HomeMy WebLinkAbout00-01883
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
ROBERT VIDAL,
Plaintiff,
CIVIL ACTION - LAW
vs.
NO. D-6. J? f3 e.u,U I kV-
CHERYL WATTS,
Defendant.
IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of March, 2000, upon consideration of the
attached complaint, it is hereby directed that the parties and their respective coun~t;!
appear before \\.h(:\\, Y.. ,C"')~ \ f'O-.-\ ,e:;"q ~ ' the conciliator, at ~1:... L\,'i""
~C~m6.(SJ.. (o..x~S-c....dn the i day of 0:...... 11 ,2000,
at _IQ; 30 A. M., for a Pre-Hearing Conference. At such conference, an effort
will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme
and narrow the issues to be heard by the court, and to enter in to a temporary order. All
children 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.
BY THE COURT,
~~~\)r~\ "X.AJdnOCJ%
Custody Conciliator (~:)
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
schedule conference 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, P A
Telephone Number 717-249-3166
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA 17257-1397
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ROBERT VIDAL,
Plaintiff,
CIVIL ACTION - LAW
vs.
NO. f>-o. Ifr3 ~ 'Lv-
CHERYL WATTS,
Defendant.
IN CUSTODY
COMPLAINT FOR CUSTODY
I. The Plaintiff is Robert Vidal, presently residing at 2413 Letterkenny Road,
Chambersburg, Franklin County, Pennsylvania 17201.
2. The Defendant is Cheryl Watts, presently residing at Safe Harbour, 102 West
High Street, Carlisle, Cumberland County, Pennsylvania 17013.
3. Plaintiff seeks custody of the following child:
NAME
Taylor Soule
PRESENT RESIDENCE
Safe Harbour, 102 West High Street
Carlisle, Cumberland County, P A 17013
AGE
4 months
The child was born out of wedlock.
The child is presently in the custody of Cheryl Watts, who resides at Safe
Harbour, 1 02 West High Street, Carlisle, Cumberland County, Pennsylvania 17013.
During the past five years, the child has resided with the following persons and at the
following addresses:
NAME
Cheryl Watts, Mother
Michael Soule
Jordan Soule
ADDRESS
Safe Harbour, 102 West High Street
Carlisle, Cumberland County, PA 17013
DATE
12/99- present
The mother of the child is Cheryl Watts, currently residing at Safe Harbour, 102
West High Street, Carlisle, Cumberland County, Pennsylvania 17013. She is single.
The father of the child is Robert Vidal, currently residing at 2413 Letterkenny
Road, Apartment lB, Chambersburg, Franklin County, Pennsylvania 17201, since
February 2000, He is single.
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG. PA 17257-1397
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4. The relationship of Plaintiff to the child is that off ather. The Plaintiff currently
resides with the following persons:
NAME
Pauline McMullen
Aaron Novak
RELATIONSHIP
girlfriend
Pauline McMullen's son
5. The relationship of Defendant to the child is that of mother. The Defendant
currently resides with the following persons:
NAME
Michael Soule
Jordan Soule
RELATIONSHIP
son
son
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.
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 because Defendant is an unfit mother and based upon her actions With
regard to her other children Plaintiff avers that:
a. Defendant does not maintain a clean and sanitary environment for the
child.
b, Defendant does not provide proper meals.
c. Defendant does not properly supervise the children.
d. Two of Defendant's children were removed from the home by Children
and Youth Services. One child is in the care and custody of the Defendant's sister.
Plaintiff is better able to provide a suitable and stable home for the child.
8. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child has been named as parties to this action.
All other persons, named below, who are known to have or claim a right to custody or
visitation of the child will be given notice of the pendency of this action and the right to
intervene:
NAME
None
ADDRESS
BASIS OF CLAIM
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA 17257-1397
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WHEREFORE, Plaintiff requests the Court to grant both legal and primary residential
custody of the minor child, Taylor Soule, to the Plaintiff, Robert Vidal.
WEIGLE, PERKINS AND ASSOCIATES
By: g~ (YO~
David P. Perkins, Esquire
Attorney for Plaintiff
LD.# 34342
126 East King Street
Shippensburg, PA 17257
717-532-7388
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA 17257.1397
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I verify that the statements made in the foregoing Complaint for Custody are
true and correct. I understand that fulse statements herein are made subject to the
penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities.
