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HomeMy WebLinkAbout94-02389 !t .f ~ q> 31 , .'t. / . >. u' ofJi ~j q) 3: 1 , I ~\ \ \ I 1 I , i , ~' 1 ~' F J . ~' JEFFREY K. WELSCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94 - 2389 KAREN R. WELSCH, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT You, JEFFREY K, WELSCH have been sued in court to modify custody of the children: Andrea Welsch. You are ordered to appear in person before M',cl."" I L. /?,,,,,,,,< 181. , the conciliator, at :p:? <; I '! I k S~. (&omf H; It on the ~ 1 h. day of "T '" n (!' , 1996 at ,y:VO f ,m, , Michelle Welsch, Charlene Welsch and 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, ~ trr ...liI'r THE COURT: Date: ..5:'- 3/-91:- -?1~l~~~/ d e~~~_~,. ,~ ~~I 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. Court Administrator, 4th Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone Number: (717) 697-0371 ... . ..." - .".~ " . , .5-31"14, p.l:!'\."""-'''\~L) 1\c.\C.W ~c>Q+Ll \~'c;1 ,,'cA.:Ll..\o ~-l . j ..'..... JEFFREY K. WELSCH, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA V8. NO, 94 - 2389 KAREN R. WELSCH, Defendant CIVIL ACTION - LAW CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this day of 1996, upon consideration of the Petition for Special Relief, it is hereby ORDERED AND DECREED that an emergency custody conciliation be scheduled as soon as possible and that the present Custody Order is modified such that the father's physical custody of Michelle Welsch be restricted to those times that she wishes to see her father until such time as a conciliation conference can be scheduled between the parties. By the Court, , J, 1. Petitioner is Defendant above, Karen R, welsch, JEFFREY K. WELSCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. NO. 94 - 2389 KAREN R. WELSCH, Defendant CIVIL ACTION - LAW CUSTODY PETITION FOR SPECIAL RELIEF Defendant, Karen R. Welsch, by and through her attorneys, Law Offices of Craig A, Diehl, represents the following: hereinafter referred to as the mother, who resides at 7103 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055, 2, Respondent is Plaintiff above, Jeffrey K, Welsch, hereinafter referred to as the father, who resides at 118 N, Front Street, Wormleysburg, Cumberland County, Pennsylvania 17043, 3, The parties are the parents of the following children: Name Aqe 12 10 7 Michelle L, Welsch Charlene E, Welsch Andrea c, welsch 4, In 1994, A Complaint for Custody was filed in the above- captioned matter by the father. A Custody Order was entered on July 15, 1994 which provides for the custody of the parties' three minor children, 5, The mother has been the primary caretaker of the children since their births, 6, The father has had partial custody of the children as per the Custody Order dated July 15, 1994, 7, The parties are now divorced and the father was remarried this month, 8, The father will be relocating to Altoona, Pennsylvania in July, 1996, 9, The parties have been working with a private mediator in separate sessions since October, 1995, They have attempted to resolve various issues regarding the custody schedule of their children, especially in light of the fact that the father will be moving very soon, Said mediation regarding the custody schedule and other issues has been unsuccessful, 10, The relationship between the parties is very hostile, thus chilling any negotiations regarding the various custody issues, 11, The hostility between the parties has an adverse effect on the children in that they have witnessed arguments between the parties and have witnessed the father tearing up notes left by the mother regarding changes in the custody schedule prior to reading them, and have seen overall the hostility between the parties as evidenced in other incidents. 12, The father has expressed a desire to obtain a change in custody such that the oldest child, Michelle Welsch, age 12, (hereinafter the "Child"), would live with her father at some time, 13, On May 30, 1996, the father went to the mother's house to pick up the child and her belongings to move them to his home, At that time, the Child told her father that she did not want to move, After a conversation between father and daughter, he convinced her to move, stating that her mother did not want her to live with her anymore, The Child became very upset and ultimately, did not leave with her father, 14. The pressures of her father to move to his home have caused the Child to become upset, confused and extremely stressed about the entire situation, and as a result, has caused a strain on her relationship with both parents, 15, Because of her confusion and stress, the Child has recently sought counselling from her guidance counsellor at school, She has also expressed to her mother that she needs time to clear her head and think about what she wants to do regarding the move and has expressed a desire to meet with the parties' private mediator whom she refused to see in the past. 16. The custody schedule is such that the father will have custody at 4:30 p,m, today, May 31, 1996, 17, The Child has stated that she does not want to see her father at this time and hence does not want to go to his home for his custody period this afternoon because she is very confused and upset and needs time to think about the matter prior to deciding with whom she wishes to reside, 18. The mother fears that forcing the child to go to her father's when she does not want to will have an adverse effect on her child's well-being and will further cause her stress, 19, Because of the present emotional state of the child it is not in her best interest to put her in a stressful situation by forcing her to go to her father's home for a custody period when she has stated that she does not want to go and that going will cause her more stress, <<.,-,',!.., . 20. The father has expressed to counsel for the mother that he is presently not willing to negotiate the custody schedule and shall to defer to the private mediator that the matter be scheduled for conciliation, 21, The present situation between the parties is such that it is in the best interest of the children that the issues regarding custody be resolved immediately and accordingly, that a conciliation conference be scheduled as soon as possible, WHEREFORE, the Petitioner Karen R, Welsch requests that this court enter a Temporary Custody Order: 1, Ordering that an emergency custody conciliation be scheduled as soon as possible; and 2, Modifying the present Custody Order such that the father's physical custody of Michelle Welsch be restricted to those times that Michelle Welsch wishes to see her father until such time as a conciliation conference can be scheduled between the parties, Respectfully submitted, Date: S-..J/-q(, inda A, Attorney I,D, No, 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 JEFFREY K. WELSCH, Plaintiff VB. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 2389 KAREN R. WELSCH, Defendant CIVIL ACTION - LAW CUSTODY VERIFICATION I, KAREN R. WELSCH, verify that the statements made in the foregoing PETITION FOR SPECIAL RELIEF are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, Section 4904, relating to unsworn falsification to authorities, Dated: '1h:u;.3/,199h 1&.1 p nIP t/)-LIAJA'" ../ Ka'r n R, Welsch " F!BC'FFoCE . ., I ".C_' ?\~. r,'( ; , . '.' 1". 1 I ' "',)'. ',."0 . '.' .', : ' I , , .", ',', '''''1' I 4..:;' Ii j~1l Lf.~'.. .~-\ LAW OFfICES Of CRAIG A, DIEHL 3484l1l1NDlE ROAD 100 GLENVlEW ROAD CAMP HIU. PA 17011 SPRING GROVE. PA 17382 17171783-7813 17171 225-1929 FAX 171717llU293 . 0<' ,---....'~-.~ - vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. q 4 - .;J3g9 C!.-tA."-~ J~ JEFFREY KENT WELSCH, Plaintiff KAREN RUTH WELSCH, Defendant CUSTODY ORDER OF COURT AND NOW, this (,\~ day of ~'l , 1994, upon consideration of the attached Complaint, it is hereby directed that the parties apd their respective counsel appear before SC\."'~ I L. AY\ck~ , Esquire, the Conciliator, at b. -<;)..,,- f\I. I rl1 h <:, \. L.-f'v-b 1/1 " , pennsy"1 vania, on the Cj' h day of 74n r , 1994, at -:? () .M. for a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary Order. Ei ther party may bring the children who are the subject of this custody action to the conference, but the children I s attendance is not mandatory. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: DATED: .4 ct/WLuJi /!, /f~ t:S'I. Custody Conciliator ~~I 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. ~-_ 0-'\ L~ BY: Office of the Court Administrator Cumberland County Court House One Court House Square Carlisle, PA 17013 (717) 240-6200 H~y G 4 23 PH '9~ Of 1, . CUI~,. Ptllfi. , r i(i. , I-Jli ~1 ,H,y " U'.IilY . '"It',\ . . I '-'--" " . ~ JEFFREY KENT WELSCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. CIVIL 1994 KAREN RUTH WELSCH, Defendant CUSTODY COMPLAINT FOR SHARED LEGAL CUSTODY AND NOW, this day of , 1994, comes the Plaintiff, Jeffrey Kent Welsch, by his attorney, Arthur K. Dils, Esquire, and respectfully requests the following: 1. The Plaintiff, Jeffrey Kent Welsch, is an adult individual, who currently resides at 118 North Front Street, Wormleysburg, Cumberland, County, Pennsylvania, 17025. 2. The Defendant, Karen Ruth Welsch, is an adult individual, who currently resides at 7103 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The Plaintiff and Defendant were married on August 16, 1980, in Roselle Park, New Jersey. 4. As a result of said marriage, three children were born; namely, -1- Michelle Louise Welsch, born November 21, 1983; Charlene Elizabeth Welsch, born June 16, 1985; and Andrea Christine Welsch, born October 14, 1988. 5. The parties hereto separated on or about January, of 1994; at which time, the Defendant was cooperating in the partial periods of custody in the Plaintiff; however, recently, the Defendant has refused certain periods of partial custody with the Plaintiff. 6. The Plaintiff believes it is in the best interest of his children that he receive shared legal custody of his minor children with partial periods of custody as follows: (a) Every other weekend from Friday at 3:00 p.m. until Sunday at 3:00 p.m.; (b) At least two days during the week, every week after school until 7:00 p.m.; (c) Father's day with Father, Mother's day with Mother; (d) The children's birthdays to be shared; -2- (e) Every Christmas Eve with Mother until Christmas day at noon; (f) Every Christmas day at noon until December 28th at 8:00 p.m. with Father; (g) Alternate holidays, including New Year's Day, Easter, Memorial Day, July 4, Labor Day, Thanksgiving, and Martin Luther King Day, from the hours of 9:00 a.m. until 7:00 p.m. (h) Should the father's holiday fall on after a weekend visi tation, father shall retain the children overnight Sunday and return them Monday at 7:00 p.m. ( i ) Four weeks in the summertime; however, no more than two of the four weeks to be consecutive. Father to give Mother thirty (30) days written notice of the desired four weeks; (j) Reasonable telephone access with the minor children. 7. There has been no prior action filed for custody or visitation of the minor child in this or any other jurisdiction. -3- ~1<O;f'.. B. The Court of Common Pleas of Cumberland County has full jurisdiction in this matter as all parties reside in Cumberland County, Pennsylvania. WHEREFORE, the Plaintiff, Jeffrey Kent Welsch, respectfully requests your Honorable Court to grant him shared legal custody of his minor children. Respectfully submitted, BY: DILS & DIXON ~/U Arthur K. Dils, Esquire 101 South Second Street Executive House, Ste.L1 Harrisburg, PA 17101 (717) 232-9724 I.D. NO. 07056 -4- >>:~':/itl......,. YBRIPICA'lIOH I verify that the statements made in this Complaint for shared custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.~4904, relating to unsworn falsification to auth~rities. ,,' r ( /\s I j Dated: May 2, 1994 " .' .... -::r en -..J '"'\ ~ I,.f) ~ ,'-- .' I '~'<) ~ = 0- .... ~I ,... ," ':'..J ,....) .&~ .-.,) ~ \~ ~ -..!:) ~ ..() ~ '{) r-- "'J ~ ~ ~ .",... -..) ~ 'l) - '~ '--... . __._ _0" ,... -, = ,,",,\..J ... - ~.. .-.........J ..: H ..:> ~~ ~>< "'CIl Z ZZ O~'" :.;"'''' :.; '" o ,~ U>< E-< '" Z >~ O=>H 0> E-<UH r>: U =>0 OZ U": ~ ~r>: :C~ E-<ll:l :.;. Z=>O HUZ :c :c U U 11 CIl CIl ~ ~ ~:: ~ ~ .~ ~ ~ wC ~ ~ WI a: i ~ t;~ E-< :c ~ ~ i,lit C Z E-< ~ ~~8~ ~ CIl => " > ~..'"'Z ~ :.: > r>: z aa~: >< ~ ~ 0 ~ ~g >< Z 0 ~ ~ ~ ~ 0 C ~ iii, -~ r>: r>: E-< 0- '" ..: CIl - ~ ~ '" :.: => ~ ~ U ..., , , .. . . .. " ~ , \, , JUL 14 199~ J..... '" ',: I . ..., JEF~'REY KENT WELSCH, Plaintiff ) ) ) ) ) ) ) CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 94-2389 CIVIL TERM ,KAREN RUTH WELSCH, Defendant " ORDER i i' AND NOW, this ~5t~ day of , 1994, upon receipt of the ~... \., :conciliator's report, it appearing that the parties have agreed to the terms and : provisions of this order which was dictated in their presence and approved by them and their counsel, we hereby order as follows: 1, The parties shall share legal custody of their minor children, Michelle Louise 'Welsch, born November 21, 1983, Charlene Elizabeth Welsch, born June 16, 1985, and Andrea Christine Welsch, born October 14, 1988, 2. Primary physical of the said minor children shall remain with their mother, "the Defendant, Karen Ruth Welsch, 3, The father of the children, the Plaintiff, Jeffrey Kent Welsch, shall have and .enjoy the following periods of temporary or partial custody of all three children: A, Alternating weekends from Friday at 4:30 p,m, until Sunday at 5:00 p,m" commencing on Friday, July 15, 1994, B, Every Wednesday from 3:30 p,m, until 7:00 p,m, and every alternate Monday, commencing on Monday, July 25, 1994, from 3:30 p,m, until 7:00 p,m, C, Every Christmas holiday [or a period o[ three (3) days, commencing at 5:00 p,m, on December 25th in even-numbered years and ending at 5:00 p,m, on December 25th in odd-numbered years, 1 , ,. D, The following holidays on an alternating basis, from 9:00 a.m, until 7:00 p,m,: Presidents Day, Memorial Day, July Fourth, Labor Day, and Thanksgi ving Day, The father's holiday schedule shall commence with Thanksgiving in 1994. Whenever the father's scheduled holiday falls adjacent to one of his weekends of temporary custody, the weekend and holiday shall expand into the other so the father will have the children for three consecutive days, E, During the summer of 1994 for a period of three (3) weeks, which times have already been arranged by the parties, During the summer of 1995 I and thereafter, the father shall have the children for four (4) weeks of temporary custody, not more than two (2) weeks of which will be consecutive, The father will give the mother written notice of his four (4) weeks no later than the first of May each year, In the event that the father must work or otherwise is unavailable to have the children for more than two (2) hours during any of his weeks of summer temporary custody, he will give the mother the first opportunity to provide babysitting or child care for the children at that time, 4, Whichever parent does not have custody of any of the children on that child's birthday shall have a period of four (4) hours with the child if the birthday does not fall on a school day and, if the birthday falls on a school day, shall have the child for two (2) hours on the birthday, 5, In the event that either parent places any of the children in daycare on a regular basis, for four (4) hours or more, with advance arrangements, during any of the periods of their custody, they shall provide the other parent, in advance, with the 2 ,,,,,,,::r',"'~'. :name, address, and telephone number of the person or agency providing that daycare for I ,the children or the child, 6, Each parent shall have reasonable telephone access to the children while they , ,are in the custody of the other, Reasonable telephone access shall not mean more than fifteen minutes total and shall not mean more than one telephone contact per day except in extraordinary circumstances. By the Court, Lii J, i , Arthur K, Oils, Esquire Attorney for Plaintiff ,Carl G, Wass, Esquire 'Attorney for Defendant J C[)-/u~.!J rn tdLC" c{ 71/5/'l,/ sla 3 ~"'~ '."-.'''',-< ~ JEFFREY KENT WELSCH, ) IN THE COURT OF COHHON Plaintiff ) PLEAS OF CUHBERLAND ) COUNTY, PENNSYLVANIA vs, ) ) NO. 94-2389 CIVIL TERH i , KAREN RUTH WELSCH, ) ! Defendant ) CUSTODY JUDGE PREVIOUSLY ASSIGNED: None CONCILIATOR CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUHBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1, The pertinent information concerning the children who are the SUbject of this litigation is as follows: NAHE BIRTHDATE CURRENTLY IN CUSTODY OF Hichelle Louise Welsch Charles Elizabeth Welsch Andrea Christine Welsch 21 November 1983 16 June 1985 14 October 1988 Defendant/Hother Defendant/Hother Defendant/Hother 2, A Conciliation Conference was held on 12 July 1994 and the following individuals were present: the Plaintiff and his attorney, Arthur K. Dils, Esquire; the ,Defendant and her attorney, Carl G, Wass, Esquire, 3, The parties appeared, after having previously exchanged proposals, With a good bit of patient work by their attorneys, and some commendable adjustment by each of the parties, we were able to reach agreement upon an order, The attached order was dictated in their presence and approved by them and their attorneys and, with the entry of this order, no further action is necessary, 13 July 1994 Q~,~~~ Samuel'L, Andes Custody Conciliator JEFFREY KENT WELSCIl, ) IN TilE COURT OF COMMON PlaintiU ) PLEAS OF CUMBERLAND ) COUN1'Y, PENNSYLVANI A vs, ) ) NO. 94-2389 CIVIL TERM KAREN RUTIl WELSCH, ) Defendant ) CUSTODY ORDER AND NOW, this day of , 1994, upon receipt of the conciliator's report, it appearing that the parties have agreed to the terms and provisions of this order which was dictated in their presence and approved by them and their counsel, we hereby order as follows: 1, The parties shall share legal custody of their minor children, Michelle Louise Welsch, born November 21, 1983, Charlene Elizabeth Welsch, born June 16, 1985, and Andrea Christine Welsch. born October 14, 1988, 2. Primary physical of the said minor children shall remain with their mother, the Defendant, Karen Ruth Welsch, 3, The father of the children, the Plaintiff, Jeffrey Kent Welsch, shall have and enjoy the following periods of temporary or partial custody of all three children: A, Alternating weekends from Friday at 4:30 p,m, until Sunday at 5:00 p,m" commencing on Friday, July 15, 1994, B, Every Wednesday from 3:30 p.m. until 7:00 p,m, and every alternate Monday, commencing on Monday, July 25, 1994, from 3:30 p,m, until 7:00 p,m. C, Every Christmas holiday for a period of three (3) days, commencing at 5:00 p,m, on December 25th in even-numbered years and ending at 5:00 p,m, on December 25th in odd-numbered years, 1 D, The fOllowing holidays on an alternating basis, from 9:00 a,m, until 7:00 p,m,: Presidents Day, Memorial Day, July Fourth, Labor Day, and Thanksgiving Day, The father's holiday schedule shall commence with Thanksgiving in 1994, Whenever the father's scheduled holiday falls adjacent to one of his weekends of temporary custody, the weekend and hOliday shall expand into the other so the father will have the children for three consecutive days, E, During the summer of 1994 for a period of three (3) weeks, which times have already been arranged by the parties, During the summer of 1995 and thereafter, the father shall have the children for four (4) weeks of temporary custody, not more than two (2) weeks of which will be consecutive, The father will give the mother written notice of his four (4) weeks no later than the first of Hay each year, In the event that the father must work or otherwise is unavailable to have the children for more than two (2) hours during any of his weeks of summer temporary custody, he will give the mother the first opportunity to provide babysitting or child care for the children at that time, 4, Whichever parent does not have custody of any of the children on that child's birthday shall have a period of four (4) hours with the child if the birthday does not fall on a school day and, if the birthday (aIls on a school day, shall have the child for two (2) hours on the birthday. 