The URL can be used to link to this page

Home My WebLink About01-2099 FX . BARBARA WEIBLEY 3.10.03. CUSTODY MODIFICATION PETITION BARBARA J. WEIBLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAUL WEIBLEY, Defendant CIVIL ACTION - LAW IN CUSTODY M~ 100' v. No. 01-2099 Civil Term ORDER OF COURT AND NOW, this ____ day of , 2003, upon consideration of the attached Complaint, IT IS HEREBY DIRECTED that the parties and their respective legal counsel shall appear before the conciliator, at on the day of , 2003, at , for a Pre- hearing Custody Conference. At such conference an effort will be made to resolve the issue 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 or Children who are the subject of this custody action to the conference, but the child's/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BY OR FOR THE COURT: CUSTODY CONCILIATOR !~;;r",!"",'P'~'""",~ ''" _ , -'- ..^ l,q,T ,. ., 'F,", -! d,'_ - ",~ 1 ~ -"I . , BARBARA WEIBLEY 3.10.03. CUSTODY MODIFICATION PETITION AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply wi th the American wi th 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. - 2 - " . Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA BARBARA J. WEIBLEY, : NO. 01 - :;)Ocr;' Ci~;(~~ PAUL WEIBLEY, : CIVIL ACTION - LAW 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 , Esquire, Conciliator, at the , Pennsylvania, on the day of , 2001, at a.m/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 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 is the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT DATED: BY: 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 WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 . ~- _ .J I '~ ., ,-. , . ...........: . " . Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0 1- .209 q C;;d -r ~ BARBARA J. WEIBLEY, PAUL WEIBLEY, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR CUSTODY AND NOW, comes Plaintiff, Barbara J. Weibley, by and through her counsel, Reager & Adler, PC and petitions this court as follows: 1. Plaintiff is Barbara J. Weibley, residing at 105 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant is Paul Weibley, residing at 1552 Holly Pike, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks shared legal and physical custody of the following children: Austin Priest Weibley; DOB 8/24/86, SS #204-68-2766 Justin Priest; Weibley; DOB 12/20/96, SS #198-76-6519 During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESS DATE(S) Paul & Barbara Weibley 1552 Holly Pike Carlisle, P A Paul and Barbara Weibley 1552 Holly Pike Carlisle, P A 1/15/01 to the present 105 Hilltop Drive Mt. Holly Springs, P A '""",- ~-...._~ ." I r I' . . 'J- -, I '__ r' . '. . . 4. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: None. 5. The relationship of the Defendant to the children is that offather. The Defendant currently resides with the following persons: None. 6. There has been no prior actions for custody but there is an agreement in regard to custody attached hereto as Exhibit "A". 7. The parties' current shared custody arrangement should be altered to address a change in Defendant's work schedule. In addition, the current schedule provides for too many transfers and an alternating weekly schedule would better serve the needs of the children. WHEREFORE, Plaintiff requests the Court to grant her request for shared legal custody and a modified shared custody arrangement. Respectfully submitted, REAGER & ADLER, PC Date:~ 4! "","~' ,e ' '"",,, f I: '!~ '---~ ::~r.r""".~ '. . , VERIFICATION I, Barbara Weibley, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date:3!d'?~f ~ ~l 1-" -" , r .A ;V/> rv- SAIDIS fJ.lJ!'liBPWER &Ul'lUSAY ATTtIIINIMI.,a.I"l.W :6 W.lIIgh Street CullsIe, PA i"%"~1!'J' If weib!ey I November 21 , 2000 msa tjb '. , . 5. Alimony: The parties waive any claim that they may have one against the other for alimony, alimony pendente lite or spousal support. The parties acknowledge that each has sufficient assets with which to maintain themselves after divorce. 6. Marital Debt: In the course of their rnarriage, certain credit card debt has been incurred by WIFE, including a 'Master Card obligation in the amount of approximately $7,500.00. With the exception of the first mortgage, the second mortgage and the line of credit, payable to Members 1st, which will be HUSBAND's individual obligation, WIFE will assurne aU_ debt as her exclusive obligation as of the ~.C-'" date of this agreement. Each party will incur no debt for which the other may be liable, and will indemnify and hold the other harmless for any debt so incurred. GJ Custody: The parties are parents of two children: Justin Weib/ey, born December 23, 1996; and Austin P. Weibley, born August 28, 1986. The parties shall share legal and physical custody of said children. HUSBAND shall have physical custody of said children each week from Tuesday after school or at 4:00 p.m. until Saturday morning at 9:00, WIFE shall have physical custody of the children from Saturday momings at 9:00 a.m. until Tuesday after school or at 4:00 p.m. The parties agree to a modification of this basic schedule for holidays, vacations and special occasions so long as the agreement is mutual. The parties will do nothing which injures the love and respect the children have for each of the parents. 7 I " 'I - ~" , f ~ - '1 Ei~ '0 ,.d_"~ ~,_~II!_~~-,!,"" .~ , .'^""""""'.."'" '<~_"".""^'_'_"='~__~ ^" _. M~ .'",,-. f .' ~ -p ~ (Q \l:- IT" ....... (") 0 l C' C,~ 0 -"-' ~.:->tI -r]C --;1 IT:j"i' ::.-:J ........ 0 2.:: I -'?l ....... "'- V! ;~-: ,.0 C\ ....... -<. <--- 2 -- r:::C~ .-,'1 0 "... - ,-,~ F! ~~t -::-~ :-:C) ~ ..m ~ r , :?~ :::;~: :<i :0 ....< ,~ "-..( .""("._"""",^'"" _ ,Il!f ., Ifh _.r !!$l!,!lqlIlW@f~~f~".~~~Wi1!!!?,*";;;;"1'J~"'f"*,,,;j~0!i;;1!':-*1~mrft~4i;w,*~w~'!if~jFj.~e'fii!NI;iJ!;~~~I~ , , PLAINTIFF V. PAUL WEffiLEY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA BARBARA 1. WEIBLEY 01-2099 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 17, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawu S. Suuday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 09, 2001 at 11:00 a.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. 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. The court hereby directs the parties to furnish auy 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: Isl Dawn S. Sunday. Esq. 60 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 infonnation 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 ATTORNEY 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 !'''';<''~14 " -,,. . . . -- ~-. "- i ' . I~ -, ^ .. ~ ", II _~r ,< ,_ ~P$~1tI~ hl1~~ ~,~ :% ~nI ~cl '/W \:/1 t\j\,/j\l).,S \~ ~-.,:3 c: 1 >- - ,~,~ ''-'" '-',"'" '" ~, '''h "-, ~>' " -r.W"""'~~".''''-',,, ""<<N'-~ ~-< ~ -~"".-r-"- ~till '""''''';;~ /(/2 /;/-// /&?/-Ij; /(IN/? "'I" "" ""'1'" ',,' ~.~ ':. ; (;, '-I !(' " ' ...' ~li!:~l ~;?AI~jl~ _~~,~_~U:~~'JII;jW".;;j!?i'F'R']"-"JE'L"I1Y"-""l''llljn~~~ - ~ . ,_ _~..ll;!'ll1ffi,1~rrl'J;r;;Jl'~_~~~~~' ,_~_c 'T '"" BARBARA J. WEIBLEY , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . NO. 01-2099 CIVIL TERM . . . PAUL WEIBLEY, . CIVIL ACTION - LAW . Defendant : IN CUSTODY aIDER OF CXXlRT 2~ it upon consideration of the attached ordered and directed as follows: AND NCIiIJ, this day of Custody J I.HIe. , 2001, Conciliation Report, it is 1. The Mother, Barbara J. weibley, and the Father, Paul Weibley, shall have shared legal custody of Austin Priest Weibley, born August 24, 1986, and Justin Priest, born December 20, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children Monday through Friday during weeks when he works the daylight shift. on days under this provision when the Children have no school and the Father is working, the Mother may have custody of the Children from 7:30 a.m. until 4:00 p.m. if she is available to provide care for the Children rather than using day care. B. The Mother shall have custody of the Children from Sunday evening through Friday after school or day care during weeks when the Father works the second shift or the midnight shift. During the Mother's weeks, the Father shall have custody of the Children on Tuesday and Friday evenings when the Mother is unavailable due to her work and the Father is available to provide care for the Children. C. on any weekday when the Mother is providing care for the Children, the Father shall have custody from 11:00 a.m. until 4:00 p.m. if he is available. "1. q-~'-"-f' '"_" "~of C'__ i _ ~'_ [' ," , . ;'ill ,", ~ .~...., "4,,. .", ,. ," .~~ .~ "0". . -. ~""". -.""",'~"""'~= ~",,'_..lJ ~--""",_",'. "-"'-"" IiIf\!V/CIAsNN:Jd }J1\tr:,'--f'" ,-_, 1'--_" ,_:J . 1\,1" II' l"r'--{I' "t!fll"'l:} . '- '-- -;', I ',>:-;:~:J'\j i .;., : F' .~ 'U :;]1 Dc; hI -',"',' " . "",-"tl'!! _L :_UJ!~_"~,,, "^'~~_""_f~_"","".."..~%'WfW"~~~~:~,~r<""-;-""!%t';~~~~!I'lJl!j~'w!~'lfilll~i/l~I.~~$Jlm~ , D. The Father shall have custody of the Children every weekend, subject to the Mother's right to have custody one weekend per month when the Mother is available to be with the Children, upon providing notice to the Father one week in advance. 3. In the event the Mother obtains daytime employment when the Father is also working, the parties shall cooperate in making appropriate childcare arrangements for Justin on a consistent basis by agreement. The parties agree that a parent who is available to provide care shall be entitled to preference over other third party caregivers. 4. The parties shall share or alternate having custody of the Children over holidays as follows: A. CBRIS'l'MAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Mqther shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. B. ALTERNATING HOLIDAYS: The holiday custody period on alternating holidays shall run fran 9:00 am. until 7:00 p.m. In odd numbered years, the Father shall have custody of the Children on Easter, July 4th and Thanksgiving and the Mother shall have custody on Memorial Day and Labor Day. In even numbered years, the Mother shall have custody of the Children on Easter, July 4th and Thanksgiving, and the Father shall have custody on Memorial Day and Labor Day. c. MCmIER'S DAY/FATHER'DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day from 9:00 a.m. until 7:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Children for two nonconsecutive weeks each summer when that party is not working. Each party shall schedule periods of vacation custody under this provision during his or her regular week of custody, although both parties shall be flexible in adjusting the schedule to acconnnodate travel plans for vacation. 6. In the event either party is unavailable to provide care for the Children for three hours or more during his or her periods of custody, that party shall first contact the other party to offer that party the opportunity to provide the care before contacting third party caregivers. _"1M _< _' _ ~~-C""-~' " I: ~ " --~ """. 7. The parties acknowledge that there may be changes to the parties I employment schedules which will necessitate a change in custody arrangements. The parties agree that if adjustments are necessary, they will attempt to maintain the e,ame amount of custodial time for each party as is provided in this order. 8. This order is entered pursuant to an agreement of the parties at a Custody 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. BY THE CXlURT, d( cc: Carol J. Lindsay, Esquire - Counsel for Father ~ ~~~.O\ 'l' V~.~ "]> - ."Oc -""-~." n" . I 'f .,-'-.- "-_.: ~ \ BARBARA J. WEIBLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-2099 CIVIL TERM : PAUL WEIBLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY CUSTODY ct'NCILIATICl'II SUMMARY REE'(ET IN ACCaIDANCE WI'l'H CUMBERLAND CXXlN'l'Y RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIR'l'H aJRREN'l'Ly IN CUSTODY OF Austin Priest weibley Justin Priest Weibley August 24, 1986 December 20, 1996 Mother/Father Mother/Father 2. A Conciliation COnference was held on June 20, 2001, with the following individuals in attendance: The Mother, Barbara J. Weibley, with her counsel, Debra Dennison Cantor, Esquire, and the Father, Paul Weibley, with his counsel, Carol J. Lindsay, Esquire. 3. The parties agreed to entry of an order in the form as attached. ~ d-dl ~CJrJ I Date t};~~ Dawn S. Sunday, Esquire CUstody Conciliator ~, "'11 - ,I,' ~, J ~ - ~- ,.'''' -'-~ .~,-~.,--- "<.~-.,,_." '-. -"~ ~~ . -'. "0""_" --:.' "-,~,- ,- '-'m',' ~,. "<-~Jh,j'" "~'J-~",,-~ -,,;,-, "-~,- ::.l'",,-.r~1J .~'_"'_k'" ";";,';;j"~U'f/i!r j .~ .~ .' ,~_!!l!~~M~~;lj?-1'fO;;;::!i~f'\li';-".,,,,,,-,,<!;;e;i,\t"-~f-)If\l'!,~~*,,~~j1;l'1!j1!l~lf!I!!W10j:;~!,!$i'l~'!