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Robert Vidal
Dated:
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VERIFICATION
1,110
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MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW _ 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
ROBERT VIDAL,
CIVIL ACTION - LAW
Plaintiff,
vs.
NO. 0-0 - / S' f3 ~0. -r:b-
CHERYL WATTS,
Defendant.
IN CUSTODY
PRAECIPE TO PROCEED IN FORMA P AUPERlS
To the Prothonotary:
Kindly allow, Plaintiff, Robert Vidal, to proceed in forma pauperis.
I, David P. Perkins, attorney for the party proceeding in forma paueris, certify that I
believe the party is unable to pay the costs and that I am providing free legal services to
the party. The party's affidavit showing inability to pay the costs oflitigation is attached
hereto.
Q~~
David P. Perkins, Esquire
Attorney for Plaintiff
Attorney LD. #34342
126 East King Street
Shippensburg, P A 17257
717-532-7388
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
ROBERT VIDAL,
CIVIL ACTION - LAW
Plaintiff,
vs.
NO. 0-0 . / Y U ~ 7;-<-0
CHERYL WATTS,
Defendant.
IN CUSTODY
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA P AUPERlS
1. 1 am the Plaintiff in the above matter and because of my financial
condition am unable to pay the fees and costs of prosecuting, defending, or appealing the
action or proceeding.
2. I am unable to obtain funds from anyone, including my family and
associates, to pay the costs oflitigation.
3. I represent that the information below relating to my ability to pay the fees
and costs is true and correct.
(a) Name: Robert Vidal
Address: 2413 Letterkenny Road, Apartment IB, Chambersburg,
Pennsylvania 17201
(b) Social Security Number: 170-56-6588
If you are presently employed, state
Employer: Manpower
Address: 106 Western Parkway, Hagerstown, Maryland 21740
Salary: approximately $8/hour starting in April
Type of work: Laborer
(c) Other income within the past twelve months
Employer: McDonald's
Address: 3347 Black Gap Road, Chambersburg, Pennsylvania 17201
MARK, WEIGLE AN~ PERKINS - ATTORNEYS AT LAW _ 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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Salary or wages per month: approximately $600/month
Type of Work: fast food crew person
Other self-employment: none
Interest: none
Dividends: none
Pension and annuities: none
Social Security Benefits: none
Support Payments: none
Disability Payments: none
Unemployment Compensation and
Supplemental Benefits: none
Workman's Compensation: none
Public Assistance: none
Other: none
(d) Other Contributions
Wife Name: none
Girlfriend: Pauline McMullen
Employer: Ross Distribution
Address: Carlisle, Pennsylvania
Salary or wages per month: $500 every two weeks
Type of work: laborer
Contributions from children: nI a
MARK, WEIGi-E AND PERKINS - ATTORNEYS AT LAW _ 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
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(e) Property owned
Cash: $20.00
Checking Account: approximately $50.00 (for medical only)
Savings Account: none
Certificates of Deposit: none
Real Estate (including home): none
Motor vehicle: Make none
Year
Cost
Amount owed
Stocks; bonds: none
Other:
(f)
Debts and Obligations
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Mortgage: n/a
Rent: $275.00/month
Loans: none
Monthly Expenses: approximately $235.00
(g) Persons dependent upon you for support
Wife Name:
Children, if any
Name
Taylor Soule
Age
3 months
4. 1 understand that I have a continuing obligation to inform the court of
improvement in my financial circumstances which would permit me to pay the costs
incurred herein.
MARK, WEIGLE AND PERKINS - ATTORNEY$ AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA 17257-1397
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5. I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
4904, relating to unsworn falsification to authorities.
Date:
7>/27/00
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MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA 17257-1397
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COlUNTY,
PENNSYLVANIA
ROBERT VIDAL,
Plaintiff,
CIVIL ACTION - LAW
vs.
NO. 00-1883 Civil
CHERYL WATTS,
Defendant.
