COURT NOW, '/>1a..-\<.k... .::l...:l.., 1994, upon consideration of the within Scipulacion and Agreemenc, ic is hereby ordered aa follows: 1, Each of the parties shall have shared legal cuscody of the minor child, Trenton S, Rotz, born January 11, 1992, 2, Mother, Heather D. Glessner, shall have primary residential custody of Trenton wich parcial cuscody in Father. John W, Rotz, as follows: A, Father, shall have partial cuscody with Trenton on Sunday March 13, 1994, from 8:30 a,m, uncil 4:00 p.m, and alternacing Sundays until June 12, 1994, Said parcial custody shall be in che presenc of the fraternal grandparencs, Robert and Sue Rotz, B. Commencing Sunday, June 26, 1994, Father shall have parcial custody from 8:30 a,m until 4:00 p,m, and alternating Sundays thereafter until January 8, 1995, Said visitation does not have to be in the presence of the fraternal grandparents, C, Commencing Friday, January 20, 1995, Facher shall have parcial custody commencing Friday at 7:00 p,m, and continuing until Sunday, January 22. 1995, at 7:00 p,m. I and alternating weekends thereafter, D, Father shall have parcial custody every Wednesday from 5:00 p.m. until 8:00 p,m. until Wednesday, June 22, 1994 this partial custody shall be in the presence of the fraternal grandparents, ~)/ 1-11/.5 IT 11' -<<IF f G, H, I. ~ E. Beginning in 1995 and odd numbered years chereafter. Father shall have partial custody on cha holidays of Kemorial and Labor Day and Kocher shall retain cuscody for Eascer and July 4th. In the year 1996 and even numbered years thereafter, Father shall have visication custody with the minor children on che holidays of Easter, July 4th and Kother shall retain custody on Kemorial and Labor Day, Father' s parcial cus tody on chese holiday shall be from 10:00 a,m. until 8:00 p,m. F. Father shall have partial custody each Thanksgiving fro III 11:00 a.m, until 3:00 p.III, Facher shall have partial custody each New Year's eve from 4:00 p.m.until 8:00 p.m. Holiday visication shsll take precedence over any other visicacion arranged herein. The child shall spend Kocher's Father's Day with the Father, from 10:00 a,m. until 8:00 P,III, Day WiLh the Kother and Father's Day shall be 3. The Christmas holidays shall be divided as follows: Facher shall have partial custody from 5:00 o'clock P,III, until 8:00 o'clock p,m. on Christmas eve and 1:00 o'clock p,m, until 5:00 o'clock on Christmas day. 4, Until June 22, 1994, mother shall deliver and pick up Trencon for partial custody. 5. Prior to Father exercising partial custody alone wich the child he will learn to maintain Trenton's diabetic condition, By the Courc, TRUE C??y. F~?~ .~~E;::CR~and In T..sl;m~!1'; ',..~:,r: Jr. I r., r~ u ,'. .ct my and tha seal of said Court at Carlis:e, Pa, Th' 1...:r:t.. d Y Df~"" 19',~.. IS ..... ..........'. a ' ' . ~...C\..,.....,....l.<..K\<..,,...-"..... -..-.. . .... .~~. Prolh~noVary '.51 ~....._ 73, ~ ~ .' HEATHER 0, GLESSNER, IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PA. Plaintiff CUMBERLAND COUNTY BRANCH vs. CIVIL ACTION . LAW "I~-1"'7:J. Q:.:..L ""i-i""",-, r.R. 199',l . JOlIN W. ROTZ, Defendant CUSTODY STIPULATION AND AGREEMENT This Stipulation and Agreement is made by and between Heather D. Glessner, hereinafcer referred John W. Rotz, hereinaftsr referred to as "Father," I 1994 to as "Mother", and WHEREAS: 1. The parcies are the natural parencs of Trencon S, Rotz, born January 11, 1992, hereinafcer referred co as "Trenton", 2, The parties are not married, 3, The parties are living separate and apart and desire to settle and determine the cuscody and care of their minor child, 4, Neither party has participated as a party in other licigacion concerning the custody of che child in chis Courc, 5, Nons of the parcies has information of a cuscody proceeding concerning che child pending in a court of this Commonwealth, 6, None of the parties knows of any person not a party to the proceedings who has physical custody of the child, or claims Co have custody or visication rights with respecc co che child. i. " 7, i' , . t' During the last five years, che child has residsd with the following persons and ac the following addresses: ~ " 1d r ' L l Persons Addresses nttu Dennis , Diane, Travis and 22 Spring Drive April 1993\ Heather D. Glessner Chambersburg I PA Present Dennis, Diane, Travis and 7500 Holly Pitcher Hwy, 1985\ Heather D, Glesaner Chambersburg, PA April 1993 8. The parties have reached an agreemenc with regord co custody of Trenton S. Rotz and desire co reduce their agreemenc co an Order of Court. 9. The fraternal grandparents join in the Pecicion agreeing to be present during che first three months of partial custody, NOW, THEREFORE I che parcies, intending co be lsgally bound and waiving their right to be present when this Agreemenc and Order are presented and executed I hereby stipulate and agree thac che Court may encer che following Order of Court in che above.capcioned case: ORDER OF COURT NOW, 1994, upon consideration of the within SCipulation and Agreemenc. it is hereby ordered as follows: 1. Each of che parties shall have shared legal cuscody of the minor child, Trenton S, Rotz, born January 11, 1992. 