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Home My WebLink About00-02475 '~- JULIE A. McCLOSKEY Plaintiff Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- 011/75 CIVIL TERM IN CUSTODY JERON C. WEAVER Defendant ORDER OF COURT fL ~ AND NOW THIS X day of , 2000, upon consideration of the attached co..mPlaint, it i h,ereby directed tha~ he parties and their respective ~~I a~rAa(befOre v/t.M.. S', the conciliator at it. .......zV:.;,,~{o.-. (;,.('ow~n the day f 0 ,2000 aL'3:ro .lP.M., for a Pre-Hearing Custody Conference. At such nference, 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 permanent order. BY THE COURT, BY 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 OF 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 ",,>.', , __ ~, ,~_ 'v"~"_'",,, "_~' - ~ tf d? -00 /fdt 'O(J 'ICl4> [.'} tJ "-~, ~ ,- _'d '''- - ,,~; n(J' U',' -,./ w' 1"'., ", I:'... . f}. r-)'" ,'t. :)0 "'UI'"'' , L Ui;-<-~ !-:'--t",j-.,ii; t 'i-':I '~'\ilV :::::::'" ;' '''-->' -...-".,)l.,oj < I . l"tNI\JSYLV/\I'JI,,\ w. ~ ~ .~~ CJ~ ~~~'~. ~~~ ~~#,.~ "^'-=',.,.'-- -M_ ",_ " .. -~ ,,~ ,~ " ., .~~_~~~~!J_" _,._p_.-_ JULIE A. McCLOSKEY Plaintiff Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- ;/ 'I7~/ CIVIL TERM JERON C. WEAVER Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Julie A. McCloskey, an adult individual, currently residing at 7073 Carlisle Pike, Lot 138, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Jeron C. Weaver, an adult individual, currently residing at 1999 Ritner Highway, Apt. A, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks custody of the following child: Jadyn Rebecca McCloskey, age 2 years, born 2/11/98. The child was born out of wedlock. The child is presently in the custody of the Plaintiff. During the past five years, or since the child's birth, she has resided with the following persons at the following addresses: (a) from February 1999 to the present with the Mother and the maternal Grandparents, Carl and Rebecca McCloskey at 7073 Carlisle Pike, Lot 138 Carlisle, PA. (b) from birth to February 1999 with the parties at two different locations in Cumberland County. IJ -- ~ i The natural Mother of the child is Julie A. McCloskey. She is unmarried. The natural Father of the child is Jeron C. Weaver. He is unmarried. 4. The relationship of the Plaintiff to the child is that of natural Mother. The Plaintiff currently resides with her parents. 5. The relationship of the Defendant to child is that of natural Father. The Defendant resides with Nicole Martin and Wendy Kilchewski. 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. :1 I pending in a court of this Commonwealth. Plaintiff has no information of a custody proceeding concerning the child 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: (a) The Mother has been the primary caretaker of the child since her birth and is capable of providing the care a child needs. (b) The Mother is concerned about the safety of her daughter while in the Father's home. The Father is frequently unemployed and only recently became '~--",;_ ;-, _ 'w'< -'~ employed. Recently the Father's car had two tires slashed and two windows broken. The Mother desires that any overnight visits with the Father occur at his parents' homes until such time as the Father has a home suitable for overnight visits with Jadyn. 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. 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 ADDRESS BASIS OF CLAIM None WHEREFORE, Plaintiff requests your Honorable Court to: A) grant custody of the child to the plaintiff; B) set an emergency hearing in order to set the parties rights until such time as there can be a full hearing in this matter; C) grant such other relief as is just and in the best interest of the child. Respectfully submitted, Date:~ ~ ~'AN3^- Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 Ii ~"; I verify that the statements made in the foregoing Complaint for Custody 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. 9~~~61~~ JULl~ A. McCLOSKEY DATE: L.