IN CUSTODY
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF CUMBERLAND
Rhonda Wolford, being duly sworn according to law, deposes and says that on
April 10, 2000, she served true and attested copies of Complaint for Custody together
with Order of Court upon the Defendant, Cheryl Watts, by mailing the same postage
paid, certified mai~ addressee only, and return receipt requested, at Shippensburg,
Pennsylvania, addressed as follows:
Rhonda Wolford
Sworn to and subscribed before
me this 14th day of April, 2000.
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Notary Public
l ~ Seal
.1 Unda K. KIeIrl. NoIaJy PublIc
~flA CIIIIllerIlInd ColIIIy
My c:onunIssIan ExpIres August 15, l!GIlO
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW ~ 126 EAST KING STREET _ SHIPPENSBURG, PA 17257-1397
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT VIDAL,
CIVIL ACTION - LAW
Plaintiff,
vs.
NO. 2000-1883 CIVIL
CHERYL WATTS,
Defendant.
IN CUSTODY
ORDER OF COURT
~
NOW, Alc~ I , 2000, upon consideration of the within Stipulation and
Agreement, it is hereby ordered as follows:
I. Robert Vidal and Cheryl Watts shall have shared legal custody of the child, Taylor Soule,
born December 23, 1999.
2. Physical custody shall be handled as follows:
A. Father shall have physical custody of the minor child every other week from
Sunday at 7:00 p.m. until the following Sunday at 7:00 p.m., commencing on
Sunday, October 8, 2000.
B. Mother shall have physical custody of the minor child every other week from
Sunday at 7:00 p.m. until the following Sunday at 7:00 p.m., commencing on
Sunday, October 15, 2000.
C. Father shall handle transportation for exchange of custody. Father shall ensure
that he has appropriate child restraints in his vehicle for transportation.
3. The parties shall alternate physical custody of the child on the following holidays with
the times of pick up and return to be mutually agreed upon by the parties:
A. In the even numbered years, father shall have physical custody of the minor child
on the following holidays: New Year's Day, Memorial Day, Labor Day,
Thanksgiving Day, and Christmas Day.
B. In the even numbered years, mother shall have physical custody of the minor
child on the following holidays: Easter, 4th of July, Trick or Treat, the child's
birthday and New Year's Eve.
WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, 'PA 17257~1397
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C. In odd numbered years, father shall have physical custody of the minor child on
the following holidays: Easter, 4th of July, Trick or Treat, the child's birthday, and
New Year's Eve.
D. In odd numbered years, mother shall have physical custody of the minor child on
the following holidays: New Year's Day, Memorial Day, Labor Day,
Thanksgiving Day, and Christmas Day.
4. The parties shall share time with the minor child on the child's birthday, at such times as
the parties mutually agree.
5. The father shall have physical custody of the minor child on Father's Day and mother
shall have physical custody of the minor child on Mother's Day.
6. The parties shall not smoke in the presence of the child. The parties shall not permit
other individuals to smoke while in the presence of the minor child.
7. Both parties shall share all medical information conceming the child and shall keep the
non-custodial parent advised with respect to any medical emergencies. The mother is
directed to provide father with any details of the child's dietary needs or restrictions.
8. Father shall transport the child to and from mother's residence in Carlisle. In the event
mother is working, Father shall pick up and deliver the child to the child caregiver in
accordance with any instructions given by the mother. The present child caregiver "is
Tressler Lutheran located at 21 South Bedford Street, Carlisle, Pennsylvania.
By the Court,
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J.
WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT VIDAL,
CIVIL ACTION - LAW
Plaintiff,
VS.
NO. 2000-1883 CIVIL
CHERYL WATTS,
Defendant.
IN CUSTODY
STIPULATION AND AGREEMENT
This Stipulation and Agreement is made this 4"""' day of ad\) 'o~.- , 2000, by and
between Robert Vidal of 2413 Letterkenny Road, Apartment 1B, Chambersburg, Franklin County,
Pennsylvania, (hereinafter referred to as "Father") and Cheryl Watts of Carlisle, Cumberland County,
Pennsylvania, (hereinafter referred to as "Mother").
1. Robert Vidal and Cheryl Watts are the natural parents of Taylor Soule, born December
23, 1999, hereinafter referred to as "the child."