5, In the event that either parent places any of the children in daycare on a regular basis, for four (4) hours or more, with advance arrangements, during any of the periods of their custody, they shall provide the other parent, in advance, with the 2 name, address, and telephone number of the person or agency providing that daycare for the children or the child, 6, Each parent shall have reasonable telephone access to the children while they are in the custody of the other, Reasonable telephone access shall not mean more than fifteen minutes total and shall not mean more than one telephone contact per day except in extraordinary circumstances, By the Court, J, Arthur K, Dils, Esquire Attorney for Plaintiff Carl G, Wass, Esquire Attorney for Defendant sla 3 tIl :j " z .. 0 < .. !:: .. ~ '" ~ :: ~ :i III :r. ~ .. ~ :< z 5 ;; >< >< :I: III .. 0 III " >< ~ " z OJ z ;;l :r. ~ ci OJ .< '" i: .. '" ,;- 0 .. <<l ~ 0 en z :r. l<l " >- " 0 A " :r. Z OJ < ... .~ , - JUL 14 1994,/ - . . ; \ "'.- J___# Prothon. - 3 JEFFREY K. WELSCH ................................,....................... Plaintiff In the Court of COMMON PLEAS of CUMBERLAND IXiHlt'"lK County ......................................................to. YI. of ..................,........................,.... Term. 19 KAREN RUTH WELSCH, .... .... ..... .... ..... .....'Dt:!f~*r"1tl~h.t:.... t........ 94-2389-Civil Term ........................................ No ......................................................t. CUSTODY ....................................................... ....................................................... ......................................................t. To the Prothonotary: ..................................................................................................................... ........... ~ ~.';~ ~~. ..~.~.~ ~::. .r:X.. ~.l'.I?!;~ F:?IJ ~7... ~;? ~.. tl:.9.. H~ f.9nH~ Po t,.. ~~. r.<;n.. ~.,:.t;h..... Welsch, in the above matter. ..................................................................................................................... ..................................................................................................................... ..................................................................................................................... ..................................................................................................................... To CALDWELL & KEARNS S~IlXft~ Prothonotary , 19 .~~.....It.Y.:.......2. . ... ..... ..~\..... A/lorr\ey for mK/D(1(:t Def. Carl G. Wass, Esquire ...........M;;t.Y'...............~~................. \ '~',' ' r ..:.; .... .- 1" . ~,..," v' r .! . . . . . .., l. '.,. - '-..-... '. " ,-' I.. ',_I '9'/ 'I t I ~: " , I I ' " ...- -, ~AY 2 7 1997 CTetf"'re 1 k. l.ue(sc:~ plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9~. c;m'1 CIVIL TERM CUSTODY v, Aarlh R. we(r/-" Defendant ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before H,( hOC" \ L, [-',(I(-'C(, c,cIl-,-' the conciliator, ,'Sue) ~, I 'i:)\hSt , (Ul}1JJ..lJ! on the ~ day of --:...\ )\'1 1999', at \ \'.OJ Cl.m., for a Pre-Hearing Custody Conference. At 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. By the court, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 30 r ,~t....._ ~:I r:i; r:- :;;'~:: . ~., -" '. '--I '/:" . , - I I :... ....:., J ,': . Li!., . _ ;'~""i' ):~ _',; .:\ . /I. - (l"B.... , 4.J ~ InadM Z:, .;0 tP d .9'7 U(,7-' --, ~ 1. a-li.J<!:t;ao . !; .~ '9'> '7l(J'1kL n Ikttl ~~ I~. ~.~ ,-.lA ~.;; ,'1) ~ 'fl ~ Jeffrey K, Welsch, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, Karen R, Welsch, Defendant NO, 9'1- ';;':U-7 CUSTODY CIVIL TERM PETITION TO MODIFY VISITATION AND CUSTODY 1, The Plaintiff is Jeffrev K, Welsch, residing at 521 57th St., Altoona, PA 16602, 2, The Defendant is Karen R, Welsch, residing at 7103 Salem Park Circle, Mechanicsburq, PA 17055, 3, Plaintiff seeks modification of visitation of the following children: NAME Charlene E, Welsch Andrea C, Welsch PRESENT ADDRESS 7103 Salem Park Circle, Mechanicsburg, PA 7103 Salem Park Circle, Mechanicsburg, PA AGE 11 8 The children were not born out of wedlock, and they are presently in the custody of Karen R, Welsch, who resides at 7103 Salem Park Circle. Mechanicsburq, PA 17055, INCLUDED IN THIS MODIFICATION, Plaintiff seeks to designate which parent will provide transportation for the children between Altoona and Mechanicsburg, ALSO, Plaintiff requests that Michelle L, Welsch. aqe 13, who has been residing with Plaintiff since January, 1997, be established in the court as changing her address to 521 57th St" Altoona. PA 16602, Since Plaintiff and his wife, Jan, are primarily responsible for the care, nurture, and financial support of Michelle, Plaintiff requests that the court recognize and establish this change in custody and address. Michelle was not born out of wedlock, and is presently in the custody of Jeff and Jan Welsch, who resides at 521 57th St" Altoona, PA 16602, Since the separation and divorce between the Plaintiff and Defendant in January, 1994, the children have lived with their mother, Karen R. Welsch, at 7103 Salem Park Circle, Mechanicsburg, PA. There was approximately a two month period in which they lived in an apartment in Colonial Park (Harrisburg), Michelle, now lives with Jeff and Jan Welsch at 521 57th St" Altoona, Pa" 16602. Prior to January, 1994, all three children lived with Jeff and Karen Welsch (Plaintiff and Defendant) at 5513 Silvercreek Dr., Mechanicsburg, The mother of the children is Karen R, Welsch, currently residing at 7103 Salem Park Circle. Mechanicsburq, Pa, , 17055. The mother is divorced, 1 NAME Janic~ Welsch Michelle L, Welsch RELATIONSHIP Wife Daughter The father of the children is Jeffrey K, Welsch, currently residing at 521 57th St.. Altoona, PA.. 16602, The father is divorced and re- married, 4, The relationship of the Plaintiff to the children is father, The Plaintiff currently resides with: 5, The relationship of the Defendant to the children is mother, The Defendant currently resides with: NAME Charlene E, Welsch Andrea C, Welsch RELATIONSHIP Daughter Daughter 6, Plaintiff has participated as a party in other litigation concerning the custody of hi~ minor children in this court - Court of Common Pleas of Cumberland County, PA" docket #94-2389. 7, Charlene and Andrea have a wonderful time when they visit in Altoona as they participate in numerous church functions, seeing friends, spending time with their grandparents, aunt, and cousins, and benefitting from a stable home life with Plaintiff, his wife, Jan, and Michelle, The best interest and permanent welfare of the children will be served by granting relief in the following matters requiring modification of visitation: A) transportation - Defendant originally agreed with the Mediator to assume partial driving necessary for visitation between Altoona and Mechanicsburg, and then at the end of the mediation process withdrew her agreement (mediation document - page 4, item #6), Plaintiff requests that the court order the Defendant to assume one-half (50%) of driving, Plaintiff and Defendant have joint custody of the children, and therefore both parties should assume responsibility for the travel of children to be with both parents, Each round-trip between Altoona and Mechanicsburg is 250 miles, with $13,60 in tolls, With Michelle now living with Plaintiff and Jan, this amounts to 6 round trips per month for the Plaintiff, Plaintiff proposes the following schedule, assuming the first weekend visit would be for Charlene and Andrea to come to Altoona; the 2nd weekend would be for Michelle to go to Mechanicsburg; and the 3rd weekend of the month would be Charlene and Andrea coming to Altoona again: 1) Father comes to Mechanicsburg, picks up children at school dismissal, and comes back to Mechanicsburg, Mother leaves whatever weekend clothing (typically 1-2 small bags) is necessary for the children on the porch for father to pick up before he picks up the 2 children, This will save considerable travel time for father, Mother must come to pick up children on Sunday at Rax restaurant. south of Altoona at 3:00, It is necessary for the transfer of children away from Plaintiff's residence due to a standing police order against Defendant prohibitinq her anv contact with 58th St. United Methodist Church property and persons associated with the church (copy enclosed) , All exchange of children must take place outside the Al toona area, Father is willing to save mother approximately 10 miles of driving to 2 meet her outside of Altoona, Lemoyne police have on file a complaint against Defendant concerning property damage she inflicted on the parsonage at Plaintiff's last residence, Plaintiff's present church, 58th Street United Methodist, will not tolerate the possibility of Defendant again causing property damage and contacting church members, This policy is in effect at the urging of both Becky Emerick, mediator, and the Rev, Dr, Thomas Irwin, Plaintiff's District Superintendent, The transfer of children must take place outside Altoona, If mother is later than 3:30, father has privilege of leaving, and mother must then call father to arrange new pick-~p time, 2) on the weekend for Michelle to visit in Mechanicsburg, Defendant (mother) will come to Rax Restaurant on Friday to meet with father and Michelle at a time of Defendant's choosing, The time designated at the Conciliator's Conference will be the permanent time, and can only be adjusted by request of either parties in writinq, No phone conversations will be permitted to change this schedule, Plaintiff (father) will pick up Michelle at 3:00 - this is necessary so that Michelle can be back home to participate in weekly church activities, 3) on the 2nd weekend that Plaintiff has visitation with Charlene and Andrea, the same schedule as #1 above will be followed (father picking them up at school, and mother meeting at Rax on Sunday at 3:00 for transfer) , B) establish a permanent schedule for Plaintiff's four (4) weeks of court-ordered summer visitation with Charlene and Andrea, This is necessary due to the fact that Defendant has refused to supply Plaintiff with an agreement of proposed dates for this visitation in a reasonable time, Defendant agreed to fix vacation times no later than May 1 in a signed document granting Michelle to reside in Altoona with Plaintiff, Plaintiff supplied Defendant with proposed dates in January, and as of May 21, 1997, Defendant has not agreed to any dates, Plaintiff's request is that the court establish a permanent schedule so that Plaintiff will not have to wait to set vacation time with his employer, and so that plans for vacation can be accomplished, and that these weeks may have planned events, As it is now, Plaintiff cannot schedule trips, visits, etc. because there is not provided enough time to make adequate plans, Plaintiff proposes that we establish these 4 weeks of summer vacation with father for Charlene and Andrea on a permanent basis: I) one week beginning the 2nd Sundav of June, in the afternoon after Annual Conference - 3:00, However, in 1997 only, this week would begin June 15, This week also corresponds wi th our church's Vacation Bible School, of which the children thoroughly enjoy, As established in transportation issue above, father will pick up children, and mother will meet at Rax restaurant at 3:00, II) two weeks beginning on the 2nd Sundav of Julv, with father qettinq the 2 children at 3:00, Mother will meet at Rax at 3:00 two weeks later, I II) one week beginning the 2nd Sunday of Auqust. with father qettinq the 2 children at 3:00, Mother will meet at Rax at 3:00 on the following Saturday at 3:00, These vacation weeks not only take into account Plaintiff's need to schedule vacation time during winter/spring, but also includes special activities in the church which the children really enjoy, such as summer camping, 3 C) throughout the school year, Plaintiff requests to maintain the same schedule as established in our signed mediation agreement through Becky Emerick (copy enclosed), Basically, this involves a schedule of every- other weekend, and several long weekends when the 2 children are out of school, In fact, Plaintiff requests that the entire mediation document be admitted as part of this revised court order. D) plaintiff requests that Michelle L, Welsch be designated to be under the care and nurture of Jeff (Plaintiff) and Jan Welsch. In these four months that Michelle has been living in Altoona, she has adjusted very quickly, become involved in numerous school activities, made many new friends, and enjoys an active church life, She is doing well at school and we expect her to be on the honor roll this term, Her Guidance Counselor, and friends and family all unanimously agree that she has truly blossomed since moving to Altoona, Michelle has a very loving and beneficial relationship with her step-mother, Jan, Michelle has a wonderful relationship with her father (Plaintiff), and is assured that there would never come a time in which father would treat her cruelly or with selfish motives - she has complete confidence that father will always love her and do what is best for her, both physically and emotionally, Michelle is happy, healthy, and extremely pleased to be in her Altoona environment, Completely absent at Plaintiff's home in Altoona are the negative elements Michelle found necessary to leave while residing with the Defendant, It is fitting and proper that the court recognize and re-designate Michelle'S change of residence, B, Parental rights to the children have not been terminated for either parent and the person who has physical custody of the child have been named as parties to these actions, The only persons claiming parental rights are the Plaintiff (father), his wife, Jan (step-mother), and Defendant (mother), No other person claims parental rights to the three children. WHEREFORE, Plaintiff requests this court to grant this modification of visitation for Charlene and Andrea, and change of residence for Michelle, ReEpectfully Submitted, J.t~ k ~-ek/-' , 'Plaintiff 4 58th St. & Roselawn Ave. Altoona, Pa 16602 Jeffrey K, Welsch. pa3tor office~ 942-.5.586 July 16, 1996 Ms, Welsch, This letter serves to inform you that you are hereby prohibited from any contact with 58th St. United Methodist Church in Altoona, Pennsylvania, Contact is defined as any personal communication with the church and our members either in person or by phone, You are also prohibited from any physical contact with our church property, This policy is effective as of the date above, and your failure to comply with this policy will result in our turning the matter over immediately to the local police, Sincerely, {?~ LUJt Philip Wilt, Trustee President cc: Altoona Police Chief cc: Rev, Thomas Irwin cc: Unda Clotfelter, esquire cc: Arthur Oils, esquire June 8, 1996 ANOTHER PRRSPECTNE ASS 0 erA T E 5 Jeff Welsch 118 N, Front Street Wormleysburg, PA 17043 Karen Welsch 7103 Salem Park Circle Mechanicsburg, PA 17055 Dear Jeff and Karen: You have completed mediation to your satisfaction and both have stated that you agree to have the following admitted to the court as a consent order as part of your original divorce and custody filing, The parties agree that Karen's attorney Linda Clotfelter will prepare a consent for their signatures. Jeff Welsch at this time is satisfied with mediation and wishes to decline his right to separate counsel, Mr, Welsch may at anytime retain counsel if he wishes, The following issues were settled in mediation: 1, Children's individual trust funds: All trust funds will be transferred from the name of father and child to mother and child. Mother agrees to keep the funds invested with the Methodist Conference Building Fund and to reinvest the interest received in $100 increment to the individual child's account, All sums that exceed $100 increments for a specific child will be applied to Andrea's account in $100 increments, or to the children's direct care if it is less than $100, 2, Life insurance: Both parties agree to restate the life insurance section of their divorce decree as follows: Father will secure and pay for a $100,000 first to die policy on himself and mother, with the beneficiary being the opposite parent, This policy will remain in force until the last child graduates from college or is age 24, whichever is first, Father will show proof of this policy, CUrrently, this policy is with Midland National Life Insurance Company, Suitt' ~07 . 35-10 "l. I'ro~r"ss """nu" . HMrisbur~, 1''' 17110 Phon,,: (ili) 540.15711 . F.IX: (717) h71-li03 2 Jeff and Karen Welsch June 8, 1996 3. S'nnm~~ visitation: Summer visitation will be as follows, Each parent will have the children for two exclusive 14 night periods, During the summer there will be no weekend or weekday exchanges as during the school year, The children will continue to be with Father on Father's Day and Mother on Mother's Day, For the summer of 1996, recognizing Father's move to Altoona, the parties have agreed to the following. - por June 1996, Father will have the children from: 1.) 8:00 p,m. Sunday, June 9, 1996 until Tuesday at 4:00 p,m, Tuesday, June 11, 1996, 2,) 6:00 p.m, Saturday, June 15, 1996 until 2:00 p,m, June 19, 1996, 3,) 8:00 p,m, Sunday, June 23,1996 until 7:00 p,m. Monday, June 24, 1996, Mother will bring the children to Father in June and Father will return the children to Father after his visit, Por July and August 1996, Father will have the children: 1,) Noon Friday, July 12 until noon on Friday, July 26, 1996. 2, ) Noon Friday, August 9, 1996 until noon on Friday, August 23, 1996, Father will provide all transportation in July and August, 3 Jeff and Karen Welsch June 8, 1996 4,) School year visitation: Acknowledging Father's move to Altoona both parties have agreed to modify the school year schedule so that Father and Mother may each benefit from the days the children are not in school, Both parties acknowledge that this will mean that they will sometimes receive two weekends in a row, or a period of three weeks between visits, This 1996-1997 school year visitation will be as follows, Father will have the children on the following days, Father will pick up the children at school or at home immediately after school and return the children between 4:30 and 5:30 p,m, on his day to return them. -Friday to Sunday, September 6-8, 1996 -Friday to Sunday, September 20-22, 1996 -Friday to Sunday, October 4-6, 1996 -Friday to Tuesday, October 11-15, 1996 -Friday to Sunday, November 1-3, 1996 -Thursday to Sunday, November 14-17, 1996 (children have ~ day of class on Thursday) -Wednesday to Monday, November 27-December 2, 1996. (Thanksgiving Weekend) -Friday to Sunday, December 13-15, 1996 -Thursday to Tuesday, December 26-December 31, 1996 -Friday to Sunday, January 10-12, 1996 -Friday to Sunday, January 24-26, 1996 -Friday to Sunday, February 7-9, 1996 -Friday to Sunday, February 21-23, 1996 -Thursday to Sunday, March 6-9, 1996, (Elementary off Thursday at noon and Friday.) 