\ r [3 ~ DO robJdom/mccloskey.com Ii ."~ " ,".- ~~ "r,;:: .- \ JULIZu'1 JULIE A. McCLOSKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JERON C. WEAVER Defendant NO. 2000 .2475 CIVIL IN CUSTODY COURT ORDER AND NOW, this /3Yt- day of July, 2000, upon Conciliation Report, it is ordered and directed as follows: consideration of the attached Custody 1. The Mother, Julie A. McCloskey, and the Father, Jeron C. Weaver, shall enjoy shared legal custody of Jadyn Rebecca McCloskey, born February 11, 1998. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of physical custody of the minor child as follows: A. On alternating weekends from Friday evening until Sunday evening. B. At such other times as agreed upon by the parties. 4. The parties shall share custody on all major holidays by splitting the days pursuant to a schedule agreed upon by the parties. 5. The Father shall always have custody on Father's Day and the Mother shall always have custody on Mother's Day. 6. This Order is entered in recognition of the fact that Father was unrepresented at the Custody Conciliation Conference. In the event Father desires to modify this Order, Father may retain legal counsel and his attorney may contact the Conciliator directly to arrange another Custody Conciliation Conference. 7. Father's periods of overnight custody with the minor child shall take place at the Paternal Grandmother's home. In the event Father relocates and desires to exercise overnight time with the child at a location other than his Mother's home, Father must notify Mother in advance at which time Mother may seek a modification of this Order as required. =- .'", ~ l' "~' , 8. In the event either party takes the child over night out of the Carlisle area, they must notify the other parent in advance and provide a phone number and address. J. cc: Robert L. O'Brien, Esquire Jeron C. Weaver 527 North Bedford Street Carlisle, P A 17013 ;~~ 1./3- tJV r' , , ,<v' 1 "II !'I')-O':FVT """""":' "'~';"'l'JI'Y OF :-'__': N );\\) Ai rH1 III' I :j' p; ". C' I ....... ..... ~,L i I I..... ..1 ~ ~ 'I ",... .., ", C'~U'~'TY I _~ I I,',.-d-""L 1.,\" ( (]", vv V I.."~, L r~ .,.... ~, PEi'-lNSYl.:Jf\NIA / ~" <0....""'....- ii!f!'ll"~~""7 'r '~_' '~'T"_' KJ~I"IlP'!~~T'W",~~"';''';rl'ff1H!'!I$)lRlll\l!eIl~m"_,,,_. ,,",. ~_~~J!W _~"",""~u_,,,~,,fl!IlllIiIll , " "",-. ....., . JULIE A. McCLOSKEY, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 2475 CIVIL IN CUSTODY JERON C. WEAVER, Defendant Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subj ect of this litigation is as follows: JOOyn Rebecca McCloskey, born February 11, 1998. 2. A Conciliation Conference was held on July 6, 2000, with the following individuals in attendance: The Mother, Julie A. McCloskey, with her counsel, Robert 1. O'Brien, Esquire; and the Father, Jeron C. Weaver, who appeared without counsel. 3. The parties agree to the entry of an order in the form as attached subject to the notation that Father did not appear at the Conciliation with counsel and Father reserves the right to ask for another Conciliation Conference once he has had an opportunity to review the matter with legal counsel. Hubert X. Gilroy, Esq . Custody Conciliator I} frI O~ DA {}/I; L. 1,--- '~ - .(,,~Ci' v. l-lI~:f. 2 Lon'! : IN THE COURT OF COMMON P . , : CUMBERLAND COUNTY, PENNSYLV: : NO. 2000-2475 CIVIL JULIE A McCLOSKEY, Plaintiff JERON C. WEAVER, Defendant : CIVIL ACTION - CUSTODY ORDER AND NOW this 3-' day of IVl ~ ,2002, after review of the attached Stipulation for Custody, it is hereby ORDERED AND DECREED as follows: 1. Julie A McCloskey (hereinafter referred to as "Mother") shall have primary physical and legal custody of the parties' minor child, Jadyn Rebecca McCloskey, born February 11, 1998. 2. When Jeron C. Weaver (hereinafter referred to as "Father") is home on leave or otherwise able to spend time with his daughter, Father shall have partial physical custody as the parties may agree. 