2. Robert Vidal and Cheryl Watts were not married at the time of the birth of the child.
3. Robert Vidal has initiated a custody action with the Cumberland County Court and the
parties are currently subject to a temporary Order of Court and Directive for Conciliation
dated June 8, 2000.
4. The parties desire to continue generally the custody conciliation scheduled for Friday,
September 8, 2000, at 8:30 a.m.
5. The parties have reached an agreement with regard to the custody of the child, Taylor
Soule, and desire to reduce their agreement to an Order of Court.
NOW THEREFORE, the parties intending to be legally bound and waiving their right to be
present when this Agreement and Order are presented and executed hereby stipulate and agree that the
Court may enter the following Order of Court in the above-captioned case:
ORDER OF COURT
NOW, , 2000, upon consideration of the within
Stipulation and Agreement, it is hereby ordered as follows:
1. Robert Vidal and Cheryl Watts shall have shared legal custody of the child,
Taylor Soule, born December 23,1999.
WEIGL-E, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397
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2. Physical custody shall be handled as follows:
A. Father shall have physical custody of the minor child every other week from
Sunday at 7:00 p.m. until the following Sunday at 7:00 p.m., commencing on
Sunday, October 8, 2000.
B. Mother shall have physical custody of the minor child every other week from
Sunday at 7:00 p.m. until the following Sunday at 7:00 p.m., commencing on
Sunday, October 15,2000.
C. Father shall handle transportation for exchange of custody. Father shall
ensure that he has appropriate child restraints in his vehicle for
transportation.
3. The parties shall alternate physical custody of the child on the following holidays
with the times of pick up and return to be mutually agreed upon by the parties:
A. In the even numbered years, father shall have physical custody of the
minor child on the following holidays: New Year's Day, Memorial Day,
Labor Day, Thanksgiving Day, and Christmas Day.
B. In the even numbered years, mother shall have physical custody of the
minor child on the following holidays: Easter, 4th of July, Trick or Treat,
the child's birthday and New Year's Eve.
C. In odd numbered years, father shall have ghysical custody of the minor
child on the following holidays: Easter, 4 of July, Trick or Treat, the
child's birthday, and New Year's Eve.
D. In odd numbered years, mother shall have physical custody of the minor
child on the following holidays: New Year's Day, Memorial Day, Labor
Day, Thanksgiving Day, and Christmas Day.
4. The parties shall share time with the minor child on the child's birthday, at such
times as the parties mutually agree.
5. The father shall have physical custody of the minor child on Father's Day and
mother shall have physical custody of the minor child on Mother's Day.
6. The parties shall not smoke in the presence of the child. The parties shall not permit
other individuals to smoke while in the presence of the minor child.
WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
7. Both parties shall share all medical information concerning the child and shall
keep the non-custodial parent advised with respect to any medical emergencies.
The mother is directed to provide father with any details of the child's dietary
needs or restrictions.
8. Father shall transport the child to and from mother's residence in Carlisle. In the event
mother is working, Father shall pick up and deliver the child to the child caregiver in
accordance with any instructions given by the mother, The present child caregiver is
Tressler Lutheran located at 21 South Bedford Street, Carlisle, Pennsylvania.
By the Court,
J.
The parties further agree that, in procuring this Agreement, there has been no fraud,
concealment, overreaching, coercion, or other unfair dealing on the part of the other.
IN WITNESS WHEREOF, the parties, intending to be bound by the terms and conditions of this
agreement, execute this Agreement by signing below.
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ROBERT VIDAL
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Witness
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WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
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I verify that the statements made in this Stipulation and Agreement are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Dated:
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ROBERT IDAL
I verify that the statements made in this Stipulation and Agreement are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
falsification to authorities.
Dated: /() -:J y -00
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CHER ATTS
WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397
I
NOV 2 0 2000roo
ROBERT VIDAL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
CHERYL WATTS,
Defendant
NO. 2000 - 1883 CIVIL
IN CUSTODY
COURT ORDER
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AND NOW, this jfJ day of November, 2000, the Conciliator being advised that the parties
have reached an agreement, the Conciliator relinquishes jurisdiction.
BY THE COURT,
J.
Kevin A. Hess
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