~~~'%'?i_~~ BARBARA WEIBLEY '3.10.03. CUSTODt MODIFICATION PETITION BARBARA J. WEIBLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-2099 Civil Term PAUL WEIBLEY, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF PARTIAL CUSTODY OR VISITATION ORDER TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW this 1~1lctay of ~~2003, your petitioner, Barbara J. Weibley, hereby petitions this Honorable Court for the modification of the June 27, 2001 Custody Order and respectfully represents that: 1. Your Petitioner is Barbara J. Weibley, residing at 105 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Your Respondent is Paul Weibley, residing at Petersburg Road, Carlisle, Cumberland County, Pennsylvania. 3. On June 27, 2001, an Order of Court was entered pertaining to custody of the Children: Austin Priest Weibley, born August 24, 1986, and Justin Priest Weibley, born December 20, 1996. A true and correct copy of said Order is attached hereto, marked Exhibit "A" and made a part hereof. 4. The Order of Court dated June 27, 2001 should be modified because: a. The parties' oldest child, Austin Preist Weibley, decided that he no longer wanted to be in the joint physical custody of the parties and now lives primarily with the Petitioner. b. The parties' work schedules, upon which the June 27, 2001 Order was based, have changed making the current schedule unworkable. c. The best interest of the Children would be served by granting petitioner primary physical custody. 5. The Petitioner requests that the Order of Court dated June 21, 2001 be modified as follows: - 3 - :;r;r ^" ~'" ,_Ao'_' ,-- '.'; ~, <-: ,- I ""'_,0 ,~" , ,~,,' 'r.' - \1:' BARBARA WEIBLEY 3.10.03. CUSTOD~ MODIFICATION PETITION , A. Grant the parties shared legal custody of the children; B. Grant the petitioner primary physical custody of the children; C. Grant the Respondent partial physical custody of the children, with the partial custodial periods with the oldest child, Austin Preist Weibley, being at such times as that child may direct. WHEREFORE, the Petitioner respectfully requests this Honorable Court to modify the June 21, 2001 Order of Court in accordance with the requests of the Petitioner. Respectfully submitted, DIANE G. CLIFF, ESQUIRE I 34 Trindle oad Ca Hill, P 1 7011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Petitioner - 4 - 'P:W'~-"'f"",.1.1'1' ..... .), , , . , 1 r', . BARBARA WEIBLEY 3.10.03. CUSTOD~ MODIFICATION PETITION I VERIFICATION Barbara J. Weibley verifies that the statements made in this complaint are true and correct. Barbara J. Weibley understands that false statements herein are made subj ect to the penal ties of 18 Pa. C. S. 4904 relating to Date: 3/1 (03 unsworn falsification to author' - 5 - "0,,"1' -"'- ,-" ,-Y> r -~" ~ ,-., " ,. ,.~~~,rl=' ""~~!II" - ~ ~".". BARBARA WEIBLEY 3.10.03. CUSTOD\ MODIFICATION PETITION EXHIBIT "A" JUNE 21, 2001 CUSTODY ORDER - 6 - -,.."..-. ~ , I:"" - '''' l- "' BA ~EAHA J. I\lBIBLEY, Pl.ainti'ff . . . . -"'>"':J'., ' ,. rnmilE'iOOEJRi' OF O'JMMON ll'BEAs OF CUMBEfuj~ Ca:Jmy, PBNNstiVM-IA : : VB. : NO. 01",2099 CIYrL TERM PAUL WEIBLEl:, Defendant . . . . CIV. I.L:AGWI<'JN - LAW " : (:L~< ,ii:),-, ' IN. CUST<il1DY . . l- aIDER OF <Xx1RT 7."7 ~ upon consideration of the attached ordered and directed as follows: 1llID l!DII, this d<ly of CustodY ..u~))c.i,200I, C6neiliati6lilRepert,it is 1. The Mother, Barbara J. weibley, ~\;;~g,~qthe~,.i?<!;~>!9;g~~l~YI shall have shared legal custody of, AustinIt$;~~'iW~~P~~Yd~t9;~~, ~*} 1986, and Justin Priest, bom DecemQer 20, i~,~~.,' '"(~~~,'~~i/i1i,,ii+~ equal right, to be exerciSed join~ly with:H :1!'1~~l'lt;,t~,';". ,"~~ ~jor !lOn-eIl)e. rgency de.ci.si.ol'lS, aff~,. ting, '.'~. ".,e.'",',:,i,i ' is,;. "..'.~.e.;Pi~..r:.i.i~i,Y{fl'f~mll,..'"i~,",!.,','....,,', mclud~ng, but no~. hmJ.ted to, . all. deq:!-~ ,;;M~' :,~I!'~ i ,. educatJ.on and. relJ.~J.on.PUrsuar)t, to !1fh~"!L :~~~i',. li~i!~~!i parent shall beentJ.tled toallre~ros, ianlll!ti J~:;~~ i~<?i~~ ~ildren. including, but nG)t limited tQI:S,;i~~~~~>iC,J~> mformatJ.on. To the extent one pmtent ~j"i4!~i!i,~~,,~ ii' ,,!i/jllt'~ or i~orma~ion, that. parent. Shal~.'17 r. ~i;,,~ '.'.::,',;i!tilil.i~;.!"~.',:i!s..,~. ,!,,:,~,j:~....,~...;:~.:.,IS,'..' thereof, wJ.th the other parent WJ.~J.n such. . , )l:eit)illlE! 'iqB,"l:!!>' ll~ei~e C,', "i! .':,'.., _",1 _, ' , records and information of reasonable use to the!'; ',& patent. ,d. Ii ' 2. The parties shall have physicalcustClldy of t!he Child~ i~n accordance with the following schedule: A. , . .! The Father shall have custody. of J'!i'eC;hil~<an ('loM~yqnp~M9/:l . Friday during weeks wh<an he wOJ;"k.$We dayl.i;gl1t ~shli.ft-. ..chii:~~~Sii under this provision wh.en the CQ:i.ldJ::enhave.nd.sch90I~!il!it~~i " - ~ ' , -, ,,; , , " '_ ~,' - - - > - - ." - I.! ,:I. _ L-;.' _ ' Father is working, the Mother may haye cust;odyiqEt:beChJi;~~, from 7:30 a.m. until 4:00 p.m. i€$beis avai~aQle tOprOVi~~i care for the Children rather than using day CaI:;e. . B. The Mother shall have custody of the ChildJ:ten ,fFOffi SllJl\p~yi evening through Fridayaft-erschool, ex day eat'eqlWing~!'l~~ wher,t the Father wc:rks the second.shitt.9r theFtOri:i:gnt-~~i~~+ i' Dunng the Mother s weeks, theE'ather'shall /iiCl:veC1:l!;l,t-~~f ii the ~ildren on Tuesday and Friday evenings when t:b~MI;l.~~~.j.# i unavaJ.lable due to her work andbheu Father i~ available t<i1 ,I, provide care for the Children. i. . : ,- ~ - " i 'i; en any weekday when the Mother is pJ;"oviding, Cl1fe,~ofiM-~.i Children, the Father shall have custody fr(!jm IJ.:OO,:a'I!I.,:$t~~ 4:00 p.m. if he is available. . '. : Ii c. ---'-"'''''"---"''''''''f"lI'f'''-''''''I'''IT'''''''~1lf_ ~ ~," -"'"~I""'l" ,:,,'" :..1 '.'... ji'!...! i:_,',:i'i" I!!! i'! I.!' ;,; i ',!I!F' '_:"':,,"'_,,I"T":_""'~'''"'1''~-~~'''1- 'I ' !-!r1-I~!S'!!'~1!'m'!"";~1~:-ld~":1~~'!!'!'!~~m,_,1~1!l!!1"!rr~1 III "',-,.1"''>' ,.~:_~"'.-''''_~~ ';:: I '"'_.0....--"',,'", ;' ;.,:_",~"_""~"l~.~;'t:lj+ff"7i'-"'-jF"" -:'t,,~~~,:_,"'):~Oi";;~":''!'Iy;,('hT!.:f,~,,_'';'-~::'_'" :' "'~;t..;.""-' .,":,:_,-.-! 1',-1 , ..:;:", 'Icl-;;;';':":';. ",'" .------ j~i~~'~~~~'~'1111~!'!\iji,n~IJ'i,i'I!JI.i~u1Ji"ii,j1M'jrlffiiwl;~~~~,."~""""~;":_""",,,,,, ",.,."", l ~ -":! .. :' ,,' ',- :' ' ,- r': , ' .' .' -. . D. 1he Father shall have custody of the Children every weekend, subjec:t to the Mother's right to have custody one weekend per month when the Mother is available to be with the Children, upon providing notice to the Father one week in advance. 3. In the event the Mother obtains daytime employment when the Father is also working, the parties shall cooperate in making appropriate childcarearrangements for Justin on a consistent basis by agreement. The parties agree that a parent who is available to provide care sha,ll be entitled to preference over other third party caregivers. " 4. The parties shall share or alternate having custody of the Children over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The MQther, shall have custody of the Childr~ during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbe,red years. B. AL~ "'~: , The holiday CUStody period on alternating holida~stJallrun from 9:00~.until 7:00 p.m. In odd numbered yecl!:lfkthe Father shall have custody of the Children on Easter,JJd,1y 4th and Thanksgiving and the Mother shall have custody OllJ\'IE!IIlOria1 Day and Labor Day. In even numbered years, the M6t:1l~shall have custody of the Children on Easter, July 4th. and Thanksgiving, and the Father shall have custody on Memorial Day and Labor Day. c. MO.L1:1lSK'S DAY/FATHER'DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day from 9:00 a.m. until 7:00 p.m. D. '!he holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Children for two nonconsecutive weeks each summer when that party is not working. Each party shall schedule periodS of vacation custody under this provision during his or her regular week of custody, although both parties shall be flexible in adjusting the schedule to accommodate travel plans for vacation. 6. In the event either party is unavailable to provide care for the Children for three hours or more during his or her periods of custoay, that party shall first contact the other party to offer that party the opportunity to provide the care before contacting third party caregivers. ~iS..;"', ~. -- " , ~~ ',.~:'.~.:" ~,~~..".,_~- "~'H '~ ~. '-- --, -. . ". "',"~ ~.' ~><- .~".". -? ,> ,0;. ,./ , "" '"""""'1, y , ~^ , ' ~~. .~ " ~ .~~-....-..,.,..,~-..,"- C"",,' "-', :.':'; ;,,-.<' .,--'---""-----'-'-'--, ""("':'"".:":J~~-';'~,',;' ", C," 0, 'l~t~g~LI~LJ~41[1,~:",.~~JII~~~~~~~~~~~'-~i;'""'~::""'~.o_~.",""O""""_,".'_"'" ! . '. ' 7. Thepattiesacki10wledge that there nay be changes to the parties' )1) employment schedules which will necessitate a change in custody I,;:,. arrangements. The parties agree that if adjustments are nece~sary, they .., will attempt to naintain the eame amount of custodial time for each party as is provided in this order. :'1 8. This order is entered pursuant to an agreement of the parties at a Custody 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. I., ,:;1 'i BY THE <XlURT, ,.;, J. ':(: ,I ,~! t , ']!l " ~" if , i " T; cc: carol J. LlndSay, Esquire - CounSel for Father ~ ~~ ,.,.',.,.~ Vlc,,'6\ . ..,--,-..."__'r'_."...,_______ ;. ''''''''....,~~"...,~~.. "" ".f,~ ~:; ;~ ..~;.,',,~ " ,_, "_~. .~ . ,~_ ~. "~.: _ " ,-" "'I'" !k'+f). "'''~t'o,.''~,,_ ,_~" , " ,r _~"!lliliI4 . f4l ~<-p ,.;'C!, ~ ...",.,..".JII'lr . O~....,..~. _""",<~~~,.~" .- "~"" ~ ^ ,. ,-~~. .,-~ ~< - , . " I ;><.. 0> ~ 0 c';.} 0 C (-".~I -n =?" ~ '-:1,';" ~-;:j n\r ',~ f i I~I? .;<-~- 2~t. liT, 0:' r'\,;.l 'C) @ --<' .' , =;('-~ r" - W 5:; . :j::' W \ 3: 'q -t;. :;-~ (~J (... 50, I?? :-=~fTl ',--' ~\ .!:... ,:.-4 .' J> :::0 (....I . r" -< .{\ 0 ~ s..... ~ ,,~ :m%~;m~~",,"~J'!lI,~>;mIi\0;""""iJifJ""'jlli!!')""~""'"''H''' "",~",;"" ,'," -"","?,~,,;) "~'_'-'~',~:;';'''l'''::1'"l'''' i'~5:i .~F"'P>". '.Fi .,' ~-":~ d9'i",~1"" "'!~ """'>l'-"""if.f <'1'1" BARBARA J. WEmLEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , V, 01-2099 CIVIL ACTION LAW PAUL WEmLEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, March 24, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsbnrg, PA 17055 on Tnesday,ApriI15,2003 at 1:00 PM 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. 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: Isl Dawn S. Sunday. Esq. Custody Conciliator L.- 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -'~;l, , ~, ~," .." . " . <tWJ,\;;\i1,i",,,-'i1t,.M.ii<~~~iOOIitlm&:~~~ ~'.. t5;_~fu~!;:~lilijMj!b~IcN~ ~~'~,*,W"i!jt";j:"~~Ji>;!;;~id,,,,i;'""t..o.tloi:""~~'b.1~t-o'1',"~'i.:l\;)';:. ,_C~:I;"",3l',;@", 3dl/- '(J3 ..3 ~)lf t8 3 ;)l('OJ ",~ l'i;W:frf411'I- . ~ ., -, i_ .~"; .' , ',";", I".,.: i :~: :?:~ CU~A:).~:",J-" ,!_) -,.., p;:: l\i~'~SYL\i/'\l\i\/\ , _. .1 td ;1,th,/_ ~~' df ~ <ndi'7~ ~ ~~ cI-~. %~ ~~~ 'T_Ii.sll1lii1 "'--'-1 , I . . .;,( BARBARA J. WEffiLEY, Plaintiff IN THE COURT OF COMMON. pLEAS OF CUMBERLAND COUNT-Y, PENNSYLVANIA vs. 01-2099 CIVIL ACTION LAW PAUL WEffiLEY Defendant IN CUSTODY ORDER OF COURT AND NOW, thisz.?rd day of 14 t:'>{', \ , 2003, upon consideration ofthe attached Custody Conciliation Report, ttirordered and directed as follows: 1. The prior Order of this Court dated June 27, 2001 is vacated and replaced with this Order. 2. The parties shall engage in a course of co-parenting counseling with a professional who is approved by the Father's insurance plan and selected by agreement ofthe parties. The purpose ofthe counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-parent and make decisions for their children. The parties shall participate in a minimum of six sessions and shall follow the recommendations of the counselor with regard to the frequency and duration of the sessions. All costs of counseling which are not paid by insurance shall be shared equally between the parties. The parties shall select the counselor and contact the counselor's office within two weeks ofthe date of the conciliation conference in order to schedule the first session. 3. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by a professional selected by the Mother. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will serve the needs ofthe Children. The Mother shall be responsible to pay the costs of the evaluation initially but reserves the right to request that the Court apportion the evaluation costs at a later date. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties and children. 4. The parties shall make arrangements to jointly meet with Justin's psychologist, Dr. France, to obtain recommendations regarding counseling for the Children. 5. The parties shall select a dietician for Justin, who is referred by Justin's physician for insurance purposes and who offers appointments on days and times when both parties can attend. I 1"'.1, .,,:",~ ''',' ,~.". ',,"'__ ,,_,,~ - ~.- "', -- - ~r*-'I " "1 ' I ~I 0_._ ~ ~ -" . -" ~ .. ~'~, .. 'v'INVAlASNN3d JJ.Nn08 C+n":18i'mo 9S:Z !,Iei I}? ~j{,jH ~() "" ...<..l'i 01,1 A8Vl(,'.}I\,,('~,i._,'; ;~-.~,' "','.- ,,- .". i:.li j:ii-j.