4 Jeff and Karen Welsch June 8, 1996 -Friday to Tuesday, March 21-25, 1996. (Elementary off ~ day on Monday and all day Tuesday.) -Friday to Sunday, April 4-6, 1996 -Friday to Sunday, April 18-20, 1996 -Friday to Sunday, May 2-4, 1996. (School out at noon,) -Friday to Monday, May 23-26, 1996, Memorial Day, -Friday to Sunday, May 30-June 1, 1996, -Friday to Monday, June 13-16, 1996, Father's day, (Return noon to 3:00 p,m" Charlene's Birthday,) The above schedule maintains the exchange of holidays as stated in the Divorce agreement. The above schedule gives Father between six and seven extra days when school is closed, and Mother between three and seven days, if makeup days are not needed. It is recognized that bad weather may prevent the exchange of the children, and both parties agree that there will be no makeup days if the exchange fails to take place on the date scheduled, 5,) Other school year visitation: Father may obtain the children after school on the Wednesday or Thursday of the week he would not have them on the following weekend, and return them the same day by 7:00 p,m, Father must give mother two days notice of his intent to see the children in this manner. 6,) Transportation: Father requested that mother meet and pick up the children every other time Father has the children for a weekend during the school year, Father proposed this take place by Mother meeting Father in , , 5 Jeff and Karen Welsch June 8, 1996 Bedford and exchanging the children in mid-afternoon, Mother originally agreed to pick up the children once every other time Father had them and Father would provide all other transportation, At this time, Mother prefers that Father provide all transportation and has declined to participate in transportation of the children, 7, ) Christmas: Both parties agree to change the current Christmas schedule as follows, The parents will alternate having the children on Christmas with one parent (Karen in 1996) having the children from December 23 - until noon on December 26 each year; the other parent would have the children from noon December 26 for three days until 5:00 p,m, December 29 each year, The parties agree that whoever has the children over Christmas will be responsible for bringing the Children to the other parent on the 26th each year, 8.) Michelle: Michelle is the 12-year-old daughter of the parties, Both parties acknowledge that Michelle is comfortable with her Father and is somewhat like him in personality. Both parties agree that they will be open to allowing Michelle to live with her Father after Michelle spends another year with Mother, possibly beginning September 1997, if that is her desire. Both parties further agree that should this happen they will have all the children together during each visit in the summer and as much as possible during the school year for continuing sibling development. 9, ) Other: following following: The mediator has privately discussed the with each party and they agree to the 6 Jeff and Karen Welsch June 8, 1996 A.) Each parent will cease telling the children how to live in the other parent's household, Each parent will be responsible for all parenting while in their own home, B,) Each parent, for the psychological health of their children, will cease criticizing and talking disparagingly about the other parent in front of the children, The children love both parents, and will always be with both parents, The continuation of derogatory remarks serves only to alienate the children from the parent making them, Additionally it is painful for them to hear, Both parents will treat the children as their children and not as personal confidants, C. ) Each parent will allow the children to call and talk with the other parent without interruption, The children should not be utilized to focus the parent's anger through, D, ) Each parent will provide a telephone number for emergencies that the other parent may utilize to call, Father will provide Mother with an address and telephone number of where the children will reside during normal visitation, 7 Jeff and Karen Welsch June 8, 1996 E,) Each parent should consider that except during the two week exclusive summer periods and special holidays and birthdays, there is no need for the parent who is not with the children to constantly call each day. This is disruptive and not required at the ages of your children, Sincerely, p,r~ Rebecca L, Emerick M,S" M,B.A., CPA cc: Linda Clotfelter, Esquire '; . --'1 _.--,~..~..,.... -.....--..-,...-.-... ., , AlEfl{)FACE 0" n [: ;:""'" '''''.'IT,.ny , ,~'" . . . I,'''''' 9H:f.Y 23 FK 1:!=:9 C"I':'.;' , , ,,'1','1" L: ',,'. " .. ,~- \~/,# _I" I PEi\~\S\'~/l'; ~v\ ..._,~-~~'---... . .. ... - , . '. .....-. JEFFREY KENT WELSCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94-2389 CIVIL TERM KAREN RUTH WELSCH, Defendant CIVIL ACTION - LAW CUSTODY/VISITATION ORDER AND NOW, this ,-tL , day of ~ u 0 -' ~i , 1997, upon receipt of the Conciliator's Report, it appearing that the parties have reached a temporary agreement as to the summer months, and that the agreement was dictated in their presence and approved by them, it is hereby ordered and directed as follows: 1, The parties shall share legal custody of their minor children, Charlene E, Welsch, d,o,b, June 16, 1985, Andrea C. Welsch, d,o.b, October 14, 1988, and Michelle L, Welsch, d,o,b, November 21, 1983. 2, The parties acknowledge that currently Michelle is living primarily with Father and Charlene and Andrea are living primarily with Mother, The parties have agreed to a summer schedule in accordance with the following: A, Father shall have custody of Andrea and Charlene from July 19th through July 25th, Father shall pick up Andrea and Charlene at 2:00 p,m, at Mother's residence on ...~-..;. c " -'. , 'i I: r!l " c~ " ::/::(1 ""'I~ _. ":.I,~:;~ '~, ",:"" , .f 97 ~/'~ " '. ,.~,\ "'. .; .11"-'- . "I I July 19th, Father will drop off Andrea and Charlene on July 25th at Mother's residence at 2:00 p,m. B. Mother shall have Michelle from July 12th through August 3rd. Mother shall pick up Michelle at Father's residence, However, it is specifically understood that Mother shall park across the street and shall not be permitted on church ground, It is the intention of this Order that the child shall walk to the Mother's car and that the Mother should only be out of the car for purposes of helping the child get her luggage in the car and to get ready for the trip back. C, Father shall have all the children from August 3rd through August 17th, Father will be picking up the children at Mother's residence between 2:00 and 3:00 p,m, on August 3rd, Mother shall pick up Andrea and Charlene on August 17th between 2:00 and 3:00 p,m, at Father's residence, Again, it is understood that Mother shall park across the street and shall not be permitted on church ground. It is the intention of this Order that the child shall walk to the Mother's car and that the Mother should only be out of the car for purposes of helping the child get her luggage in the car and to get ready for the trip back, 3. The parties recognize that there is an estrangement that is currently occurring between Michelle and her Mother. The Mother will involve Michelle with appropriate counseling to get to the bottom of this estrangement. Mother will pick an appropriate psychologist to assist her in this regard and will provide Father with the name, address and phone number of that person as soon as that person is chosen, Mother should provide that information to Father at least a week in advance of when she has her first scheduled appointment with that psychologist. Both parties will evenly share in the expense related to the psychologist appointments with Michelle, The psychologist should provide a brief report to the conciliator by the time of the next conciliation as to what is occurring with Michelle that has caused this estrangement, 4. The parties will reconvene for another conciliation in the offices of Michael L, Bangs, Esquire, 302 South 18th Street, Camp Hill, Pennsylvania, 17011, on the 21st of August, 1997, at 10:00 a.m. BY THE COURT, Mr, Jeffrey K, Welsch Pro Se ~41 .~..{ '?:/!ijr?, ....... -p, Jeffrey C, Goss, Esquire Attorney for Defendant JEFFREY KENT WELSCH, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94-2389 CIVIL TERM KAREN RUTH WELSCH, Defendant CIVIL ACTION - LAW CUSTODY/VISITATION JUDGE PREVIOUSLY ASSIGNED: The Honorable J. Wesley Oler, Jr. CUSTODY CONCILIATION CONFERENCE 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 concerning the children who are the subject of this litigation is as follows: lW1E BIRTHDATE CURRENTLY IN CUSTODY OF Charlene E, Welsch Andrea c. Welsch Michelle L, Welsch June 16, 1985 October 14, 1988 November 21, 1983 Defendant Defendant Plaintiff 2, A Conciliation Conference was held on July 3, 1997, and the following individuals were present: the Plaintiff, Jeffrey K. Welsch, Pro Se; the Defendant appeared with her attorney, Jeffrey c. Goss, Esquire, 3, Items resolved by agreement: See attached Order. 4, Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: See attached Order, ~. .- 6, The Defendant's position on custody is as follows: See attached Order, 7. Need for separate counsel to represent children: Neither party requested, 8, Need for independent psychological evaluation or counseling: See attached Order, 9. The parties will reconvene for another conciliation in the offices of Michael L, Bangs, Esquire, 302 South 18th Street, Camp Hill, Pennsylvania, 17011, on the 21st of August, 1997, at 10:00 a,m. Date: July 30, 1997 o !: III Cl Z 1i:S -< ~ n III ~ > , ~ = ~ ~ >- ~:Ii , '" : ~ ... Z - t&; III c: ~ .. ~ ~ : :l " < 0 = ;:: ~- ... .. '" - ~ ~ , , - . . ' '. AUG 0 -l '!9!97 ~/ , ,. .w.- .' ~ e........~',.-.:- vs, ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY KENT WELSCH, Plaintiff NO, 94.2389 CIVIL TERM KAREN RUTH WELSCH, Defendant CIVIL ACTION - LAW CUSTODY /VISIT A TION ORDER AND NOW, this '?rJ II day of J.: c.")',) '-~1 , 1 997, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them, it is hereby ordered and directed as follows: 1, All prior Orders entered in this case are vacated, 2, The parties shall snare legal custody of their minor children, Charlene E, Welsch, d,o,b, June 16, 1985, Andrea C, Welsch, d,o,b, October 14, 1988, and Michelle L Welsch, d,o,b, November 21, 1983. 3, Mother shall have primary physical custody of Andrea and Charlene, and Father shall have primary physical custody of Michelle; however, both are subject to a custody schedule in accordance with the following: A, Week One: Mother will have Michelle from Friday until Sunday and Father will have Charlene and Andrea from Friday until Sunday, The parties will agree to exchange the F;Lrr:. 'C~rl^r: C,. -~". 1'10'_0, ',' '. 0"':"1 :-""1r..~y '.. '.. 97 ;:t:r: 2{J ""/ . '.. : /6 cU:. '" c., "'.. ' - ~ '. . '. .), ',: } r.,.., , ............ ... \ '."!.' I r' ;_.~" children at 5:30 p,m, on Friday at either the Sideling Exit of the Turnpike if the Sideling Exit has access from both East and West, if not at the Ramada Inn off the Breesewood Exit, They shall return the children at 1 :45 p,m on Sunday, B, Week Two: Father shall transport Michelle to Mother's residence by 6:00 p,m, on Friday evening, and Mother shall then transport Michelle to the drop off point as indicated above on Sunday at 1 :45 p.m, C, Week Three: Mother shall drop otf Charlene and Andrea at 6:00 p,m. on Friday outside of Father's residence, The parties shall then meet so that Father can drop off Charlene and Andrea on Sunday at 1 :45 p,m, at the drop off point as indicated above, D, We..ek Four: No exchange of visitation, 4, The parties shall alternate custody of the children on the following holidays: Labor Day, Thanksgiving Day, President's Day, Memorial Day, and Fourth of July, This holiday schedule shall include the entire weekend and take precedence over the other schedule, This alternating holiday schedule shall commence with Father having Labor Day in 1997, The parties will agree to exchange the children at 5:00 p,m, on Friday at either the Sideling Exit of the Turnpike if the Sideling Exit has access from both East and West, if not at the Ramada Inn off the Breesewood Exit, They shall return the children at 5:00 p,m, on the day of the holiday, 5, Mother shall have the children for Mother's Day, and Father shall have the children for Father's Day, This period of partial custody ( and visitation shall take precedence over any other schedule. 6, The Christmas holiday shall be in two segments. Segment A shall be from December 23rd at 5:00 p,m, until December 26th at 12:00 noon. Segment B shall be from December 26th at 12:00 noon until December 29th at 12:00 noon, Father shall have Segment A in 1 997 and all odd-numbered years thereafter and Segment B in 1 998 and all even-numbered years thereafter, Mother shall have Segment A in 1 998 and all even-numbered years thereafter and Segment B in 1997 and all odd-numbered years thereafter. 7, The parties shall share the summer vacation such that Father shall have three full weeks of custody with the children all together, and Mother shall have three full weeks of custody with the children all together. Father shall also be entitled to one uninterrupted week of vacation with Andrea and Charlene alone, and Mother shall be entitled to one uninterrupted week of vacation with Michelle alone, Mother shall provide Father with the weeks in which she intends to exercise 4 ~J her periods of visitation under this schedule no later than April 15th of each year, and Father shall notify Mother of his schedule no later than April 22nd of each year, For the remainder of the summer schedule, there shall be no shifting of the custody between the parties, The transportation for these periods of summer visitation shall be such that the parent ending his or her period of custody with the children shall drop the children off at the other party's residence. 8, Each parent and the children shall have reasonable telephone access with each other while the children are in the custody of the other parent. Reasonable telephone access shall not mean more than fifteen (15) minutes total and shall not mean more than one telephone contact per day, except in an extraordinary circumstances. 9, Father shall provide Mother with his cellular phone number to be used only in cases of emergency as it relates to this custodial schedule, BY THE COURT, Ji ( Mr, Jeffrey K, Welsch, pro se (\~""..",.;w.:.,(, S}:l.9/91, Jeffrey C, Goss, Esquire - --U .. ..J, 'r'>, mlb . JEFFREY KENT WELSCH, Plaintiff ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 94-2389 CIVIL TERM KAREN RUTH WELSCH, Defendant CIVIL ACTION - LAW CUSTODY /VISIT A nON JUDGE PREVIOUSLY ASSIGNED: The Honorable J, Wesley Oler, Jr, CUSTODY CONCILIATION CONFERENCE 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 concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Charlene E, Welsch Andrea C, Welsch Michelle L. Welsch June 16, 1985 October 14, 1 988 November 21, 1 983 Defendant Defendant Plaintiff 2, A Conciliation Conference was held on August 21, 1997, and the following individuals were present: the Plaintiff appeared pro se; the Defendant appeared with her attorney, Jeffrey C, Goss, Esquire, 3, Items resolved by agreement: See attached Order, 4, Issues yet to be resolved: See attached Order, 5, The Plaintiff's position on custody is as follows: See attached Order, 6, The Defendant's position on custody is as follows: See attached Order, 7. Need for separate counsel to represent childlren): Neither party requested, 8, Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary, Date: August 25, 1997 Mich el L. Bangs Custody Conciliator U} ~ o - ~~ U l!:l ~:- ,~ d 0-1 >- ~ ~ ~ l'; III W III "' S .. < 0 ~ :l := 1::< . _ o 0 = ... 0 ~ .. ~ ~UG 2 7 1997 . JEFFREY K. WELSCH, . IN THE CXXJRT OF CXJMMCXIl PLEAS OF . plaintiff/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 94-2389 CIVIL TERM . . . KAREN R. WELSCH, . CIVIL ACTION - LAW . Defendant/Petitioner . IN CUSTODY . 0ti upon consideratioon of the attached ordered and directed as follows: AND Na'i, this day of Custody r, '-, ( I ~, .' , ~ r : ;'i t" '-. .' ; r . , 2000, - , .. Report, it ;-is . :' '1 .- , , ~.: '. . aIDER OF <DIRT 1. The prior order of this Court dated August 27, 1997 is vacated and replaced with this order. 2. The Father, Jeffrey K. Welsch, and the Mother, Karen R. Welsch, shall have shared legal custody of Michelle L. Welsch, born November 21, 1983, Charlene E. Welsch, born June 16, 1985 and Andrea C. Welsch, born October 14, 1988. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. 3. The Mother shall continue to have primary physical custody of Andrea and Charlene, and the Father shall continue to have primary physical custody of Michelle. 4. During the school year, the parties shall have partial physical custody of the Children in accordance with the following four-week cycle: A. WEEK I: The Mother shall have custody of Michelle from Friday at 5:30 p.m. through Sunday at 3:00 p.m. and the Father shall have custody of Charlene and Andrea from Friday at 5:30 p.m. through Sunday at 3:00 p.m. Exchanges of custody under this provision shall take place at Exit 13 (Ft. Littleton) of the PA Turnpike. B. WEEK II: The Mother shall have custody of all three Children frc:m Friday at 6:30 p.m. through Sunday at 3:00 p.m. For purposes of this provision, the Father shall transport Michelle to the Mother I s residence on Friday and the Mother shall transport Michelle to Exit 13 (Ft. Littleton) of the PA Turnpike on SUnday. C. WEEK III: 'l11e Father shall have custody of all three Olildren fran Friday at 6:30 p.m. through Sunday at 3:00 p.m. For purposes of this provision, the Mother shall transport Charlene and Andrea to the Father's residence on Friday and the Father shall transport Olarlene and Andrea to Exit 13 (Ft. Littleton) of the PA Turnpike on Sunday. D. WEEK IV: No exchange of custody. E. The parties shall strictly abide by the custody exchange times set forth in this Order and aCknowledge the necessity of a timely exchange particularly on Sundays at 3:00 p.m., due to the Father's work schedule. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. CIIRIS'DtAS: The Christmas holiday shall be divided into Segment A, which shall run fran December 23 at 5:00 p.m. through December 26 at 12:00 noon, and Segment B, which shall run fran December 26 at 12:00 noon through December 29 at 12:00 noon. The Father shall have custody of the Children during Segment A in odd nwrbered years and during Segment B in even numbered years. The Mother shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. The party relinquishing custody of the Children under this provision shall be responsible to provide transportation to the other party's residence, with the exception of the exchange on Decenber 29, which shall occur at Exit 13 (Ft. Littleton) of the PA Turnpike. B. THANKSGIVING: The Father shall have custody of the Olildren over Thanksgiving in even numbered years and the Mother shall have custody of the Children over 'lhanksgiving in odd nwrbered years. In even numbered years, the Mother shall transport Charlene and Andrea to the Father's residence on the Wednesday before Thanksgiving at 6:30 p.m. and the return exchange of custody shall take place at Exit 13 (Ft. Littleton) of the PA Turnpike on the Monday after Thanksgiving at 3:00 p.m. In odd nwrbered years, the Father shall transport Michelle to the Mother's residence on the \~ednesday before Thanksgiving at 4:30 p.m. and the return exchange of custody shall take place at Exit 13 (Ft. Littleton) of the PA Turnpike on the Monday after 'l11anksgiving at 3:00 p.m. C. EASTER: The Easter holiday shall run fran Good Friday at 9:00 a.m. through Easter Sunday at 5:30 p.m. 