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HomeMy WebLinkAbout96-02759 I . I .... I . ...'( ; I " . I ~ I, .' 1 ~ I I ''T e ~ v ~. ).' " , , i , " " " , ., " ", '.... I""~-l, '\" " \ ) , ,/ ./ / , , " " " " , " " J I ! " J " ... "" I " to- ... , ~ I' " , , " , terms and provisions which ure mutually agreed to by the Plaintiff Steven S. Wieland and Delendant Rhonda J, Wieland: I, The parties shall have shared legal custody. care and charge \Jf the child Anthony S. Wieland. bmn fcbruary 8. 1'189 as provided by the ActofN\Jvember 30, 1985.I',L. 264. 23 I'u. C.S.A. * 5301. ~I.I'~q, 2, Rhonda J. Wieland. Defendant herein. shall have physical custody \Jfthe child subject to the rights of Steven S, Wieland. Plaintitl'herein.to partial custody of the child as set lllrth herein, 3, Steven S, Wieland. Plaintiff herein. shall have partial custody of the child from one week aileI' the end of the child's school year until one week prior to the beginning of the child's sch\J\JI year each and every summer during the term of this agreement. Defendant shall give Plaintill' at least ninety days n\Jtice prior to the end of the school as to the date the school year ends and the date that the school year recommences at the end of the summer, 4, In addition the Plaintiff Steven S, Wieland shall have partial cust\Jdy of the child for one full week during the Christmas vacation with that week to includc Christmas day every other year, For Christmas 1996. the child will spend Christmas Day with thc Plaintiff Steven S, Wieland and shalltherealier alternate spending Christmas Day with the parties hereto, 5, Each of the parties hereto agrees that during the time that the ehild is living and residing with them under the terms of this ugrecment. cach will allow the other party reas\Jnable telephone contuct with said child, 6, Defendant herein Rhomla J. Wieland agrees that during the time that Plaintiff Steven S, Wieland has the child during the summer that he shull not be responsible lor the payment of uny child support to und through the Domestic Relations ()ftice Illr each and every week thllt he hils the child Ilnd further thllt 11 COP} of this ugrecment Ilnd Court Order may be delivered to the Domcstic Relations omce in and IiII' Cumbcrland County with appropriate credit ~iven to the Plaintiff Steven S, Wieland towards uny child support that he might otherwise owe for the periods of time that he has the child during the summer withoutllny furthcr proceedings being held thereon, PllIintitl'Steven S, Wieland shall provide lInnulllly to the Domestic Relations Ofliee the dates which he has partial custody of sllid child in accordllnee with this lIgreement and the Domestic Relations Oflice will give total credit till' those periods against child support that otherwise might be due lInd Pllyable in accordance with uny Order previously entered by the Domestic Relations Oflice. 7. Both parties lIcknowledge that it is in the best interest of the child to remain elose to both parents and neither parent shall do anything which may estrange the child from the other parent or which may humper the Iree and natural development of the child's love and alTection for the other parent. 8, The parties shall confer with each other on all important malleI'S pertaining to the child's health. welfare. education and l1luintenance. with a view toward obtaining and following a harmonious policy in the child' s bes~ interests and shall keep each other informed of the progress of the child's health. educution and social adjustment. 9, Both parties agree that the Court of Common Pleas of Cumberland County. Pennsylvania. shall continue to have jurisdiction over the child who is the subject of this Agreement and Court Order until further Order of said Court. 10, The parties hereto both ,ICknowlcdge that prior to the execution of this Agreement each was given the opportunity hI consult with and be represented and advised by separate and independent legal counsel and that this Agreement has been entered into . , JUL " "I ~, \", '-'/' ,.J:j ) br' STEVEN S. WIELAND, Plaintiff I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW _<'15'1 NO. 96 - Z4,9 CIVIL TERM . . . . v. I . . RHONDA J. WIELAND, Defendant I I : CIVIL ACTION - CUSTODY COURT ORDER , AND NOW, thi,liI - , I, day of )' '.' / consideration of the attached Custody Conciliation ordered a~d directed as follows: ~"" , 1996, upon Report, it is , 1. A hearing is scheduled in Courtroom * :' of the CUlnberland County Courthouse on the " .'