-in-fT:ii _.1 ~'-. ,-, '." ,.t,_ ,. .. " _.' '" .,. "~~"~~~"'''~' <~.,;~'- .~'^,"""""' "_J_'~'~,'_'_, .1>.> '.'k--:.'" ,'_ "'_,,_~"_ . , ,II>' - .. ~, ,. U 1 ~I>d""'~ __~~!.~~,"~~~,,,I;lj~!N~~M-'W.If;l;\f\I'!1M1~'W!~~Ji!'W!,~'~IJWllI!"l}'\\'!-.!lfl!!!li!~>wr~~~,~~ . , . 6. The parties shall schedule all educational, health and related appointments for Justin (other than for ordinary illnesses) on dates and at times acceptable to both parties to enable both parties to fully participate in making decisions regarding Justin's treatment plans. 7. The Mother, Barbara J. Weibley and the Father, Paul Weibley shall have shared legal custody of Austin Priest Weibley, born August 24,1986, and Justin Priest Weibley, born December 20, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms ofthis paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 8. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the parties shall have physical custody of the Children in accordance with the following schedule: A. The Mother shall have primary physical custody of Austin, with the Father having liberal periods of partial custody as arranged by agreement between the parties. B. During alternating weeks, the Mother shall have custody of Justin from Monday at 5:00 pm for six consecutive days through the following Sunday at 5:00 pm, and the Father shall have custody of Justin from Sunday at 5:00 pm for eight consecutive days through Monday at 5:00pm. 9. The parties shall share or alternate having custody ofthe Children over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Mother shall have custody ofthe Children during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. B. ALTERNATING HOLIDAYS: The holiday custody period on alternating holidays shall run from 9:00 am until 7:00 pm. In odd numbered years, the Father shall have custody of the children on Easter, July 4th and Thanksgiving and the Mother shall have custody on Memorial Day and Labor Day. In even numbered years, the Mother shall have custody of the Children on Easter, July 4th and Thanksgiving, and the Father shall have custody on Memorial Day and Labor Day. I-:;':~j .. ,'"'' ,~ ~" ~,' , i '1 . , C. MOTHER'S DAY /FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the ather shall have custody of the Children on Father's Day from 9:00 am until 7:00 pm. I D. The holiday custody schedule shall supercet and take precedence over the regular schedule. I 10. Each party shall be entitled to have custody oftheiChildren for two nonconsecutive weeks each summer when that party is not working. Each party shalllschedule periods of vacation custody under this provision during his or her regular week of custody; although both parties shall be flexible in adjusting the schedule to accommodate travel plans for vacati~n. I 11. In the event either party is unavailable to provide cfrre for the Children for three hours or more during his or her periods of custody, that party shall first contact the other party to offer that party the opportunity to provide the care before contacting third pm-(y caregivers. 12. The parties shall communicate directly with each ther regarding issues concerning the Children. 13. The parties agree to cooperate in ensuring that Jus in receives the medication prescribed for ADHD on a consistent basis as directed by his physician for a trial period. The parties agree to further cooperate in re-evaluating Justin's treatment plan in 30 days. 14. Neither party shall do or say anything which may strange the Children from the other parent, injure the opinion of the Children as to the other paren , or hamper the free and natural development of the Children's love and respect for the other pent. Both parties shall ensure that third parties having contact with the Children comply with this pro ision. 15. After completion of the custody evaluation, in the vent that the parties are not able to reach an agreement as to all outstanding custody issues at that time, . ounsel for either party may contact the conciliator within sixty days of receipt of the evaluator's writtFn recommendations to schedule an additional conference. I BY THE bOURT I ~ . Wesley 01 J. cc: Diane G. Radcliff, Esquire - Counsel for Mother Carol J. Lindsay, Esquire - Counsel for Father I I I , ~ ~ 4'- d~{).3 ~r "\'l: ,'," ,~_ _ ~ _. , _ t '_" "C_ '" i.' , ,~ , . ".-- .~ . BARBARA J. WEIBLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-2099 CIVIL ACTION LAW PAUL WEIBLEY Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr. 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Austin Priest Weibley Justin Priest Weibley August 24, 1986 December 20,1996 Mother Mother / Father 2. A Conciliation Conference was held on April 15, 2003, with the following individuals in attendance: The Mother, Barbara J. Weibley, with her counsel, Diane G. Radcliff, Esquire, and the Father, Paul Weibley, with his counsel, Carol J. Lindsay, Esquire. 3. The parties agreed to entry of an Order in the form as attached with the exception of the temporary custody arrangements for Justin which are the recommendations of the conciliator based on the prior Order and the schedule the parties were using at the time of the conference. ~ Date /7_doo3 . Da~ Custody Conciliator -"'lf~ c "-<>1- - . ~".' I'"~ ,. '1-"""':1 ,--, - ~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARAJ. WEIBLEY, Plaintiff v. No. 01-2099 Civil Term PAUL WEIBLEY, Defendant CIVIL ACTION - LAW IN CUSTODY RULE AND NOW, this _ day of , 2003, upon consideration of the within Petition for Special Relief, IT IS HEREBY ORDERED that a Rule is entered upon the Respondent, Paul Weibley to show cause why the relief requested in the within Petition should not be granted. Rule returnable at a hearing to be held on the o'clock .m. in Courtroom No. Courthouse Square, Carlisle, PA 17013. day of ,2003, at of the Cumberland County Courthouse, One BY THE COURT: J, Distribution to: ATTORNEY FOR PETITIONER: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 ATTORNEY FOR RESPONDENT: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 .~ , , ~" )'". 1! . -'~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA J. WEIBLEY, Plaintiff v. No. 01-2099 Civil Term PAUL WEIBLEY, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this _ day of , 2003, IT IS HEREBY ORDERED AND DECREED that Paragraph 11 of the April 23, 2003 Order of Court is hereby deleted. In all other respects the April 23, 2003 Order of Court shall remain in full force and effect. BY THE COURT: J. Distribution to: ATTORNEY FOR PETITIONER: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 ATTORNEY FOR RESPONDENT: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 1"-1liiII ,,~ ,-~- ''_' '0." ,,~~ ' , . " ~ [ . -, ".' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA J. WEIBLEY, Plaintiff v. No. 01-2099 Civil Term PAUL WEIBLEY, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, this _ day of ,2003, your Petitioner, Barbara J. Weibley, by her attorney, Diane G. Radcliff, Esquire, hereby files this Petition for Special Relief and respectfully represents that: 1. Your Petitioner is Barbara J. Weibley, ("Mother"), residing at 105 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania, and is the Plaintiff in the above captioned custody action. 2. Your Respondent is Paul Weibley, ("Father"), residing at Petersburg Road, Carlisle, Cumberland County, Pennsylvania, and is the Defendant in the above captioned custody action. 3. The parties are the parents of two minor children, to wit: Austin Priest Weibley, age, 16, born August 24, 1986; and Justin Priest Weibley, age 6, born December 20,1996 (the "Children"), 4. On April 23, 2003, an Order of Court (the "4/23/03 Order") was entered pertaining to custody of the Children. A true and correct copy of the 4/23/03 Order is attached hereto, marked Exhibit "A" and made a part hereof. 5. Pursuant to the 4/23/03 Order, Mother has primary physical custody of the Child, Austin Wiebley, ("Austin"), with rights of liberal partial custody for Father. 6. Pursuant to the 4/23/03 Order, Father has primary physical custody of Justin Weibley, ("Justin") with rights of partial custody for Motheron an alternating week basis from Monday at 5:00 p.m. until the following Sunday at 5:00 p.m. 1 ;'~~'" .~ 1" , ~, - : . - I, ,~ - J.! 7. Father does not see Austin on a regular basis at the election of Austin. 8. Both parties are employed on a full time basis. 9. Mother works during the day from Monday through Thursday. This employrnent is throughout the year with the exception of 6 weeks during which she does not work. Those weeks off generally fall around rnajor holidays. 10. Father works on a swing shift basis. His work hours vary on a regular rotating schedule frorn: 8:00 a.m. through 4:00 p.rn.; 4:00 p.m. through 12:00 a.m; and 12:00 p.m. through 8:00 a.m. He has some ability to switch the regular rotation of his shift with other employees. When he works the 12:00 a.m. to 8:00 a.m. shift he must sleep during the day. 11. When Mother has custody of Justin and she is working, Justin is watched by her parents, Justin's maternal grandparents, with whom he has a very close relationship. 12. When Father has custody of Justin and he is working or when he has to sleep following his 4:00 p.m. to 12:00 a.m. shift. he also has to sleep after his 12:00 a.rn. to 8:00 a.m. shift, during which time Justin is watched by his wife, Sandra Weibley. 13. The 4/23/03 Order provides that: "In the event either party is unavailable to provide care for the children for three hours or more during his or periods of custody, that party shall first contact the other party to offer that party the opportunity to provide care before contacting third party care givers." 14. Since the 4/23/03 Order was entered the parties have never followed this "unavailability" provision of the Order. 15. There was a sirnilar "unavailability" provision in the prior order that was never followed by the parties. 16. The one time Father asked to take the child, Justin Weibley, during Mother's work hours under the prior Order the child became extremely upset over the idea of being taken away from his maternal grandparents and the routine he has established with them. 17. Recently at a counseling session, Father told Mother he wants to make arrangements to care for Justin during Mother's work hours, but did not rnade any 2 '4 ~ ~ ~ .1"""'" .. j"' . , T ~~ offer for Mother to care for Justin during his work hours or when he has to sleep during following his 4:00 p.m. to 12 a.m. shift and his 12:00 a.m. to 7:00 a.m. shift. On the contrary, on June 11, 2003 Father's attorney told Mother's attorney that Father feels it unreasonable for Mother to watch the child during his late working hours. 18. Mother feels that the "unavailability" provision of the 4/23/03 Order is impractical and its enforcement would be detrimental to Justin and contrary to any efforts made to have continuity and stability for Justin. 19. Neither party agreed to the inclusion of this provision in the 4/23/03 Order when it was entered upon the recornmendation of the conciliator. 20. If this provision is enforced, Mother should be granted the right to care for Justin: (1) during Father's work hours, if any, on Fridays, Saturdays or Sundays (her days off from work); (2) during Father's work hours when he works the 4:00 to 12:00 a.rn. shift or the 12:00 a.m. to 8:00 a.m. shift; and (3) during Father's work hours during the six (6) holiday weeks she does not work, regardless of which shift Father is working on those weeks. 21. Mother knows Father will not permit her to exercise her rights to care for Justin during Father's periods of unavailability of three (3) or rnore hours. On prior occasions when she has asked to enforce this "unavailability" provision, and asked for Father's work schedule so that she would know what times were available for her, Father failed and refused to give her his work schedule and failed to give her the right to care for Justin during his work hours. 22. Mother believes Father has made this request to care for Justin when she is working because he is angry with Mother and trying to get back at her and because he is unhappy with the instructions and advice he has been given in the counseling sessions. 23. Mother requests that this provision be deleted from the order, or modified so as to change the three (3) hour period to twelve (12) hours. 24. Father is represented by Carol J. Lindsay, Esquire in this case. A copy of this Petition was faxed to that attorney on June 9, 2003, for her response and position. on June 11,2003 Father's attorney told Mother's attorney that Father opposed the Petition and did not consent to the requested relief. 25. The only Judge assigned in this case is the Honorable J. Wesley Oler, Jr., who entered the prior 6/27/01 Custody Order and the 4/23/03 Custody Order. 