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Home My WebLink About97-04241 'i 1 ~ , ~ ..... \l ." ~ '" ~ ~ ~ . ... ~ ~ ; ..... ~ .:) . SHIRLEY A, WHITTEN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- L!2-4IcIVIL TERM DEBORAH L. GISELMAN and DENNIS WEIDNER, Defendants CIVIL ACTION - LAW ORDER OF COURT AND NOW, this ">OJ day of i\ -:]\.) 0;" -\ , 1997 upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before \\0b~\t 'I., (:)I,\,C()~ , Esquire, the Conciliator, ,,,~ ~, . r\ l..:t"~t~I'\l""iJ ..~,.., at (.",.~,\(n-i (0 (L\,J'\I,(\{.(', Pennsylvania, on the ,C\ day of S~?rr"..,h(~r , 1997, at -.:L o'clock, ..J:.l..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. Either party may bring the child who are the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The Pre-Hearing Custody Conference shall be held at FOR THE COURT: By:l{nI~\.l X .-~}.J}.i't~, CUst y Conciliator Itb) , . YOU SHOULD TAItE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, Go TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN Gin' LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR CUmberland County Courthouse Fourth Floor Carlisle, PA 17013 Telephone: (711) 240-6~00 - v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO, 97-L(}.L/ f CIVIL TERM SHIRLEY A. WHITTEN. Plaintiff DEBORAH L. GISELMAN and DENNIS WEIDNER, Defendants CIVIL ACTION - LAW COMPLAINT FOR CUSTODY 1. The plaintiff is Shirley A. Whitten, residing at 631 Willow Grove Road. Carlisle. Cumberland County, Pennsylvania. 2. The Defendants are Deborah L. Giselman. residing at 5787 York Road, New Oxford, Adams County. Pennsylvania. and Dennis Weidner. residing at 597 Peach Glen-Idaville Road, Gardners, Adams County, Pennsylvania, 17324. 3. Plaintiff seeks custody of Kristin Lee Weidner, age 12. date of birth. September 26. 1984. who currently resides at 631 Willow Grove Road. Carlisle, CUmberland County. Pennsylvania. The child was born out of wedlock. The child is presently in the custody of the Plaintiff whose residence is set forth above. During the past five (5) years. the child has resided with the following persons and at the following addresses: HJmf: Address ~ Shirley A. Whitten, Paul D. Whitten and Ty J. Whitten Alma M. Giselman 631 Willow Grove Road Carlisle. PA 17013 6/97 to Present Deborah L, Giselman and Annamay Ramos 114 Woodlawn Lane Carlisle, FA 17013 5787 York Road New OXford, PA 6/96 to 6/97 Sunmer/9S to 6/96 Deborah L. Giselman Broad Street 1/94 to and Annamay Ramos Newville, PA 6/95 Deborah L. Giselman Highland Court Summer/93 and Annamay Ramos Carlisle, PA to 1/94 Deborah L. Giselman Highland Court 1992 to and Tina Hetrick Carlisle, PA Summer/93 Deborah L. Giselman Unknown Late 1980s and Lori Martin Carlisle, PA to 1992 4. The relationship of Plaintiff to the child is that of maternal aunt. The Plaintiff currently resides with the following persons: ~ Paul D. Whitten Ty J. Whitten Relationshio Husband Son The mother of the child is Deborah L. Giselman, currently residing as set forth above. She is single, The father of the child is Dennis Weidner, currently residing as set forth above. He is single. s(a). The relationship of Defendant Deborah L. Giselman to the child is that of mother. She currently resides with the following persons: HAlK Relationshio Annamay Ramos Paramour (b) The relationship of Defendant Dennis Weidner to the child is that of father. He currently resides with the following persons: ~ Leroy Weidner Pauline Weidner Relationshio Father Mother 6. Plaintiff has not participated as a party or witness in other litigation concerning the custody of the child. 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 this proceeding 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 the Plaintiff can offer a stable address and family living environment for the child which has not been provided by the natural mother or father. The natural mother has cohabited in a lesbian relationship with several women during the child's lifetime which has been detrimental to the best interests of the child. The natural father. due to a gunshot wound to the head, suffers from a mental disability and is unable to provide proper care and supervision for the child. The maternal grandmother. with whom the child resided from June. 1996 to June. 1997 is 70 years old, in poor health, and unable to properly care for the child. 8. Each parent whose parental rights to the child bas not been tel1llinated and the person who has physical custody of the g \D .... ~ (J) -nt", l"1 ~" '"Q ";:;, ~L,: \D -, ....,. ~< n rl.." :r- ~ 7"0 :;c . . , '') 'f! :,n }.; ~-- ~ i.-I .,. ~ - ., .r ...~~ ~SEP 2 3 1991 SHIRLEY A. WHITTEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW . . DEBORAH L. GISELHAN and DENNIS WEIDNER, Defendants :NO: 97-4241 CIVIL TERM . . : IN CUSTODY COURT ORDER AND NOW, this I.'" day of September, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Maternal Aunt, Shirley A. Whitten, shall enjoy legal and physical custody of Kristin Lee Weidner, born September 26, 1984. 2. The Mother, Deborah L. Giselman, and the Father, Dennis Weidner, shall have contact with the minor child at such times and under such arrangements as agreed to by the Maternal Aunt. 3. This Order is entered pursuant to the attached Custody Conciliation Report and is entered with recognition that the Mother and Father were not in attendance at the Custody Conciliation Conference. In the event either parent desires to modify this Order, that parent may petition the Court to have the case again scheduled with the Custody Conciliator. At that time, either parent may raise all issues of custody in this case including the standing of the Maternal Aunt, Shirley A. Whitten, to claim custodial rights over the minor child. BY THE COURT, CCI Hichael R. Rundle, Eaquire Deborah L. Giaelman 57'7 York Road N_ OJCtord, PA 11350 Dennis Weidner 597 P..ch Glen-ldaville Road Gardnera, PA 17324 7 /IlL. . J. ('~4.< ~,.;I.cl. , J ,..-tln --r- ...& f'. -........ SHIRLEY A. WHITTEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . v :CIVIL ACTION - LAW . . DEBORAH L. GISELHAN and DENNIS WEIDNER, Defendants :NO: 97-4241 CIVIL TERM . . : IN CUSTODY CONCILIATION CONFERENCE SVMKARY 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 subject of this litigation is as follows: Kristin Lee Weidner, born September 26, 1984. 2. A Conciliation Conference was held on September 19, 1997, with the following individuals in attendance: The Haternal Aunt, Shirley A. Whitten, with her counsel, Hichael R. Rundle, Esquire. 3. The Plaintiff in this custody action is the Haternal Aunt who currently has custody of the minor child. The Father and Hother were never married. The Father has not seen the child for a number of years. The Mother has not seen the child since November of 1996. Both parents were served with notice of the hearing and did not attend. The child resided with the Haternal Grandmother, who is approximately 70 years old, from June 1996 until June 1997, and the child has resided with the Plaintiff, Haternal Aunt, from June of 1997 until the pre.ent date. The Haternal Aunt is providing all care, control and maintenance for the minor child. 4. Ba.ed upon the foregoing, the Conciliator recommends an Order in the form as attached. ?1:J~/9 "? DArE re