HomeMy WebLinkAbout00-00623
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BRADLEY S. WEIGLE,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO. ~ - if;)3
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: CIVIL ACTION - LAW
STACEY A. WEIGLE,
: IN CUSTODY
Defendant.
ORDER
AND NOW, this l-\ day of \f" b , 2000, upon
consideration of the attached Complaint, it is hereby directed that the parties and their respective
counsel app~ar before ~~~\~~5~ 1~ the Conciliator, at .:<Pt
\oJ, \--\0\(\,:)\., ~ . on \0t":~ ' the :;)R day
of ""-('('Cjr\.' ..:h::(). a \', ~(, o'clock -o-.m\ for a Pre-Hearing
Custody Conference. At such conference, an effort will be made to r~solve the issues in dispute;
or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to
enter into a temporary Order. All children age five or older may also be present at the conference.
Failure to appear at the conference may provide grounds for entry of a temporary or permanent
Order.
FOR THE COURT,
By ~(/\)..\~~.J\Hr<\~~.
Custody Conciliator C
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
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BRADLEY S. WEIGLE,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. .bvV. G..v~ 1~
v.
: CIVIL ACTION - LAW
STACEY A. WEIGLE,
: IN CUSTODY
Defendant.
COMPLAINT FOR PRIMARY CUSTODY
AND NOW, comes the Plaintiff, BRADLEY S. WEIGLE, by and through his
attorneys, MANCKE, WAGNER, HERSHEY & TOLLY, and files the following
Complaint for Primary Custody:
1. The Plaintiff, BRADLEY S. WEIGLE, is an adult individual currently
residing at 13-A Rebecca Drive, Duncannon, Perry County, Pennsylvania.
2. The Defendant, STACEY A. WEIGLE, is an adult individual who resided
at the Regency Trailer Park, Carlisle, Cumberland County, Pennsylvania from June
of 1999 through November of 1999, and as of December of 1999, has been residing
at Maple Lane, Country Manor Park, Carlisle, Cumberland County, Pennsylvania.
3. The parties are husband and wife and are the natural parents of four
children, Steven Doyle Weigle, born March 26, 1990; Brandon Scott Weigle, born
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August 5,1991; Remington James Weigle, born October 4,1992; and Morgan Kay
Weigle, born July 31,1997.
4. The children were born during wedlock.
5. On August 10, 1999, as a result of a PF A in the Court of Common Pleas
of Perry County, in the absence of the Plaintiff herein, entered an Order giving
temporary custody of the aforementioned children unto the Defendant herein, a copy
of which said Order is attached hereto, incOlporated herein by reference, made a
part hereof, and marked as Exhibit A.
6. The children have resided with the Defendant herein at the addresses
contained in paragraph 2 above since June of 1999, and from time to time, there was
also a male companion, Marty Shear, that resided in the same household.
7. There are no other parties known to the Plaintiff who would have an
interest in the children.
8. Plaintiff believes and therefore avers that it is in the best interest of the
children to provide primary physical custody unto the Plaintiff herein, since he is
able to provide the day to day needs and can serve the best interests and welfare of
the children.
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WHEREFORE, Plaintiff prays this Court to grant primary physical custody of
the children unto the Plaintiff herein.
Respectfully submitted,
Mancke, Wagner, Hershey & Tully
P. Ric Wagner, Esquire
I.D. #23103
2233 North Front Street
Hanisburg, P A 17110
(717) 234-7051
Attorneys for Plaintniff
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VERIFICATION
I verify that the statements made in the foregoing
document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
section 4904, relating to unsworn falsification to authorities.
DATE: I ( ?/ 00
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STACEY A. WEIGL.E
:IN THE COURT OF COMMON PLEAS
:OF THE 41ST JUDICIAL DISTRICT
:OF PENNSYLVANIA-
:PERRY COUNTY BRANCH
:NO. 99-687
:P.F.A.
V.
BRADLEY S. WEIGLE
o R D E R
AND NOW, August 10, 1999, defendant having failed to
II appear in Court this date and this Court being satisfied that
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the allegations in the petition support the issuance of an
Order, it is hereby ORDERED AND DIRECTED as~~ollows:
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jl stalk the plaintiff wherever she may becfound during the pendency:
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The defendant shall not abuse~Sthreaten, harass or
of this Order.
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2.
Defendant is excluded from the:residence at 11 Regency
I Woods North, Carlisle, Pa.
