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HomeMy WebLinkAbout02-5830SUE ELLEN NAILOR, Plaintiff RICKIE LEE WEAVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : CUSTODY/VISITATION COMPLAINT FOR CUSTODY 1. The Plaintiff is Sue Ellen Nailor, residing at 161 Big Spring Terrace, Newville, PA 17241. 2. The Defendant is Rickie Lee Weaver, residing at 3115 Ritner Highway, Newville, PA ! 7241. 3. Plaintiff seeks custody of the following children: NAME RESIDENCE. DOB AGE Logan M. Nailor 161 Big Spring Terrace 12/27/99 2 Newville, PA 17241 The child was born out of wedlock. The child is presently in 'the custody of Sue Ellen Nailor. During their lives, the child has resided with the following persons and at the following addresses: NAME ADDRESS DATES Mary E. Nailor 507 Shed Rd. 12/30/99 8/02 Newville, PA 17241 Terrsa and Rick Brownewell 161 Big Spring Terrace 8/02 - Present Newville, PA 17241 The mother of the child is Sue Ellen Nailor. She is unmarried. The father of the child is Rickie Lee Weaver. He is unmarried. 4. The relationship of the Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: Terrsa and Rick Brownewell, her sister and brother-in- law. 5. The relationship of the Defendant to the children is that of father. The Defendant currently resides with the following persons: Paul and Connie, friends of defendant. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children 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 children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: A. Plaintiffhas undertaken and performed the primary parental responsibilities for the child. B. Plaintiffis best able to provide the care and nurture which the child needs for healthy development. C. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided. D. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. 8. Each parent whose parental rights to the children have not been terminated and the person ~ho has physical custody of the children have been named as parties to this action. WHEREFORE~ Plaintiff requests the Court to grant primary physical custody of the child to Mother, with visitation in the Father to be agreed upon by the parties. Respectfully submitted, Mark F. Bayley, Esq. Attorney for Plaintiff 155 S. Hanover Street Carlisle, PA 17013 Telephone: (717) 241-6070 Supreme Court ID No. 87663 SUE ELLEN NAILOR, Plaintiff RICKIE LEE WEAVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : CUSTODY/VISITATION : : NO. CIVIL TERM CERTIFICATE OF SERVICE I. Mark F. Bayley, Esquire, attorney for Plaintiff, hereby certify that 1 this day served a copy of the Cttstody Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Rickie Lee Weaver 3115 Ritner Highway Newville, PA 17241 Dated: December 5, 2002 Mark F. Bayley, Esquire Attorney for Plaintiff VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition 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. Sue Ellen Nailor SUE ELLEN NAILOR PLAINTIFF RICKIE LEE WEAVER : DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5830 CIVIL ACTION LAW iN CUSTODY ORDER OF COURT AND NOW, Thursday, December 12, 2002 , upon con sideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before J_acqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 09, 2003 at 8:30 ~ 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. All children age five or older may also be l~resent at the conference. Failure to al~l~ear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ _Iacqueline M. Verney. Esq L/ 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 accessi'ble 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 ATTORNI:;Y AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 c~. £/. ~/ SUE ELLEN NAILOR, Plaintiff V. RICKIE LEE WEAVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-5830 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 8th day of December, 2003, not hearing from the parties since May 15, 2003 regarding the scheduling of a Conciliation Conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~ney,~E~qu~i~onciliator NOV 0 9 ZO0 SUE ELLEN NAILOR, Plaintiff V. RICKIE LEE WEAVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-5830 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ~4~ day of /0 ~ ,2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated September 10, 2004 is hereby vacated. 2. The Mother, Sue Ellen Nailor, and the Father, Rickie Lee Weaver shall have shared legal custody of Logan M. Nailor, born December 27, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody, as follows, a. Beginning November 13, 2004 alternating overnights from Saturdays at 10:00 a.m. to Sunday at 5:00 p.m. b. Beginning Father's first alternating weekend in January 2005, alternating weekends from Friday at 6:30 p.m. to Sunday at 5:00 p.m. c. These weekends shall be consistent with Mother's weekend work schedule. d. Such other times as the parties agree. 5. Thanksgiving shall be shared 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall have physical custody of the child for the earlier time in 2004. The parties shall share Thanksgiving as agreed in future years. 6. Christmas shall be divided into two blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall always have Block A and Father shall always have Block B. 7. Memorial Day, July 4th and Labor Day shall be alternated consistent with Mother's work schedule. In the event a Monday holiday coincides with Father's weekend, he shall have physical custody Sunday ovemight. 8. Father shall be entitled to one uninterrupted week in the summer provided he give Mother 30 days prior notice. 9. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. 10. The parties shall share transportation such that the receiving party shall transport the child. 11. Neither party may partake in illegal drugs or alcohol to the point of intoxication immediately before or during their custodial period. 12. number. The parties shall keep the other apprised of their current telephone 7. This Order is entered pursuant to an agreement of the parties at a Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control Edward E. Guido, cc'~ark F. Bayley, Esquire - Counsel for Mother ~athan C. Wolf, Esquire - Counsel for Father Jo NOV 0 9 200 SUE ELLEN NAILOR, Plaintiff RICKIE LEE WEAVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-5830 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Logan M. Nailor DATE OF BIRTH December 27, 1999 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on November 9, 2004. Present at the conference were Mother, Sue Ellen Nailor, with her counsel, Mark F. Bayley, Esquire and Father's counsel, Nathan C. Wolf, Esquire. 3. The Honorable Edward E. Guido entered a prior Order of Court dated September 10, 2004 providing for shared legal custody, with Mother having primary physical custody and Father having alternating Saturdays. 4. The parties agreed to an Order in the form attached. Date rney, Esquire Custody Conciliator