'l11e Father shall have custody of the Children over Easter in even numbered years and the Mother shall have custody over the Easter holiday in odd numbered years. Custody exchanges for the Easter holiday ,I shall take place at Ft. Littleton. D. MlKRIAL DAY/JULY 4th/LAIlOO MY: The parties shall alternate having custody of the Children on Memorial Day, July 4th and Labor Day. The Memorial Day and Labor Day holidays shall run from Friday at 5:30 p.m. through Monday at 5:30 p.m. and the July 4th holiday shall fall within the extended weeks of custody under the sunmer schedule. In even numbered years, the Mother shall have custody of the Olildren on Memorial Day and Labor Day and the Father shall have custody on July 4th. In odd numbered years, the Father shall have custody of the Children on Memorial Day and Labor Day and the Mother shall have custody on July 4th. Exchanges of custody under this provision shall take place at Ft. Littleton. E. MCIl'IIER'S DAY/FATHER'S MY: The Mother shall have custody of the Children every year on Mother's Day weekend from Friday at 5:30 p.m. through sunday at 6:30 p.m. and the Father shall have custody of the Children every year on Father's Day weekend from Friday at 5:30 p.m. through Sunday at 6:30 p.m. Exchanges of custody under this provision shall take place at Ft. Littleton. F. 'ltle holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. During the sumner school break each year, each party shall be entitled to have 3 full weeks of custody with all three Children together. In addition, the Father shall be entitled to have a 1 week period of uninterrupted custody with Andrea and Charlene alone and the Mother shall be entitled to have a 1 week period of uninterrupted custody with Michelle alone. In even numbered years, the Mother shall provide the Father with the dates on which she intends to exercise her periods of custody under this provision no later than March 15 and the Father shall notify the Mother of his schedule no later than March 22. In odd numbered years, the Father shall provide the Mother with the dates on which he intends to exercise his periods of custody under this provision no later than March 15 and the Mother shall notify the Father of her schedule no later than March 22. 'ltle Father shall provide to the Mother the sumner camp schedule for the Children by February 1 each year. The sumner schedule set forth in this provision shall supercede the school year schedule (4 week cycle), which shall be suspended during the sumner. For exchanges of custody under this provision, the party relinquishing custody shall provide transportation to the other party's residence. 7. The non-custodial parent shall have reasonable and liberal telephone contact with the Children. 8. 'ltlis order is entered pursuant to an agreement of the parties at a Custody COnciliation COnference. The parties may modify the provisions of this ~er by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE CXlURT, cc: Diane Rupich, Esquire - Counsel for Father Linda A. Clotfelter, Esquire - Counsel for Mother ~ f\ ' ~O L-~'~ .. J. ;.~" '/... . JEFFREY K. WELSCH, . IN THE CXXJRT OF CXlMMON PLEAS OF . plaintiff/Respondent . CUI'BERLAND CXXlNTY, PENNSYLVANIA . . . vs. : NO. 94-2389 CIVIL TERM . . KAREN R. WELSCH, . CIVIL ACTION - LAW . Defendant/Petitioner . IN CUSTODY . PRI~ JUDGE: J. WeBley Oler, Jr. CUS'lOOY <XH:ILIATION SlM!ARY REPOOT IN ACl:DRDANCE WITH CDlBERLAND CXXN.rll RULE OF CIVIL PRO "'J()RB 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME Dl\TE OF BIRl'H CURRFNrLY IN COS'lOOY OF Michelle L. Welsch Charlene E. Welsch Andrea C. Welsch November 21, 1983 June 16, 1985 October 14, 1988 Father Mother Mother 2. A Conciliation Conference was held on June 28, 2000, with the following individuals in attendance: The Father, Jeffrey K. Welsch, with his counsel, Diane Rupich, Esquire, and the Mother, Karen R. Welsch, with her counsel, Linda A. Clotfelter, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 4. It should be ncted that the parties have serious problems in communicating with each other, which is affecting their ability to maintain (and adjust when necessary) the ongoing custody schedule. The Ccnciliator strongly recOlllllE!nded that the parties obtain counseling to assist them in develop1ng sufficient communication to enable them to effectively coparent their Children. The parties agreed to obtain counseling and preliminarily selected, with the assistance of counsel, Arnold Shienvold, PhD. as their initial contact. ..k~/'^L ,Fj, dOD() Date . Da~ CUstody COnciliator ~~ ~~~ .... \.l i QJ ~~..lj 6 ~ "" ~ ... .... """.s-O !~~I>< '.. 8; J:l Il:S u r--- gj .... 5~~~- o.tJ ~ QJ llA= ,"'~ , t5 ,~ ~ llA-C Id ._ ~ i~ . .... ' '''' ~~gJ~8 ~ ~~ ~I ""lSi :'::E,g E 6ot.... W'l E ~ u I .. = ~ .- ~~~~~ '.. ~~ ;:: .s il !ij III ..... iilmm~ij :':0. . ::E [jJ . I l:t: ;e~ I . ~ ./UL 0 a 200r.J;lJ .. .. JEFFREY K. WELSCH, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : : v. . . : NO: 94-2389 CIVIL TERM KAREN R. WELSCH, Defendant/Petitioner . . : CIVIL ACTION-LAW IN CHILD CUSTODY . . (Judge previously assigned: The Honorable J, Wesley Oler, Jr,) ORDER OF COURT AND NOW, this II..) day of M(\~ ' 2000, upon consideration of the attached Petition, i is hereby directed that the Oilrt-; es and their respective coum,el appear .before ,L:Q."'-K"'\ S' ~'-I, ~" the conciliator, at :.\01 W. \--\0'<"\2>\-1) \.-\~i(,)h..-f" PENNSYLVANIA 17011 on the ;)1'\ day of )Jf'\0 ,J\ 2000, at .3 00 -'L.m., for a Pre-Hearing Custody Conference, At such conference, all effort will be made to resolve the issues in dispute; or of this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order, All Children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: I:"'-})\"\}\m J) ~\I(\MIA ,(.l\t ' Cusfoay Concll1ator~nl..J ~ (\'!).) The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 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 nL ~1)-Gf'!C~ r" 1" ..,... ',' "~"^ny .:.: . - ''.'.'!I'"'' no I!I.'I I G I~:: ~. 11 ~J j '. I ., . j. . (, . , """"', : -- '., . .'\::-Y : -" '"..:'. ,', . . - 5'/IP'~~ &vi ~~~ z all KL// S'/6.a7 ~ /Ud$ ~ .5/~ .tJeJ ~ /114 ~ '<.a.:r,"-.'f"""" JEFFREY K. WELSCH, plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUKBERLANDCOUNTY, PENNSYLVANIA : . . . . v. : : NO: 94-2389 CIVIL TERM KAREN R. WELSCH, Defendant/petitioner . . . . . . CIVIL ACTION-LAW IN CHILD CUSTODY EMERGENCY PETlTION FOR SPECIAL RELIEF AND MODIFICATION OF CHILD CUSTODY ORDER AND NOW, comes Defendant, Karen R, Welsch, by and through her counsel, Law Offices of Craig A. Diehl, and files this Emergency Petition for Special Relief and Modification of Custody Order, respectfully stating in support thereof the following: 1. Petitioner/Defendant is Karen R. Welsh, (hereinafter referred to as the "Petitioner"), an adult individual who resides at 7103 Salem Park circle, Mechanicsburg, Cumberland county, Pennsylvania 17055. 2. Respondent/plaintiff is Jeffrey K, Welsch, (hereinafter referred to as the "Respondent"), an adult individual who resides at 521 57th street, Altoona, Pennsylvania 16602. 3. The parties are the parent of three minor children, namely: Michelle L. Welsch, born November 21, 1983 (age 16); Charlene E. Welsch, born June 16, 1985 (age 14); and Andrea C. Welsch, born October 14, 1988 (age 11). 4. On or about August 27, 1997, an Order regarding child custody was entered by the Honorable J. Wesley Oler, Jr., regarding the subject children, A true and correct copy of said Order is attached hereto as Exhibit "A" and is incorporated herein as if fully set forth verbatim, 5. Said Order of Court awards shared legal custody to the parties with primary physical custody of Michelle to Respondent with partial custody to Petitioner and primary physical custody of Charlene and Andrea to Petitioner with partial custody to Respondent. (A true and correct copy of said Order is attached hereto Exhibit "A" and is incorporated herein as if fully set forth verbatim. ) 6. As per the Order of Court, Petitioner is scheduled to have physical custody of the children on Mernor ial Day, 2000. However Respondent has indicated that he will refuse Petitioner custody for that period and moreover, Respondent has made unreasonable demands regarding alternatives to his refusal of custody. 7. Petitioner seeks special relief on an expedited basis such that the Memorial Day holiday dispute may be resolved prior to said holiday, thereby ensuring continued contact with both parties. 8. Petitioner further alleges that the terms of the Order of Court in this proceeding are not sUfficiently specific with regard to time, place, and responsibilities for custody transfers. 9. Respondent makes unreasonable demands with regard to any modification of the current Order of Court and refuses to participate in the process of modifying said Order in any capacity. 10, Respondent's conduct in refusing custody for Petitioner's holiday and with regard to the custody order in general has been unreasonable. 11. At times, Respondent refuses to communicate in any manner ~~.,:::'~1'" ./ with Petitioner (whether same be by telephone, email, etc.) during Petitioner's attempts to resolve any and all disputes. 12. Respondent has refused repeated offers of imp~rtial third-party mediation. 13. The parties to this transaction are unable to amicably resolve any temporary or permanent modifications to this Order due to their inability to communicate effectively. 14. Defendant alleges herein that circumstances have changes such a modification of the current Order is justified, 15. In the period of time since the most recent Order of court, the children have grown and their various school and extracurricular activities have changed such that a change in the subject Order of Court regarding custody is necessary due to a change in circumstances. 16. It is in the best interest of the children to modify said Order of Court at this time to accommodate the changes in the children's various schedules, the children's desires due to their maturity, and any and all other relevant issues as necessary. 17. Petitioner specifically alleges that the modification of said Order will ensure continued contact with both parties with same being effectuated in a manner that is in the best interest of the children, WHEREFORE, Petitioner, Karen L. Welsch, respectfully requests that this Court modify the current Order of custody thereby changing transfer times, custody periods, and addressing any and all other related issues that are relevant to this proceeding. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL nda A. Cl tfelter, E torney I.D. No. 7296 3 64 Trindle Road amp Hill, PA 17011 (717) 763-7613 JEFFREY K. WELSCH, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUKBBRLANDCOUNTY, PENNSYLVANIA v. I I I I I NOI 94-2389 CIVIL TERM KAREN R. WELSCH, Defendant/petitioner . . I I CIVIL ACTION-LAW IN CHILD CUSTODY VERIFICATION I, the undersigned, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date: '1iJCUJ-tf), JOtJ() (f l!a.lUJ f? '(J..lU66 KJ(REN R. WELSCH j(~J:."t.,~.." ~, . JEFFREY KENT WELSCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 94-2389 CIVIL TERM KAREN RUTH WELSCH, Defendant CIVIL ACTION - LAW CUSTODY /VISIT A TION ORDER AND NOW, this ;)l'!-;U" day of (L..r , 1997, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them, it is hereby ordered and directed as follows: 1. All prior Orders entered in this case are vacated, 2, The parties shall share legal custody of their minor children, Charlene E, Welsch, d,o,b, June 16, 1985, Andrea C, Welsch, d,o,b" October 14, 1988, and Michelle L Welsch, d,o,b, November 21, 1983, 3, Mother shall have primary physical custody of Andrea and Charlene, and Father shall have primary physical custody of Michelle; however, both are subject to a custody schedule in accordance with the following: A, Week One: Mother will have Michelle from Friday until Sunday and Father will have Charlene and Andrea from Friday until Sunday, The parties will agree to exchange the eXHIBIT "^" "j . . children at 5:30 p,m, on Friday at either the Sideling Exit of the Turnpike if the Sideling Exit has access from both East and West, if not at the Ramada Inn off the 8reesewood Exit, They shall return the children at 1 :45 p,m on Sunday, 8, Week Two: Father shall transport Michelle to Mother's residence by 6:00 p,m, on Friday evening, and Mother shall then transport Michelle to the drop off point as indicated above on Sunday at 1 :45 p,m, C. Week Three: Mother shall drop off Charlene and Andrea at 6:00 p,m, on Friday outside of Father's residence, The parties shall then meet so that Father can drop off Charlene and Andrea on Sunday at 1 :45 p,m, at the drop off point as indicated above, D. Week Four: No exchange of visitation, 4, The parties shall alternate custody of the children on the following holidays: Labor Day, Thanksgiving Day, President's Day, Memorial Day, and Fourth of July, This holiday schedule shall include the entire weekend and take precedence over the other schedule, This alternating holiday schedule shall commence with Father having Labor Day in 1997, The parties will agree to exchange the children at 5:00 p,m, on Friday at either the Sideling Exit of the Turnpike if the Sideling ~<t:-'tg ~~t'o. 'I "\ Exit has access from both East and West, if not at the Ramada Inn off the Breesewood Exit. They shall return the children at 5:00 p,m, on the day of the holiday, 5, Mother shall have the children for Mother's Day, and Father shall have the children for Father's Day, This period of partial custody and visitation shall take precedence over any other schedule, 6, The Christmas holiday shall be in two segments, Segment A shall be from December 23rd at 5:00 p,m, until December 26th at 12:00 noon, Segment B shall be from December 26th at 12:00 noon until December 29th at 12:00 noon. Father shall have Segment A in 1997 and all odd-numbered years thereafter and Segment B in 1998 and all even-numbered years thereafter, Mother shall have Segment A in 1998 and all even-numbered years thereafter and Segment B in 1997 and all odd-numbered years thereafter, 7, The parties shall share the summer vacation such that Father shall have three full weeks of custody with the children all together, and Mother shall have three full weeks of custody with the children all together, Father shall also be entitled to one uninterrupted week of vacation with Andrea and Charlene alone, and Mother shall be entitled to one uninterrupted week of vacation with Michelle alone, Mother shall provide Father with the weeks in which she intends to exercise Mr, Jeffrey K, Welsch, pro se Jeffrey C, Goss, Esquire mlb schedule, -, . . her periods of visitation under this schedule no later than April 15th of each year, and Father shall notify Mother of his schedule no later than April 22nd of each year, For the remainder of the summer schedule, there shall be no shifting of the custody between the parties, The transportation for these periods of summer visitation shall be such that the parent ending his or her period of custody with the children shall drop the children off at the other party's residence, 8, Each parent and the children shall have reasonable telephone access with each other while the children are in the custody of the other parent. Reasonable telephone access shall not mean more than fifteen (15) minutes total and shall not mean more than one telephone contact per day, except in an extraordinary circumstances, 9. Father shall provide Mother with his cellular phone number: to be used only in cases of emergency as it relates to this custodial BY THE COURT, IS/~~ ~]v J, W LEY OLER, JR., J, ' TRlI'= COpy FROM RECORD In Tt!t ,.: ,'.." ' ! h:.ra unto set my hald and lhe s,al 0: :;J'd C~urt at Carli!le, Pa, This..~J~. da~ Of.;~.., ~ 19.n, ...,...........,~.,...a...:...........e'-fU-u.."- oDfta- ,Prothonotary [.,,",,'l'~!;,<~"""". ") JEFFREY KENT WELSCH, Plaintiff vs, ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-2389 CIVIL TERM KAREN RUTH WELSCH, Defendant CIVIL ACTION - LAW CUSTODY /VISIT A TION JUDGE PREVIOUSLY ASSIGNED: The Honorable J, Wesley Oler, Jr, CUSTODY CONCILIATION CONFERENCE 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 concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME BIRTHDA TE CURRENTLY IN CUSTODY OF Charlene E, Welsch Andrea C, Welsch Michelle L. Welsch June 16, 1985 October 14, 1988 November 21, 1983 Defendant Defendant PI ai ntiff 2, A Conciliation Conference was held on August 21, 1997, and the following individuals were present: the Plaintiff appeared pro se; the Defendant appeared with her attorney, Jeffrey C, Goss, Esquire, 3, Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order, -, .. , 5. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: August 25, 1997 Michael L. Bangs Custody Conciliator . . JEFFREY K. WELSCH, Plaintiff/Respondent IN THE COURT OF COHMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 94-2389 CIVIL TERM KAREN R. WELSCH, Defendant/Petitioner CIVIL ACTION-LAW IN CHILD CUSTODY CERTIFICATE OP SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of united states First Class Mail, postage prepaid, addressed as follows: Jeffrey K. Welsch 571 57th street Altoona, PA 16602 LAW OFFICES OF CRAIG A. DIEHL Date: ~!5 Jrro By: ~?n MJi-L-; , S eph n eA. 00 e, Legal secretary 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 ~ ,- wt; p" fJ:, (I ' ~~~ l,"I; .J. (..l: ~: IJ. L) U) C co t ::J ...,. (.), , C':" .- l...l~ ""(.0 J',. 'j ~.:,.; ; : I ~:I l.llr.1.. :3 u .~ .- ..: ,rJ I ,- :r'"":' .-. (:.J ...) . . . MAY 0 8 zoaa fIJ .J i ~ ffi l;; ~ ~ - G w- ~ ~ ~ ~ cl: ;;:;!; - ~ a: .. It U :: 3; ,.., ... 1': o E. 13~ii ~ (,) 0... '" u: ~ - co ~ ~ if::! ~ ,., z ... ~ ; i [ 94-2389 CIVIL ACTION LAW JEFFREY K. WELSCH PLAINTIFF V. KAREN R. WELSCH DEFENDANT IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA IN CUSTODY ORDER OF cOt JRT AND NOW, this 4lh day of December. 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator. at 39 West Main Slrecl, Mechanlcsburg, PAt 7055 on the t 9th dav of Deeember, 2000 ,at J1 :00 a.m. for a Pre-Hearing Custody Conference. At such conference. an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow thc issucs to bc beard by the court, and to enter into a temporary order. All children age five or older may also be present at the conlerence. Failure to appear at the conference may . provide grounds for entry of a tcmporary or permanent order. FOR TIlE COURT, By: /5/ DawII S. SIll/day. E~? Custody Conciliat~ The Court of Common PIcas 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 busincss before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATroRNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL liEU'. Cumberland County Bar Association 2 Libel1y A vcnuc Carlisle. Pennsylvania 17013 Telcphone (717) 249-3166 _.~_.._.-. .,.,("-: -. r\'~('-I:.A nV ~.\....9 ~ ,_~: '{ ", .:",i t, \ 1 Ci 1\ : ::--) ....," - I r" ..,. ..,Q GO (l[e -4 \'1'1 ,1' (..... . . , I '''UNT'f 'U'b~HW \'; vI,,; C "1pENNSW/N-llA B-I/'a7 (}c1 ~ /1~ ~ 4' QdfJ Q-I/-C?C7 ~ ~ Z; 4f ~pd J;(''1a:J ~ /UC~t?' ~ 4" l-5A~ ......,"'.....)00.,.,.,,,. . . . , JEFFREY K, WELSCH, PlalntifflRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 94-2389 CIVIL TERM KAREN R. WELSCH, Defendant/Petitioner : CIVIL ACTION - LAW : IN CHILD CUSTODY NOTICE AND ORDER TO APPEAR To: Jeffrey K. Welsch Legal proceedings have been brought against you alleging you have willfully disobeyed an Order of Court for Custody. If you wish to defend against a claim set forth in the following pages, you may but are not required to file in writing with the Court your defcnses or objections. Whether or not you file in writing with the Court your defenses or objections, you must appear in person in Court on , at .m., in Court Room , Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. I fthe Court finds that you have willfully failed to comply with its Ordcr for Custody, you may be found to be in contcmpt of Court and committed to jail, fined, or both. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BY THE COURT: Dated: J. Wesley Oler, Jr., J. JEFFREY K. WELSCH, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 94-2389 CIVIL TERM KAREN R. WELSCH, DefendantlPetitioner : CIVIL ACTION - LAW : IN CHILD CUSTODY ,'. PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW comes Petitioner, Karen R. Welsch, Defendant in the above-captio~d ~lter, by and through her counsel, Law Offices of Craig A. Diehl, and files this Petition for Civil Contempt for Disobedience of Custody Order, respectfully stating in support thereof the following: I. PetitionerlDefendant is Karen R. Welsch, (hereinafter referred to as the "Petitioner"), an adult individual who resides at 7103 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. RespondentIPlaintilfis Jeffrey K. Welsch, (hereinafter referred to as the "Respondent"), and adult individual who resides at 521 57th Street, Altoona, Pennsylvania 16602. 3. The parties are the parcnts of three minor children. namely: Michelle L. Welsch, born November 21, 1983 (age 17); Charlene E. Welsch, born June 16. 1985 (age 15); and Andrea C. Welsch, born October 14,1988 (age 12). 4. On or about July 6, 2000, an Order regarding child custody was entered by the Honorable J. Wesley Oler, Jr., regarding thc subjcct children. A true and correct copy of said Ordcr is attached hereto as Exhibit "A" and is incorporated herein as iffully set forth verbatim. 5. As per Exhibit "A" attached hereto, said Ordcr of Court awards shared lcgal custody to fhe parties with primary physical custody of Michelle to Respondent with partial custody to Petitioner and primary physical custody of Charlenc and Andrcu to Petitioncr with partial custody to Respondent. 6. Said Ordcr of Court is vcry specific as to thc various dcsignated weeks of custody, the specific exchangcs and the manncr oftranslcrs duc to the distancc betwecn the rcsidences of the parties. 7. Respondent has continually and repeatedly. by willful conduct, shown a wanton disregard for the Court Order, and has failed to abidc by the Order in numerous ways including but not limited to the following: A. Most recently, Respondent has prevented Petitioner's period of custody with Michelle which was scheduled for the weekend ofNovembcr fourth (4"') and fifth (5"'). This was done unilaterally by Respondent without Petitioner's consent and with no alternative suggestions for a substituted custody period. In fact. Respondent has significantly limited thc number and frequencyofPetitioner'scustody periods with her daughter, Michelle. to Petitioner's continue frustration. Respondent's failure to comply with the Order of Court regarding Petitioner's periods of custody with Michelle detrimentally affects the tmnsportation terms of the Order as Respondent refuses at times to drive to the agreed-upon point oftransfer (approximately one-half way) and then Petitioner is forced to drive the entire distance with the other two children. Moreover. Respondent usually refuses to give Petitioner adequate consideration when she is required to put forth more than she is required by Order. B. On Friday, October 5,2000. Petitioner was 10 have custody of allthrce children. Respondent, with a wanton disregard for the authority ofthe Court. failed to produce Michelle for Petitioner's custody period on that date. In addition. pursuant to the notation in the conciliation report, the parties werc scheduled for a counseling session on that date. Respondent unilaterally, without notice to Petitioner, canceled the counseling appointment and infonned the counselor that Respondent would not be returning to this area until December, 2000, despite the Order of Court indicating that Petitioner would have custody of Michelle during November. C. On Friday. Sept 8. 2000, Petitioner was 10 have a period of custody with Michelle as per the Order. with the exchange taking place when the parties met for counseling. However. withoul notice to Pctitioner, Respondent failed to produce Michelle for the custody transfer when he appeared for the counseling session. Respondent offered no legitimafe explanations and no alternativc arrangemcnts for another period of custody in lieu of the missed period. .,,,,.,,,,-~..... D. During thc Labor Day holiday Petitioner was to havc custody of all thrcc children, yct contrary to thc Ordcr and Petitioner's exprcssed dcsircs, thc custody transfcr of Michcllc did not takc placc. Thcrc was no noticc of Rcspondent's intcnt and/or rcqucst to changc the transfer and no tclcphonc calls, c-mails or othcr attcmpts of contact to Petitioncr by Rcspondent or the child rcgarding samc. Respondent willfully and intcntionally disregard cd thc Court Ordcr regarding this custody transfcr. E. On or about August 18. 2000, Respondcnt infonned Pctitioner that hc would not be complying with the prcsent Custody Order in that he indicatcd that hc would not be transporting the girls to Petitioner's residence and demanded that Petitioner mect Rcspondcnt at thc one-halfway meeting point for custody transfcr, dcspitc thc Order rcquiring Rcspondent to drive thc children to Petitioner's house in Cumberland County, Pennsylvania. Despitc Pctitioner's requcst through counsel and othcrwise that Respondcnt comply with thc tcrms of the Order, the custody transfer did not occur as seheduled because Rcspondent drovc to thc one-half way point and then returned home. Thereafter, Petitioner was forccd to drivc the cntirc distancc to Altoona on the day following thc intended datc of transfer because Rcspondent refuscd to drivc the children pursuant to the terms of the Order. 8. Respondcnt's vcxatious conduct in total disregard for the Court's authority has taken placc continuously and repeatcdly throughout thc tenn ofthc subjcct Ordcr of Court to such an extent that a complctc sununary of same would be impossible to compile. This conduct has becn taking place for six (6) ycars, with Respondent's conduct being cgregious as pcr this Pctition. 9. Respondent's conduct has detrimentally alfected all ofthc childrcn cmotionally and dcvclopmentally as they arc learning from Respondcnt that a total disrcgard of thc authority ofan Order of Court is acccptablc behavior, despitc Petitioner's atlcmpts to tcach the childrcn certain values and respect. 10. Pctitioner has madc repeatcd, substantial cfforts to diseuss thc terms ofthc Order of Court, possiblc adjustments to thc custody schedulc upon agreement whcn requested by the parties' children, possiblc counseling and mediation of outstanding issues, and all other aspects ofthc custody proceeding with Respondent, only to have her cfforts rcfused and ignorcd by Respondent. '"""""""....". II. Rcspondent has frustrntcd Pctitioner's cfforts to rcsolvc any and all issues in this proceeding amicably by disrcgarding tclcphone mcssages, c-mail and othcr corrcspondcncc on a rcgular basis. 12. Respondent's continucd cgrcgious conduct has left Pctitioncr no altcrnativc but to file this Pctition for Contempt. 13. Pctitioner has been forced to incur reasonable attorncy's fees of$400.00 in preparing and presenting this Petition for Contempt. 14. Duc to Respondcnt's willful conduct in completc disregard for this authority of this Court, Pctitioncr now requests that this Court find Respondent in direct contcmpt ofits Order dated July 6, 2000, ordcr Respondcnt's compliance with said Order of Court, sanction Respondent as pennitted by law, award Petitioner reasonable attorney's fecs of$400.00, and grant such other relief as this Court dccms just and proper. WHEREFORE, Pp-titioner, Karcn R. Wclsch, respectfully rcqucsts that this Honorable Court grant Petitioner's Petition for Contempt, find Rcspondent in direct contcmpt of its Order dated July 6,2000, order Respondcnt's compliance with said Order of Court, sanction Rcspondent as pennitted by law, award Petitioner reasonable attorney's fecs of $400.00, and grant such other relief as this Court deems just and proper. LAW OFFICES OF CRAIG A. DIEHL \ inda A. Clot elter, Esquirc ttorney 1.0. No. 72963 464 Trindlc Road Camp Hill, PA 17011 (717) 763-7613 _.._'M,~V" '.' JEFFREY K. WELSCH, PlalntlrrtRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 94-2389 CIVIL TERM KAREN R. WELSCH, DerendantlPetitloner : CIVIL ACTION - LAW : IN CHILD CUSTODY VERIFICATION I. KAREN R. WELSCH, verify that the statements made in the foregoing PETITION FOR CONTEMPT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. DATED:17o-/..'.;} I, clao 0 (.iaLUl ,2 YL~~ Cv.cA...; KA EN R. WELSCH JEFFREY K. WELSCH, . IN THE CXXJRT OF CXX>IMOO PLEAS OF . Plaintiff/R~spondent . CUMBERLAND caJNTY, PENNSYLVANIA . . . vs. . NO. 94-2389 CIVIL TERM . . . KAREN R. WELSCH, . CIVIL ACTION - LAW . Defendant/Petitioner . IN CUSTODY . atDBR OF CXXlR'.l' AND rDf, this I/~ upon consideratiooo of the attached ordered and directed as follows: Co~wation day of Custody , 2000, Report, it is I. 7he prior Order of this Court dated August 27, 1997 is vacated and replaced with this Order. 2. 7he Father, Jeffrey K. Welsch, and the Mother, Karen R. Welsch, shall have shared legal custody of Michelle L. Welsch, born November 21, 1983, Charlene E. Welsch, born June 16, 1985 and Andrea C. Welsch, born October 14, 1988. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. 3. 7he Mother shall continue to have primary physical custody of Andrea and Olarlene, and the Father shall continue to have primary physical custody of Michelle. 4. During the school year, the parties shall have partial physical custody of the Children in accordance with the following four-week cycle: A. WEEK I: 'ltIe Mother shall have custody of Michelle from Friday at 5:30 p.m. through Sunday at 3:00 p.m. and the Father shall have custody of Charlene and Andrea from Friday at 5:30 p.m. through Sunday at 3:00 p.m. Exchanges of custody under this provision shall take place at Exit 13 (Ft. Littleton) of the PA Turnpike. B. WEEK II: The Mother shall have custody of all three Olildren from Friday at 6:30 p.m. through Sunday at 3:00 p.m. For purposes of this provision, the Father shall transport Michelle to the Mother I s residence on Friday and the Mother shall transport Michelle to Exit 13 (Ft. Littleton) of the PA Turnpike on SUnday. FXIIIBIT "A" . . C. WEEK III: 'l11e Father shall have custody of all three Children fran Friday at 6:30 p.m. through Sunday at 3:00 p.m. For purposes of this provision, the Mother shall transport Charlene and Andrea to the Father's residence on Friday and the Father shall transport Charlene and Andrea to Exit 13 (Ft. Littleton) of the PA Turnpike on Sunday. D. WEEK IV: No exchange of custody. E. 'l11e parties shall strictly abide by the custody exchange times set forth in this Order and acknowledge the necessity of a timely exchange particularly on sundays at 3:00 p.m., due to the Father's work schedule. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. CBRIS'.I!IAS: The Chrisbnas holiday shall be divided into segment A, which shall run fran December 23 at 5:00 p.m. through December 26 at 12:00 noon, and Segment B, which shall run fran December 26 at 12:oo noon through DecenDer 29 at 12:00 noon. The Father shall have custody of the Children during Segment A in odd nurrbered years and during Segment B in even nurrbered years. The Mother shall have custody of the Children during segment A in even nurrbered years and during Segment B in odd numbered years. The party relinquishing custody of the Qlildren under this provision shall be responsible to provide transportation to the other party's residence, with the exception of the exchange on December 29, which shall occur at Exit 13 (Ft. Littleton) of the PA Turnpike. B. TBANKSGIVING: 'l11e Father shall have custody of the Children over Thanksgiving in even nurrbered years and the Mother shall have custody of the Children over 'l11anksgi ving in odd numbered years. In even numbered years, the Mother shall transport Charlene and Andrea to the Father's residence on the Wednesday before Thanksgiving at 6:30 p.m. and the return exchange of custody shall take place at Exit 13 (Ft. Littleton) of the PA Turnpike on the Monday after Thanksgiving at 3:00 p.m. In odd nurrbered years, the Father shall transport Michelle to the Mother's residence on the Wednesday before Thanksgiving at 4:30 p.m. and the return exchange of custody shall take place at Exit 13 (Ft. Littleton) of the PA Turnpike on the Monday after Thanksgiving at 3:00 p.m. C. EASTER: The Easter holiday shall run fran Good Friday at 9:00 a.m. through Easter Sunday at 5:30 p.m. 'l11e Father shall have custody of the Children over Easter in even numbered years and the Mother shall have custody over the Easter holiday in odd numbered years. CUstody exchanges for the Easter holiday . . shall take place at Ft. Littleton. D. MPXlUAL DAY/JULY 4t:h/LABC1t DAY: The parties shall alternate having custody of the Children on Memorial Day, July 4th and Labor Day. The Memorial Day and Labor Day holidays shall run fran Friday at 5:30 p.m. through Monday at 5:30 p.m. and the July 4th holiday shall fall within the extended weeks of custody under the sunmer schedule. In even numbered years, the Mother shall have custody of the Children on Memorial Day and Labor Day and the Father shall have custody on July 4th. In odd numbered years, the Father shall have custody of the Children on Memorial Day and Labor Day and the Mother shall have custody on July 4th. Exchanges of custody under this provision shall take place at Ft. Littleton. E. 1uJ,=<K'S DAY/FM'BER'S DAY: The Mother shall have custody of the Children every year on Mother's Day weekend fran Friday at 5:30 p.m. through sunday at 6:30 p.m. and the Father shall have custody of the Children every year on Father's Day weekend fran Friday at 5:30 p.m. through sunday at 6:30 p.m. Exchanges of custody under this provisicn shall take place at Ft. Littleton. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. During the surrmer school break each year, each party shall be entitled to have 3 full weeks of custody with all three Children together. In addition, the Father shall be entitled to have a I week period of uninterrupted custody with Andrea and Charlene alone and the Mother shall be entitled to have a I week period of uninterrupted custody with Michelle alone. In even nUllbered years, the Mother shall provide the Father with the dates on which she intends to exercise her periods of custody under this provisicn no later than March 15 and the Father shall notify the Mother of his schedule no later than March 22. In odd numbered years, the Father shall provide the Mother with the dates on which he intends to exercise his periods of custody under this provision no later than March 15 and the Mother shall notify the Father of her schedule no later than March 22. The Father shall provide to the Mother the sunmer camp schedule for the Children by February 1 each year. The sunmer schedule set forth in this provision shall supercede the school year schedule (4 week cycle), which shall be suspended during the sunmer. For exchanges of custody under this provision, the party relinquishing custody shall provide transportation to the other party's residence. 7. 111e non-custodial parent shall have reasonable and liberal telephone contact with the Children. 8. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of . . this order by lIlltual consent. In the absence of mutual consent, the terms of this order shall control. BY THE COURT, IS J. J. cc: Diane Rupich, Esquire - COunsel for Father Linda A. Clotfelter, Esquire - COunsel for Mother T~I Ie ,,'r,')"( r-:",..J r-r:C0RD L....... ......., .' .--.Yl .\.. '. . In T"!.Fmc~J '..h .:' ,.f. I i', ;,- I)"'I? !...t my hand and lh~ sea: c; .'ilid Court st Carlisle, Pa. ~~~~ . . ". JEFFREY K. WELSCH, . IN THE CXlURT OF OOMMON PLEAS OF . Plaintiff/Respondent . CtwBERLAND CCXJNTY, PENNSYLVANIA . . . vs. . NO. 94-2389 CIVIL TERM . . . KAREN R. WELSCH , . CIVIL ACTIOO - LAW . Defendant/Petitioner . IN CUSTODY . PRIm JUDGE: J. Wesley Oler, Jr. CDS'lmY cx:NCILIAn~ &HIARY REPCm.' IN ACXXlRIlllNCE WITH cnmERLAND cxxmx RULE OF CIVIL PRO""" (JRB 1915.3-8, the undersigned CUstody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIm.'B CIJRRENTLY IN CIlSTCDY OF Michelle L. welsch Charlene E. Welsch Andrea C. Welsch November 2l, 1983 June 16, 1985 October 14, 1988 Father Mother Mother 2. A Conciliation Conference was held en June 28, 2000, with the following individuals in attendance: '!he Father, Jeffrey K. Welsch, with his counsel, Diane Rupich, Esquire, and the Mother, Karen R. Welsch, with her counsel, Linda A. Clotfelter, Esquire. 3. The parties agreed to entty of an Order in the form as attached. 4. It should be ncted that the parties have serious problems in cOllll1Uflicating with each other, which is affecting their ability to maintain (and adjust when necessary) the ongoing custody schedule. itle Ccnciliator strongly reccxrmended that the parties obtain counseling to assist them in deve10pfng sufficient CClIIIlIUllication to enable them to effectively coparent their Children. The parties agreed to obtain counseling and preliminarily selected, with the assistance of counsel, Arnold Shienvold, PhD. as their initial contact. .l.J./t\ ~ ;; 7. dJo l') cJ Date . Da~ CUstody Conciliator . . JEFFREY K. WELSCH, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLANI) COUNTY, PENNSYLVANIA v. : NO, 94-2389 CIVIL TERM KAREN R. WELSCH, DefendantlPetltioner : CIVIL ACTION - LAW : IN CHILD CUSTODY CERTIFICATE OF SERVICE AND NOW, this ..30'#- day of 17 f IIi:? '')1h" r .2000, the undersigned hereby certifies that a true and corrcct copy of the foregoing PETITION FOR CONTEMPT was served upon the opposing party by hand delivery at the following address: Diane M. Rupich, Esquire OILS & RUPICH 1017 North Front Street H~sburg, PA 17102 LAW OFFICES OF CRAIG A. DIEHL By, ~~",'4fhnru .....Stephanie A. Moofc. L gal Secretary 3464 Trindle Road Camp Hill, PA 17011 (717)763-7613 ~ .J Iii ~ ffi ~ ~ m - ffi ul - C ~ ~ ~ .t If f;' CI 0-1 4i' ;;: ~ t:. a: .. It (,) :: III ... 1': o - III t:. ~ ~ ~ '" ~ Ii: 2-- ... ~ if Ie o ~::I ~ ~ ; i [ . I , ~, " , ) . '. - , > . . c) itn!,1 :l () zooafr ... :e' AND ICM, this ~6 It upon consideration of the attached ordered and directed as follows: day of Custody 2001 JfttU 2J ~ ' '2000, COnc 1 at ion Report, it is . JEFFREY K. WELSCH, . IN THE a:xmT OF CXJtoIlolCX>l PLEAS OF . Plaintiff . CUMBERLAND COONTY, PENNSYLVANIA . : vs. . NO. 94-2389 CIVIL TERM . . . KAREN R. WELSCH, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . aIDER OF CXXJRT 1. The prior Order of this Court dated July 6, 2000 is vacated and replaced with this Order. 2. '!he Father, Jeffrey K. Welsch and the Mother, Karen R. Welsch, shall have shared legal custody of Michelle L. Welsch, born November 21, 1983, Charlene E. Welsch, born June 16, 1985, and Andrea C. Welsch, born October 14, 1988. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. 3. The Mother shall have primary physical custody of Andrea and Charlene. 4. During the school year, the Father shall have partial physical custody of Andrea and Charlene on alternating weekends from Friday at 4:30 p.m. through SUnday at l:30 p.m. beginning January 19, 2ool. The parties shall make adjustments as necessary to the partial custody schedule in order to accOlllllCXlate the Children's regular activities schedule. In the event only one Child is unavailable for a period of custody due to an activity, the other Child shall be made available for that period of custody, unless otherwise agreed between the parties. 