3 --"*'<~" .r,_ .," _":_" ,', _" ~,_ I: WHEREFORE, Mother requests this Honorable Court to enter an order deleting the "unavailability" provision in the 4/23/03 order or in the alternative rewording that provision to rnodify the three (3) hour period replacing it with a twelve (12) hour period. 4 J. ~ - I':' " ,~ VERIFICATION I, the undersigned, hereby verify that the statements made in the foregoing petition for Special Relief are true and correct. I understand that false staternents made herein are made subject to the penalties of Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: ";r ~, -",:"-- I'':'''' CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on June 9, 2003, and again on June 12, 2003, I served the within Petition for Special Relief upon Defendant's Attorney by depositing the same in the United States Mail, First Class, Postage Prepaid, in Camp Hill, Pennsylvania, addressed to: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 I also certify that on June 9, 2003, I served the within Petition for Special Relief upon Defendant's Attorney by faxing the same by faxing the same to her as follows: CAROL J. LINDSAY, ESQUIRE 26 West High Street Carlisle, PA 17013 Phone: (717) 243-6222 Fax: (717) 243-6486 Respectfully submitted, 6 q~. "",~~~-~~, , r- ~ r - 'i " ~ . " , " EXHIBIT "A" 4/23/03 CUSTODY ORDER ",~ r : !- - > - APR.2 1 2003 /;J::t-, /" :',,' -'- j:" (: r' :",' i ,:;:;;,. ~"-" I"G;",<:.._. '.t~~;ri BARBARA 1. WEIBLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-2099 CIVIL ACTION LAW '. Defendant IN CUSTODY F~Lej PAUL WEIBLEY ORDER OF COURT AND NOW, this J .3A-<l. day of ~ ' 2003, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of this Court dated June 27, 2001 is vacated and replaced with this Order. 2. The parties shall engage in a course of co-parenting counseling with a professional who is approved by the Father's insurance plan and selected by agreement of the parties. The purpose of the counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-parent and make decisions for their children. The parties shall participate in a minimum of six sessions and shall follow the recommendations of the counselor with regard to the frequency and duration of the sessions. All costs of counseling which are not paid by insurance shall be shared equally between the parties. The parties shall select the counselor and contact the counselor's office within two weeks ofthe date of the conciliation conference in order to schedule the first session. 3. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by a professional selected by the Mother. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will serve the needs of the Children. The Mother shall be responsible to pay the costs of the evaluation initially but reserves the right to request that the Court apportion the evaluation costs at a later date. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties and children. 4. The parties shall make arrangements to jointly meet with Justin's psychologist, Dr. France, to obtain recommendations regarding counseling for the Children. 5. The parties shall select a dietician for Justin, who is referred by Justin's physician for insurance purposes and who offers appointments on days and times when both parties can attend. ':~f Jf _~" "'",,_ .r" -:ore I." ". "r ., 1 ; - 6. The parties shall schedule all educational, health and related appointments for Justin (other than for ordinary illnesses) on dates and at times acceptable to both parties to enable both parties to fully participate in making decisions regarding Justin's treatment plans. 7. The Mother, Barbara J. Weibley and the Father, Paul Weibley shall have shared legal custody of Austin Priest Weibley, born August 24,1986, and Justin Priest Weibley, born December 20, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the tenns of this paragraph each parent shall be entitled to all records and infonnation pertaining to the Children including, but not limited to, school and medical records and infonnation. To the extent one parent has possession of any such records or infonnation, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and infonnation of reasonable use to the other parent. 8. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the parties shall have physical custody of the Children in accordance with the following schedule: A. The Mother shall have primary physical custody of Austin, with the Father having liberal periods of partial custody as arranged by agreement between the parties. B. During alternating weeks, the Mother shall have custody of Justin from Monday at 5:00 pm for six consecutive days through the following Sunday at 5:00 pm, and the Father shall have custody of Justin from Sunday at 5:00 pm for eight consecutive days through Monday at 5 :OOpm. 9. The parties shall share or alternate having custody of the Children over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. B. ALTERNATING HOLIDAYS: The holiday custody period on alternating holidays shall run from 9:00 am until 7:00 pm. In odd numbered years, the Father shall have custody of the children on Easter, July 4th and Thanksgiving and the Mother shall have custody on Memorial Day and Labor Day. In even numbered years, the Mother shall have custody of the Children on Easter, July 4th and Thanksgiving, and the Father shall have custody on Memorial Day and Labor Day. ;r'~ ^ "",.." , - ,~,_"l;' ,~~,;o,_~7, -,- ;~. - ':f""_[.'" .,. 0-. o I ",F,', -1' " -,~- '. C. MOTHER'S DAY /FATHER'S DAY: The Mother shall have custody of the Children every year on Mother'sDay and the Father shall have custody of the Children on Father's Day from 9:00 am until 7:00 pm. D. The holiday custody schedule shall supercede and take precedence over the regular schedule. 10, Each party shall be entitled to have custody of the Children for two nonconsecutive weeks each summer when that party is not working. Each party shall schedule periods of vacation custody under this provision during his or her regular week of custody, although both parties shall be flexible in adjusting the schedule to accommodate travel plans for vacation. 11, In the event either party is unavailable to provide care for the Children for three hours or more during his or her periods of custody, that party shall first contact the other party to offer that party the opportunity to provide the care before contacting third party caregivers, 12, The parties shall communicate directly with each other regarding issues concerning the Children. 13. The parties agree to cooperate in ensuring that Justin receives the medication prescribed for ADHD on a consistent basis as directed by his physician for a trial period. The parties agree to further cooperate in re-evaluating Justin's treatment plan in 30 days, 14. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 15. After completion of the custody evaluation, in the event that the parties are not able to reach an agreement as to all outstanding custody issues at that time, counsel for either party may contact the conciliator within sixty days of receipt ofthe evaluator's written recommendations to schedule an additional conference. ' BY THE COURT, I~fi.' In'A;". 1. es ey Oler, Jf cc: Diane G. Radcliff, Esquire - Counsel for Mother Carol J. Lindsay, Esquire - Counsel for Father TfliJE C()1~5"'l rf' Ifl Tft"~l">';l"(" '.,,,'" ".,..~ ' , . .~;;o>t_t'~~cl~" 'ii1i~j'~j.IJ~:"<i [ ~.:..~. {oi'W 1~1:~"!~~~ a;~ at.1 ~~i iJt ~:j;~j f::f}(~;t ~.t C~id;~"~~'f~~.~'",,1'1J TI"(jI. ,Jl/ -da~'l~, 'J ( )./1." ()~. ~:~ ~~l Protnonotartl n t~. (':","", t:'!' f" " ';"""'"~"'.J \\ ,~,J1 ;"f.;.";'"_"' ,,,,,..,0_,< " , ~'" -~ . "r"f' ., , "", -,' , . " . . .' " . BARBARA J. WEIBLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-2099 CNIL ACTION LAW PAUL WEIBLEY Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr. 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Austin Priest Weibley Justin Priest Weibley August 24, 1986 December 20, 1996 Mother Mother / Father 2. A Conciliation Conference was held on April 15, 2003, ,with the following individual"s'in attendance: The Mother, Barbara J. Weibley, with her counsel, Diane G. Radcliff, Esquire, and the Father, Paul Weibley, with his counsel, Carol J. Lindsay, Esquire. , 3. The parties agreed to entry of an Order in the form as attaehed with the exception of the temporary custody arrangements for Justin which are the recommendations of the conciliator based on the prior Order and the schedule the parties were using at the time of the conference. ~ Date /7,doo3 . Da~ Custody Conciliator ."t"._ _' ~'~'-<'T"'~'?;"'_ "- ,- , " '-"""'" " "-'1--', ~ , "1 I , ~ ")J~PWlIlIl..llllll!ll\!~_:,," ~, -. ,,_~,l!l11'!1 """'" . . .~ ~".. ,~ ~ ~ ~ ~(\ '" ....... U'\ \.>l --- () -- lX\ ~ \ t -..l\ ~'" . ~- ~. CJ 0 0 C c...) .1 ;:::..-- ,._- ~.J .,., " rn l'..: - I, ;Ii ~~ -- i!? (I] I'J "'c ./ ':::-~lC) ,-.:= ~~: --,-,'-f-, :~ --'~ :0 / "':- - ~.~i:1~~ ),: ~;:: :- CO -"'j ,<, -~ -l> ."+1 'j:J -( (,0 -< "...,"""....0:' ,.~~'tJii;f",'.l~.$,"\!'!!Wfni~;l\5f~J0'i"'~fj'H\'i9l',"''3'J~~_'!f'!r~;~~.111>1~'f'$~:f1;1!'N'7.11_=.'li'.<~g'!r~~~ _lli~pli0E ",''';''0;;; :;''''- BARBARA J. WEIBLEY, : Plaintiff v. PAUL WEIBLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CML ACTION - LAW NO. 01-2099 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of June, 2003, upon consideration of Plaintiffs Petition for Special Relief, the matter is referred to the custody conciliation process. The Office of the Court Administrator is requested to facilitate the referral. Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendant ~q, :rc ,'n,'!,,?,,,,.,. '.,.. . ,>'j'_'~_",""_ "."- ,.'~ - . ,f"', I''\'' - BY THE COURT, , coff' l?1a ILLd 'S__A~ ~/{ef~ , ._r.....". 0: '"1 " ~~,ri'1._""" . ~.. '..~." ..' , .,,'.', ,~ '~~J':;~JJtl&t~~'@~~~,,,l' ;." ""'iilftit ," ~r'~"''"''' . '" ,., "'"~'~2i1'~lr""T l"~lt ~oo--e 'A \ --au~ A>"1ovo~Y'i1 '-I Y~I~ ^" .~~"~< =-"""",,_~IMM'll/lltt\'~~"lfki'iri1'J'..t'?'-"hW~H!:fI'i,j~:'f'f"R!":';'''~C6:''''f}lli(!!,~%'$''!\-'"*;;~"'~'''~l'iiIll.'WWffl-,f;Ii;!~('''''''.~m~'l'~~'!~~!~ BARBARA J. WEIBLEY PLAINTIFF IN TIIE CmiR! OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 01-2099 CIVIL ACTION LAW PAUL WEIBLEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, Jnne 23, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, Jnly 02, 2003 at 2:00 PM 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. 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 honrs prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday. Esq. Custody Conciliator v 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 ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ',:,~ ,..,. ",~-<,;r _ ,," 1[ !~ " - r~"':l ' " -; . , ~~1!l&.,j!;iij~"';;;m~g~",f;.iiJ[~i~~';;ii~N;"~i!--lihi\L"4t-'11.{+~("""'''Y''''~"-'i'_,",","~"!'k:":"o\~ii"f"dii:i,,":"'=i:.!!i.1'kiJ'-""c!~.i,;f"~o!l1,~~IW~~.!lliiSl.'!'''I>~<ilili~~~~"" "f.>"w~ii!g.:;'!WM. ,~. '''''''''''''''''0'''1 FlLi:D-DFFICE OF T!J;: DD'"\T',VW')-,.'RY """ I, I.~ ,; ,'"Ji ".. j-l'1 0:3 JUN 25 PH 2: 12 CUM5EiiUINO ClJUNT\' PENNSYLVANIA ~~r!JJ d~~x4.r~ ;;'b2S~-a3 J1~~ Z 4~ ~~-CJ 'd{~,<<~ z 4~~ ,,~,,~,. """ . ~". , .~.~,."'"V<',,,M, __~ ,.," "''' ,""',"'~~ "~~. .~-" ", r~ , <, ,,~, _ ,~. .>.~ ,,<.. . .~. .~ " I,e.',,!.. - JUl 0 7 2003 ~ I BARBARA J. WEIDLEY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-2099 CIVIL ACTION LAW PAUL WEIDLEY Defendant IN CUSTODY ORDER AND NOW, this 2ND day of Ju1v.2003 , the conciliator, being advised by counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for today is cancelled. FOR THE COURT, D_~ Custody Conciliator I r . t " '~', '. ,,~ ""_0,.' \ilN\lAlASNI\8d ,UNnO~) (l'rrl>'=!8V'1n::l +J I :8 H~ 8 - -lor co '1:Ie/if'",' '" ',) ~,.i -'0 /\ ,_'vi ~\_" "'_'",[..!3 0# L... :J '''.\1' '" (]-"Ij .10 .:i:IV"' ::i k: fi~~?" ,\", ..' qglIIIi L T ~< "m~~ < ,_ _,. m,,' tJi"lWf.'.",;~~3-'q';;'('i"~."'~""if";'J;;Y7W'~'IJ'~~1f""1',W1.""In;',*,"jl'~.;'l"R<mv,81f\$'rffl"''W;l'!!)!~,J!~!#iiilRi!I~ifrmr.'w'Rl , - .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA J. WEIBLEY, Plaintiff v. No. 01-2099 Civil Term PAUL WEIBLEY, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER MODIFYING APRIL 23, 2003 ORDER OF COURT AND NOW, this ~day of ~, 2003, upon consideration of the within Stipulation" IT IS HEREBY ORDERED that: 1. Paragraph 11 of the April 23, 2003 Order of Court attached hereto, marked Exhibit An and made a part hereof, which provides "In the event either party is unavailable to provide care for the children for three hours or more during his or periods of custody, that party shall first contact the other party to offer that party the opportunity to provide care before contacting third party care givers." shall be deleted and removed from the April 23, 2003 Order of Court. 2. In all other respects the terms of the April 23, 2003 Order of Court shall remain in full force and effect. BY THE COURT: vt/~ Distribution to: f\~~ m~~ rt' rt>' J. ATTORNEY FOR PLAINTIFF: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 ATTORNEY FOR DEFENDANT: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 '~ T!