HomeMy WebLinkAbout00-05356
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ROBIN UNGER
PLAINTIFF
V.
JODY WEAVER
DEFENDANT
IN TIIE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-5356 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 7th day of August ,2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 31st day of August , 2000, at 1:00 p.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 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.
FOR TIIE COURT,
By: Isl
Melissa P. Greev Es
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
HA VB AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTI! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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ROBIN UNGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
if
v.
: CIVIL ACTION - LAW
: IN CUSTODY
: NO. 00- &l$'b CIVIL TERM
JODY WEA VBR,
Defendant
ORDER OF COURT
AND NOW, this
day of
, 2000, 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 defme and narrow the issues to be heard by the court, and to enter into a
temporary order, Either party may bring the child who is the subject of this custody action to
the conference, but the child/children's attendance is not mandatory. Failure to appear at the
conference may provide grounds for entry of a temporary or permanent order.
FOR THE COURT:
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HA VB 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 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 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.
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ROBIN UNGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTION - LAW
: IN CUSTODY
JODY WEAVER,
Defendant
: NO. 00- ~ CIVIL TERM
ORDER OF COURT
You, Jody Weaver, defendant, have been sued in court to obtain custody, partial custody
or visitation of the child: Laurel Brooke Weaver.
You are ordered to appear in person at
on
, at
,m. for
a conciliation or mediation conference.
a pretrial conference.
a hearing before the court.
If you fail to appear as provided by this order, an order for custody, partial custody or
visitation may be entered against you or the court may issue a warrant for your arrest.
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VB 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 Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 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 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.
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ROBIN M. UNGER,
Plaintiff
IN THE COURT OF COM:MON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CNIL ACTION - LAW
IN CUSTODY
JODY WEAVER,
Defendant
NO. 00- 53 s-l. CIVIL TERM
COMPLAINT FOR CUSTODY
The plaintiff, Robin M, Unger, by her attorneys, the Family Law Clinic, seeks shared
legal and primary physical custody of the parties' child, Laurel Brooke Weaver, born March 4, 1997,
and avers in support thereof as follows:
I, The plaintiff is Rabin M, Unger, residing at 10 Wilbert Drive, Carlisle, Cumberland
County, Pennsylvania, 17013,
2. The defendant lody Weaver, residing at 847 Mohn Street, Oberlein, Dauphin County,
Pennsylvania, 17113.
3. Plaintiff seeks custody of the following child:
Name
Present Residence
Date of Birth
Laurel Brooke Weaver
10 Wilbert Drive, Carlisle, PA 17013
03/04/97
The child was born out of wedlock
The child is presently in the custody of Robin M. Unger, who resides at 10 Wilbert Drive,
Carlisle, Cumberland County, Pennsylvania, 17013,
During the past five years, the child has resided with the following persons and at the
following addresses:
Persons Address Dates
Robin Unger and lady Weaver 11 North Paxtang Avenue, Harrisburg, PA 17111 03/97-12/99
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Robin Unger 10 Wilbert Drive, Carlisle, PA 17013
(mother)
Rose and Richard Unger
(Parents)
Gail Unger
(sister)
Ricardo Jr., Justin and Jasmine Jefferies
(sister's three children)
12/99- present
Note: Sister and her three children are in the process of moving to a different residence.
The mother of the child is currently residing at 10 Wilbert Drive, Carlisle, Cumberland
County, Pennsylvania, 17013.
She is single,
The father of the child is currently residing at 847 Mohn Street, Oberlein, Dauphin County,
Pennsylvania, 17113
He is single.