5. '!he alternating weekend custody schedule shall be suspended during the slll111ler school break. During the slll111ler school break each year the Father shall be entitled to have 3 full weeks of custody with the Children upon notifying the Mother of his selection of dates no later than March 22. '!he Mother shall be entitled to reserve a period of custody for vacation each slll11l1er upon providing notice to the Father prior to his selection of vacation dates. '!he p3rty providing notice first shall be entitled to preference on his or her selection of dates. The parties acknowledge that the Mother has reserved a period of custody from July 26, 2001 through August 5, 2001. -....-..... r:u.I)-{,iFICE CF ri .,. ;',. ('-. .,... '(\T,.ny I .' ".. I'., 01 JI'N 22 Fll :1: 23 CUM:JI.:01li\)\U COUI\'TY PENNS',lIfAN!A ~ ~ 6. 'l11e parties shall share or alternate having custody of Andrea and Charlene on holidays as follows: A. CIIRISDW;: 'l11e O1ristmas holiday shall be divided into Segment A, which shall run from DeceJrber 23 at 4:30 p.m. through December 26 at 12:00 noon, and Segment B, which shall run from December 26 at 12:00 noon through DeceJrber 29 at 12:00 noon. The Father shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Children during Segment A in even numbered years and during Segroont B in odd numbered years. B. '.l'IIANItSGIVI: 'l11e 'l11anksgiving holiday shall run from Thanksgiving Day' at 10:00 a.m. through the following Monday at 1:30 p.m. The Father shall have custody of the Children over Thanksgiving in even numbered years and the Mother shall have custody of the Children over Thanksgiving in odd numbered years. C. EllS'l'ER: 'l11e Easter holiday shall run from the 'l11ursday before Easter at 4:30 p.m. through Easter Sunday at 5:30 p.m. The Father shall have custody of the Children over Easter in even numbered years and the Mother shall have custody over the Easter holiday in odd numbered years. D. ME'X:RIAL DAY/JULY 4th/LAIlCR DAY: The parties shall alternate having custody of the Children on Memorial Day, July 4th and Labor Day. The Memorial Day and Labor Day holidays shall run from Friday at 4:30 p.m. through Monday at 4:30 p.m. and the July 4th holiday shall fall within the extended weeks of custody under the sumner schedule. In even numbered years, the Mother shall have custody of the Children on Memorial Day and Labor Day and the Father shall have custody on July 4th. In odd numbered years, the Father shall have custody of the Children on Memorial Day and Labor Day and the Mother shall have custody on July 4th. E. l'U!lIm('S DAY/FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day weekend from Friday at 4:30 p.m. through Sunday at 4:30 p.m. and the Father shall have custody of the Children every year on Father's Day weekend from Friday at 4:30 p.m. through Sunday at 4:30 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. The parties acknowledge that their 17 year old daughter, Michelle, is currently living independently outside either of their households. Each party shall be entitled to have periods of partial custody with Michelle as arranged by agreement between Michelle and each parent. 8. Both parties shall encourage ongoing contact between Michelle, Charlene and Andrea. 9. Unless otherwise agreed between the parties, the party receiving custody of the Child or Children, shall be responsible to provide transportation for the exchange of custody. The parties shall cooperate in adjusting exchange times as necessary to accommodate the Children's activities. All exchanges, unless agreed otherwise, shall take place at the respective parties' residences. 10. The IlOn-custodial parent shall have reasonable and liberal telephone contact with the Children. 11. The parties shall participate in a course of mediation with Bonnie Howard or other mediator selected by agreement of the parties. The purpose of the mediation shall be to improve communications between the parties and to address conflicts which have arisen with respect to parenting of the Children. The parties shall attend a minimum of 6 mediation sessions and shall contact the mediator within 2 weeks of the date of this Order to schedule the first session. The parties shall follow the recommendations of the mediator with regard to the duration and frequency of sessions. 12. This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE CDURT, J.! J cc: Diane M. Rupich, Esquire - Counsel for Father Linda A. Clotfelter, Esquire - Counsel for Mother ~ ('\, t?o\~* .' JEFFREY K. WELSCH, Plaintiff : IN THE CXlURT OF ~ PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 94-2389 CIVIL TERM . . KAREN R. WELSCH, Defendant : CIVIL ACTION - LAW : IN cusrooy PRIOO JUDGE: J. Wesley Oler, Jr. CUSTODY CXtiCILIATION SlNIARY REPCRl' IN ACXXIIDl\NCE WITH comERLAND CXXmY RULE OF CIVIL m:.... (JRE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. Tbe pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENl'Ly IN aJSTCVY OF Michelle L. welsch November 21, 1983 Charlene E. Welsch Andrea C. Welsch June 16, 1985 October 14, 1988 Currently living independently Mother Mother 2. A Conciliation Conference was held on January 10, 2001, with the following individuals in attendance: The Father, Jeffrey K. Welsch, with his counsel, Diane M. Rupich, Esquire, and the Mother, Karen R. Welsch, with her counsel, Linda Clotfelter, Esquire. The parties' 17 year old daughter, Michelle L. Welsch, also participated in a portion of the Conference. 3. Tbe parties agreed to entry of an Order in the form as attached. . ) (~->-'-'A 11 <_(j Date / ,,J. ,:;J;Jr> / "C~t ~iL, '_' .>frA(] Dawn S. Sunday, Esquire Custody Conciliator ~H~ ~~~ ~ Dl~ j ..... .... ... ~ ~~ III 1;'.a - 0 ..... ~ ~i ,Q u .... ~~5~~ ..... 6~,:l~- .... c .m'" .1Il~ ,..... .fl .m-c ::c III . ~! . ~ '(; eO ~~m~8 &l~ ~ '8 ~<<Bi :.~] ~ ~ - ...... In ::: E '" u III = ~.- !i~g~ ~ I ;.:: .s ~ a . ~mVl~~ :.: . ~ I c:: :~g i . . ~ , . JEFFREY K. WELSCH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 94-2389 CIVIL ACTION LAW KAREN R. WELSCH DEFENDANT IN CUSTODY ORDER OF COtJRT AND NOW, Thursday, Augusl 01, 2002 . upon consideration of the attached Complaint, it is hcreby directed that parties and thcir respective counsel appcar before Dawn S. Sunday, Esq. , the conciliator, at 39 Wesl Main Slreel. Meehanluburg. PA 17055 on Thursday, August 22, 2002 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pemlanentorder. The court hereby directs the parties 10 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 TilE COURT. By: /,/ Dawn S. Snnd4J'. Esq.'n/ Custody Conciliator U The Court of Common Pleas ofCumbcrland County is requircd 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 arrangem~nts must be made at least 72 hours prior to any hearing or business belore tbe court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR AnORNEY AT ONCE. IF YOU DO NOT HA VE AN A nORNEY OR CANNOT AFFORD ONE. GO TO OR TELEplIONE THE OFFICE SET fORTH BELOW TO FIND OUT WIIERE YOU CAN GET I.EGAI. HELP. Cumberland County Ilar Association 2 Liberty Avenue Carlisle. Pennsylvania 17013 Telephone (717)249-3166 .,"".,......1," . "",- . : ' .' ,if -" - "~":' ; ,,(. , "fT'r..\( . r ~ 1 02 MJr. - I '.. ') 'i, ..: S5 CUMpd::ti:.J' ,J l/'UNn' ENNSYlVflNIA <t./ol),;) &",. 1"'1'1 /H~ $ JlI/ cy 1# "ffII).) ~ M~..d/ t. tl~ ~/",~ .. s IUL 1 5 200~ r Dear Cumberland County Court Administrator, I feel it necessary to give a brief explanation of a special need I have concerning the enclosed request for a Conciliator's hearing. The request comes so that my daughter, Andrea, will be able to reside with my wife and I in Bedford. However, we certainly hope this can be accomplished before the school year begins. Therefore, with Andrea's mother and myself being away for the next few weeks, we cannot honor a court date before August ~1. If at all possible, a court date set for sometime that week would be ideal, and the earlier the better. I recognize this only gives us a 2-week window of opportunity to schedule in the midst of what I imagine is a full schedule, but it is crucidl that this custody issue be determined before the school year begins. Any help you can offer in this matter will be greatly appreciated. I do thank you in advance for your kind consideration. Sincerely, 0\1 ~. $j/PL JeffJ:) K. Welsch ;L dd lui jL~"- a~ ~f In\ fu.J. ~'- I b\~ '," IUL 1 5 2002 r Jeffrey K. Welsch, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. q''f- ~ 3'8'7 CIVIL TERM v. Karen R. Welsch, Defendant CUSTODY PETITION TO MODIFY VISITATION AND CUSTODY 1. The Plaintiff is Jeffrev K. Welsch, residing at 149 Arandale St.. Bedford. PA 15522. 2. The Defendant is Karen R. Welsch, residing at 7103 Salem Park Circle. Mechanicsburq. PA 17055. 3. Plaintiff seeks modification of visitation of the following children: NAME Charlene E. Welsch Andrea C. Welsch PRESENT ADDRESS 7103 Salem Park Circle, Mechanicsburg, PA 7103 Salem Park Circle, Mechanicsburg, PA Mili 17 12 The children were not born out of wedlock, and they are presently in the custody of Karen R. Welsch, who resides at 7103 Salem Park Circle. Mechanicsburq. PA 17055. Charlene and Andrea were not born out of wedlock, and are presently in the custody of Karen R. Welsch, who resides at 7103 Salem Park Circle. Mechanicsburq, PA 17055. Prior to January, 1994, all three children lived with Jeff and Karen Welsch (Plaintiff and Defendant) at 5513 Silvercreek Dr., Mechanicsburg. The mother of the children is Karen R. Welsch, currently residing at 7103 Salem Park Circle. Mechanicsburq. Pa.. 17055. The mother is divorced. The father of the children is Jeffrev K. Welsch, currently residing at 149 Arandale St.. Bedford, PA 15522. The father is divorced and re-married. 4. The relationship of the Plaintiff to the children is father. The Plaintiff currently resides with: NAME Janic~ Welsch RELATIONSHIP Wife 5. The relationship of the Defendant to the children is mother. The Defendant currently resides with: NAME Charlene-E. Welsch Andrea C. Welsch RELATIONSHIP Daughter Daughter 1 " .p- -'-,. , 6. Plaintiff has participated as a party in other concerning the custody of his minor children in this court Common Pleas of Cumberland Countv. PA.. docket H94-2389. 7. Charlene and Andrea have a wonderful time when they visit in Bedford as they participate in numerous church functions, seeing friends, spending time with their grandparents, aunt, and cousins, and benefitting from a stable home life with Plaintiff, his wife, Jan, and older sister, Michelle. The best interest and permanent welfare of the children will be served by granting relief in the following matters requiring modification of visitation: litigation - Court of A) plaintiff requests that Andrea C Welsch be designated to be under the care and nurture of Jeff (Plaintiff) and Jan Welsch. Andrea desires to permanently reside in Bedford with her father and step-mother. This is not a sudden decision, as she has pondered it for the entire year that the Plaintiff and Jan have lived in Bedford. She has made the formal decision to move before the new school year, and her decision is supported by our court-appointed counselor, Dr. Howard. Andrea has a very loving and beneficial relationship with her step-mother, Jan; and has a wonderful relationship with her father (Plaintiff), and is assured that there will not be times in which father would treat her cruelly or with selfish motives - she has complete confidence that father will always love her and do what is best for her, both physically and emotionally. Andrea is happy, healthy, and extremely excited about living in Bedford. Completely absent at Plaintiff's home in Bedford are the negative elements Andrea desires to leave while residing with the Defendant. It is fitting and proper that the court recognize and re-designate Andrea's change of residence. 8. Parental rights to the children have not been terminated for either parent and the person who has physical custody of the child have been named as parties to these actions. The only persons claiming parental rights are the Plaintiff (father), his wife, Jan (step-mother), and Defendant (mother). No other person claims parental rights to the two children. WHEREFORE, Plaintiff requests this court to grant this modification of residence and custody of Andrea. Respectfully Suhmitt~d. 7l? /o:J. 'j / Date Plaintiff 2 - . .,".;;. , ; ~ '-' ..' l --~.-... :- .' ',\ . .' .1 , ," r"r\ '"\ 'rJ~:" .1\ l'."I..J I ",'- :'f . . ""~'IR ... ~. .' <. ^ ' . \" ),; , O ,.' ' ,. .. . Q2 JUt 2:i [Iii \0: f\ Q ,.. .' .'lj'lnI CUlli,..../'" .j";' r.ll \":;,..i...'.- .,- , rENi6'i1'/!t\'H\ -/li, ~ P.1I '.j~ L /J.1('1? . . " " '-.,1,- --. ~'-' . ~ ;'~' '.'. -'''- ,...~, .., ...-.-. '---'.1'--. " ~1l:d.:'-6- do", JUL 1 5 2002 r '\' Jeffrey K. Welsch, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CN- ~ 3'i1'1 CIVIL TSRM v. Karen R. Welsch, Defendant CUSTODY PETITION TO MODIFY VISITATION AND CUSTODY '.. 1. The Plaintiff is Jeffrey K. Welsch, residing at 149 Ara~dal~ St .'. Bedford. PA 15522. 2. Circle. ..) -. "_ The Defendant is Karen R. Welsch, residing at 7103 Salem Park Mechanicsburq, PA 17055. 3. Plaintiff seeks modification of visitation of the following children: NAME Charlene E. Welsch Andrea C. Welsch PRESENT ADDRESS 7103 Salem Park Circle, Mechanicsburg, PA 7103 Salem Park Circle, Mechanicsburg, PA AGE 17 12 The children were not born out of wedlock, and they are presently in the custody of Karen R. Welsch, who resides at 7103 Salem Park Circle, Mechanicsburq, PA 17055. Charlene and Andrea were not born out of wedlock, and are presently in the custody of Karen R. Welsch, who resides at 7103 Salem Park Circle. Mechanicsburq. PA 17055. Prior to January, 1994, all three children liyed with Jeff and Karen Welsch (Plaintiff and Defendant) at 5513 Silyercreek Dr., Mechanicsburg. The mother of the children is Karen R. Welsch, currently residing at 7103 Salem Park Circle. Mechanicsburq. Pa. , 17055. The mother is divorced. The father of the children is Jeffrey K. Welsch, currently residing at 149 Arandale St. , Bedford. PA 15522. The father is divorced and re-married. 4. The relationship of the Plaintiff to the children is father. The Plaintiff currently resides with: NAME Janic~ Welsch RELATIONSHIP Wife 5. The relationship of the Defendant to the children is mother. The Defendant currently resides with: NAME Charlene E. Welsch Andrea C. Welsch RELATIONSHIP Daughter Daughter 1 , . " . . 6. Plaintiff has participated as a party in other litigation concerning the custody of his minor children in this court - Court of Common Pleas of Cumberland County. PA.. docket 1194-2389. 7. Charlene and Andrea have a wonderful time when they visit in Bedford as they participate in numerous church functions, seeing friends, spending time with their grandparents, aunt, and cousins, and benefitting from a stable home life with Plaintiff, his wife, Jan, and older sister, Michelle. The best interest and permanent welfare of the children will be served by granting relief in the following matters requiring modification of visitation: A) plaintiff requests that Andrea C Welsch be designated to be under the care and nurture of Jeff (Plaintiff) and Jan Welsch. Andrea desires to permanently reside in Bedford with her father and step-mother. This is not a sudden decision, as she has pondered it for the entire year that the Plaintiff and Jan have lived in Bedford. She has made the formal decision to move before the new school year, and her decision is supported by our court-appointed counselor, Dr. Howard. Andrea has a very loving and beneficial relationship with her step-mother, Jan; and has a wonderful relationship with her father (Plaintiff), and is assured that there will not be times in which father would treat her cruelly or with selfish motives - she has complete confidence that father will always love her and do what is best for her, both physically and emotionally. Andrea is happy, healthy, and extremely excited about living in Bedford. Completely absent at Plaintiff's home in Bedford are the negative elements Andrea desires to leave while residing with the Defendant. It is fitting and proper that the court recognize and re-designate Andrea's change of residence. 8. Parental rights to the children have not been terminated for either parent and the person who has physical custody of the child have been named as parties to these actions. The only persons claiming parental rights are the Plaintiff (father), his wife, Jan (step-mother), and Defendant (mother). No other person claims parental rights to the two children. WHEREFORE, Plaintiff requests this court to grant this modification of residence and custody of Andrea. Respectfully Submitt~d, 7 !;d. /0:::1 . / I Date ~. J ~ I?4'M () . 0' Plaintiff 2 KAREN R. WELSCH, Defcndant IN CUSTODY vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-2389 CIVIL ACTION LAW JEFFREY K. WELSCH, Plaintiff ORDER OF COURT AND NOW, this \ L~ day of ~,.- r.. '- ~ r ,2002, upon considcration ofthc attached Custody Conciliation Report, it is ordcr~~cted as follows: A Hearing is scheduled in Court Room 111, ofthc Cumbcrland County Court House, on thc .:JJ b[ day of )1,t~, "nil"....... , 2002, at Z; 3t' 0 'clock, ~.m., at which timc testimony will be taken. For purposes of this Hearing, thc Father, Jeffrey K. Wclsch, shall be deemed to be the moving party and shall procced initially with testimony. Counsel for the parties or a party Pro Sc shall tile with thc Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witncsses who arc expectcd to testify at thc Hcaring, and a summary of the anticipated testimony of cach witness. Thesc Mcmoranda shall be tiled at Icast ten (10) days prior to the Hearing date. BY THE COURT, J cc: Jeffrey K. Welsch, Father Linda A. Clotfeltcr, Esquire - Counsel for Mother .l..1t.11(.JA I .~ ~'.I.~ D~ 9-. vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW JEFFREY K. WELSCH, Plaintiff : 94-2389 KAREN R. WELSCH, Defendant IN CUSTODY PRIOR JUDGE: J. Wcsley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits thc following report: I. The pertinent infornlation concerning the Childrcn who arc thc subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Charlene E. Welsch Andrea C. Wclsch June 16, 1985 Octobcr 14,1988 Mother Mother 2. A Conciliation Conferencc was held on August 27, 2002, with the following individuals in attendance: The Mother, Karen R. Welsch, with her counsel, Linda A. Clotfelter, Esquire, and the Fathcr, Jeffrey K. Welsch, who was not represented by counsel. 3. The Father filed this Petition Pro Se seeking primary physical custody of the parties' 13 year old daughter, Andrea. The Father, who is rcmarried, has been living in Bcdford, Pennsylvania and the Mother is in the process of moving to Middletown with her fianec', Andrea, and the parties' 17 year old daughter, Charlene. Following a prior Conciliation Conference, the parties engaged in mediation with Bonnie Howard. However, thc parties were not able to reach an agreement at the Conference and it will be necessary to schedule a Hcaring. 