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HomeMy WebLinkAbout00-03060 ,~" - ~ - . DAVID E, WELLER and SANDRA WELLER, Plaintiffs! Respondents :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :No,OO-3060 CIVIL TERM V, DONALD WELLER Defendant SANDRA LAWYER, Defendant! Petitioner :CUSTODY ORDER OF THE COURT AND NOW, this ILI~ ..., day of September, 2000, upon consideration of the attached petition to transfer venue to Franklin County, a Rule is issued upon David Weller and Sandra Weller to show cause why the relief requested should not be granted, The Rule is returnable at a counsel in chambers on the 2.7 ~ day of September, 2000, at /:;10 I'm, By the Court, Peter J. Russo, Esquire For the PlaintiffslRespondents .~ / ,Hess, J. Joan Carey, Esquire For the Defendant!Petitioner COpfC3 (y]a'led 1'- /LI-OO - " .1'~ \-, \.:! ji :1 il ~ :1 ~ ,i II I I i I i , I I I 'I" ,I I I I I I I I il I I I II , " " ~ " ,-,~ ] -_1:: . DAVID E. WELLER and SANDRA WELLER, Plaintiffs/ Respondents :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :No, 00-3060 CIVIL TERM v. DONALD WELLER Defendant SANDRA LAWYER, Defendant! Petitioner :CUSTODY PETITION TO TRANSFER ACTION TO FRANKLIN COUNTY Petitioner, Sandra Lawyer, by and through her counsel, Joan Carey of Legal Services, Inc" states the following: I, Petitioner is the above-named Defendant, Sandra Lawyer, hereinafter referred to as the mother, who resides in Franklin County at 134 W, Catherine Street, Chambersburg, Pennsylvania 17201, 2, Respondents are the above-named Plaintiffs, David E, Weller and Sandra Weller hereinafter referred to as the paternal grandparents, who reside in Cumberland County at 10 Allison Lane, Carlisle Pennsylvania, 17013, 3, The above-named Defendant is the natural father of Patricia Lawyer, and at this time is incarcerated. He has not taken a position on the custody of Patricia, 4, The above-named Petitioner is the natural mother of Patricia Lawyer, born August 16, 1997, -" 5, A complaint for custody was filed on May 17, 2000, a copy of which is attached as Exhibit "A" and incorporated herein by reference, 6, A custody conciliation conference was held on June 13, 2000, in Cumberland County, with the mother who resided in Franklin County participating by phone, The father, Donald Weller, was incarcerated at the time of the hearing and did not participate, A temporary order was entered granting the paternal grandparents primary physical custody of Patricia Lawyer, with the mother having periods of supervised visitation, A copy of the order is attached as Exhibit "B" and incorporated herein by reference, 7, A custody hearing is scheduled for October 5, 2000, at 9:30 a,m" in Courtroom Number 4, Cumberland County Courthouse, Carlisle, Pennsylvania, 8. The mother requests that this court transfer this case to Franklin County for reasons including the following: -~ " , L , " .. ~"~ ~''"'~'i . a, Franklin County was the home county of the child at the commencement of this proceeding, b, Patricia Lawyer has spent most of her life in Franklin County where she resided with her mother. c, Patricia Lawyer and her mother have significant connections with Franklin County, d, Mother was not represented by counsel at the conciliation hearing held on June 13, 2000, in Cumberland County and was, therefore, unaware of any venue issues regarding her case. e, Cumberland County is an inconvenient forum for the mother who has no transportation; the mother had to participate at the Conciliation Conference by phone because she had no transportation, WHEREFORE, Petitioner respectfully requests that this court transfer this case to the home county of Franklin, hold a chambers conference to resolve this issue, and stay the custody proceedings in Cumberland County pending a determination regarding venue, Petitioner also requests any other relief that is just and proper. Respectfully submitted, Joan Carey .,.