4. The relationship of the plaintiff to the child is that of Mother. The plaintiff resides with
the following persons:
Name
Relationshiu
Laurel Brooke Weaver
Daughter
Richard Unger
Father
Rose Unger
Mother
Gail Unger
Sister
Ricardo Jr., Justin and Jasmine Jefferies
Sister's Children
5, The relationship of defendant to the child is that of Father. The defendant currently
resides with the following persons:
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Becky Rose
Relationshin
Sister
6. Plaintiff has 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.
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 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) Mother has been the sole caretaker of the child since late February, 2000.
b) Mother continues to exercise parental duties and enjoys the love and affection of the child;
c) Mother is willing to grant Father periods of partial custody in order for child to develop
a stronger parent/child relationship with both parents;
d) Mother provides child with a home with adequate moral, emotional and physical
surroundings as to meet the child's needs.
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.
WHEREFORE, plaintiff requests the court to grant to mother shared legal and primary
physical custody of the child, with periods of partial custody to be exercised by father.
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Andrew J. Morrow
Certified Legal Intern
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THOMAS M. PLACE
ROBERT E. RAINS
Supervising Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
717/243-2968
VERIFICATION
I verify that the statements made in this Custody Complaint are true and correct to the best
of my personal knowledge and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities.
Date: 1 ,~I/OQ
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ROBIN M, UNGER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
IN CUSTODY
JODY WEAVER
Defendant
NO. 00- J:is\c, CIVIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow Robin M, Unger, Plaintiff, to proceed in forma pauperis.
I, Andrew J. Morrow, Certified Legal Intern in the Family Law Clinic, 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 service to the party. The party's affidavit showing inability to pay the
costs of litigation is attached hereto,
fl",."J,. ()AA.<J J %.,~
Andrew J. Morrow
Certified Legal Intern
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THOMAS M. PLACE
Supervising Attorney
Date: 7~ '31- 00
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
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ROBIN M. UNGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODY
lODY WEAVER,
Defendant
: NO. 00-
CIVIL TERM
AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
I. I am the Plaintiff in the above matter and because of my fmancial condition am
unable to pay the fees and costs of prosecuting or defending 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: Robin Unger
Address: 10 Wilbert Drive, Carlisle, Pennsylvania 17013
Social Security No.: 200-54-8229
(b) Employment
If you are presently employed, state
Employer: Hampton Inn
Address: 3721 Market Street, Camp Hill, Pennsylvania
Salary or wages per month: $100 per month
Type of work: Housekeeping
(c) Other income within the past twelve months: None
Interest:
Dividends:
Pension and annuities:
Social security benefits:
Support payments:
Disability payments:
Public Assistance:
Other:
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(d) Other contributions to household support
(Wife)(Husband) Name: Unmarried
Contributions from children:
Contributions from parents: Robin Unger resides with Richard and Rose Unger, her
parents. She is provided free room and board.
(e) Property owned
Cash:
Checking account:
Savings account:
Certificates of deposit:
Real estate (including home):
Motor vehicle:
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage:
Rent:
Loans:
Other: Ms. Unger uses the money she earns to help pay for Laurel's clothing,
supplies and toys.
Persons dependent upon you for support: One child
Name: Age:
Laurel Brooke Weaver 3
4. I understand that I have a continuing obligation to inform the court of improvement
in my financial circumstances which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. s4904, relating to
unsworn falsification to authorities.
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Robin M. Unger, Plaintiff'
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item 4 if Re$tricted: Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
.. Attach this Gard to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
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ROBIN UNGER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CNIL ACTION- LAW
: IN CUSTODY
JODY WEAVER,
Defendant
: NO, 00-5356
CIVIL TERM
CERTIFICATE OF SERVICE
I, Andrew 1. Morrow, Certified Legal Intern, Family Law Clinic, certify that I am serving
a true and correct copy of the Complaint for Custody and Order of Court to appear at a Custody
Conciliation Conference on Thursday, August 31,2000, at 1:00 P.M. in front of Melissa Greevy,
Esq., an Jody Weaver, Defendant, who resides at 847 A Moho Street, Steelton, Pennsylvania,
17113, by dropping a copy of the same in the U.S. mail, certified, restricted delivery, return
receipt requested, postage prepaid. Service was complete by ::::foly ~ I(j1 'lIfJ/),.-
an the \~ day of ~, 2000, as evidenced by his signature on the attached green card.