4. The Father's position on custody is as follows: The Father statcd that he has filed this petition based on Andrea's request to Iivc with the Father and his wifc in Bedford. According to the Father, the Child is adamantly opposed to beginning the new school year in Middlctown as a result of the movc with her Mothcr. Even beforc the Mother's decision to move, the Father stated that Andrea expressed her desire to begin this school ycar in Bedford. The Father assured thc Mother that ifhe had primary custody, Andrea would be available for all periods of partial custody with thc Mother. He further proposed that primary custody could automatically be transferred back to the Mother if the Child was not present for all schcdulcd periods of custody. The Father belicves that disrcgarding Andrea's strong preference in the custody arrangement would be dctrimcntal to thc Child and will causc resentmcnt toward thc Mother. Thc Fathcr denied the Mother's allcgations that hc had prcviously interfered with periods of partial custody between thc Mother and thc parties' oldest Child, Michelle, when Michelle was transferred to the Father's primary custody at Andrea's age. 5. The Mother's position on custody is as follows: The Mother belicves that it would be in thc Child's best intercst to continue to reside with the Mother the Mother's fiance', and hcr 17 year old sister, Charlene. Thc Mother expressed conccrn that Andrea may ncvcr fcel at home in thc new family unit thc Mother is creating if she docsn't spend at least onc year living in Middlctown on a primary basis. The Mothcr stated that she would be willing to transfer primary custody of the Child (if the Child still dcsired to do so) at thc cnd of thc 2002-2003 school year. The Mother also expressed eonecrn for Charlenc's bcst interests as the two sisters havc a very close rclationship. Finally, thc Mothcr stated that when Michelle wcnt to live with thc Father, the Mother's relationship with Michelle deteriorated due to her habitual unavailability for periods of partial custody with thc Mother. The Mother fears that the samc situation may develop with Andrea if she wcrc to live primarily with fhe Father. matter. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing in this It is cxpected that the Hearing will requirc at least one-half day. S<.pkAt..iuA .3 ,;)<JOd- cfJ~..,.,.,A-4..- oI..P. . Dawn S. Sunday, Esquire d Custody Conciliator Date ~~ ~~j ~~5 .... ... ~ "" :::: .... j !~~~ .r< ~~.B"'g ... ~~ c ;.gpjg- .r< ra ell = . CIl ~ ~~ 8 eIl-C . '" .- tlO ~~68 ~I . ." !!l , ~ tIi :.::q ~ ~ E CW... loI'l ~ cn~ '" = E ~.;! ~ ._ .B Q C - ::: " . ~ '=,am"'.c ~~~ l.:: P1l M~ , ! e::: ::E I ~~ l"J '. Sf? 11 2Dfl,? . '.. -:i~l'!r'="'.'~: . JEFFREY K. WELSCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA W KAREN R. WELSCH, Dcfcndant NO. 94-2389 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 26th day of Novcmbcr, 2002, upon considcration ofthc attachcd Icttcr from Dianc M. Dils, Esq., the hearing scheduled for November 27, 2002, is continucd gcnerally. COUNSEL ARE requested to contact the court if they desire a hearing in this matter. BY THE COURT. Jbiane M. Dils, Esq. 1017 North Front Street Harrisburg, P A 17102 J. I Linda A. Clotfclter. Esq. 3464 Trindle Road Camp 1-1iI1. PA 17011 Attorney for Dcfendant )>L~~ fY1 ~S J?. -o?. - Q J... :re ':1' '.' r: .~.: .~1'( I,) .on" ? 1 I.' I,: 1'\ :,_ nl:, ,_ ~ ,. _ CU" ' . I '''TV i.,~,:" ,," .....,' '.'.....rl.'.'jll PE,'!~iSYLy,:\i~Ll\ " . HOY-26-2002 03:13 PM DILS&DILS 71723321567 P.02 Q1~ &, ar~. ATTO"N!YS AT LAW ARTHUR K. OILS DIANe M. DIL3 1017 NORTH FIlONT lITlleeT HARRISIIURG. PFNN!lVI VANIA 17102 PHONE: (717)233-87'3 FAX' (717) 233.2557 November 26, 2002 The Honorable J. Wesley Oler, Jr, Cumberland County Courthouse 1 Courthouse! Square Carlisle, PAl 70 13 RE: Jeffrey K. Welsch VS. Karen R. Welsch No. 94-2389 Civil Tefm near Judge DIeT: I represent Jeffrey K. Welsch; Karen R. Welsch is represented by Attorney Linda A. Clotfelter. A custody trial j" !lchectuled hefore your Honorable Court for Wednesday, November 27, 2002. The parties have reached an agreement and it is respectfully reque!\ted that the above matter be continued generally so that counsel hus un opportunity to preparc a Stipulatiun and Agreement for signamre by the parties, which we will be submitting to your Honorable Court to be made an Order. I llJTI faxing a copy of this letter to Attol'lley Linda A. Clutfelter; however, Attorney Clotfelter has given me authorization to convey this representation to your Honorahle Court. Thank you for your assistance in this matter. ~trulY yours I . cy1. Diane M. Oils DMD/daf cc: Linda A, Clotfelter, Esquire ., ~'.~ ~:~... - , ." JEFFREY K. WELSCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 94-2389 Civil Tcnn KAREN R. WELSCH, Dcfcndant CIVIL ACTION - LA W CUSTODY PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of Diane M. Oils, Esquire, 1017 North Front Street, Harrisburg, Pennsylvania 17102, on behalf of the Plaintiff, Jeffrey K. Welsch, in connection with the above-captioned custody action. Respectfully submitted, BY: Diane M. i1s, Esquire 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 I.D. No. 71873 Date: November 12, 2002 ,...'-: ~',,: '1 .. \ ., -'.-..-- ~ >---".~,- .."--" ..1:c,:t';i," L ".,. J~;~i:~'~~~;J.';;~~:~-:'<.~~_ ,~ .-'.,'- ~.,,,-- :f, , -,If....) 1:1.1 i 1.-':" .' ." " .. '. 02 Nfl\' IS F:i :1: n~ CUI"...,.. ~ " , " !'"'' 1'1:...,., ,~. '. ,: .~.- ...'....i" I i P~"" '--"\1" I" CI...t~v 1 L-.:"~'.;/\ ._"-_~~_.------'"~. ~"-"'4(~ , ~1'- , .. ~, - ...... -.-" ...---.. '" JEFFREY K. WELSCH, Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA VS. No. 94..23119 Civil Terlll KAREN R. WELSCH, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT ._ tf f 2J)" 2.l 7 I 2 G" s.. ( AND NOW, this --UlL day of Deesmoer 2002, the above-captioned matter having been previously set for Trial on November 27, 2002, and this Court having been informed that the parties reached an agreement through their counsel, it is hereby ORDERED: I. The prior Order of this Court dated January 20, 2000, is vacated and replaced with this Order. 2. The father, Jeffrey K. Welsch, and the mother, Karen R. Welsch, shall have shared legal custody of Charlene E. Welsch, born June 16, 1985, and Andrea C. Welsch, born October 14, 1988. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. 3. The mother shall have primary physical custody of Charlene E. Welsch and the father shall primary physical custody of Andrea C. Welsch commencing December 26, 2002. The parties' oldest daughter, Michelle L. Welsch, has reached majority and therefore, is not a part of this Order of Court. (It is noted that the mother, Karen R. Welsch, docs not believe that it is in the best interest of Andrea C. Welsch to change her primary residence; however, mother does consent to this Order and change of custody of Andrea C. Welsch as evidenced by her signature to the Stipulation and Agreement.) 4. Charlene E. Welsch is currently 17 years of age and will soon be 18 years of age and therefore, partial custody periods between Charlene E. Welsch and father, Jeffrey K. Welsch, shall be arranged by agreement among Charlene and mother and father. Transportation shall be provided to father's home by mother during Charlene's custody periods and father shall return Charlene to her mother's home upon the conclusion of partial custody periods. 5. Mother shall have partial custody of Andrea C. Welsch as follows: (a.) Alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m.; (b.) During the summer months, the alternating weekend custody schedule shall be suspended and mother shall be entitled to five (5) non-consecutive weeks of partial custody periods with Andrea C. Welsch. Mother shall provide notification of said desired five (5) weeks on or before April 15 of each year to father; 2 (c.) Mother shall be entitled to have any missed partial custody periods with Andrea rescheduled; (d.) Mother shall be entitled to time with Andrea C. Welsch for mcals or similar activities ifmother is in the Bedford area upon reasonable prior notice. 6. Mother and father will alternate having custody of Andrea the holidays as follows: (a.) Christmas: The Christmas holiday shall be divided into segments, Segment A. which shall run from December 23 at 4:30 p.m. until December 26 at 12:00 noon; and Segment B, which shall run from December 26 at 12:00 noon through December 29 at ] 2:00 noon. The father shall have custody of the children during Segment A in odd numbercd years and during Segment B in even numbered years. The mother shall have custody of the children during Segment A in even numbered years and during Segment B in odd numbered years. (b.) Thanksgiving: The parties shall alternate the Thanksgiving holiday which shall begin on Wednesday prior to Thanksgiving at 5:00 p.m. and shall continue until Monday after the holiday at 5:00 p.m., provided that school is not in session. Adjustments shall be made depending upon the school schedule. Father shall have custody for Thanksgiving in even numbered years and mother shall have custody for Thanksgiving in odd numbered years. (c.) Easter: The parties shall alternate the Easter holiday which shall begin on Wednesday prior to Easter at 5:00 p.m. and shall continue until Monday atter the holiday at 5:00 p.m. provided that school is not in session. Adjustments shall be made depending upon the school schedule. Father shall have custody 3 for Easter in the even numbered years and mother shall have custody for Easter in odd numbered years. (d.) Memorial Day/July 4/Labor Day: The parties shall alternate having custody of the children on Memorial Day, July 4, and Labor Day. The Memorial Day and Labor Day holidays shall run from Friday at 4:30 p.m. through Monday at 4:30 p.m. and the July 4 holiday shall fall within the extended weeks of custody under the summer schedule. In even numbered years, the mother shall have custody of the children on Memorial Day and Labor Day and father shall have custody on July 4. In odd numbered years, the father shall have custody of the children on Memorial Day and Labor Day and mother shall have custody on July 4. (e.) Mother's Day/Father's Day: Mother shall have custody of the children every year on Mother's Day weekend from Friday at 5:30 p.m., when mother shall pick Andrea up at father's home and father shall pick Andrea up at mother's home on Sunday at 5:30 p.m. of the Mother's Day holiday. Father shall have custody of the children every Father's Day weekend from Friday at 5:30 p.m. through Sunday at 5:30 p.m., with the transportation for Father's Day to continue as hereinafter set forth in this Order. (f.) In-Service Days: Mother shall have the option to elect In-Service Days as an additional long weekend custody period with Andrea C. Welsch. The custody period shall begin at 5:30 p.m. on the first day of school prior to the period and shall continue until 5:30 p.m. on the day prior to school reconvening. Mother shall be limited to three (3) In-Service Days per school year, and shall 4 give notification of her desired three (3) In-Service Days to father at least two weeks in advance. (g.) The holiday custody scheduled shall supercede and take precedence over the regular custody schedule. 7. Mother and father shall continue with parenting sessions utilizing the services of Bonnie L. Howard, Ph.D., Clinical Psychologist. The parties shall participate in a continued course of mediation with Dr. Howard or other mediator selected by agreement of the parties. The purpose of the mediation shall be to improve communications between the parties and to address conflicts which have arisen with respect to parenting of the children. 8. Unless specifically set forth above, the parent relinquishing custody shall be responsible for transportation to the other parent's home. 9. The non-custodial parent shall have reasonable and liberal telephone contact with the children. 10. Both mother and father will encourage contact between Charlene E. Welsch and Andrea C. Welsch. II. For purposes of a change in primary custody of Andrea C. Welsch, mother shall enjoy the weekend of December 20, 2002, with Andrea C. Welsch at her home, 5 ::~~: }1'!'~,~-". and father shall commence primary physical custody of Andrea C. Welsch as of December 26, 2002, which is the commencement of his Christmas holiday period. BY THE COURT: Distribution: Linda A. Clotfelter, Esquire, 3464 Trindle Road, Camp Hill, PA 17011 .l't"~ ~ Diane M. Dils, Esquire, 1017 North Front Street, Harrisburg, PA 17102 /..71.0-" 9-. 6 JEFFREY K. WELSCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA \'s. No. ;/4-2389 Civil Term KAREN R. WELSCH, Dcfcndant CIVIL ACTION - LA W CUSTODY STIPULATION AND AGREEMENT OF THE PARTIES AND NOW, this Ic'-f}.;day of December 2002, the parties, after conferring with their counsel, Jeffrey K. Welsch, father, and his counsel, Diane M. Dils, Esquire, and Karen R. Welsch, and her counsel, Linda A. Clotfelter, Esquire, hereby agree and stipulate as to the custody of their children as follows: I. The prior Order of this Court dated January 20, 2000, IS vacated and replaced with this Order. 2. The father, Jeffrey K. Welsch, and the mother, Karen R. Welsch, shall have shared legal custody of Charlene E. Welsch, born June 16, 1985, and Andrea C. Welsch, born October 14, 1988. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. 3. The mother shall have primary physical custody of Charlene E. Welsch IInd the father shall primary physical custody of Andrea C. Welsch comlllencing Deccmber 26,2002. The parties' oldest daughter, Michelle L. Welsch, has rcached majority and therefore. is not a part of this Order of Court. (It is noted that the mother, Karen R. Welsch, docs not believe that it is in the bcst intcrest of Andrea C. Welsch to change her primary residence; howcvcr, mother docs consent to this Order amI change of custody of Andrca C. Welsch as evidenced by her signature to the Stipulation IInd Agrecmcnt. ) 4. Charlcne E. Welsch is currently 17 years of age and will soon be I X years of agc and therefore, partial custody periods between Charlene E. Welsch and father, Jeffrcy K. Welsch, shall be arranged by agreement IImong Charlcnc and 1II0ther and father. Transportation shall be provided to fathcr's home by mother during Charlene's custody periods and fhther shall return Charlcnc to hcr mother's home upon thc conclusion of partial custody periods. 5. Mothcr shall havc partial custody of Andrea C. Welsch liS lilllows: (a.) Altcrnating weckcnds from Friday at 5:00 p.lII. until SundllY lit 5:00 p.m.; (b.) During thc summcr lIIonths. the alternating weckend custody schedule shall be suspended and mother shall be cntitled to five (5) non- consccutive wceks of partial custody periods with Andrea C. Welsch. , - '. Mother shall provide notification of said desired five (5) weeks on or before April 15 of each year to father; (c.) Mother shall be entitled to have any missed partial custody periods with Andrea rescheduled; (d.) Mother shall be entitlcd to time with Andrea C. Welsch for mcals or similar activitics if mothcr is in the Bedford area upon reasonable prior notice. 6. Mother and father will alternate having custody of Andrea the holidays as follows: (a.) Christmas: The Christmas holiday shall be divided into segments, Segment A, which shall run from Decembcr 23 at 4:30 p.m. until December 26 at 12:00 noon; and Segmcnt B, which shall run from December 26 at 12:00 noon through December 29 at 12:00 noon. The father shall have custody of the children during Segment A in odd numbered years and during Segment B in even numbered years. The mother shall have custody of the children during Segment A in even numbered years and during Segment B in odd numbered years. (b.) Thanksgiving: The parties shall alternate the Thanksgiving holiday which shall bcgin on Wcdnesday prior to Thanksgiving at 5:00 p.m. and shall continue until Monday after the holiday at 5:00 p.m., provided that school is not in session. Adjustments shall be made depending upon the school schedule. Fathcr shall have custody for 3 ~ , . . . Thanksgiving in cvcn numbcrcd ycars and mothcr shall havc custody for Thanksgiving in mid numbcrcd ycars. (c.) Eastcr: Thc partics shall altcrnatc thc Eastcr holiday which shull bcgin on Wcdncsday prior to Eastcr at 5:00 p.m. and shall continll'~ until Monday aftcr thc holiday at 5:00 p.m. providcd that school is not in scssion. Adjustmcnts shall bc madc dcpcnding upon thc school schcdulc. Fathcr shall havc custody till' Eastcr in thc cvcn numbcrcd ycars and mothcr shall havc custody lill' I ~astcr in odd numbcrcd ycars. (d.) Mcmorial Day/July 4/Labor Day: Thc partics shall altcrnatc having custody of thc childrcn on Mcmoriall>ay, July 4. and Labor Day. Thc Mcmorial Day and Labor Day holidays shall run from Friday at 4:30 p.m. through Monday at 4:.1() p.m. and thc .fuly 4 holiday shall fall within thc cxtcndcd wccks of custody undcr thc summcr schcdulc. In cvcn numbcrcd ycars. thc mothcr shall havc custody of thc childrcn on Memorial Day and Labor Day and ththcr shall havc custody on July 4. In odd numbcrcd ycars, thc tillhcr shall havc custody of thc childrcn on Mcmorial Day and Labor l>ay and lI10thcr shall havc custody on July 4. (e.) Mothcr's Day/Fathcr's Day: Mothcr shall havc custody of thc childrcn evcry ycar on Mothcr's Day wcckcnd froll1 Friday at 5:]0 p.m., whcn mothcr shall pick Andrca up at Iillhcr's homc and fathcr shall pick Andrca up at mothcr's hOll1c on Sunday at 5:]0 p.m. of thc Mothcr's Day holiday. Fathcr shall havc custody of thc childrcn cvcry Father's Day wcckcnd thlll1 Friday at 5:.1() 1'.111. through Sunday at 5:30 p.m., 4 . , with the transportation for Father's Day to continue as hereinafter set forth in this Order. (f.) In-Service Days: Mother shall have the option to elect In-Service Days as an additional long weekend custody period with Andrea C. Welsh. The custody period shall begin at 5:30 p.m. on the first day 0' school prior to the period and shall continue until 5:30 p.m. on the day prior to school reconvening. Mother shall be limited to three (3) In-Service Days per school year, and shall give notification of her desired three (3) In-Service Days to father at least two weeks in advance. (g.) The holiday custody scheduled shall supercede and take precedence over the regular custody schedule. 7. Mother and father shall continue with parenting sessions utilizing the services of Bonnie L. Howard, Ph.D., Clinical Psychologist. The parties shall participate in a continued course of mediation with Dr. Howard or other mediator selected by agreement of the parties. The purpose of the mediation shall be to improve communications between the parties and to address conflicts which have arisen with respect to parenting of the children. 8. Unless specifically set forth above, the parent relinquishing custody shall be responsible for transportation to the other parent's home. 5 . '0 " , . 9. The non-custodial parent shall have reasonable and liberal telephone contact with the children. 10. Both mother and father will encourage contact between Charlene E. Welsch and Andrea C. Welsch. II. For purposes of a change in primary custody of Andrea C. Welsch, mother shall enjoy the weekend of December 20, 2002, with Andrea C. Welsch at her home, and father shall commence primary physical custody of Andrea C. Welsch as of December 26, 2002, which is the commencement of his Christmas holiday period. IN WITNESS WHEREOF, the parties hereto sign their hands and seals the day and year first above written. :< O.(enP, K.afen R. Welsch i {tld~ //(;/~cfl- ~ t"\ llle. 6 ..: c.l E-< '"" % c.. ~ :E Z e r:: S 0 .0: k .... ., c.l :E ~ Q) .... c:: P: ~ i; :E E-< .... III t:l 0 , ,., 'tl .o:tIl ~ U >< ~ tcc:: c:: r:: ~ E-< .... u.... ,Q) CH r.. % > tIllll . tc.... ZE-< !( ~~ C :::> .... '""~ III UQ) .o:~ ~ en 0 U [oJP< > tIlQ .0: 1;; Itz E-< U ~ '"" %0. "'w ~ z gg P: en [oJ 0 ~ :::> C Q) . ~ Hr.:I 0 % ..., :.: r'tc ~ Z::l U .0: N . .o:E-< ..... -!!l '"" I >< P: '"" 00: c.l P: ... c.l :::>r.. -i tc r.:I en P: % 0.0 E-< al r.. c.l H :l;: . r.. P: E-< Z :::> 0 r>:I .0: III H U % I-J I<' . .' . .' .- . ., I "....' ".' ..'i''7.'