_ . , ~<. ~ , "" .,... < , '" IN THE COURT OF BARBARA J. WEIBLEY, Plaintiff COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-2099 Civil Term PAUL WEIBLEY, Defendant CIVIL ACTION - LAW IN CUSTODY STIPULATION AND NOW, stipulate and this \O~ day of July, 2003, comes the parties who agree as follows: 1. paragraph 11 of the April 23, 2003 Order of Court attached hereto, marked Exhibit A" and made a part hereof, which provides "In the event either party is unavailable to provide care for the children for three hours or more during his or periods of custody, that party shall first contact the other party to offer that party the opportunity to provide care before contacting third party care givers." shall be deleted and removed from the April 23, 2003 Order of Court. 2. In all other respects the April 23, 2003 Order of Court shall remain in full force and effect. 3. The parties authorize the Court to enter an order in accordance with the provisions of this Stipulation. IN WITNESS WHEREOF, the parties, each intending to be legally bound hereby, have set their hands and seals the day and year below written. ARA J. Dated: { \:>~ (SEAL) ff WITNESS: (SEAL) PAUL WEIBLEY, Dated: 7-/0 -03 ;, i__~, '. : --., ., .'"'~'-""= " _e 1'\ ' I#" ~ ~ " ~-"~ ',"-" ~_ ~-"_~-""-",,,,,._ '~';"'~._"~' ~ ",-w." .,,~"',",,'- '" \fIN\;'l\lASNN3ri \1 i~r;,'-"'(- ,~;:' ".-i-!.!--'Gfi\!(V,,\ f .-.'. ",,' .,'" ^:_':"~'.Jv~j 1J ~'7:~ :01 i'i--J "'I; ,~ '7 J. ,~ " 11'(' ['I' " ,--,'",' 18'r/:'." .. . ! \ <~"'-~;'~'I'; \:~" ," .:,.. ':JJLJ'::';,f-, .I~.j Jd JO ,.., r ,'~_U ,If;t''~" 11='U>llW,,! ~, ~J'_"""'t!'=""""""..""...~.""~,!nW~~'F!iJj,,w.,~~l~ft'.""~I'''''''-F?<m1"'f'i"PiF'l''IP;n!!l'll'f-1"lh\lt""~~~i;1ijlW:~lt?,w~'f.i~~~~ EXHIBIT "A" 4/23/03 CUSTODY ORDER C'"-",,, ., "~ "". _ ._ ~ " ,. .r " 1 ' ", f' ~1~l,J L} 'r t)n(I<,~ I:-"~D~ ~..~ OJ' J.. ['-'.,..."- BARBARA J. WEIBLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V5. 01-2099 CIVIL ACTION LAW r'"~ ,~,,~ I. .. ;-"-:...~ ~ .~ ~ L-C, PAUL WEIBLEY Defendant IN CUSTODY ORDER OF COURT AND NOW, this ,) 3.41.. day of ~ ' 2003, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: I. The prior Order of this Court dated June 27,2001 is vacated and replaced with tlus Order. 2. The parties shall engage in a course of co-parenting counseling with a professional who is approved by the Father's insurance plan and selected by agreement of the parties. The purpose of the counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-parent and make decisions for their children. The pmiies shall participate in a minimum of six sessions and shall follow the recommendations of the counselor with regard to the frequency and duration ofthe sessions. All costs of counseling which are not paid by insurance shall be shared equally between the parties. The parties shall select the counselor mId contact the counselor's office within two weeks of the date ofthe conciliation conference in order to schedule the first session. 3. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be perfornJed by a professional selected by the Mother. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will serve the needs ofthe Children. The Mother shall be responsible to pay the costs of the evaluation initially but reserves the right to request that the Court apportion the evaluation costs at a later date. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional infonnation peliaining to the parties and children. 4. The parties shall make arrangements to jointly meet with Justin's psychologist, Dr. France, to obtain recommendations regarding counseling for the Children. 5. The parties shall select a dietician for Justin, who is referred by Justin's physician for insurance purposes and who offers appointments on days and times when both parties can attend. "ii''''''~7 . ~" ' f'-' " -~ "-r , 6. The parties shall schedule all educational, health and related appointments for Justin (other than for ordinary illnesses) on dates and at times acceptable to both parties to enable both parties to fully participate in making decisions regarding Justin's treatment plans. 7. The Mother, Barbara J. Weibley and the Father, Paul Weibley shall have shared legal custody of Austin Priest Weibley, born August 24,1986, and Justin Priest Weibley, born December 20, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the tenns ofthis paragraph each parent shall be entitled to all records and infOlmation pertaining to the Children including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or infomlation, that parent shaH be required to share the sanle, or copies thereof, with tile other parent within such reasonable time as to make the records and infOlmation of reasonable use to the other parent. 8. Pending completion ofthe custody evaluation and further Order of Comi or agreement of the parties, the parties shaH have physical custody of the Children in accordance with the following schedule: A. The Mother shaH have primary physical custody of Austin, with the Father having liberal periods of partial custody as arranged by agreement between the parties. B. During alternating weeks, the Mother shall have custody of Justin from Monday at 5:00 pm for six consecutive days through the following Sunday at 5:00 pm, and the Father shall have custody of Justin from Sunday at 5:00 pm for eight consecutive days through Monday at 5:00pm. 9. The parties shall share or altemate having custody ofthe Children over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. B. ALTERNATING HOLIDAYS: The holiday custody period on alternating holidays shall run from 9:00 am until 7:00 pm. In odd numbered years, the Father shall have custody of the children on Easter, July 4th and Thanksgiving and the Mother shall have custody on Memorial Day and Labor Day. In even numbered years, the Mother shall have custody of the Children on Easter, July 4th and Thanksgiving, and the Father shall have custody on Memorial Day and Labor Day. !J1~,""?,","",,,"~, ~ ~ . r " C. MOTHER'S DAY /FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children 011 Father's Day from 9:00 am until 7:00 pm. D. The holiday custody schedule shall supercede and take precedence over the regular schedule. 10. Each party shall be entitled to have custody of the Children for two nonconsecutive weeks each summer when that party is not working. Each party shall schedule periods of vacation custody under this provision during his or her regular week of custody, although both parties shall be flexible in adjusting the schedule to accommodate travel plans for vacation. I I. In the event either party is unavailable to provide care for the Children for three hours or more dUling his or her periods of custody, that party shall first contact the other party to offer that party the opportunity to provide the care before contacting third party caregivers. 12. The parties shall communicate directly with each other regarding issues concerning the Children. 13. The parties agree to cooperate in ensuring that Justin receives the medication prescribed for ADHD on a consistent basis as directed by his physician for a trial period. The parties agree to further cooperate in re-evaluating Justin's treatment plan in 30 days. 14. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion ofthe Children as to the other parent, or hamper the free and natural development ofthe Children's love and respect for the other parent. Both pmiies shall ensure that third parties having contact with the Children comply with this provision. 15. After completion of the custody evaluation, in the event that the pmiies are not able to reach an agreement as to all outstm1ding custody issues at that time, counsel for either pmiy may contact the conciliator within sixty days of receipt of the evaluator's written recommendations to schedule an additional conference. BY THE COURT, hlv2 (~)M~Jl (PL.". q, J. es ey Oler, Jr. J. cc: Dim1e G. Radcliff, Esquire - Counsel for Mother Carol J. Lindsay, Esquire - Counsel for Father 1""'-'" , . i;: . ".<:.: : ;'~ii'~ -';'y""~-""~ '/i~':"" .-- .:1: '. ,_~ ,:-',.- ;,',.......0 t~..", .. '-..--(~'T'-'-"''-:' /1.....Q~' --.-.-.. ;~;EL '-~l.L ' IlP. -. ~"--.- .._..._._--~ . t",.,.",j' f"tl..l~'~~nnt~~~ ,~,',: '''~1''''"''''''~''''~.'''''''-r ~ ~. ,0 , BARBARA J. WEIBLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01 -2099 CIVIL ACTION LAW PAUL WEIBLEY Defendant IN CUSTODY Plior Judge: J. Wesley Oler, Jr. 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 infornlation concerning the Children who are the subjects of this litigation is as foJ1ows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Austin Priest Weibley Justin Priest Weibley August 24,1986 December 20,1996 Mother Mother / Father 2. A Conciliation Conference was held onApril 15, 2003, with the following individuals in attendance: The Mother, Barbara J. Weibley, with her counsel, Diane G. Radcliff, Esquire, and the Father, Paul Weibley, with his counsel, Carol J. Lindsay, Esquire. 3. The parties agreed to entry of an Order in the fom1 as attached with the exception of the temporary custody arrangements for Justin which are the recommendations of the conciliator based on the prior Order and the schedule the parties were using at the time of the conference. ~.! Date /7, ,,)003 , ~~ D~wn S. Sunda~, Esqui e Custody Conciliator ~"i .=~~ " . ~_~ !Ill!"'" ~.1 ,! " - , " - .~ "~.",."..,""", = ~ . ''''>.~.- ,'''", . ,.! ),1 "..:!l-" lmtlg~_~,_ ,,.,.,,~o,.,, "n ..,.~" ."'"T'" '~"" .~~,,,.,^.,,,,,,"~~.~.~~ ~"~~"'~.'" "'01;',' rn;'-:- --;.,- (7) _-1/ r-.:-7 ~ ... "-: ~_. o S ~"=y,~",,,,,,,- o -'n L_ Cr.:; .._.1"-' -)~ ...l(') .:::'.1 ;.~;,fri '~::I 1:". ':0 -< ,... ,,~"-, '-"\ (r', :'~!l:i1iffl""'1T''\~"'YY':";:'i,.{i",m,';'''!1;:lrf",.!f'tl!F,",l15il~fliWi!~iJM~~~ , :;J;: BARBARA J. WEIBLEY, : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. CIVIL ACTION - LAW PAUL WEIBLEY, Defendant NO. 01-2099 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of October, 2003, upon consideration of Plaintiffs Petition for Emergency Relief, this matter is referred to the custody conciliation process, and the Court Administrator is requested to facilitate and expedite this referral. BY THE COURT, Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendant ~~ /0. J. '1.03 Q.. Cumberland County Court .I . A.< d, Administrator '~~~I /Ok)1 03 Au :rc -;,., ," ,\. c:01,,'c,--!lC'''':,(' -'c- ~"_,, ,"'-, " -" - '1',"_ ,"" I ." --~ ,. . r -- .' ,,~ " ~ . " ~ '" ' . .. - p" ~~ 1I:fm!11- "~ ,'~.,~ -.., " "'~'"'--_'~',<,,~ \i\NV!\1kSNN:Id >JNno:) Ot,,\.f\H3Bif4(i~ G"l:\ \.ld GZ l:)Q ~O ~""i' ~O \ "'l.ONC\{;,0tkL 3;\~ ~ /(0' 3.)\:1:\0-(8 "\k\ ,- ,,~~,..~~-- '"~~- .,. "'i _1Bll1P' rrrrf,~ ,""...",~". ~. . "!:"". , r~~~;r;"'"""t-'W~~.o.il~jl;I:;~'0~~~~~fHli\~JW-'1Ill!ltiw.;1l~~ji!I!~!!<~M,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA J. WEIBLEY, Plaintiff v. No. 01-2099 Civil Term PAUL WEIBLEY, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, this ;(1 day of October, 2003, your Petitioner, Barbara J. Weibley, by her attorney, Diane G. Radcliff, Esquire, hereby files this Petition for Emergency Relief and respectfully represents that: 1. Your Petitioner is Barbara J. Weibley, residing at 105 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania, ("Mother"). 2. Your Respondent is Paul Weibley, residing at 484 Petersburg Road, Carlisle, Cumberland County, Pennsylvania, ("Father"). 3. The parties are the parents of two minor children, to wit: Austin Priest Weibley, born August 24, 1986, and Justin Priest Weib1ey, born December 20, 1996 (the "Children"). 4. The partes were previously married to each other. Mother has not remarried. Father is now married to Sandra Weibley, ("Sandra"). 5. This case is currently pending before the court. A hearing has not yet been scheduled due to 1",-., ~- " ~- " cO' ~ the fact that the custody evaluation being performed by Dr. Shienvold has not yet been completed. Mother has appointments scheduled with Dr. Shienvold for October 31,2003 and November 20,2003. It is not known if further appointments will be required or if Father still has appointments to be completed before the evaluation report can be issued. 6. On April 23, 2003, an Order of Court (the "4/23/03 Order") was entered pertaining to custody of the Children. A true and correct copy of the 4/23/03 Order is attached hereto, marked Exhibit "A" and made a part hereof. 7. The 4/23/03 Order provides that the parties shall share legal custody of the Children and specifically states that: "The Mother, Barbara J. Weibley, and the Father, Paul Weibley, shall have shared legal custody of Austin Priest Weibley, born August 24, 1986, and Justin Priest Weibley, born December 20, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion... The parties shall communicate directly with each other regarding issues of custody. " 8. The 4/23/03 orderreplaced a prior order of Court dated June 27,2001 (the "6/27/01 Order"), which contained identical legal custody terms to those set forth in the 4/23/03 order. A true and correct copy of the 6/27/01 order is attached hereto, marked Exhibit "B" and made a part hereof. 