Date: 8'/<-1/ ~
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A1:J.drew J. Morrow
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
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Robin Unger,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CNIL ACTION- LAW
IN CUSTODY
Jody Weaver,
Defendant
NO. 2000- 5356
CIVIL TERM
ORDER
AND NOW, this ~ day of ~
, 2000, the attached Custody and
Visitation Agreement is approved and entered as an Order of Court,
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Robin M, Unger.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTlON- LAW
IN CUSTODY
lody Weaver,
Defendant
NO.Oo-5"3S","
CIVIL TERM
CUSTODY AND VISITATION AGREEMENT
THE FOLLOWING AGREEMENT, made this 7../ day of .bf/W+ , 2000,
between Plaintiff, Robin M. Unger, (mother) and Defendant, lody Weaver, (father) concerns the
custody and visitation of their child, Laurel Brooke Weaver (child), born March 4,1997,
Mother and Father agree to the following:
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I, Mother and Father shall have shared legal custody of the child.
2. Mother shall have primary physical custody of the child.
3, Father shall have partial physical custody of the child according to the following
custody schedule:
a, Father shall have every other weekend from Friday at 6:00 P.M. through Sunday at
6: 00 P.M. for the first three months of this Order. If father follows through on his custodial
periods and demonstrates an interest in the child, he shall thereafter have every weekend from
Fliday at 6:00 PJ..1. through Sunday at 6:00 P.~1.
b. Father shall also have an additional one week period of custody during the year.
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Once the child is of school age, father shall exercise this custodial period during the summer,
Father shall give mother 30 days notice of this custodial period,
4. Mother and Father shall divide custody of the child during Thanksgiving, Christmas
Day, Easter Sunday, and her birthday, by mutual consent, so that each parent has substantial time
with the child on each of those days.
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5. Mother shall have custody of the child during Mother's Day,
6, Father shall have custody of the child during Father's Day.
7. The custodial parent shall allow the noncustodial parent to have reasonable telephone
communication with the child.
8, Father shall be responsible for all transportation of the child to and from mother's
residence,
9, Mother shall keep father informed of the child's dietary and medical needs.
10, Neither parent shall do anything which may estrange the child from the other party,
or injure the opinion of the child as to the other parent, or which may hamper the free and natural
development of the child's love and respect for the other parent.
II. Mother and Father desire to make this agreement a Court Order, They may modify
,
this agreement, such as allowing father additional periods of visitation, by mutual consent. In
the absence of such mutual consent, the terms of this Order shall control.
12. The father understands that the Family Law Clinic represents only the mother's
interests in this matter and has advised him that he should seek the advice of legal counsel.
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Andrew J. Morrow
Certi led Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
Counsel for Plaintiff
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Robin Unger,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CNIL ACTION- LAW
IN CUSTODY
Jody Weaver,
Defendant
NO. 2000-5356
CERTIFICATE OF SERVICE
I, Andrew J. Morrow, Certified Legal Intern, Family Law Clinic, hereby certify that I am
serving a true and correct copy of the Custody and Visitation Agreement and Order of Court on
Jady Weaver, 847 A Mohn Street, Steelton" Pennsylvania, 17113, by depositing a copy ofllie
same in the United States mail, this 8th day of September, 2000.
Date: crill 66
~~~?n,,<tI>n~v
Andrew J. Morrow
Certified Legal Intern
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Counsel for Plaintiff
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ROBIN UNGER,
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 00-5356 Civil Action - Law
JODY WEAVER,
Defendant.
In Custody
ORDER OF COURT
AND NOW, this 30th day of August, 2000, the Conciliator, being advised by Plaintiffs
counsel that all custody issues have been resolved by Stipulation of the parties, hereby
relinquishes jurisdiction in this case.
FOR THE COURT,
Me issa Peel Greevy, Esquire
Custody Conciliator
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