/ 7 day of c " ' Ii ,:, .' , 1996, at _ / ,,' :-p.m., at which time testimony will be taken in the above case. At this hearing, the Father, Steven S. Wieland shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, each party's position on these issues, a list of witnesses that will be called to testify at the hearing along with a summary of the anticipated testimony 0f each witness. This memorandum shall be filed at least ten (10) days prior to the hearing date. 2. Pending further order of this Court, the following temporary custody order is entered: A. Mother shall continue to have primary physical custody of the minor child except as set forth in Paragraph B below. B. Father shall have temporary custody of the minor child from Friday, July 26, 1996, at 7:00 p.m. until Friday, August 16, 1996, at 7:00 a.m. The parties shall exchange custody of the minor child at the Crestmart Store at the junction of Pennsylvania Route 74 and Franklin Street in Carlisle. ", ') " , , C. In the event Mother is in the Carlisle area at'any oehet,p~ times prior to a hearing in this case, Mother s/MIl'~' advise Father at least 24 hours in advance ~nd F4ther'~>. shall have custody of the minor child while Mother 1. in;:t1 the Carlisle area. :, "i,;{ ) , , j " CCI Kathleen D. Keating, Esquire Ronald E. Johnson, Esquire m<..,(.,{ '11.').,-^/q~'J ,.~, 1 . STEVEN S. !iIELAND, , IN THE COURT OF COMMON PLEAS OF Plaintiff , CUMBERLAND COUNTY, PENNSYLVANIA , v. . CIVIL ACTION - LAW . , RHONDA J. WIELAND, . NO. 96 - 2459 CIVIL TERM . Defendant : . CIVIL ACTION - CUSTODY . CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915 .3-R (b), the undersigned Custody COllciliator submits the following report: 1. The information pertaining to the child who is subject of this litigation is as followsl Anthony S. Wieland, born February 8, 1989 2. A Conciliation Conference was held on July 23, 1996, with the following individuals in attendance: Mother's counsel, Kathleen D. Keating, Esquire, and Father's counsel, Ronald E. Johnson, Esquire. 3. The parties were divorced in 1991 and have been living through and informal custody agreement since that time period. Mother was primary custodian with Father having the minor child Oil alternating weekends and for a month in the summer. In June of this year, Mother relocated to New Orleans. She says the relocation was for family and work reasolls. Father desires that the child remain here in Carlisle and is prepared to seek primary physical custody of the minor child at this time. A hearing is necessary. The parties have agreed upon .In interim order for the Father to havd custody of the minor child for the remainder of the summer until school starts in New Orleans with the under.<itanding that the parties will litigate the issue of primary custody at a hearing. 4. The Conciliator recommends an Order as attached. . 1 /R'I/ Cf& , Date Hubert X. Gilr Custody Conci STEVEN S. WIELAND, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : CUSTODY/VISITATION RHONDA J. WIELAND. Defendant : NO, 96- .~')S', CIVIL TERM ORDER OF COURT AND NOW, ......2~~ d '{ , 1996, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before -=l:l JJ ~A 1- ~j<-LT t~! ( I I:'a,:!i." lJ.' on the )( . the conciliator, at I./Il.l; t;l....llo, , 1996. at :!l' 30 o'clock. /'J! day of '/'-7 _,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 t'1e 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, TRU:: C,:,:,~y r-;V~~.! nrrnRD In T l' ' ",... FOR THE COURT: es 'mony ';,/<cr, "I, I " :', "n'" '.'1 ,,;y "and and the seal cfl.J'd:,ml ,',I'C"I ,', n, " "" ", I This ,..",~~'f.J:", day of Ivtt~ . ,', '19;,-'4:.. By:J1/ '/It.!<c .(,'0 , .........."..,d'f1<\(!,....f...,~ ('f.J,........ Custody Conciliator (SIt12.)/.tt., The Court of conuKoR'\lr,fW'tIfCumberland 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 allend 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, Office of the Court Administrator Cumberland County Courtllouse. Fourth Floor Carlisle. PA 17013 (717) 240-6200 Rhonda J. Wieland and her mother an unknown address in Louisiana Approximately summer 1991 to summer 1992 The mother of the child is Defendant. RHONDA J, WIELAND. currently residing at 236 Bonnybrook Road, Carlisle. Cumberland County, Pennsylvania, 17013, Shc is unmarried. The father of the child is STEVEN S, WIELAND, currently residing at RD #1, Box 140. Landisburg, Perry County. Pennsylvania, 17040, lie is unmarried, 4, The relationship of the Plaintiff to the child is that of Father, The Plaintiff currently resides with the following persons: His daughter, Danielle Wieland (3 weeks old). and his girlfriend. Teresa Lebo with whom he has resided since 1992, 5, The relationship of the Dcfendant to the children is that of Mother, The Defendant currently resides with the following persons: Her daughter, Ashley (last namc unknown). 