9. An emergency situation exists in this case because of the actions of Father and his wife, Sandra, more fully hereafter set forth, all of which are causing irreparable harm to the child, Justin, and which are causing extreme emotional distress to Mother and Justin. I O. On October 6,2003, Mother's sister, Susan LaFrentz, Justin's maternal aunt, who has a close "r....,.. _, " r' personal relationship with Justin called and asked to talk to Justin while he was at Father's home. Sandra answered the phone and told Susan LaFrentz that she was not allowed to call Father's home to speak to Justin. 11. On the same October 6, 2003 date, Father called Mother and asked her to drop some things off at his house for Justin. Motherwentto Father's house and when she tried to answer Justin's question as to why his aunt Susan could not call him back, she was confronted by Sandra who, in front of Justin, became out of control, yelling at Mother to get out of her house, that she was calling the police. Justin then became visibly upset and was screaming and crying that he did not want her to call the police and have his mommy go to jail. When Sandra ignored his pleas and continued to call the police he tried to stop her from making the call by grabbing for the phone at which point she shoved him out of the way. Mother fearing for her safety and the safety of her son, Justin, removed Justin from Father's home and took him to her home until she could reach Father and have him come home to be able to directly care for the child. When Father arrived at Mother's home to get Justin he appeared so angry that the parties' son., Austin, would not let him speak to Mother. 12. At a recent meeting with Dr. France who was involved in counseling for Justin., Sandra became so out of control that the session had to be terminated. 13. On May 28,2003, the parties attended a co-parenting counseling session with Danielle Mink of Guidance Associates, the counselor selected by Father. Sandra came to office with Father and filled out all of the paperwork for Father, although she did not go into the session. At that session Father was told that Sandra does not know her boundaries, she needs to step out of the picture and should not be involved in the decision making. She also told him that she felt Father and Sandra were co-conspirators ganging up on Mother. Father never agreed to ask Sandra to step out and remove herself from the picture. At another subsequent session, the counselor, Danielle Mink, finally told Father not to bring Sandra to future appointments and not to be in the building. 14. On September 19,2003 the parties had an appointment with Dr. White and Sandra attended with Father. When Dr. White asked Father for information and he was not quick with his 1-; ~ ,,<; answer, Sandra jumped in with her information, much of which had been included in a fax she sent Dr. White including some 27 pages of notes on Justin. At the end of the appointment Dr. White had the parties come back in the office and Dr. White indicated that Justin is confused and remembers an argument in the parking lot. Sandra became irate and out of control so Dr. White finally had to ask her to leave. Her parting comment was that Mother was a horrible person to which Father did not respond, but rather sat there doing nothing. Dr. White told Paul that he did not need to bring Sandra to any further appointments that she did not want to see her anymore. When Father and Mother left the office and went to make the appointment, Sandra came over and immediately interjected herself into the conversation and asked to get her appointment book to see if the appointment suited her schedule. She also stated her opinion about the payment of the required co-payment for the session. 15. On May 9, 2003, Mother and Father attended a medication conference for the parties' child, Justin with Dr. Raubinstine to determine ifthe child, Justin, should be continued on ADHD medication. Father brought Sandra to this conference. Before the conference and while in the waiting room, Mother tried to talk with Father about the selection of a counselor for the co-parenting required by the 4/23/03 order. Mother tried to inform him that she had called the Christian counseling service they had previously agreed on prior to this meeting. In response, and in front of the child, Justin, Sandra made a scene overusing the Christian counselors. She brought up the letter and notes written by Justin's prior Christian counselor, Susan Freyre, stating that it was all lies and based on Barbara's false accusations. She further stated that Mother was a liar and Mother abandoned her children. Mother responded to Sandra that this was between Mother and Father and she should not be involved. Sandra stated she will not stay out, she is Father's wife and will be involved in this. Mother told her that if she could not control herself maybe she should step outside, to which Sandra responded that she could yell and scream as much as she wanted. Since it was pointless Mother stopped attempting to talk with Father. Father sat their and made no comment. Since Sandra was out of control Mother decided to stop attempting to communicate with Father on this issue. The counselor was later chosen by Father who made an appointment for Mother without any agreement of Mother until after the fact. 16. On May 20, 2003, the parties had an appointment with the nutritionist, Barbara Rigney. ',.jl: r _~, ~~_~< " "'-"'''''- , -T" Sandra came along. Barbara Rigney said to Mother you have a very nice boy, he is just wonderful. Before Mother could respond, Sandra said "oh, thank you." Afterwards Father and Mother went to the desk to make another appointment and agreed to the day when Sandra interjected, wait a minute I have to check my calendar I am really filled up. Only when she approved were Mother and Father able to make the appointment. 17. Whenever Mother has attempted to have communication with Father to discuss legal custody matters, Sandra has prevented her from having that contact and has told her that she is not permitted to call their home. When Mother has called, Sandra yells in the background to such an extent that communication with Father is impossible. For example, on May 22, 2003, Mother called Father to ask him for phone numbers and names for Justin's friends at his home since she found out that he had been on a trampoline and swimming pool at a friend's house and Mother wanted to know who was supervising him. Father originally said OK, that he would give her the information, but did not commit to a date. Mother called Father back a few minutes later about another matter and Sandra was screaming in the background that Mother did not need to talk to Justin's friends, she has too much money and time invested in them and they are mine. Father then said he would give Mother the children's first names but not the parents' names or phone numbers. Mother responded that this was not enough, and that he was forcing her to go door to door to introduce herself. Afterwards, on Memorial Day, May 26, 2003, when Mother went to pick up Justin he said he did not want her to go door to door, it is too embarrassing to him. 18. Around April 4, 2003, shortly before the conciliation conference held in this case, Sandra accused Mother of not giving Austin messages from Father and her. This was not true. The messages were given, but Austin did not want to talk with them. 19. For several months, Sandra has been calling the school daily to see how Justin is doing and also "acting" as though she were Justin's Mother. 20. On May 31, 2003, one of Mother's custodial days, Mother and Mother's sister were at a lineman's competition in New Oxford, PAin which Austin was participating. Justin was with them. Father and Sandra also attended this event. At this event, Sandra descended upon Justin -:-ol', ^ """ ) :- and had words with Mother's sister in front of Justin. As soon as Mother returned home from the event with Justin, Paul called first and asked for Justin and then put Sandra on the phone. Mother's sister heard Sandra saying" are you ok? Did they hurt you?" 21. Sandra has been at events for Justin and has tried to get him to come away from Mother. She is always very annoying and prevents Mother from having quality time with her children. 22. On many of Mother's custodial times Sandra has made plans for Justin knowing that it was Mother's time. She has informed Justin of these plans without first discussing it with Mother and obtaining her permission. As the result when Mother refuses to give up her custodial time she is made to look like the bad person to her son. For example, Father had previously asked Mother if he could have Justin for Mother's holiday, Memorial Day, to take him to a neighborhood block party. Mother told Father no that she had other plans with her family. Sandra and Father told Justin about this neighborhood block party and placed a call for him on Father's cell phone to have Justin ask her ifhe could go to the block party instead of going with Mother. He was crying and very upset. 23. Father and Sandra put the child, Justin, on medication for ADHD without first securing Mother's consent, knowing that she was opposed. 24. Father and Sandra terminated the Justin's counseling with Susan Freyre, M.A., CSCC, without Mother's consent. 25. Father has attended on an irregular basis Good Shepard Church on Route 11 in Carlisle, a protestant church. Mother now attends Grace United Methodist Church. Mother learned from Justin that Father and Sandra were taking Justin to a strip mall church, Day Break Church. This was done without allowing Mother to participate in this decision and without her consent. Mother found the church's web site which did not indicate any protestant or other faith upon which she could make a reasonable decision as to this matter. The parties subsequently agreed at a co-parenting counseling session that Justin would attend Grace United Methodist Church and not the Day Break Church. Unbeknownst to Mother, Father is still taking Justin to the Day Break Church contrary to their agreement. 'R' . ~ ",- ~ , ,"_~.R' 26. Last year, Father and Sandra sent Justin to St. Patrick Catholic Vacation Bible School without Mother's consent. When the subject came up this year, Mother suggested going to Grace United Methodist Vacation Bible School, where the parties other child attends church. Father and Mother previously agreed to this. On May 23,2003 a typed letter was sent to Mother advising her that he was going to send the child to vacation bible school at St. Patrick's Catholic Church during his week without Mother's consent. 27. Sandra attends all medical meetings, school conferences and the like pertaining to Justin. When she attends these events she takes over so much that neither Father nor Mother are able to be involved. For example on May 16, 2003, at the school care conference for Justin, Sandra so dominated the conference that the teacher, Mrs. Bums, only talked to Sandra and not with the parents. 28. For the school year 2003-2004 Sandra filled out Justin's emergency contact card, and listed Father has the primary contact and Sandra and a babysitter as the emergency contact. Mother's name was not listed at all on this card. 29. At a recent sports banquet, after Mother had been given permission by Father to allow Justin to eat with Mother, Sandra came over to Justin and Mother and told Justin that he had to talk to his Father first thereby interfering with the decision that had already been made. 30. On Sunday morning, September 21, 2003, Mother learned from Justin that Sandra and Father were giving him a supplement by the name of Melatonin, one to two pills every evening. Justin told her that ifhe took the hold bottle he would really get a good nights sleep, which statement frightened Mother. Mother then took him to the store and had him show her the supplement and he picked it right out in the vitamin isle. The bottle did not have a child proof cap. Mother read the label which stated that it was for adults and not to exceed more than one pill in 24 hours. It also has warnings about consulting with a physician; not to be used by persons under the age of 18; and not to be taken by persons with psychological disorders and to consult with Poison Control in the event of an accidental overdose. Mother was not consulted with prior to the child commencing taking this supplement nor was the supplement 'cO, - ,~ r-i recommended by a physician. Mother fears that the child can be harmed by this supplement. 