- Attorney for the Defe aant/ Petitioner LEGAL SERVICES, INC, 8 Irvine Row Carlisle, P A 17013 ~~ , ~ ~ _ _ l H , "' ~~ , =' 1 e VERIFICATION: I verify that I have sufficient knowledge, information and belief as to the present action, the facts and statements contained in the above Petition are true and correct tot he best of my knowledge, The source of my knowledge regarding the present action is a phone conversation with Petitioner/Defendant. Verification by the Petitioner/Defendant cannot be obtained within a timely period for the filing of this petition, I understand that any false statements are made subject to the penalties of 18 Pa.C.S, g4904, relating to unsworn falsification to authorities, Dated:~ ~ <" - , "- ~ I II MARK EMERY, ESQUIRE PA Supreme Court 10: 72787 Fenstermacher & Associates 5115 E. Trindle Road Mechanicsburg, PA 17055 Attorneys for Plaintiffs PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 DAVID E. WELLER and SANDRA WELLER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000- CIVIL ACTION - LAW CUSTODY DONALD WELLER and SANDRA LAWYER, Defendants COMPLAINT FOR CUSTODY AND NOW, COMES, the Plaintiff, DAVID E. WELLER and SANDRA WELLER, by and through their attorneys, Mary Emery, Esquire, and Peter J. Russo, Esquire, and respectfully submits the following in support of Plaintiff's Complaint for Custody: 1, The Plaintiffs are DAVID E, WELLER and SANDRA WELLER, residing at 10 Allison -<' Lane, Carlisle, Pennsylvania 17013, 2, The Defendants are DONALD WELLER, residing at Cumberland County Prison, Carlisle, Pennsylvania, and SANDRA LAWYER, residing at P.O, Box 473, Shippensburg, Pennsylvania 17257, 3. Plaintiffs seek custody of the following child: Present Residence 10 Allison Lane Shippensburg, PA 4. Patricia Lawyer was born out of wedlock, Name Patricia Lawyer DOB 08/16/97 5, The child is presently in the custody of Plaintiffs, who reside at 10 Allison Lane, Shippensburg, Pennsylvania, 17257, , A EXHIBIT ~ "=~ ~ ""'%~ , , 6, During the past five years, the child has resided with the following persons and at the following addresses: Persons Mother and unknown Mother and unknown Mother and unknown Mother and unknown Address Pague & Phegan, Shippensburg Amos Apartments, Shippensburg Roxbury Ridge, Shippensburg Fayetteville Duration unknown unknown unknown unknown 7, The mother of the child is Defendant Lawyer, currently residing at P.O, Box 473, Shippensburg, Pennsylvania 17257, The mother is single, 8, The father of the child is Defendant Weller, currently residing at Cumberland County Prison, Carlisle, Pennsylvania 17013. The father is single. 9, The relationship of plaintiffs to the child is that of paternal grandparents, The plaintiffs currently reside with the following persons: Name Kasandra Lawyer Luella Weller Relationship Granddaughter Mother 10. The relationship of defendants to the child is that of father/mother. The defendants currently reside with the following persons: Name unknown Relationship 11. Plaintiffs have 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 court, term and number, and its relationship to this action is: 12. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth, The court, term and number, and its relationship to this action is: 13. Plaintiffs do 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 right with respect to the child. The name and address of such person is: 14, The best interest and permanent welfare of the child will be served by granting the relief requested because (set forth facts showing that the granting of the relief .1_1'"1]1" " '" -.........' ~ " ~ , 717~+4S14 P..02 DAVID E. WELLER and SAl'IDAA WELLER, : IN TaE: COURT ~ COMMON PLEAS OF .-. Plaintiffs : CUMBERLAND COUNn, PENNS:a.VANIA I vs. I NO. 00-306 . CIVIL TERM : RONALD WELLER and SANDRA LAWYER, : CIVIL ACTION - LAW Defendants : IN CUSTODY OODER 0J.l' Cl:Ul!l' AND lOi, this :11. nc/ day of upon consideration of the attached Custody m:uered and directed as follows I , 2000, Report, it is 1. A Hearing is scheduled in Court # , of the Cumberland count:.; Court House, on th9 :Nfh day of , 2000, at '1:30 O'clock, 4/ .m., at which time 1:e 11110ny wJ.ll be taken. For purposes of this Hearing, the plaintiffs, David E. Weller and Sandra Weller, shall be deemed to be ,the moving parties and shall proceed initially with testimony. COunsel for the parties or the parties Pro Se shall file with the Court and opposing counsel a Memorandum setting forth each party's position on CUl3tody, a list of witnesses who are expected to teetify at the Heari[l:J and a SUllillary of the anticipated testirony of each witness. These Memoranda shall be filed at least 10 daye prior to the Hearing date. 2. pending further Order of court or agreement of the parties, the Plaintiffs, David E. Weller and Sandra weller, shall have primary physical custody of patricia Lawyer, born August 16, 1997. The Mother, Sandra Lawyer, shall have periods Of superviSed visitation with the Child every weekend on either satul:'day or: Sunday from 1:00 p.m. until 4;,PO p.m., beginni[l:J on Saturday, June 17, 2000 at 1:00 p.m. 'l11.e period of visitation on June 17 shall take place at the park behind the Mother's fiance's residence located at 522 s. Main street in Chamberaburg. In the event of rain, the plaintiffs shall pick up the Mother at her fiance's residence for-_.. the period of cuetody at an indoor location. 