6, Plaintiff has not participated as a party or witness. or in another capacity, in other litigation concerning the custody of the child in this or another court. The parties. however, had previously entered into a custody agreement dated January 9.1991, a copy of which is attached. I' Plaintiff has no'information of a custody proceeding concerning the child pending in a court of this Commonwealth, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. , 7, The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: A, The Defendant has moved from home to home numerous times over the last several years and is unable to provide a stable home environment for the child, B. In the summer of 1991 Defendant moved with the child to Louisiana thus making it impossible for Plaintiff to exercise his rights to partial custody of the child under the terms of the agreement referred to ill paragraph 6 above, Defendant moved back to Cumberland County with the child in the summer of 1992 and Plaintiff has been able to form a bond with the child and has seen the child on a regular basis, C, Plaintiff has ohtained information that the Defendant again plans to move to Louisiana with the child on or about June 9, 1996. which would effectively deprive Plaintiff of his right to partial custody of the child, It is Plaintiffs understanding that this move is not related to Defendant's employment, but rather her desire to move inwith her parents, D. The child who is the subject of this Complaint is close with the Plaintiff. his father, and his paternal grandparents who also live in the area. E, Plaintiff has lived in the same residerlce since November 1991 and has lived with his girlfriend, Teresa Lebo, since 1992, They have a three-week old child and can best maintain a family household, the continuing stability of which is in the best interest of the child, F. Plaintiff is best able to provide the care and nurture which the child needs for a healthy development. 8, Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. CUSTODY AGRI!I!MI!NT 9'" 'oy of d p.,./ WII!LAND, here~ referred to THII AGRlIKBNT, 199~, by and between made this STIIVIlN 8. aa Father, and RHONDA J. WIELAND, hereinafter referred to as Mother. WITn.18TII "JUAB, the parties hereto are th(1 parents of a child, namely, ANTHONY I. WIELAND, born Februa~y 8, 1989; and ..IUAI, the parties have separated and intend to live separate and apart from each other for the rest of their livesl and ..IUAB, the parties desire to confirm provisions for custody of the aforesaid child. NOW TUBRlrORI!, considering tha above conditions and circumstances and intending to be legally bound hereby, the parties hereto agree as follows: 1. Father and Mother shall have she red legal custody, care and charge of the said child as prc'ided by the Act of October 30, 1985, P.L. 264, 23 Pa. C.S.A. S 5301 et seq. 2. Mother herein shall have primary physical custody of the child, subject to Father's right to visitation and/or partial custody as set forth herein. 3. Father shall have partial custody of the said child every other weekend with the exact times to be worked out between the parties. 4. Father shall have partial custody of the said child one month during the summer months to commence the summer of 1991. Father shall give Mother at least twenty (20) days' notice of the month he desires to exercise th1,s period of partial custody and if for any reason this is not acceptable to Mother, Mother shall notify Father within five (5) days of receiving notice from Father and the parties shall mutually a~ree to a month which is acceptable to the parties. 5. Father shall have custody of said child on Father's Day of each year and Mother shall have partial custody of said child on Mother's Day of each year, irrespective of whether said day falls on a weekend in which tho other party would otherwise be entitled to custody or partial custody of said child. 6. The parties shall share holidays as the parties mutually agree . 