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Home My WebLink About00-04616 f. c ~ KRISTIN WISER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V, GARY WISER 00-4616 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 6TH day of JULY ,2000, upon consideration ofthe attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 24th day of August ,2000, at 10:30 AM for a Pre-Rearing Custody 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 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. II :1 ! FOR THE COURT, By: /sl Hubert X. Gilroy. Esq. tb Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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, Pennsylvania 17013 Telephone (717) 249.3166 '~~~~- ; -_.~ . . 'll~~~0i1&~"~iHili~"lmlI~t1~;.l\;1I;(1~1ii>~il:,_~i;,,,gJol!i~'~'JUI""'~t>o,,,,,_>il~,,~1ilIIIltllij, "~""""""'"".~~~.lIii: u., o~~ _. " ~ 0 ,ill"-.O -- ~ -, ;;_l:U-'G~+\CE ""f""'S,..lnT~R\f ()f' ',I,. ,"1,." ul I (lil 11!1 -1 F'ri 3: td~ .)." \--' - ~.. . CUMBEI~lA\!D COUNTy' PENNSYLVANLI\ 7-7-tJe? w- ~ ~ -j; /~ )./~t? Yl~ ~. h 1#- )-7-0# ~ ~ ~ <fI.~iJl J ...~Ii"jl~jf,..,.~."f,"' ,.-<- ~ m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KRISTIN WISER, Plaintiff v. : NO. JOOO-t.JV\\'" {.\v'd : GARY WISER, Defendant IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at on the day of , 2000, at ___.m., for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary Order. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT: Custody Conciliator 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 WKERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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 the office set forth above. 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. --!"'-~ ~~,-- '.. IN THE COURT OF COMMON PLEAS OF CUMBERL~ COUNTY, PENNSYLVANIA CIVIL ACTION ~ LAW KRISTIN WISER, Plaintiff . . : v. : NO. thJ - Yf..JC- ~ 1'-<<-- GARY WISER, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the plaintiff, KRISTIN WISER, by and through her attorney, Maryann Murphy, Esquire, of Legal Services, Inc., and respectfully files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is KRISTIN WISER who resides at 18 North High Street, Newville, Cumberland County, Pennsylvania. 2. The Defendant is GARY WISER who resides at 509 Possum Lake Road, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks shared legal and physical custody of the following children: JACOB GARY WISER, born November 12, 1990 and PRESTON ROBERT WISER, born April 17, 1996 4. Jacob was born out of wedlock. Preston was born in wedlock. 5. Plaintiff currently resides alone. '''~ ~ - ~ .-~. ~, - ~ ~- 6. Defendant currently resides with the minor children. 7. During the lifetime of the children, they have resided at the following addresses with the following persons: Time Address wi th Whom birth-11/95 2547 Ritner Highway Carlisle, PA Plaintiff/Defendant 11/95-8/99 475 Mt. Rock Road Newville, PA Plaintiff/Defendant 8/99-present 509 Possum Lake Road Carlisle, PA Defendant 8. The father of the children is GARY WISER. He is single, having been recently divorced from Plaintiff. 9. The mother of the children is KRISTIN WISER. She is single, having been recently divorced from Defendant. 10. 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 any other Court, except as set forth above, 11. The plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or in any other State. 12. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children, or claims to have custody or visitation rights with respect to the children. ^., 13. Each parent whose parental rights to the children have not been terminated, and the persons who have physical custody of the children, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the children and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 14. The best interest and permanent welfare of the minor children will be served by granting Plaintiff shared legal and physical custody. WHEREFORE, Plaintiff requests this Honorable Court to grant her shared legal and physical custody of JACOB and PRESTON. Respectfully submitted, Maryan Murphy, Legal Services, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff :'-1"11II'II, fe' VERIFICATION I, KRISTIN WISER, verify that the statements made in the