3. within 10 days of the date of this Order, the Mother shall provide to the Plaintiffs either the Child's Social Security nwnber or a copy of the I\ccel3e card, if any, which is currently in effect for the Child. The purpose of this I?t'Ovieion is to permit the Plaintiffs to either provide medical insurance for the Child if her Access card has expired or to verify that she currently has insurance through Access. ~ , ~ I I " \ !! /' EXHIBIT BY THE mURT, I B /3/-IfH;' .i 1i^ n / KeVl.n A. Heee, J. cc: Peter RUSBO, Esquire, Counsel Sandra Lawyer, Mother Ronald weller, Father for Plaintifa~UE COpy fROM r-rCORD In Testimony whGr:,d, i 1>,,(, .lio ;,;1 my hand and the seal of Soid Court ,,0 orlde, Pa. lhi;,jd:3 ,J,. f ,.. /, J\ OP ~{( "JJJ .~,'" ,~ , ~- ~-~ i.. _ .I ' ~ . i!,\-~__ . MAY 1 7 2000 tP MARK EMERY, ESQUIRE PA Supreme Court 10: 72787 Fenstermacher & Associates 5115 E. Trindle Road Mechanicsburg, PA 17055 Attorneys for Plaintiffs PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 DAVID E. WELLER and SANDRA WELLER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. RONALD WELLER and SANDRA LAWYER, Defendants No. 2000- 30,"0 CIVIL TERM CUSTODY ORDER OF COURT AND NOW, this 17" day of May, 2000, upon consideration 9f the attached Petition for Emergency Relief Seeking Custody of the Minor Child, Petitioner's requested relief is hereby GRANTED, and temporary primary physical custody of child, Patricia Lawyer is GRANTED to Plaintiff's, David E. Weller and Sandra Weller until further order of this court.. Neither party shall remove the child from this Court's Jurisdiction until further Order of this Court, BY THE COURT, . / .44- J, Distribution: Ronald Weller ~ ~ Sandra Lawyer ' Peter J. Russo, Esquire, ilJn"-,,db.. Mark Emery, Esquire 111>>'- 6f'! r-" . I ~ . 1 I '"'I MARK EMERY, ESQUIRE PA Supreme Court 10: 72787 Fenstermacher & Associates 5115 E. Trindle Road Mechanicsburg, PA 17055 Attorneys for Plaintiffs PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 DAVID E. WELLER and SANDRA WELLER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. RONALD WELLER and SANDRA LAWYER, Defendants : No. 2000- ..3of.,(J CIVIL TERM : CUSTODY PETITION FOR EMERGENCY RELIEF SEEKING CUSTODY OF THE MINOR CHILD AND NOW, COMES, the Plaintiffs, David E. and Sandra Weller,"ny and through their attorney, Peter J, Russo, Esquire, and respectfully submit the following in support of their Petition for Emergency Relief Seeking Custody: 1, The Plaintiffs are David E. Weller and Sandra Weller who reside at 10 Allison Lane, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendants are Ronald Weller who resides at Cumberland County Prison, Carlisle, Pennsylvania and Sandra Lawyer who resides at P,O, Box 473, Shippensburg, Cumberland County, Pennsylvania, 3, Plaintiffs seek custody of the following child: Name Patricia Lawyer Present Residence 10 Allison Lane Shippensburg, PA DOB 8/16/97 , - , "",-. .:,' J,_ " "-' " , , 4, Patricia Lawyer was born out of wedlock. 5. The child is presently in the custody of Plaintiffs, who resides at, 10 Allison Lane, Shippensburg, PA 17257. 6, During the past five years, the child has resided with the following persons and at the following addresses: Persons Mother and unknown Mother and unknown Mother and unknown Mother and unknown Address Pague & Phegan Amos Apartments Roxbury Ridge FayettviJJe Duration unknown unknown unknown unknown 7. The mother of the child is Sandra Lawyer. 8, The father of the child is Ronald Weller. 9. The relationship of plaintiffs to the child is that of paternal grandparent. The plaintiffs currently reside with the following persons: Name Kasandra Lawyer Luella Weller Relationship Granddaughter Mother .<"' 10. The relationship of defendants to the child is that of father and mother. 11, There is no existing Order of Court, 12. Plaintiffs have simultaneously filed a complaint for custody which is attached hereto as Exhibit A. 12. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13, Plaintiffs do 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. .. ~ 1-- - ~" It;~ 15. , Plaintiffs were advised by Defendant Lawyer that she was being evicted from her home and was homeless, 16, Defendant Lawyer asked Plaintiffs to watch her daughter while she was homeless. 17. Defendant Lawyer has not found substitute housing, 18, Defendant Weller is presently incarcerated in Cumberland County Prison. 