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17013 or any other subsequent
residence, either temporary or permanent, in which the plaintiff
may live for the pendency of this Order.
3.
Except for contact with the minor children as permitted
in paragraph 4 of this Order, defendant is prohibited from
having contact with the plaintiff at any location, including
but not limited to any contact at plaintiff's school, business
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Pa. 17090, except for contact with the minor children as permitter
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Defendant shall not contact I
or place of employment.
Defendant is specifically ordered
to stay away from the following additional locations during
the duration of this Order:
White Oak Inn, Shermansdale,
in paragraph 4 of this Order.
plaintiff by telephone or any other means, inCluding through
a third party.
4. Plaintiff is awarded temporary custody of the following
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minor children: Steven D. Weigle, Brandon S. Weigle, Remington
J. Weigle, and Morgan K. Weigle. Defendant's contact with
the children shall be determined through the divorce action
and custody action filed by the defendant since defendant
was not present at the hearing today.
5.
This Order shall remain in effect for a period of
(1) year to date from this date.
6.
Defendant's date of birth is 4-18-61 and defendant's
security number is
193-58-3977.
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A copy of this Order shall be provided to local law enforcement
agencies for enforcement of this Order.
cc:
P)-aintiff
vl5efendant
PSP
Police Force
Sheriff
File
JUDGE
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WE 0,0 HEREBY CERTIFY THAT
THE WITHIN IS A TRUE AND COR.
RECT COPY OF THE ORIGINAL
FILED IN THIS ACTION
BY
ATTORNEY
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LAW OFFICES
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MANCKE, WAGNER, HERSHEY & TUPffi 0 4 2000 'w
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A WRITTEN RESPONSE TO T~E
ENCCOSED
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-..MAY ft ENTERED AG4lNST YOU
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BRADLEY S. WEIGLE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
: NO. 00-623
CIVIL TERM
:
STACEY A.
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WEIGLE,
Defendant
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CIVIL ACTION - LAW
IN CUSTODY
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ORDER OF WJRT
AND liDII, this ~ day of
upon consideration of the attached Custody
ordered and directed as follows:
A?r,l
Conciliation
, 2000,
Report, it is
1. The parties shall submit themselves, their minor Children and any
other individuals deemed .necessary by the evaluator to a custody evaluation
to be performed by a professional selected by agreement of the parties and
counsel. The purpose of the evaluation shall be to obtain independent
professional recommendations concerning custody arrangements which will
best serve the interests of the Children. The Father shall be responsible
for payment of the evaluation costs up to the amount of $2250.00 and the
Mother shall be responsible to pay any costs of the evaluation exceeding
$2250.00.
2. Pending further Order of Court or agreement of the parties, the
Mother shall have primary physical custody of the Children and the Father
shall have partial physical custody on alternating weekends from Friday at
5:00 p.m. through Sunday at 5:00 p.m., beginning April 7, 2000. In
accordance with this schedule, the Father shall have custody of the
Children on Easter Sunday until 5:00 p.m. in 2000.
3. The Father shall be responsible to provide transportation for all
exchanges of custody, unless otherwise agreed between the parties. In the
event the Father is unable to provide transportation personally due to
exigent circumstances, the Father shall provide advance notice to the
Mother as to who will be transporting the Children. The individual
providing transportation for the exchange of custody shall remain in his or
her car and the Mother shall remain in her residence during the exchange.
Exchanges of custody shall be conducted in a civil and cooperative manner
at all times for the Children's benefit.
4. Upon completion of the evaluation, and in the event the parties
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are not at that time able to reach an agreement as
arrangements, counsel for either party may contact
schedule an additional CUstody Conciliation Conference.
to ongoing custody
the Conciliator to
BY THE COURT,
J.
cc: P. Richard wagner, Esquire - Counsel for Father
Kathy A. Morrow, Esquire - Counsel for Mother
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BRADLEY S. WEIGLE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. . NO. 00-623 CIVIL TERM
.
:
STACEY A. WEIGLE, . CIVIL ACTION - LAW
.