3. During any period of custody or partial custody the parties to this Order shall not possess or use any controlled substance, except under a doctor's care, and shall not consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 4. Each parent shall be entitled to reasonable telephone contact with the minor ... - ~, .' child when in the custody of the other parent. 5. The parties shall refrain from making derogatory comments about the other parent in the presence of the minor child and to the extent possible shall prevent third parties from making such comments in the presence of the minor child. J. ~ ~::&: ~"""kJ~ -'h~~l ~ Fme.~ .sifRlo~ ;h> p. ~~ ^.""'~'"'^' ," .~- ,."""""'''"'' -~. Tf,'_~""""'_" ~_ ~ ",-'. , ~, "" =-',,",~" , ~. -~-.~ .~ - -,,-~-~~ OF 0' 1.:11'/ '''~ 101-1 I " 1';'/" "ii I'!' Q ~~ Gill ,-, -UV"l.<;'"."..'i': - ''''':;'",: iU '" '-,'!---,' ; 'f"~,; '.\1'"1\; PLi\lt. i'"'I-'") "-'''-'~.JI''' I L" ~I\\) 'fJ.}~~,'\':;" 'I ,,"',', ,T".",..".,"~_~~!%~~1~;I'~~!~~ -.. . " ..- ~ .<- , 'j,1 JULIE A McCLOSKEY, Plaintiff v. : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2475 CIVil.. JERON C. WEAVER, Defendant : CIVil.. ACTION - CUSTODY STIPULATION FOR CUSTODY The parties hereto, the parents of one minor child, having reached agreement with regards to the best interest and welfare of their minor child, hereby stipulate and agree as follows: 6. The parties agree that Julie A McCloskey (hereinafter referred to as "Mother") shall have primary physical and legal custody of the parties' minor child, Jadyn Rebecca McCloskey, born February 11, 1998. 7. The parties acknowledge that Defendant is enlisting in the Air Force and as such will not the ability to care for the parties' daughter. 8. The parties agree that when he is home on leave or otherwise able to spend time with his daughter, Jeron C. Weaver (hereinafter referred to as "Father") shall have partial physical custody as the parties may agree. 9. The parties agree that during any period of custody or partial custody the parties to this Order shall not possess or use any controlled substance, except under a doctor's care, and shall not consume alcoholic beverages to the point of intoxication. The parties agree to likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 10. The parties agree that each parent shall be entitled to reasonable telephone contact with the minor child when in the custody of the other parent. 11. The parties agree to refrain from making derogatory comments about the other parent in the presence of the minor child and to the extent possible shall prevent third parties from making such comments in the presence of the minor child. 12. The parties agree that this Stipulation shall be submitted to the appropriate Court for entry as an Order. IN WITNESS WHEREOF, the parties hereto and their respective counsel have entered into this Stipulation on the dates indicated. ~~I.) fVCC\b~h/ JUL A McCLOSKEY I Dated: ~~ Da : ora . Blair, Esquire Attorney for Plaintiff Dated: ~ . . COMMONWEALTH OF PENNSYLVANIA COUNTYOF CuMbtr~ On this, the /s;: day of B 0' / ". J~ _ , :ss. , 2002, before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared Julie A. McCloskey, known to me to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have her to set my hand and official seal. NOTARIAL SEAL DAWN M. SHUGHART, Notary Public Carlisle, Cumbe~and County Commisslon~xpires Nov. 28, 2002 ) Notary Public -',,-- " , -, ~ .it;~! . , COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF On this, the IS;: day of ~pn' I ,2002, before me a Notary Public of the Commonwealth of Pennsylvania personally appeared Jeron C. Weaver, known to me to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public NOTARIAL SEAL DAWN M. SHUGHART, Notary Pubfic Carlisle, Cumberland County My Commission Expires Nov. 28, 2002 :~'.t'f--~r.~fiM~IlIi!l!~_l1l\l1..'&l'!i!i'&illii'H~~~-;;j'r >< -~~ .., .".- '~, -~ , ~- " . "";"ilIMir'i'~""""'_ --..,........" ,""'...& ~ " !< - - > ~- , , [1;, ,-", 0 CC) () C f'.) -n "~~ ::c~ -Dn; """':J do:! S2 ~J:_~ 7:J . ,"'-- '7 L W ~"il ~ :-1 0 l' r< C) C) " -r, ):'" C) =r: C~?~ z n '"' '_0 N (::;ffi - (= ~ ;::- 5.;: :JJ .0 .< " ~ ,-"- ~, ~"' .,~ ,"-