19, Defendant Lawyer has also indicated that she might be leaving the Commonwealth of Pennsylvania. 20, Defendant Lawyer is also believed to be wanted by police authorities in Virginia and New York, 21, Plaintiffs are concerned about Defendant Lawyer's statements about leaving this jurisdiction without providing any further information, 22. Additionally, Plaintiffs are highly concerned that the subject minor child may be homeless in the immediate future, /' 23, The best interests of this child would be served if Plaintiffs were prevented from leaving this jurisdiction before a hearing could be heard on this matter. 24. The best interests of this child would further be served if Plaintiffs were provided primary physical custody until Defendant Lawyer finds suitable alternative housing and has resolved her outstanding legal concerns, - "= , , o ~" .''- . . WHEREFORE, Defendant requests this Honorable Court to order that temporary primary physical custody of the child, Patricia Lawyer be placed with the Plaintiffs and further, each party is enjoined from leaving this Court's jurisdiction pending further hearing on this matter. Respectfully submitted, ~~~-- Mark Emery, Esquire ~- PA Supreme Court ID: 72787 Fenstermacher & Associates 5115 E. Trindle Road Mechanicsburg, PA 17055 and, Peter J, Russo, Esquire PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiffs Date: )--! 7 -c:;o ".. - ~~ - -~ ,I "-.' , "'H~-li' .. , MARK EMERY, ESQUIRE PA Supreme Court ID: 72787 Fenstermacher & Associates 5115 E. Trindle Road Mechanicsburg, PA 17055 Attorneys for Plaintiffs PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 DAVID E. WELLER and SANDRA WELLER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. RONALD WELLER and SANDRA LAWYER, Defendants No. 2000- CIVIL TERM : CUSTODY CERTIFICATE OF SERVICE I, Mark Emery, Esquire, hereby certify that I am on this day serving a copy of the foregoing document upon the person(s) and in the matter indicated belo\y,;" Service by First-Class Mail, Postage Prepaid, and addressed as follows: Ronald Weller Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Sandra Lawyer P,O, Box 473 Shippensburg, PA 17257 ~~ Mark Emery, Esquire --- - ~ -- - -.--- DAVID E, WELLER and SANDRA WELLER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2000-3060 CIVIL vs, DONALD WELLER and SANDRA LAWYER, Defendants CIVIL ACTION - LAW IN CUSTODY ORDER "- Ii I: , 1 i: I: 1 !, AND NOW, this 0" a day of August, 2000, at the request of counsel for the plaintiffs, hearing in the above captioned matter set for August 24, 2000, is continued to Thursday, October 5, 2000, at 9:30 a.m" in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A, BY THE COURT, Peter J. Russo, Esquire For the Plaintiffs Ail , Hess, J. C~1Y\cuU ~.9-DO RJP Mark Emery, Esquire For the Defendants :rlm ~.~ " - _ J _" _ .- -. -~ " -. - ~, ...: .. ' PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Counsel for Plaintiffs DAVID E. WELLER and SANDRA WELLER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. RONALD WELLER and SANDRA LAWYER, Defendants : No. 2000- 3060 CIVIL TERM . : CUSTODY PRAECIPE TO AMEND CAPTION TO THE PROTHONOTARY: As defendant Weller first name was incorrectly styled, kindly amend the caption in the above-referenced case to read: DAVID E. WELLER and SANDRA WELLER, Plaintiffs : IN THE COURT OF COMMONYLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. DONALD WELLER and SANDRA LAWYER, Defendants : No. 2000- 3060 CIVIL TERM : CUSTODY Oate:~ Respectfully submitted, C ~-1~ Peter J, Russo, Esquire PA Supreme Court 10: 72897 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiffs "-- " ~-~ . . ' 1,"-- . ~. ~=- ,-~ 'Jl'k.i~':l ~ ,. PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Attorneys for Plaintiffs DAVID E. WELLER and SANDRA WELLER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLANO COUNTY, PENNSYLVANIA ' CIVIL ACTION - LAW v. RONALD WELLER and SANDRA LAWYER, Defendants No. 2000- 3060 CIVIL TERM CUSTODY CERTIFICATE OF SERVICE I, Peter Russo, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as ,fallows: Sandra Lawyer P,Q. Box 473 Shippensburg, PA 17257 Ronald Weller Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 c:mt~', Peter J, Russo Date: ~ ;. ". _..C ,- ..,~ . -, _ ~ '" MAY 1 7 2000tP MARK EMERY, ESQUIRE PA Supreme Court 10: 72787 Fenstermacher & Associates 5115 E, Trindle Road Mechanicsburg, PA 17055 PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Attorneys for Plaintiffs DAVID E. WELLER and SANDRA WELLER, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C~'-{ L/~ NO. 2000 - 30"" () DONALD WELLER and CIVIL