7. Father shall be entitled to such other partial custody as both parties may mutually agree. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties have hereunto set their hands and seals. WITNESS: !It 7 Di-'';;\ , 1tt11.. f ;;tl<!IC:J~/ steven S. wi and (SEAL) .... I I 1 '~ ' . V " ~~ , , -t, Q , ~ ;, (J- .... ~ OQ I ,1'11 "- <;) "() ~ '~ l} ...< 0'" lZ: ... ., tIl< ... " z <> .... 111 ~>J ~ ., .., ~ ~~J " !: "'''' ~ .... <lI 'lZ: ~ 111 ... ~j ~::l .... <lI 0,,", .... 0, '" B ~'" > ~ 3 o..l...... o ..::J; Z ~ ~ -- < < ~ u~:sSu :s ~!a i:l. ... E-< ""' ""' ~ 0 '.... o I <c)"" ... ... ~ ~~is~ o E-< ::> ::> .. u z...1i) ~ ! s ~c- . i '" .., o t;>rt Q<~ u -. z > < <><1 ~ ~ ~ ~ "'''' ~HOO'l ~ 0 "''''E-< :>: ~:> '" . '" '" Z HQO HUUUZ I I, . .. I'I! J,.. .',:, '</' B. In the summer of 1991 Defendant moved with the child to Louisiana thus making it impossible for Plaintiff to exercise his rights to partial custody of the child under the terms of the agreement referred to in paragraph 6 above, Defendant moved back to Cumberland County with the child in the summer of 1992 and Plaintiff has been able to form a bond with the child and has seen the child on a regular basis, C, Plaintiff has obtained information that the Defendant again plans to move to Louisiana with the child on or about June 9. 1996. which would effectively deprive Plaintiff c'lf his right to partial custody of the child, It is Plaintiff's understanding that this move is not related to Defendant's employment. but rather her desire to move in with her parents. D. The child who is the subject of this Complaint is close with the Plaintiff. his father. and his paternal grandparents who also live in the area, E, Plaintiff has lived in the same residence since November 1991 and has lived with his girlfriend. Teresa Lebo. since 1992, They have a three~week old child and can best maintain a family household. the continuing stability of which is in the best interest of the child, F, Plaintiff is best able to provide the care and nurture which the child needs for a healthy development. 8, Each parent whose parental rights to the child have not been terminated and the penon who has physical cusl.ody of the child have been named as parties to this action. CUSTODY ~aRIIKINT ..,. ........... .... th" 9'" .'Y 0' / ...~/ 199~, by and between STIVIH 8. WIlLARD, here~ referred to a. Father, and RHOND~ J. WIELAND, hereinafter referred to as Mother. WITHIlS.IlTIII nIlUA8, the parties hereto are th(, parents of a child, namelY, ANTHONY 8. WIELAND, born Februa~y e, 19891 and nIUAS, the parties have separated and intend to live .eparate and apart from each other for the rest of their livesl and nIUA8, the parties desire to confirm provisions for cU8tody of the aforesaid child. HOW THEUrOR., considering the above conditions and circumstances and intending to be legally bound hereby, the parties hereto agree as follows: 1. Father and Mother shall have shared legal custody, care and charge of the said child as prc:"ided by the Act of October 30, 1985, P.L. 264, 23 Pa. C.S.A. S 5301 et seq. 2. Mother herein shall have primary physical custody of the child, subject to Father's right to visitation and/or partial custody as set forth herein. 3. Father shall have partial custody of the said child every other weekend with the exact times to be worked out between the partie8. 4. Father shall have partial custody of the said child one month during the summer months to commence the summer of 1991. Father shall give Mother at least twenty (20) days' notice of the month he desires to exercise this period of partial custody and if for any reason thill is not acceptable to Mother, Mother shall notify Father within five (5) days of receiving notice from Father and the parties shall mutually a~ree to a month which is acceptable to the parties. 5. Father shall have custody of said child on Father's Day of each year an~' Mother shall have partial custody of said child on Mother's Day of each year, irrespective of whether said day falls on a weekend in which the other party would otherwise be entitled to custody or partial custody of said child. 6. The parties shall share holidays as the parties mutually agree. 7. Father shall be entitled to such other partial custody as both parties may mutually agree. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties have hereunto set their hands and seals. WITNESS: Jiif1IS7!{tfl:lj) Steven S. wi ,and (SEAL)