31. Sandra told Justin on picture day that he was not to wear a striped shirt that Mother had given him because he looks ugly in stipes 32. Sandra and Father have prohibited Justin from visiting with his maternal grandparents while in their care. 33. At a football game, Austin and the maternal grandmother saw Justin playing near the concession stand. When the maternal grandmother approached Justin. Sandra grabbed him by the arm and pulled him away from her. 34. On October 12, 2003 Sandra provided Mother with a note advising her that she and father had enrolled Justin in karate which was done with out her advance knowledge and consent. 35. Prior to Father's marriage to Sandra, Father and Mother were able to communication and make joint legal custody decisions on a fairly reasonable basis. 36. Since Father's marriage to Sandra, Mother has not been able to communicate with Father and has been pushed out of virtually all legal custody decisions because of Sandra's actions. 37. Mother has asked Father to have Sandra stay out of the picture, not attend the meetings for the children and not be involved in their communication, but Father has ignored her requests and has failed to take any action to prevent Sandra's interference. 38. The child, Justin, is becoming confused and upset as the result of Sandra's interference in custody issues. Mother is becoming upset and frustrated as the result of Father's and Sandra's action. 39. Mother's custodial rights are being interfered with as a result of Sandra's and Father's actions. 40. Father has a firearms permit and carries a loaded pistol in his car, even when the parties' ,--,,-"'- - children are with him in that vehicle. 41. When the custody exchanges are made at Father's home, Sandra creates a scene or Father chooses that time to discuss custody issues in front of Justin, which is not in his best interest. Mother wants all custody exchanges to occur at her home without Sandra being present so as to avoid further harm to Justin. 42. Mother does not want to have any contact with Sandra as she believes that it is not in Justin's best interests to witness the confrontations that Sandra instigates. 43. Mother believes that unless an order is entered relating to Sandra's involvement in custody matters, that Mother's custodial rights will be effectively destroyed and that the child, Justin Weibley will continue to be harmed. 44. Mother believes that the child should not be taking the supplement, melatonin, and believes Father and Sandra are placing Justin in harms way as the result of giving him this supplement. 45. As part of a Domestic Relations support action Father was ordered to provide Mother with the medical insurance cards for the Children, and as of the date of this Petition Father has failed and refused to provide mother with that insurance card. 46. Father works a rotating schedule and often has to work nights. Mother does not believe it is in the best interest of Justin to be left in Sandra's care when Father is working. 47. Father is represented by Carol J. Lindsay, Esquire in this case. A copy ofthis Petition was faxed to that attorney on October 14,2003, for her response and position. As of the date of filing of this Petition she has not indicated her consent to the requested relief. 48. The only judge assigned in this case is the Honorable J. Wesley Oler, Jr., who entered the aforesaid 6/27/01 and 4/23/03 Custody Orders. WHEREFORE, Mother requests this Honorable Court to enter an order: ';'1"<'11'," r: I. Transferring legal and primary physical custody of Justin to Mother pending the final hearing to be held in this case, subject to such rights of partial custody for father as the Court deems appropriate to be exercised by Father only when he can be physically present, so that Justin is not left alone with Sandra when Father is working. 2. Requiring all exchanges to be made at Mother's home, and prohibiting Sandra from being present at those exchanges. 3. Permitting member's of Mother's family to call Father's home and speak to Justin and prohibiting Father and Sandra from interfering with those phone calls. 4. Prohibiting Sandra Weibley from attending any meetings, conferences, appointments, and activities involving the Children. 5. Prohibiting Sandra Weibley from contacting or having any communication with any person or entity having information regarding the Children; 6. Prohibiting Sandra Weibley and Father from interfering with or denying Mother's legal custody rights; 7. Prohibiting Sandra Weibley from interfering with Mother's communication with Father, including, but not limited to making comments to or about Mother when she is attempting to call, talk to, or meet with Father. 8. Prohibiting Sandra Weibley from calling Mother's home or cell phone. 9. Prohibiting Sandra Weibley and Father from asking the children to leave Mother and visit with either of them or their family or friends during Mother's custodial periods. 10. Prohibiting Sandra Weibley and Father from making plans for the child, Justin Weibley, during Mother's custodial periods or from discussing any such plans with the child, Justin Weibley. ,..'" "- 'I: ' ." I"T 11. Prohibiting Father and Sandra from giving the children any supplements to medication without Mother's knowledge and consent, including but not limited to the supplement Melatonin. 12. Requiring Father to give Mother the medical insurance cards for the children Respectfully submitted, e'_ , "-. - ,--' I-I' ,)!!;' VERIFICATION I, the undersigned, hereby verify that the statements made in the foregoing petition for Special Relief are true and correct. I understand that false statements made herein are made subject to the penalties ofPa. C.S. 94904, relating to unsworn falsification to authorities. BARBARA J. WEIBLEY Date: "" I: CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on October 14. 2003 , I served the within Petition for Special Relief this day by depositing the same in the United States Mail, First Class, Postage Prepaid, in Camp Hill, Pennsylvania, addressed to: Carol J. Lindsay, Esquire 26 West High Street Carlisle,PA 17013 I also certify that on October 14. 2003, I served the within petition upon said attorney by faxing the same by faxing the same to her as follows: CAROL J. LINDSAY, ESQUIRE 26 West High Street Carlisle, P A 17013 Phone: (717) 243-6222 Fax: (717) 243-6486 Respectfully submitted, CLIFF, ESQUI oad Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff ) ~ -~ '~-,-! "- ~ . r' 1 I < ,'-- VERIFICATION I, the undersigned, hereby verify that the statements made in the foregoing petition for Special Relief are true and correct. I understand that false statements made herein are made subject to the penalties ofPa. C.S. S 4904, relating to unsworn falsification to authorities. Date: to (1 (pi () J I l ,~~ I' . . , ~~ i-- ., , ~ EXHIBIT "A" 4/23/03 CUSTODY ORDER ?i;~~- ___,~~ .'e, ',_ ," -t--,- __" -~ --~-_":'1.:~ i " ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA J. WEIBLEY, Plaintiff v. No. 01-2099 Civil Term PAUL WEIBLEY, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER MODIFYING APRIL 23, 2003 ORDER OF COURT AND NOW, this ~~~ay of the within Stipulation" IT IS , 2003, upon consideration of ORDERED that: 1. Paragraph 11 of the April 23, 2003 Order of Court attached hereto, marked Exhibit AU and made a part hereof, which provides "In the event either party is unavailable to provide care for the children for three hours or more during his or periods of custody, that party shall first contact the other party to offer that party the opportunity to provide care before contacting third party care givers." shall be deleted and removed from the April 23, 2003 Order of Court. 2. In all other respects the terms of the April 23, 2003 Order of Court shall remain in full force and effect. '.J~" ., '- . 'il t-~l~~d ~'.,. .,...,., ',. BY THE COURT: }5 .. J. Distribution to: ATTORNEY FOR PLAINTIFF: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 ATTORNEY FOR DEFENDANT: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 ~L ~. ,.. _~ -0 1'-' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA J. WEIBLEY, Plaintiff v. No. 01-2099 Civil Term PAUL WEIBLEY, Defendant CIVIL ACTION - LAW IN CUSTODY STIPULATION AND NOW, stipulate and o C:_1 c: ,--- the ~l:!~rt;k"s ~)( ,~- .....-. Z~' ,"" r-. , Paragraph 11 of the April 23, 2003 Order of Court attachl"d b..ereto7. --;-,,::' ;. , :--'~I marked Exhibit An and made a part hereof, which provides "In"the': ev",nt _,r.. ..-' __;~ either party is unavailable to provide care for the children:.::EoliT.,thi...e hours or more during his or periods of custody, that party shall first contact the other party to offer that party the opportunity to provide care before contacting third party care givers." shall be deleted and removed from the April 23, 2003 Order of Court. this \6 t- ~!, day of July, 2003, comes .who agree as follows: t;,.' 1. 2. In all other respects the April 23, 2003 Order of Court shall remain in full force and effect. 3. The parties authorize the Court to enter an order in accordance with the provisions of this Stipulation. IN WITNESS WHEREOF, the parties, each intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: (SEAL) PAUL WEIBLEY, Dated: 7 -/0 -03 ~:~._," ,"~~, ",,~ , - 1" ~ . ~ "~ rN~. OJ- I,:'\'.E" t\ L'.' 1 ~~tfr.i:~~ 1." RA.RBARA..T. WEmLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-2099 CIVIL ACTION LAW Defendant IN CUSTODY I'~-' ~, hi L-EL PAUL WEmLEY ORDER OF COURT . AND NOW, tlus J JuL da~ of ~ . . . ' 2003, upon consideratIon of the attached Custody ConcIliation Report, It IS ordered and directed as follows: 1. The prior Order of this Comi dated .Tune 27,2001 is vacated and replaced with this Order. 2. The parties shall engage in a course of co-parenting counseling with a professional who is approved by the Father's insurance plan and selected by agreement of the parties. The purpose of the counseling shall be to assist the pmiies in developing sufficient communication and cooperation to enable them to effectively co-parent and make decisions for their children. The pmiies shall participate in a minimum of six sessions and shall follow the recommendations ofthe counselor with regard to the frequency and duration ofthe sessions. All costs of counseling which are not paid by insurance shall be shm'ed equally between the pmiies. The pmiies shall select the counselor and contact the counselor's office within two weeks of the date of the conciliation conference in order to schedule the first session. 3. The pmiies shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be perfom1ed by a professional selected by the Mother. The purpose ofthe evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will serve the needs of the Children. The Mother shall be responsible to pay the costs of the evaluation initially but reserves the right to request that the Court apportion the evaluation costs at a later date. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional infomlation peliaining to the paIiies and children. . 4. The parties shall make arrangements to jointly meet with Justin's psychologist, Dr. France, to obtain recommendations regarding counseling for the Children. 5. The paliies shall select a dietician for Justin, who is refen-ed by .Tustin's physician for insurance purposes and who offers appointments on days and times when both parties can attend. , . 6. The pmiies shall schedule all educational, health and related appointmems for Justin (other than for ordinary illnesses) on dates and at times acceptable to both parties to enable both parties to fully participate in making decisions regarding Justin's treatment plans. 7. The Mother, Barbara J. Weibley and the Father, Paul Weibley shall have shared legal custody of Austin Priest Weibley,bomAugust 24,1986, and Justin Priest Weibley, born December 20, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the tenDS of this paragraph each pm'ent shall be entitled to all records and infOlmation pertaining to the Children including, but not limited to, school and medicalrecords and information. To the extent one parent has possession of any such records or infonnation, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and infol1nation of reasonable Llse to the other parent. 