ACTION - LAW SANDRA LAWYER, Defendants CUSTODY AND NOW, this \ i day of \-1.0..,-1 , 2000, upon consideration of the attached Complaint, it i~her~by_ di~cted that the parties and their respective counsel a ear before ~ :::::. I ~'. , the Conciliator, at 'W \ _ on the \3\:.h day of S:J'UY1\. P ,2000, at-3' b Q ,m, for a Pre-Hearing Custody Conference, At such eonference, an effort will be made ~o 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 at the request of either attorney or party, be present at the conference, Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent..Order, FOR THE COURT: :<"_ 1\ ~ ," BY:~UJ...TI\,t). )\4 " Custody Conciliator l ~ ,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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ,'. ,-- .. . MARK EMERY, ESQUIRE PA Supreme Court 10: 72787 Fenstermacher & Associates 5115 E. Trindle Road Mechanicsburg, PA 17055 PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Attorneys for Plaintiffs DAVID E. WELLER and SANDRA WELLER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000- CIVIL ACTION - LAW CUSTODY DONALD WELLER and SANDRA LAWYER, Defendants COMPLAINT FOR CUSTODY AND NOW, COMES, the Plaintiff, DAVID E. WELLER and SANDRA WELLER, by and through their attorneys, Mary Emery, Esquire, and Peter J, Russo, Esquire, and respectfully submits the following in support of Plaintiffs Complaint for Custody: 1, The Plaintiffs are DAVID E. WELLER and SANDRA WELLER, residil1Q at 10 Allison Lane, Carlisle, Pennsylvania 17013, 2. The Defendants are DONALD WELLER, residing at Cumberland County Prison, Carlisle, Pennsylvania, and SANDRA LAWYER, residing at P,O. Box 473, Shippensburg, Pennsylvania 17257, 3. Plaintiffs seek custody of the following child: Present Residence 10 Allison Lane Shippensburg, PA 4. Patricia Lawyer was born out of wedlock, Name Patricia Lawyer DOB 08/16/97 5, The child is presently in the custody of Plaintiffs, who reside at 10 Allison Lane, Shippensburg, Pennsylvania, 17257, - -.... ~ , "' ... 6. During the past five years, the child has resided with the following persons and at the following addresses: Persons Mother and unknown Mother and unknown Mother and unknown Mother and unknown Address Pague & Phegan, Shippensburg Amos Apartments, Shippensburg Roxbury Ridge, Shippensburg Fayetteville Duration unknown unknown unknown unknown 7. The mother of the child is Defendant Lawyer, currently residing at P,Q. Box 473, Shippensburg, Pennsylvania 17257, The mother is single. 8. The father of the child is Defendant Weller, currently residing at Cumberland County Prison, Carlisle, Pennsylvania 17013, The father is single, 9. The relationship of plaintiffs to the child is that of paternal grandparents, The plaintiffs currently reside with the following persons: Name Kasandra Lawyer Luella Weller Relationship Granddaughter Mother 10. The relationship of defendants to the child is that of father/mother. The defendants currently reside with the following persons: Name unknown Relationship .,.- 11, Plaintiffs have 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 court, term and number, and its relationship to this action is: 12. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth, The court, term and number, and its relationship to this action is: 13, Plaintiffs do 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 right with respect to the child, The name and address of such person is: 14, The best interest and permanent welfare of the child will be served by granting the relief requested because (set forth facts showing that the granting of the relief ..' - > -~ ~~ "'. . ' ~ requested will be in the best interest and permanent welfare of the child): 15. 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 WHEREFORE, Plaintiff requests this Honorable Court to order that primary physical and legal custody of the minor child, Patricia Lawyer be placed with Plaintiffs. Respectfully submitted, /~~~---- Mark Emery, Esquire PA Supreme Court ID: 72787 Fenstermacher & Associates 5115 E. Trindle Road Mechanicsburg, PA 17055 and, .,- Peter J, Russo, Esquire PA Surpeme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiffs Date: ')-, ( ") '00 .