2. Kother, Heather D. Glessner, shall have primary residential custody of Trenton with partial custody in Father, John W, Rocz, as follows: A, Father, shall have partial cuscody with Trenton on Sunday Karch 13, 1994, from 8:30 a.m, until 4:00 p,m. and alcernating Sundays uncil June 12, 1994. Said partial custody shall be in the presenc of che fraternal grandparents I Robert and Sue Rotz. B. Commencing Sunday, June 26, 1994, Father shall have parcial custody from 8:30 a.m uncil 4:00 p.m, and alcernacing Sundays thereafter uncil January 8, 1995, Said visitacion does not have to be in the presence of the fracernal grandparents, l c, Commencing FrldaYl January 20, 1995, Father shall have partial cuscody commencing Friday at 7:00 p.m. and continuing until Sunday, January 22, 1995, at 7:00 p,m" and alternating weekends chereafter. . , D. Father shall have parcial cuscody every Wednesday from 5:00 p,m. uncil 8:00 p,m. uncil Wednesday I June 22, 1994 this partial cU8tody shall be in the presence of che fraternal grandparents. E. Beginning in 1995 and odd numbered years thereafcer, Father shall have parcial custody on che holidays of Memorial and Labor Day and Mother shall retain cuscody for Easter and July 4th, In che year 1996 and even numbered years thereafcer, Facher shall have visitation custody with the minor children on the holidays of Easter, July 4th and Mother shall recain custody on Memorial and Labor Day, Father's parcial custody on chess holiday shall be from 10:00 a.m. until 8:00 p.m. F, Father shall have parcial cuscody each Thanksgiving from 11:00 a,m, uncil 3:00 p,m, G, Father shall have partial custody each New Year's eve from 4:00 p.m,uncil 8:00 p.m. H, Holiday visication shall take precedence over any other visitacion arranged herein, I. The child shall spend Mother's Father's Day with che Father, from 10:00 a.m, uncil 8:00 p.m, Day with the Mother and Facher's Day shall be 3, The Christmas holidays shall be divided as follows: Facher shall have partial cuscody from 5:00 o'clock p,m, until 8:00 o'clock p.m. on Chriscmas eve and 1:00 o'clock p.m, uncil 5:00 o'clock on Christmas day, 4, Uncil June 22, 1994, mocher shall deliver and pick up Trenton for parcial custody, 4. Until June 1, 1994, mother shall deliver and pick up TrenCon for parcial custody, 5, Prior to Father exercising parcial custody alone with che child he will learn to maintain Trenton's diabecic condition. By che Court, :~;.c.'Y., .J..,,,,. -~. The parties further agree that I in procuring this Agreemenc I chere has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of che ocher. IN WITNESS WHEREOF I che parties I incending to be bound by the terms and conditions of this Agreement, execute chis Agreemenc by signing below, ~ "e~ Wicness 1.~:tJ /i,~ .~/I. f Witness -1:-br'd:.\'\2..A..~. ~).,Q A."\"D:H Witness -t\ccd.h91\. D. ~C'\::J"<\[b{ Wicness ~\cr.c\...-\:.'r\2J\ . ~J . .J:j,\.Q.bDi'f'CIt. Heather 0, Glessner g./J~ (/,;rr/( H .....John W, RoV " gr;h1, t t1~~ ~~ Sue Rocz I verify that the statemencs made in this scipulation and Agreement are true and correct, I understand that false statements herein are made subject co the penalties of 18 Pa, C,S. Section 4904 relating co unsworn falsification to auchorities, '-'\~cd:~ D. JjtDJ\)'JY\O;L.. Heather D, Glessner I verify that the scatements made in this Stipulation and Agreement are true and correct, I understand that false scacemenCs herein are made subjecc co the penalties of 18 Pa, C.S, Section 4904 relating co unsworn falsificacion to authorities, /~~ 7 John~ ocz . . I verify that the statements made in this Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I i I I :-1 ~~ Sue Rotl: I verify that the statements made in this Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. -i.Ljlt?J Robert Rotl: . . AFFIDAVIT NOW I comes the Plaintiff, Heather D. Glessner, and hereby affirms the following facts to be true and correct to the best of her information, knowledge and belief. ".~.,','. .. ..~_. 1. "I have never participated as a party, witness, or in any other p'any other litigation concerning custody of Trenton S. Rotl:, in this .pther state or in this or in any other county of Pennsylvania. 2. I have no information of any custody proceeding concerning Trenton in a court of this county or state or any other county or state. 3. I know of no person not a party to these proceedings who has physical Rotl:, or claims to have custody or visitation rights with 4. Trenton S. Rotl: has lived at the following places for the past five with the following persons: Persons Addresses ll.lln Diane, Travis and 22 Spring Drive April 1993\ D. Glessner Chambersburg, PA Present Diane, Travis and 7500 Molly Pitcher Hwy. 1985\ D. Glessner Chambersburg, PA April 1993 ~# ~~. .. - - . . . , . COMKONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF FRANKLIN ) Heather D. Glessner, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Affidavit are true and correct, in part to her own personal knowledge, and as to the remainder upon information and belief. .....~hQA.. a. ~\~"\M..QA Heather D. Glessner Sworn a~ subscribed to before me thist:fitay of ~d. 1994. ~L rj.w7A..;", (?~) I NOTARIAL S!AL I D. !VAWI! COOK. Notlry Public , \Y,:,yn:lb"o '''0.. "~n"'lin County i My Canlmiuion bpi,.. ~ 1. 1995 )