Defendant . IN CUSTODY
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CUSlWY COOCILIATIOO SOMMARY REPORT
IN ACCOODANCE WITH CUMBERLAND <XXlNTY RULE OF CIVIL PROCEDURE
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
DATE OF BIRTH
CORRENTLY IN CUSTODY OF
Steven Doyle Weigle
Brandon Scott Weigle
Remington James Weigle
Morgan Kay Weigle
March 26, 1990
August 5, 1991
October 4, 1992
July 31, 1997
Mother
Mother
Mother
Mother
2. A Conciliation Conference was held on March 28, 2000, with the
following individuals in attendance: The Father, Bradley S. Weigle, with
his counsel, P. Richard Wagner, Esquire, and the Mother, Stacey A. Weigle,
with her counsel, Kathy A. Morrow, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
fYlw. c).. cJ. 'l, ~ 000
Date
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Dawn S. un ay, Esquir
Custody Conciliator
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MORGAN L. JOHNSTON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 2000-627 CIVIL TERM
:
WILLIAM FARLING, . CIVIL ACTION - LAW
.
Defendant :
: CUSTODY
aIDER OF COORT
AND N<l'l, this '-I -
upon consideration of the attached
ordered and directed as follows:
day of .41''''' I
CUstody Conciliation
, 2000,
Report, it is
1. The Mother, Morgan L. Johnston, and the Father, William Farling,
shall have shared legal custody of William Travis Farling, born July 4,
1994. Each parent shall have an equal right, to be exercised jointly with
the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions
regarding his health, education, and religion.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child every
weekend from Friday between 5:00 p.m. and 5:30 p.m. through Sunday at 9:00
p.m. Notwithstanding the foregoing, the Mother shall be entitled to have
custody of the Child for up to 4 weekends per year from Friday through
Monday upon providing at least 2 weeks advance notice to the Father.
4. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. CBRISTMAS: In even numbered years, the Mother shall have
custody of the Child on Christmas Eve from 9:00 a.m. until
9:00 p.m. and the Father shall have custody from Christmas Eve
at 9:00 p.m. through Christmas Day at 9:00 p.m. In odd
numbered years, the Mother shall have custody of the Child
from Christmas Eve at 9:00 a.m. through Christmas Day at 11:00
a.m. and the Father shall have custody on Christmas Day from
11:00 a.m. through 9:00 p.m.
B. THANKSGrvING DAY/EASTER: The Father shall have custody of the
Child every year on Thanksgiving Day and Easter Sunday from
9:00 a.m. until 9:00 p.m.
C. MEMORIAL DAY/I.AB(Jl DAY: The Father shall retain custody of
the Child from his regular periods of custody through Memorial
Day and Labor Day at 9:00 p.m.
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D.
CHlLD'S BIRTHDAY (JULY 4th): The Mother shall have custody of
the Child on the Child's birthday in even numbered years and
the Father shall have custody of the Child on the Child's
birthday in odd numbered years from 9:00 a.m. until 9:00 p.m.
E.
MOTHER'S DAY/FATHER'S DAY: The Father shall have custody of
the Child every year on Father I s Day through the end of his
regular period of weekend custody. The Mother shall have
custody of the Child every year on Mother's Day beginning at
2:00 p.m.
F. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
5. The Father shall be entitled to have custody of the Child for an
uninterrupted 9 day period for summer vacation each year upon providing 2
weeks advance notice to the Mother. The Father's period of custody under
this provision shall run from Friday evening through Sunday of the
following week.
6. Unless otherwise agreed between the parties, the party
tranSferring custody of the Child to the other party shall be responsible
to provide transportation for the exchange of custody. The Father shall
ensure that the Child is ready for bed at the conclusion of the Father I s
periods of custody when the return time is 9:00 p.m. and the Child has
school the following day.
7. 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 <XiURT,
AIL
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cc:
Charles E. Petrie, Esquire - Counsel for Mother
william Farling, Father
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MORGAN L. JOHNSTON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 2000-627 CIVIL TERM
.
.
WILLIAM FARLING, : CIVIL ACTION - LAW
Defendant :
. CUSTODY
.
CUSTODY CONCILIATIOO SUlIIMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COONTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CllRRENTLY IN CUSTODY OF
william Travis Farling
July 4, 1994
Mother
2. A Conciliation Conference was held on March 29, 2000, with the
following individuals in attendance: The Mother, Morgan L. Johnston, with
her counsel Charles E. Petrie, Esquire and the Father, William Farling, who
is not represented by counsel in this matter.
3. The parties agreed to entry of an Order in the form as attached.
!l10Ad- ~,.,;)ed)
Date
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Dawn S. Sunday, Esquire
Custody Conciliator