~ - .......,., .., - DAVID E. WELLER and SANDRA WELLER, Plaintiffs , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. RONALD WELLER and SANDRA LAWYER, Defendants No. 2000- 3060 CIVIL TERM CUSTODY ORDER OF COURT AND NOW, this day of July, 2000, upon consideration of the attached Petition for Special Relief, Petitioner's requested relief is hereby GRANTED. All parties and Sandra Lawyer's fiance, Thomas Brooks, Jr., shall submit themselves to and cooperate with the completion of a custody evaluation to be performed by -<' The cost of said custody evaluation shall be borne by Cumberland County, BY THE COURT, Kevin A Hess, Judge Distribution: Ronald Weller Sandra Lawyer Peter J, Russo, Esquire Mark Emery, Esquire ~ PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Attorneys for Plaintiffs DAVID E. WELLER and SANDRA WELLER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. RONALD WELLER and SANDRA LAWYER, Defendants No. 2000- 3060 CIVIL TERM CUSTODY PETITION FOR SPECIAL RELIEF REQUEST FOR COURT APPOINTED CUSTODY EVALUATION AND NOW, COMES, the Plaintiffs, David E. and Sandra Weller, by and through their attorney, Peter J, Russo, Esquire, and respectfully submit the following in support of their Petition for Special Relief: 1, The Plaintiffs are David E. Weller and Sandra Weller whO reside at 10 Allison Lane, Shippensburg, Cumberland County, Pennsylvania, 2. The Defendants are Ronald Weller who resides at Cumberland County Prison, Carlisle, Pennsylvania and Sandra Lawyer who resides at P,O, Box 473, Shippensburg, Cumberland County, Pennsylvania, 3, Recently the natural mother, Sandra Lawyer voluntarily left her residence and asked the Plaintiffs to care for the subject minor child, 4. Plaintiffs have voluntarily accepted custody of the subject minor child. 5, Plaintiffs are unwilling to return the subject minor child unless it is in the subject minor child's best interest and the child will be safe in the care and custody of Sandra Weller. c" ~!iIiI_ ~ 6. It is also believed that the subject minor child is displaying inappropriate licentious behavior. 7, Natural mother has demanded the return of the subject minor child and insisted on a hearing to resolve this matter. 8, None of the parties involved in this litigation can provide the appropriate funds to retain an expert to evaluate the families involved in this litigation and their respective residences, 9, It is believed and therefore averred that an evaluation in this matter would be imperative, WHEREFORE, Plaintiffs respectfully request this Honorable Court to order a court appointed custody evaluation of the involved parties and Sandra Lawyer's fiance, Thomas Brooks, Jr. ~. Peter J, Russo, Esquire PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiffs Date: -=U I 0 \ 00 ~ , - .' - , !tOO .. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Attorneys for Plaintiffs DAVID E. WELLER and SANDRA WELLER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. RONALD WELLER and SANDRA LAWYER, Defendants No. 2000- 3060 CIVIL TERM : CUSTODY CERTIFICATE OF SERVICE I, Peter Russo, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as f~ows: Sandra Lawyer P,O, Box 473 Shippensburg, PA 17257 Ronald Weller Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 C~'~ Peter J. Russo Date: ...=LII 0 l CO , ~ PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 Trindle Road Mechanicsburg, PA 17050 (717) 249-2721 DAVID E. WELLER and SANDRA WELLER, Plaintiffs, Respondents v. RONALD WELLER, Defendant SANDRA LAWYER, Defendant, Petitioner .. ",,,,,,-,. Attorney for Plaintiffs/Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW P-' " r: No. 2000-3060 CIVIL T-ERM CUSTODY ~ ~-j PLAINTIFF'S RESPONSE TO PETITION TO TRANSFER ACTION TO FRANKLIN COUNTY AND NOW, COMES, the Respondents, David E, and Sandra Weller, by and through their counsel, Peter J. Russo, Esquire, and aver the following in response to the Petition to Transfer Action to Franklin County: 1, Admitted with qualification, This is only admitted that Petitioner resides at 134 W, Catherine Street, Chambersburg, Pennsylvania, based upon Petitioner's assertion of the same to the Respondents. <' 2. Admitted. 3, Admitted in part and denied in part. Ronald Weller is the natural father of Patricia Lawyer and he is incarcerated at this time. To the contrary, he has taken a position respective to custody and has expressed that the child remain in the care and custody of Respondents, 4, Admitted, 5, Admitted, 6, Admitted, 7, Admitted, 8, a, Denied, It is denied that Franklin County was the home county of the . "",. ~.' --._< .I Child at the commencement of this proceeding, At the time that this proceeding was commenced, the Child was already residing with the Weller's in Cumberland County. Further, at various times throughout this Child's life, she resided in locations other than Franklin County, b, Denied, It is questionable whether Patricia Lawyer has spent the majority of her life in Franklin