foregoing Custody Complaint 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. "/!;"",,,' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KRISTIN WISER, Plaintiff v. : NO. . . GARY WISER, Defendant . . : IN CUSTODY CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of , 2000 I served a true and correct copy of the foregoing Complaint in Custody on the Defendant, GARY WISER, at the address set forth below, by placing a copy of same in the United States Mail, postage prepaid, certified/restricted delivery. Gary wiser 509 Possum Lake Road Carlisle, PA 17013 Respectfully submitted, MaryannM phy, Legal Services, 8 Irvine Row Carlisle, PA 17013 (717) 540-8600 LD. # 61900 ''''''~fj 'c< , t', ~ '" ~ ~ ,'~ ~,_~!~ "~l&".~ _c_~lJ~Ml!!lfm ,"<,......,~~,. ~1 J81$'t1ilj]Hfill:q[:ljli1~".~ff.~~~~ 1-' ...."'. . -~ - ~,_" ~. ,e ,.-.,*__ -,,, 0 (::t 0 C <::> "'11 <'" <- -oiu ,.~ c:; it~ rnfTi -:,,.. :;;~::n - ~~~ 1'., ~~e3 U) !;:::c-J ;r-o, ~(J.) 5:; -,. ;'_i~ =-H ..:,...('") - j;C'1 ~-;C) c: ~? cjTTl z .-, --< .:.,.;, s:i -< (:.,) .... lfll_~~_~~~"Rl!~jiji~.[ _ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW KRISTIN WISER, Plaintiff ; NO,.QCb? - l.(f.t,If" l:/v',1 v, : IN CUSTODY GARY WISER, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, KRISTIN WISER, Plaintiff, to proceed in forma pauperis, I, Maryann Murphy, Esquire, of Legal Services, Inc" attorney for the party proceeding in forma pauperis, 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 of litigation is attached hereto, Maryann rphy, Esquire Legal Services, Inc, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D, # 61900 Attorney for Plaintiff ~ i ;', , -"'i<)> 1, _. ~ . ^, _,,-. _~ ~ " , ,I " I 1 ti :---,~~~", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KRISTIN WISER, Plaintiff : NO, v, : IN CUSTODY GARY WISER, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1, I am KRISTIN WISER, 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 of litigation, 3, I represent that the information below relating to my ability to pay the fees and costs is true and correct, (a) Name: KRISTIN WISER Address: 18 North High Street, Newville. PA 17241 (b) Social Security Number: 174.58.1365 If you are presently employed, state Employer: Holidav Inn Address: 1450 Hbg. Pike, Carlisle, PA 17013 Salary or wages per month: $1.215,00 Type of work: front desk clerk If you are presently unemployed, state N/ A Date oflast employment: N/A Salary or wages per month: N/A Type of work: N/ A (c) Other income within the past twelve months Business or profession: -0. Other self.employment: -0. Interest: -0- Dividends: .0- Pension and annuities: .0. Social Security benefits: .0- Support payments: -0- Disability payments: -0- Unemployment compensation and supplemental benefits: -0. Workman's compensation: -0. Public Assistance: -0- Other: .0- (d) Other contributions to household support (Wife)(Husband) Name: N/A If your (husband) (wife) is employed, state Employer: N/A . '. ". ," " Salary or wages per month: N/A Type of work: N/ A Contributions from children: -0- (e) Property owned Cash: -0. Checking Account: .0- Savings Account: .0- Certificates of Deposit: .0- Real Estate (including home): -0- Motor vehicle: Make Jeep Year 1986 Cost unknown Amount owed -0. Stocks; bonds: -0- Other: -0- (f) Debts and obligations Mortgage: N/A Rent: $320.00 Loans: -0- Monthly Expenses: $1.200,00 (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A i; "'~ ~" , ,~ . Children, if any: Name: Jacob Gary Wiser Name: Preston Wiser Age: Age 9 4 4. I 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. 5, I verifY that the statements made in this affidavit are true and correct. I nnderstand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. -l.. Date: 0/ roo '~r_' ".. " ~ I, ". ,![II!!!! 11l~Ri ,1!" ,_, . J;))J!!~-~_ -=~~ " - ,. - ~-, ~,< -",' -.", "." "~,,,,,,- "'IlDif .~ "uYtt ,', I-N ,';J' . <:) Cl ~t) c 0 ~.. '11 '-0 to , ,., rnr-n e f~-i :11 :2: ::r;; :~i: '.,r-:- :zc.- !'J ~85 f6!.,f': \.C .,L ()"J. ~~o >>n -..tc> ~~~ .-) T-k 'z::l ::Ji: ;;6 ~__I'J "c>c If} (jr-n Z ~ ::;! ':.,) ~> <..:> :'3 -, ._IlI~.~_,,!;JIlii_:~'M,ij~'WI~-~TI1'~"!!'m~i""i\ji;"""-~!j~t(~I~"~+~~~~~ .;c . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTIN WISER, Plaintiff CIVIL ACTION - LAW No, 00-4616 v, IN CUSTODY GARY WISER, Defendant ENTRY OF APPEARANCE To Prothonotary: Please enter my appearance on behalf of the Defendant, GARY WISER, in the above- captioned matter. Respectfully submitted, Dated: September 13, 2000 M" hael J. Hanft, Esq ire Attorney ill No, 57976 19 Brookwood Avenue, Suite 106 Carlisle, P A 17013.9142 (717) 249-5373 F:\User Folder\Firm Docs\Gendocs2000\1339-2praecipe.l.wpd . :;1" , , ."'....,,,,,.;I'M''''-- ,,~" . .'" "~ ,~'j ,~ .<~ """'~,,~.- ,," . '" ~,::. ~;;-'; (,') r::: ::-~ -~(-' );~~ :::? () c- o C) ~;~ i,,0 c'1 -;:1 CJ,,> ;'V cr'l l...(l;,_ ~ .~~K~~!iIiI!~~~~OO"_~?f1:lS!'\J''''F'''';'N''_'''''',mj:k-",,"~,m!~'k7,j%'te."1>'-'~W;""'''''.~~~'!.'lHl*,!)15fflill"",~~ffi'',-""",,"~ - f _1!Il" "", I '"[1' 1 4 2a~ KRISTIN WISER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW GARY WISER, Defendant NO. 2000 - 4616 CIVIL IN CUSTODY COURT ORDER AND NOW, this \~ ~ay of September, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: ,,' l'i ~, ,'1 c.: ~i !,., :~ II ,',I '1 ,d d t'I d "1 tj " ; /1 :r' (,i ,"j I:'; H ~", !J "j q 1,1 <! !~ 1 iJ , 1:' \.] e.: . 'Co',,'_';':" ... ",",,-,'..'", ""J",e~"..,,,,,,_,_ ,.', 1. The Father, Gary Wiser, and the Mother, Kristin Wiser, shall enjoy shared legal custody of Jacob Gary Wiser, born November 12, 1990; and Preston Robert Wiser, born April 17, 1996, 2, The Father shall enjoy primary physical custody of the minor children. 3. The Mother shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends at the times arranged between the parties. B, On those days when Mother is off from work during the week and Mother gives Father reasonable notice. C. On occasions when the parties work out an arrangement for Mother to have the children after school. D, At such other times as agreed upon by the parties. 4, The parties shall alternate major holidays pursuant to a schedule worked out between the parties, 5, Both parties shall have the ability to take an extended vacation of one or two weeks during the summer months with the minor children upon giving the other parent reasonable notice as to when they intend to exercise that vacation, 6, Both parents shall enjoy reasonable telephone contact with the minor children when they are in the custody of the other parent. \-" ",- n' " -I' ,..-0"- ~..",--- , MIIiIIIBIiIlC . ':_ ,_~jlf_t,';Jl, .,,"".,", "' ioilli!'ll j~ _hJ 'lII!Ililii;'~ "--~,-I'-" -..,C" '~'>,'" _,<",_ ~0 . ,. ^=7" :..;' " ~~{,-":'.:i,LJ~~' ""'''1 .,,-~ -'....."''-'.... -" """,,,,.: t""'- \)i FlU:[} {Ji'tiGE ;};';Y1TUr.',".i(")-\ ^ nv ._ ' , ,_.-1,1 ,',,.ii-., Nll 00 SEP I 5 PM 31 I G CUMBERLAND COUNTY f\tNNSYlVANU\ Il! cc: :1 ~i 'I ;1 --j ,j) {i :j \ " , -'I ,_.~" ,_,__;~ _. m_ 7. The Mother shall always have custody of the children on the weekend of Mother's Day and the Father shall always have custody on the weekend of Father's Day. This provision shall supercede any other provision of this Order, 8. The parties may modifY this custody arrangement by agreement between themselves. Absent an agreement, this Order shall control. In the event either party desires to modifY this Order, that party may petition the court to have the case again referred to the Custody Conciliator for a Conciliation Conference. BY THE COURT, 1i/~ J. Maryann Murphy, Esquire Michael J. Hanft, Esquire ~ C . f\ DO ~ o;\~lC ~~ - v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KRISTIN WISER, Plaintiff GARY WISER, Defendant NO. 2000 - 4616 CIVIL IN CUSTODY 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 children who are the subject of this litigation is as follows: , '~ Ii :11 ]! J ,Ii ill I it ii "I I' ~IJ 11 II I' ,I il 'I II 'il ;11 :1 !~ jl 11 II II :j " I' , 'ij ii it I' J; Ii i: Jacob Gary Wiser, born November 12, 1990; and Preston Robert Wiser, born April 17, 1996. 2. A Conciliation Conference was held on September 13, 2000, with the following individuals in attendance: The Father, Gary Wiser, with his counsel, Michael J. Hanft, Esquire; and Maryann Murphy, Esquire who was counsel for the Mother. 3, The Conciliator recommends the entry of an order in the form as attached based upon an agreement by the parties and their counsel. Hubert X, Gilroy, Esquire Custody Conciliator ~~ DA }~ c ., ~ ~ , ;", 'c."., -'"."., ~-,.~ ., , "~ . - ... . .~-,-.-" - - , <, ,~, " .F ,