~ ,...., 0~, & 0tt.1~ ATTORNEYS AT LAW 1017 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102 ARTHUR K OILS DIANE MOILS PHONE (717)233.8743 FAX: (717) 233.2567 January 15, 2003 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse I Courthouse Square Carlisle, P A 17013 RE: Jeffrey K. Welseh vs. Karen R. Welseh No. 94-2389 Civil Term Dear Judge Oler: I represent Jeffrey K. Welsch; Karen R. Welsch is represented by Attorney Linda A. Clotfelter. A custody trial had been scheduled before your Honorable Court for Wednesday, November 27, 2002; however, the parties reached an Agreement prior to that date. Enclosed herewith are an original and three copies of a fully executed Stipulation and Agreement with an Order of Court attached thereto. It is respectfully requested that your Honorable Court approve the Order of Court. Thank you for your assistance in this matter. Very truly yours, (tllt/v;~' I /.;; I Diane M. Dit~../ , DMD/daf cc: Linda A. Clotfelter, Esquire (.:..'~ . JENNIFER BEAMAN INTRIERI. Plaintiff IN HIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LA W ., I\ct.nV'...t;.:' ' " ..'~, '.' ., :..~:'LiIJ,' ,;. ,,' .~<~VL<.4 ~,'," SCOlT NASTELLl, Defendant 94-3357 CIVIL IN RE: PREHEARING CONFERENCE ORDER ","~~,.....1J>\~"'"~''' ,.,=....- .. .~,....-... AND NOW, this c.{ , day of December. 2002, at the request of counsel for the defendant, a prchearing confcrencc in thc abovc captioned mattcr is sct for Friday. January 3, 2003, at 9:00 a.m. in Chambers ofthc undersigned. UY THE COURT, /lJ I' Ruby D. Weeks. Esquire For the Plaintiff L O"pJO 1)) / Carol L. Cingranclli, Esquire )> -m 0.. ~ ~~ For the Delendant I . L ~ I f :rlm J A - LJ -() d-... I ~ ;,\\'~ ~'I()':-r'_l d"", ...' -: I .' \ \. "p- ,,,. . .'- i: '. G' " , ;: " ,.... . I I liJ'...."I'{ VI.,.J.."- . .~. ...'OJ I palNS'lU!fN'A J .. r )-"" JEFFREY K, WELSCH, Plaintiff : IN THE COURT OF COMMON I)LEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA \IS. : 94-2389 CIVIL ACTION - LAW KAREN R. WELSCH, Defendant : IN CHILD CUSTODY DEFENDANT'S MEMORANDUM FOR CUSTOI)Y HEARING Submitted by: Linda A. Clotfelter. Counsel for Defendant. I. Party is natural mother, Karen R. Welsch., hereinafter referred to as "Mother". 2. Children: Charlene E, Wclsch, born June 16, 1985 (age 17 years). Andrea C. Wclsch, born October 14, 1988 (agc 14 years). 3. Plaintiff, Jefferey K. Welsch hereinaftcr rcferrcd to as "Father" pctitioned to Court seeking primary physical custody of the parties' 14 year old daughter, Andrea. Mother opposes Father's Petition for Modification and wishes to retain the status quo such that the parties' two minor children continue to reside primarily with Mother and that the parties continue with the custody Order that presently exists. 4. Defendant's Witnesses: a. Karen R. Welsch - Will testifY as to the status quo, the nature of the household where the children currently reside, the current school, social, and extracurricular activities of the subject child, the prior complications and contempts when the parties' eldest daughter moved to Father's residencc at the sanle age, the resulting difficulties for the parties and the children, Fathcr's unilateral dceisions on custody on othcr occasions, and in general the best interest of both minor children. b. Charlene E. Welsch - Will tcstifY as the eflcct that a possible custody change would have on her, the status quo, thc nature of the household where the children currently reside, the prior complications and contcmpts when the parties' cldest daughter moved to Father's residence at thc same age. the resulting difficulties for the parties and the children, and in general the best interest of both minor children. c. Barrv Hoffman - The nature ofthc houschold where the childrcn currently rcside, and the interactions within the household. d. Matthew Hoffman - The naturc of the household where the children currently reside, and the intcractions within the houschold. e. Michelle Welseh - (Possibly as on eross-examination) Will testify as to the nature of both households including the lack of supcrvision at Father's home, her prior experiences when Father obtained a similar modification for her custody, facts surrounding noncompliancc with prior Order when shc rcsided primarily with Father, her experienccs with Father and Stcpmother rcfusing hcr housing and financial support whilc she was still a minor, and generally thc best intercst ofthc subject child. f. Andrea C. Welsch - As on cross-exwnination. Will testify as to the status quo, general facts ofthc current situation and her preferencc. g. Jefferev K. Welsch - As on cross-exwninntion. Will testify as to the status quo, prior events and complications in thc custody schcdule when a similar modification was made with the parties' eldest daughter, Father's treatment of the eldest daughter's pregnancy, Father's rcfusal to provide housing and finnncial support for the eldest daughter due to her pregnancy and her resulting in her emancipation for the purposes of custody. h. Jan Welseh - As on cross-examination. Will testifY as to the status quo, prior event between the parties, prior difficulties with the parties' eldest daughter, Father's refusal to provide housing and finaneial support for the eldest daughter due to her pregnancy. her emaneipation for the purposes of custody, and various communications with Mother of their position throughout several disputes. i. Others - Defendant reserves the right to question PlaintilT's witnesses and also reserves the right to call additional witnesses upon proper notice as permitted. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: I' lIt / OJ.- I , nda A. Clotfe ter, Esquire ttorney I.D. No. 72963 464 Trindle Road Cwnp Hill. PA 17011 (717) 763-7613 Attorney for Defendant . JEFFREY K. WELSCH. Plain lifT : IN TilE COURT OF COMMON !>LEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA VI. : 94-2389 CIVIL ACTION. LAW KAREN R. WELSCH, Defendant : IN CHILD CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy ofthe Defendant's Memorandum for Custody Hearing was scrved upon the opposing party by way of ftrst class mail, postage pre-paid and addressed as follows: Jeffrey K. Welsch 149 Arandale Road Bedford, PA 15522 (Plaintiff. Pro Se) LAW OFFICES OF CRAIG A. DIEHL Date: 111/5 / OJ- / mda A. Clotfelter, Esqutre 464 Trindle Road nmp Hill, PA 17011 (717) 763-7613 ~~ ~~~ It '_ ~~~ ~ltr:: ;;: ~ E. ~ ~ g: ~ _ III ... r:: E .J :z: w 2i < " <( a: (,) ... o 13 0:: >< (,) 15 :e '" 11: ii: a: - :0 LL. Uf if ,... o ~::I @ ~:3 1i:i:r:: .... Q. - i~~ ," NOV 1 5 2002 " JEFFREY K. WELSCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : 94-2389 CIVIL ACTION - LAW KAREN R. WELSCH. Defendant : IN CHILD CUSTODY DEFENDANT'S MEMORANDUM FOR CUSTODY HEARING Submitted by: Linda A. Clotfelter, Counsel for Defendant. I. Party is natural mother, Karcn R. Welsch.. hcreinaftcr referred to as "Mother". 2. Children: Charlene E, Welsch. born June 16, 1985 (age 17 years). Andrea C. Welsch, born October 14, 1988 (age 14 years). 3. Plaintiff, Jefferey K. Welsch hereinafter referred to as "Father" pctitioned to Court seeking primary physical custody of the parties' 14 year old daughtcr, Andrea. Mother opposes Father's Petition for Modification and wishes to retain the status quo such that the parties' two minor children continue to reside primarily with Mother and that the parties continue with the custody Order that presently exists. 4. Defcndant's Witnesses: a. Karen R. Welsch - Will testify as 10 the status quo, the naturc of the household where the children currently residc, the current school, social, and extracurricular activities of the subject child, the prior complications and contempts when the parties' eldcst daughter movcd to Father's residcncc at the same age, the resulting difficulties for the parties and the childrcn, Father's unilateral decisions on custody on othcr occasions, and in general the best interest of both minor children. b. Charlene E. Welsch - Will tcstify as thc effect that a possible custody change would have on her, the status quo, the nature of the houschold where the children currently rcsidc, the prior complications and contcmpts whcn the parties' eldest daughtcr moved to Fathcr's rcsidence at thc same age. the resulting difficulties for the parties and the childrcn. and in general the best interest of both minor children. c. Barrv Hoffinan - Thc nature of the household wherc thc childrcn currcntly rcside, and the interactions within the household. d. Matthew Hoffinan - Thc nature of the household where thc children currcntly rcside. and the intcractions within thc household. . " - "_.. . '- '.- Law Offices of CRAIG A. DIEHL 3464 TRINDLE ROAD CAMP HILL. PA 17011 (717) 763.7813 119W. HANOVER STREET SPRING GROVE. PA 173e2 (717) 225.1929 NOV 1 5 2011 ~ , ~ . I I !~ r :1 1 i I I i( , :1 1', j .,:,:. ' . ./I"rl' t":", 4 ..f J-./' j , ~ ~ ,: ~ 1.(', ",., '.'. .,. f '{',j f' ' I( ti ....t )..4- t' ,. , . '. I . r i , I · ,. ;' ;:a!,*~. , e. Michelle Welsch - (Possibly as on cross-examination) Will tcstify as to the nature of both households including the lack of supervision at Father's home, her prior experiences when Father obtained a similar modification for her custody, facts surrounding noncompliance with prior Order when she resided primarily with Father, her cxperiences with Father and Stepmother rcfusing her housing and financial support while she was still a minor, and generally the best interest 0 fthe subject child. f. Andrea C. Welsch - As on cross-examination. Will testify as to the status quo, general facts ofthc current situation and her preference. g. Jefferev K. Welsch - As on cross-exumination. Will tcstify as to the status quo, prior events and complications in the custody schedule when a similar modification was made with the purties' eldest daughter, Father's treatment of the eldest daughter's pregnaney, Father's refusal to provide housing and finaneial support for the eldest daughter due to her prcgnancy and her resulling in her emancipation for the purposes of custody. h. Jan Welsch - As on cross-exumination. Will testilY us to the status quo, prior event between the purties. prior difficulties with the parties' eldest daughter, Father's refusal to provide housing and fmancial support for the eldest daughter due to her pregnancy, her emancipation for the purposes of custody, and various communications with Mother of their position throughout several disputes. i. Others - Defendant reserves the right to question Plaintiffs witnesses and also reserves the right to call additional witnesses upon proper notice as permitted. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Dute: II /11/ OJ- I I da A. Clotfe ter, Esquire ttorney J.D. No. 72963 464 Trindle Road Camp Hill, PA 1701 I (717) 763-7613 Attorney for Defendant JEFFREY K. WELSCH, Plaintiff : IN THE COURT OF COMMON I)LEAS OF : CUMBERLANI) COUNTY, I)ENNSYLVANIA V!. : 94-2389 CIVIL ACTION - LAW KAREN R. WELSCH, I)cfcndant : IN CHILI) CUSTOI)Y CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy of the Defendant's Memorandum for Custody Hearing was served upon the opposing party by way oflirst class mail, postage pre-paid and addressed as follows: Jeffrey K. Welsch 149 Amndale Road Bedford. P A 15522 (Plaintiff, Pro Se) LAW OFFICES OF CRAIG A. DIEHL Date: 11/15 / ()J- I mda A. Clotfelter, EsqUire 464 Trindle Road amp Hill. PA 17011 (717) 763-7613 ,AI'4<......s,. .' . NOV 1 5 2002 JEFFREY K. WELSCII. l'lalntlff : IN TilE COURT OF COMMON PLEAS OF : CUMBERLANI) COUNTY,I)ENNSYLVANIA VS. : 94-2389 CIVIL ACTION. LAW KAREN R. WELSCH, Defendant : IN CHILI) CUSTODY DEFENDANT'S MEMORANI)lJM FOR ClJSTOI>Y HEARING Submilled by: Linda A. Clotfelter. Counsel for Defendant. 1. Party is natural mother, Karcn R. Welsch., hereinaftcr referred to as "Mother". 2. Childrcn: Charlene E. Welsch, born June 16. 1985 (agc 17 years). Andrea C. Welsch. born October ]4, 1988 (age 14 ycars). 3. Plaintiff, Jeffercy K. Welsch hercinafter referred to as "Father" pctitioned to Court sceking primary physical custody of the parties' 14 year old daughtcr. Andrca. Mother opposes Father's Petition for Modification and wishes to retain the status quo such that the parties' two minor children continue to reside primarily with Mother and that the parties continue with thc custody Ordcr that prescntly cxists. 4. Defcndant's Witnesses: a. Karen R. Welsch - Will testifY as to the status quo, the nature ofthe household where the ehildrcn currently reside. the current school. social, and extracurricular activities of the subject child, the prior complications and contempts whcn the partics' eldest daughter movcd to Father's residence at the same agc, thc resulting difficulties for the parties and the children, Fathcr's unilateral decisions on custody on other occasions, and in general the best interest of both minor children. b. Charlene E. Welsch - Will testify as the cffect that a possible custody change would have on her, the status quo, the nature of the household where the children currently reside, the prior complications and contempts when the parties' eldest daughter moved to Father's residence at the same age. the resulting difficulties for the parties and the children, and in general the best intercst of both minor children. c. Barrv Hoffinan - The nature of the household where the children currcntly reside. and the interactions within the household. d. Mallhew Hoffinan - The nature of the household where the children currcntly reside. and the interactions within the household. .. ." e. Michelle Welsch - (Possibly as on cross-cxamination) Will testilY as to the nature of both households including the lack of supervision at Father's home, her prior experiences when Father obtained a similar modification for her custody, facts surrounding noncompliance with prior Order when she resided primarily with Father, her experiences with Father and Stepmother refusing her housing and fmancial support while she was still Ii minor, and generally the best interest of the subject child. f. Andrea C. Welsch - As on cross-examination. Will testify as to the status quo, general facts of the current situation and her preference. g. Jefferev K. Welsch - As on cross-examination. Will testilY as to the status quo, prior events and complications in the custody schedule when a similar modification was made with the parties' eldest daughter, Father's treatment of the eldest daughter's pregnancy, Father's refusal to provide housing and financial support for the eldest daughter due to her pregnancy and her resulting in her emancipation for the purposes of custody. h. Jan Welsch - As on cross-examination. Will testilY as to the status quo, prior event between the parties, prior difficulties with the parties' eldest daughter, Father's refusal to provide housing and fmancial support for the eldest daughter due to her pregnancy, her emancipation for the purposes of custody, and various communications with Mother of their position throughout several disputes. i. Others - Defendant reserves the right to queslion Plaintiff's witnesses and also reserves the right to call additional witnesses upon proper notice as penni!ted. Respectfully submitted, LA W OFFICES OF CRAIG A. DIEHL Date: II / 11/ OJ- , , nda A. Clotfe ter. Esquire !torney 1.0. No. 72963 464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 Attorney for Defendant '''~ :'~tj~-"'(' . ~. JEFFREY K. WELSCH. Plaintiff : IN TIlE COURT OF COMMON I)LEAS OF : CUMIJERLANI> COUNTY, I)ENNSYLVANIA VS. : 94.2389 CIVIL ACTION. LAW KAREN R. WELSCH, Defendant : IN CHILD CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certify thut on this date, a true and correct copy of the Defendant's Memorandum for Custody Hearing wus scrved upon the opposing party by way of first class mail. postage pre-paid and addressed as follows: Jeffi'cy K. Welsch 149 Arandale Road Bedford, PA 15522 (Plaintiff. Pro Se) LAW OFFICES OF CRAIG A. DIEHL Date: /11/5 / OJ- I mda A. Clotfelter, EsqUire 464 Trindle Road amp Hill, PA 17011 (717) 763-7613 .. JEFFREY K. WELSCH, Plaintiff IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94-2389 Civil Ternl KAREN R. WELSCH, Defendant CIVIL ACTION - LA W CUSTODY MEMORANDUM PURSUANT TO THE ORDER OF COURT DATED SEPTEMBER 12.2002 AND NOW, this ~ay of November 2002, pursuant to the Order of Court dated September 12, 2002, this Memorandum is filed on behalf of the Plaintiff, Jeffrey K. Welsch, by his attomey, Diane M. Dils, Esquire: I. Jeffrey K. Welsch, Plaintiff, believes that the best interest of his daughter, Andrea C. Welsch, born October 14, 1988, will be served by granting him primary physical custody, with partial custody in the Defendant, Karen R. Welsch. 2. Jeffrey K. Welsch, Plaintiff, will testify as to why he believes that it is best for his daughter, Andrea, to be in his primary custody. Jeffrey K. Welsch will further testify as to the faet that there will be no interruption in the education of Andrea Welsch in that the academic courses in which she would commence in January 2003, are at least synonymous with the academic courses she is currently carrying at the Middletown High School. '1.'0',/ 1 5 :'" ... ~ 3. Janice M. Welsch, is the wife of the Plaintifl~ and she will testify as to their home, her relationship with Andrea Welsch, and her role as step-mother to Andrea. 4. Michelle Welsch, the oldest daughter of Jeffrey K. and Karen R. Welsch, will testify as to her relationship with her mother, Karen R. Welsch. her reasoning for residing primarily with her father, Jeffrey K. Welsch, her upbringing in the home of the father, Jeffrey K. Welsch, her current life, and her relationship with both her father, mother, sisters, and step-mother. 5. Ruby Cooper, Andrea's Sunday school teacher and/or Tammy Beagle, Youth Leader, both in association with the Bedford United Methodist Church. One or both of these parties will testify as to their relationship with Andrea Welsch in Bedford, Pennsylvania, and her involvement with the Bedford United Methodist Church, the Sunday school and the Youth Group. 6. Bonnie L. Howard, Ph.D., Clinical Psychologist, of Riegler, Shienvold & Associates, will testify as to her counseling with Andrea Welsch and as to Andrea's thought process in concluding that she desires to reside with her father on a full time basis. Dr. Howard will further testify as to any anticipated problems if primary custody is granted to the father. ''lIIIl;OW,~''''''al ~ 7. Brian Nollan, the step-brother of Andrea Welsch (the son of Janice M. Welsch - step-mother), will testify as to his relationship with Andrea and the home of Jeffrey K. and Janice M. Welsch. 8. Lastly. it is requested that the minor child, Andrea Welsch, be permitted to speak with your Honorable Court in chambers to explain her desires, how and why she has made this decision. Respectfully submitted, /: . ~ BY: ~/~. I /Diane M. Is, Esquire 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 J.D. No. 71873 Attorney for Plaintiff, Jeffrey K. Welsch CERTIFICATE OF SERVICE I, Diane M. Oils, Esquire, hereby certify that a true and correct copy of the within Memorandum has been served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the !It day of November 2002, addressed as follows: The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse I Courthouse Square Carlisle, P A 17013 Linda A. Clotfelter. Esquire 3464 Trindle Road Camp Hill, PA 17011 Respectfully submitted, BY: Date: November 14, 2002 " i. I " tIl r:i ..:I ll< Z e ~! 0 oOl: '" ~ P- Q) .... ./J ~ Eo< .... c:: 0 , '.... III ~ U >< ..... :C./J ,'0 :E: ~ "'~ Eo< .... UC:: 'C:: ::> < !Z~ r.. :z > tIl.... :CQ) C 0"' 0 ::> .... ..:I III . U.... Z ~ "' Itz 0 U rzl..... III tIlQ) oOl: ~ ...z Eo< U ~ll< > ..:IC D: ~ Z ~~ D: '" rzl 0 ~ ::> c CO . ~ :E: 00: Z:::l 0 Z M l<: rzl ~ ...Ill U oOl: N . :E: -!a o-J I >< D: Do: rzl D: "'" rzl -~ :c rzl '" D: :z Eo< III r.. rzl :E: . r.. ~ 7- ::> 0 rzl H U Z I-:l l<: c.