County. Respondents assert that a substantial portion of the Child's life has been spent in Cumberland County, c. Denied. The only connection Patricia Lawyer has to Franklin County is the county where her mother currently resides, Patricia has a more significant connection with Cumberland County as it is location where her father currently resides and her grandparents, d, Admitted in part and denied in part, It is admitted that Mother was not represented by counsel at the Conciliation Hearing held on June 13, 2000, in Cumberland County, Ms, Lawyer was provided with appropriate notice, both of the entrance of the Emergency Custody Order and notice of the Custody Conciliation Conference, By way of further response, Mother did request Domestic Relations in Franklin County to assist her with this matter and they did by contacting Dawn Sunday's office to arrange for a conference call. e, While Cumberland County may be an inconvenient for Mother to appear, it seems that all other interested parties are currently residing in Cumberland County, including the Child, the natural father, and the maternal grandparents. 'lI!!ll: , WHEREFORE, Respondents respectfully request that this Court retain jurisdiction over this case. Respectfully submitted, ~ PA Supreme Court ID: 72897 5010 Trindle Road Mechanicsburg, PA 17050 Attorney for Plaintiffs Date: ..:11 d .;-j CI't..J .<' ,I, 'J_". , ,c - "-0" "-"!ik1 , PETER J, RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 Trindle Road Mechanicsburg, PA 17050 (717) 249-2721 Attorney for Plaintiffs/Respondents DAVID E. WELLER and SANDRA WELLER, Plaintiffs, Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION l. LAW v. RONALD WELLER Defendant SANDRA LAWYER, Defendant, Petitioner : No. 2000-3060 CIVIL TERM : CUSTODY VERI FICA TION I, Peter J, Russo, counsel for Respondents in this matter, have sufficient knowledge, information and belief as to the present action, the facts and statements contained in the above response to Petition, correct to the best of my knowledge, Sources of my knowledge regarding the answers contained therein, are interviews with statements made, are subject made are subject to the penalties if 18 Pa,C,S, 94904, relating to unsworn falsification to authorities, /' 0QJ-~ Peter J. Russo I .. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 Trindle Road Mechanicsburg, PA 17050 (717) 249-2721 J~ "-.'...0 'f'liMe Attorney for Plaintiffs/Respondents DAVID E. WELLER and SANDRA WELLER, Plaintiffs, Respondents v. RONALD WELLER Defendant SANDRA LAWYER, Defendant, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 2000-3060 CIVIL TERM . : CUSTODY CERTIFICATE OF SERVICE I, Peter J, Russo, hereby certify that I am on this day serving a copy of the foregoing documents upon the person (s) and in the manner indicated below; Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Date: "ll.;z rl C/Q Joan Carey, Esquire Legal Services, Inc. B Irvine Row Carlisle, PA 17013 Q(jL,,- Peter J ,Russo / ~"I ~ ^'~ ~ ,..~ DAVID E. WELLER and SANDRA WELLER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2000-3060 CIVIL vs. DONALD WELLER and SANDRA LAWYER, Defendants CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this ;zf"" day of September, 2000, after hearing, it is ordered and directed that this matter be transferred to Franklin County, Pennsylvania, The costs and fees for transfer and removal of record shall be paid by the plaintiffs, BY THE COURT, Peter 1. Russo, Esquire For the Plaintiffs .Ad , Hess, 1. f\~ jl~ oq-OD U q' J- ~ Joan Carey, Esquire For the Defendants :rlm -~~ ~~~-" ~o o. ~""" ~ DAVID E. WELLER AND SANDRA WELLER plaintiffs/ Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs DOCKET NO. 2000-3060 civil DONALD WELLER Defendant SANDRA LAWYER, Defendant/petitioner TO THE COURT OF COMMON PLEAS FRANKLIN COUNTY, PENNSYLVANIA PLEASE ACKNOWLEDGE RECEIPT OF THIS CASE BY SIGNING AND DATING THIS DOCUMENT. RECORD RECEIVED: DATE (L~~/f. ~urtI Richard D. McCarty, Deputy Proth otary (signature & Title) c:J 1"'1 "," c:: -"I ....., g = <::> M -4 ." ;:0 )>-0 ~;Q :;'Jl~c..) ,--< ~~ (:::-1 Zl>' -l ?;> -<-< iJ; -./'" 1 "~"j." t C') ; <0;, r 1..',," a )> w . ' tJi;__, o " \CC..., 1',4.,,;'" '*;~ . I ~-. PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 5010 Trindle Road Mechanicsburg, PA 17050 (717) 249-2721 Attorney for Plaintiffs/Respondents DAVID E. WELLER and SANDRA WELLER, Plaintiffs, Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. RONALD WELLER, Defendant SANDRA LAWYER, Defendant, Petitioner No. 2000-3060 CIVIL TERM : CUSTODY PLAINTIFF'S RESPONSE TO PETITION TO TRANSFER ACTION TO FRANKLIN COUNTY AND NOW, COMES, the Respondents, David E, and Sandra Weller, by and through their counsel, Peter J, Russo, Esquire. and aver the following in response to the Petition to Transfer Action to Franklin County: 1, Admitted with qualification. This is only admitted that Petitioner resides at 134 W Catherine Street, Chambersburg, Pennsylvania, based upon Petitioner's assertion of the same to the Respondents. 2. Admitted. 3. Admitted in part and denied in part. Ronald Weller is the natural father of Patricia Lawyer and he is incarcerated at this time. To the contrary, he has taken a position respective to custody and has expressed that the child remain in the care and custody of Respondents. 4, Admitted. 5. Admitted. 6. Admitted. 7, Admitted, 8. a, Denied. It is denied that Franklin County was the home county of the - , " .' Child at the commencement of this proceeding. At the time that this proceeding was commenced, the Child was already residing witt! the Weller's in Cumberland County. Further, at various times throughout this Child's life, she resided in locations other than Franklin County. b. Denied. It is questionable whether Patricia Lawyer has spent the majority of her life in Franklin County, Respondents assert that a substantial portion of the Child's life has been spent in Cumberland County, c. Denied, The only connection Patricia Lawyer has to Franklin County is the county where her mother currently resides. Patricia has a more significant connection with Cumberland County as it is location where her father currently resides and her grandparents. d, Admitted in part and denied in part. It is admitted that Mother was not represented by counsel at the Conciliation Hearing held on June 13, 2000, in Cumberland County. Ms. Lawyer was provided with appropriate notice, both of the entrance of the Emergency Custody Order and notice of the Custody Conciliation Conference. By way of further response, Mother did request Domestic Relations in Franklin County to assist her with this matter and they did by contacting Dawn Sunday's office to arrange for a conference call, e, While Cumberland County may be an inconvenient for Mother to appear, it seems that all other interested parties are currently residing in Cumberland County, including the Child, the natural father, and the maternal grandparents. - - i .. '" "~ ."O"""t. '''\ WHEREFORE, Respondents respectfully request that this Court retain jurisdiction over this case, Respectfully submitted, ~ PA Supreme Court 10: 72897 5010 Trindle Road Mechanicsburg, PA 17050 Attorney for Plaintiffs Date: ~I g. d C/O ~..~ I , ~ , " . -. ~T ~~, $- L J- .l!!lL " , " PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 5010 Trindle Road Mechanicsburg, PA 17050 (717) 249-2721 Attomey for Plaintiffs/Respondents DAVID E. WELLER and SANDRA WELLER, Plaintiffs, Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW v. RONALD WELLER Defendant SANDRA LAWYER, Defendant, Petitioner No. 2000-3060 CIVIL TERM : CUSTODY VERIFICATION I, Peter J, Russo, counsel for Respondents in this matter, have sufficient kriowledge, information and belief as to the present action, the facts and statements contained in the above response to Petition, correct to the best of my knowledge, Sources of my knowledge regarding the answers contained therein, are interviews with statements made, are subject made are subject to the penalties if 18 Pa,C,S. 94904, relating to unsworn falsification to authorities. 0Qt~ Peter J, Russo " PETER J. RUSSO, ESQUIRE PA Supreme Court 10: 72897 5010 Trindle Road Mechanicsburg, PA 17050 (717) 249-2721 oj t:' .,'- ~ .> ' illk; , Attorney for Plaintiffs/Respondents DAVID E. WELLER and SANDRA WELLER, Plaintiffs, Respondents v. RONALD WELLER Defendant SANDRA LAWYER, Defendant, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2000-3060 CIVIL TERM CUSTODY CERTIFICATE OF SERVICE I, Peter J, Russo, hereby certify that I am on this day serving a copy of the foregoing documents upon the person (s) and in the manner indicated below; Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Date: ~ 1.;2 J"I CJ'Q Joan Carey, Esquire Legal Services, Inc. a Irvine Row Carlisle, PA 17013 ~- Peter J .Russo .,::"'~;i'M~"""";"~>' - .;w~-'"""".~-;...""" '" ", ~liiI"~ - '.w.li' ~ ~ ""'" ,,..;i.,- """'~ "'~~- _.' , ~~. ~~ C'__ ,.', - I~. -0" IIlIiI [ Ii Ii I' I: f! I 0 0 0 C C> " ;;::: (/) .--1 -00:1 r'1 ._~~ mm -0 Z:::O N -,:::,','n "'i-S: .'TO ~>~. -' ,,~) J. :::.:~CJ ~O ."0 -----r-"'Ti ._*) --n 5> ::-: \..."'-0 ZO 6rn =0 -""C -0 Z W -,.~ ::;! <-u :.: .fl. [