8. Pending completion of the custody evaluation and fmiher Order of Comi or agreement of the pmiies, the parties shall have physical custody of the Children in accordance with the fo1Jowing schedule: A. The Mother shall have Plimary physical custody of Austin, with the Father having liberal periods of partial custody as arranged by agreement between the pmiies. B. During alternating weeks, the Mother shall have custody of Justin fi'om Monday at 5:00 pm for six consecutive days through the following Sunday at 5:00 pm, and the Father shall have custody of Justin from Sunday at 5:00 pm for eight consecutive days through Monday at 5:00pm. 9. The parties shall share or alternate having custody of the Children over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run fi'om C!llistmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall nm from Clll'istmas Day at 12:00 noon through December 26 at 1 2:00 noon. TheMother shall have custody ofthe Children during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Children dUling Segment A in even numbered years and during Segment B in odd numbered years. B. ALTERNATING HOLIDAYS: The holiday custody peliod on altemating holidays shall run from 9:00 am until 7:00 pm. In odd numbered years, the Father shall have custody of the children on Easter, July 4th and Thanksgiving and the Mother shall have custody on MemOlial Day and Labor Day. In even numbered years, the Mother shall have custody of the Children on Easter, July 4th and Thanksgiving, and the Father shall have custody on Mel110lial Day and Labor Day. ,)iffi,,", ,]iJ~ r ,_r. , <. ~" " C. MOTHER'S DAY IFATHER'S DAY: The Mother shall have custody ofthe Children every year on Mother's Day and the Father shall have custody of the Children on Father's Day from 9:00 am until 7:00 pm. D. The holiday custody schedule shall supercede and take precedence over the regular schedule. 10. Each party shall be entitled to have custody of the Children for two nonconsecutive weeks each summer wben that party is not working. Eacb party sball schedule periods of vacation custody under this provision during his or her regular week of custody, although both partie~ shall be flexible in adjusting the schedule to accommodate travel plans for vacation. 1 I. In tbe event either pmiy is unavailable to provide care for the Children for three hours or more during his or her periods of custody, that party sball first contact the other party to offer that party the oppOliunity to provide the care before contacting third pmty caregivers. 12. The paJiies shall conIDlunicate directly with each other regarding issues conceming the Children. 13. The paliies agree to cooperate in ensuring that Justin receives the medication prescribed for ADHD on a consistent basis as directed by his physiciaJl for a trial peliod. The parties agree to further cooperate in re-evaluating Justin's treatment plan in 30 days. 14. Neither pmiy shall do or say anything which may estrange the Children from the other parent, injure the opinion ofthe Children as to the other parent, or hamper the ti"ee and natural development ofthe Children's love and respect for the other parent. Both paJiies shall ensure that third parties having contact with the Children comply with this provision, 15. After completion of the custody evaluation, in the event that the parties are not able to reach an agreement as to all outstanding custody issues at that time, counsel for either p31iy may contact the conciliator within sixty days of receipt of the evaluator's written recommendations to schedule an additional conference. BY THE COURT, . /~ .~ . "0 ' /-! .3 (__~ lIt/A.}.!,; (,.U0, ~7-) J. es ey OIer, JI. J. cc: Diane G. Radcliff, Esquire - Counsel for Mother Carol J. Lindsay, Esquire - Counsel for Father ";'-" .. ~'., '. "..' ~ , i:: . ... . '.-.". "..,' ~;.- ;"-':" .> . ~ . ,<, ....~: .....,.._':.;-'"I-.--.~,.,. .: L~' - ,~[,'v/ ( .' '""' ~ .-.~~, ""'-?'-- -:o.....i~..il~__. _ _ _': c. '" /tf.'jQ.?, / J -'--1""-1--. Pr'lV;t""1 :D!~...~~ ,~"',-~,~~ . ~ '. " ' , , .'- -\00 BARB/IR./\. J. WEIBLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUJ\1BERLAND COUNTY, PENNSYLVANIA VS. 01-2099 CNIL ACTION LAW PAUL WEIBLEY Defendant IN CUSTODY Plior Judge: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned CustDdy ConciliatDr submits the fDllowing repDrt: 1. The pertinent infol1l1ation conceming the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Austin Pliest Weibley Justin Priest Weibley August 24, 1986 December 20,.1996 MDther Mother I Father 2. A ConciliatiDn Conference was held on April 15,2003, with the following individuals in attendance: The Mother, Barbara .T. Weibley, with her counsel, Diane G. Radcliff, Esquire, and the Father, Paul Weibley, with his cDunsel, Carol J. Lindsay, Esquire. 3. The parties agreed tD entry Df an Order in the f0l111 as attached with the exception of the temporary custody an'angements for Justin which are the recommendations of the conciliator based on the plior Order and the schedule the parties were using at the time of the conference. Ar~ Date ~L~ Dawn S. Sunday, Esqulle Custody Conciliator /7. ,~o(j3 , 'I' "~, _" '''~ ',-"._ . """ ~ '." " " ,~,- ;'1 1 . -, "'l EXHIBIT "B" 6/27/01 CUSTODY ORDER 1'~1, r ',' 'r,r-- I ".-;' 1 ~ - , , - I r " ~r BAHBARA J. WEIBLEY, : IN THE COURT OF OJMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-2099 CIVIL TERM : PAUL WEIBLEY, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OFaxJRT 7.'7 it upon consideration of the attached ordered and directed as follows: AND N:l>l, this day of CUstody J 0;)C- Conciliation , 2001, Report, it is 1. The Mother, Barbara J. Weibley, and the Father, Paul Weibley, shall have shared legal custody of Austin Priest Weibley, born August 24, 1986, and Justin Priest, born December 20, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the . terms of this paragra!;X1 each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information.. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The parties shall have !;X1ysical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Olildren Monday through Friday during weeks when he works the daylight shift. 0:1 days under this provision when the Children have no school and t.he Father is working, the Mother may have custody of the Children from 7:30 a.m. until 4:00 p.m. if she is available to provide care for the Children rather than using day care. B. The Mother shall have custody of the Children from Sunday evening through Friday after school or day care during weeks when the Father works the second shift or the midnight shift. During the Mother's weeks, the Father shall have custody of the Children on Tuesday and Friday evenings when the Mother is unavailable due to her work and the Father is available to provide care for the Children. C. 0:1 any weekday when the Mother is providing care for the Children, the Father shall have custody from 11:00 a.m. until 4:00 p.m. if he is available. -" -~ ~ - - ~ , -' ',-, ';." . ii-!', 'i :'; :".~:, ' '\~A:~~~!~~~~~~I*~lmt'mmil1llilllli~~~~~~'~il~l.~~'''''''''ir;,,~..=;;,::"-~'j}"l""l""""'"'>~'~"':~"'.' D. 'Ihe Father shall have custody of the Children every weekend, subject to the Mother I s right to have custody one weekend per month when the Mother is available to be with the Children, upon providing notice to the Father one week in advance. 3. In the event the Mother obtains daytime employment when the Father is also working, the parties shall cooperate in making appropriate childcare arrangements for Justin on a consistent basis by agreement. The parties agree that a parent who is available to provide care shap be entitled to preference over other third party caregivers. . 4. The parties shall share or alternate having custody of the Children over holidays as follows: A. CIlRI$MI\S: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Mother shall have custody of the Children during segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. B. ALTERNATING HOLIDAYS: The holiday custody period on alternating holidays shall run fran 9:00 am. until 7:00 p.m. In odd numbered years, the Father shall have custody of the Children on Easter, July 4th and Thanksgiving and the Mother shall have custody on Memorial Day and Labor Day. In even numbered years, the Mother shall have custody of the Children on Easter, July 4th. and Thanksgiving, and the Father shall have custody on Memorial Day and Labor Day. c. MO:rIlER'S DAY/FATIlER'DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day from 9:00 a.m. until 7:00 p.m. D. 111e holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Children for two nonconsecutive weeks each summer when that party is not working. Each party shall schedule periods of vacation custody under this provision during his or her regular week of custody, although both parties shall be flexible in adjusting the schedule to accommodate travel plans for vacation. 6. In the event either party is unavailable to provide care for the Children for three hours or more during his or her periods of custody, that party shall first contact the other party to offer that party the opportunity to provide the care before contacting third party caregivers. .~, _tilM~~~~~~~"~~~~'''.~'~~H_:~", ." UN_" ~_" ,"'" '~'"'~I~"',,~'~'"~~~'~"'~~'~'_ ~:'" :~~"~:'_' '.~~~::'.;::__:'~~'~_'J""I:~:"rl<:~i_:~.:!~,~:, . hM,~_,." ,,.:' ,,;;:, , -,' . '. . '" .-c>' ~ , ". _, . . ~~t~tl.IlIRIn~~~M-mif*,lm;~~IffilHuHf!:~i~~ijreif.m:lr.mj;riH;~<m1.-t:r,:;Jlj1lm"It,i""li!'.:I"":":.';-''''~' ""_"''''''''''''''''''''''''''''.-0''-. ,.-- n___.......""".......""-t"-<<".'"'..'.i"'IC . ,-- - - ;[Lrn!" j' 7. The parties acknowledge that there rray be changes to the parties' employment schedules which will necessitate a change in custody arrangements. The parties agree that if adjustments are nece?,sary, they will attempt to maintain the eame amount of custodial time for each party as is provided in this ~der. 'It' ....1 ':If !'1)i I~I i"i ,;i~ :: "'I ~ ....~..' " ,,,. ,'~~~ ':,~ "1'; ,;;,} n 'tl ". ' W ., 8. This ~der is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the tenus of this ~der shall control. BY THE mURT, :~" fo' " ';! J. cc: Carol J. LindsCl.Y, Esquire - Counsel for Father , ~ ct'~O \ '" V~.~ _._,- --'"~'''''~..", ..~, " -' .' ~~~.~"..- -""',~, . "."',""~...,"', "~""",,,~, ".~" U,,",'''''''' , "_"""'~~'llrr,,~.,~ "~ Pl; "~ ~ ~. ,'. . .> ""''1' . .....J<'1~ .n'" ,~- _."" ' ,,^"" ,. ~ 0'''_.' '1,'-""' -"liij('T _^c". .'~ililit(["1f'""::t' '~;f_'ic~m:;i'r rr~r,'C':;~jffttdie-'1'''!i'P~~:';:~- t'~rr~tc;;~; :'1\tf' ~ - ~ ~ 15' o ~ "' "" ~ \). f;;::;.\ C) CJ 0 ~,; "r'f T ." 1",": ,'-..!; <. < >,) .. U' ! ." ~. . ~~ ,. , ,) ~-"1" -- 'f:: .' )> ,..-" '-.J '. ,J \ "_,.!ftI!I!Ij:J ,,~ ~ If~,.!@!~Wil~"~i~"PW;\'$If'_;'W<{li'!W'<;!@i'I1lJIWi~~~fs,ijJ.~!!~W~~~ffiW"ClJ~': . , ,{ BARBARA J. WEIBLEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-2099 CIVIL ACTION LAW PAUL WEIBLEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 05, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. . the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, December 03, 2003 at 8:30 AM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, SpeciaI Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIIE COURT. By: Isl Dawn S. Sunday. Esq. Custody Conciliator v 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 ATTORNEY AT ONCE. IF YOU DO NOT HA VB 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 '-"_~JlI~! I': , -~ .~ l~' ~' .~,- ~~~~!if~MHMt:ili:ji;!I)mtiMt1il;.,.'l;,.!wm<\i!it,;;;#Sllis,;""..,-r'M,;,~_,","',;c:_,;"dt,:4""illi,"",'o"",''''''di''A:~",,,jBi~~_~~i1liiUillil!~li!UIUU~_~~i'';''''''';''; "-"'-""'~~- -' '. ((. (;llJ / UP t'3 /Ilr()] \~ , < ' ~J:~:J_~,)..I}~~)J""~""..:.~'r"",,,,,,,,#_",,,_~,,, ,"~'\i.,"""""_':""_~ ,C _~.~, ' ,~_""'^" c, - " ",q _.-~~_,_~~"';", ..-;-_" ^ _, ,~,~ . ~ FitfD.{HICE (),r. 'i~~~'.!.r,"dt"\nRY i (,,~/ 't ",';"Vl"'l 03 NOV -6 PM 2: 28 CUMBEHLAiiD COUNTY PENNSYLVANIA M.t~ w.~$u4- ~ 714 ~#4~ ~ /%~ -b a4 ~tJ -, ~- ~-~ '" ) .) I OCT 2 9 20030 BARBARAJ. WEIBLEY,: Plaintiff IN THE COURT OF COMMON PLEAS OF CUIVlBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW PAUL WEIBLEY, Defendant NO. 01-2099 CNIL TERM ORDER OF COURT AND NOW, this 28th day of October, 2003, upon consideration of Plaintiff's Petition for Emergency Relief, tbis matter is referred to the custody conciliation process, and the Court Administrator is requested to facilitate and expedite this referral. BY THE COURT, :rc ~ < Diane G. Radcliff, Esq. 3448 Toodle Road Camp Hill, PA 17011 Attorney for Plaintiff Carol J. Lindsay, Esq. 26 West High Street Carlisle, P A 17013 Attorney for Defendant C1J.Rl6edand County Court ~dministrator ( ( BARBARA J. WEffiLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-2099 CNIL ACTION LAW PAUL WEffiLEY Defendant IN CUSTODY ORDER OF COURT 2-00 i AND NOW, this 5 {-h day of ]'"217 u 2..l J ' 2tilB, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated April 23, 2003 and July 24,2003 shall continue in effect. 2. The parties shall engage in a course of co-parenting counseling with Deborah Salem or other professional selected by agreement. The purpose of the counseling shall be to assist the parties in developing sufficient cooperation and communication to enable them to effectively resolve issues which arise concerning the Children and the custody situation. The parties shall equally share the cost of counseling which are not covered by insurance up to a maximum of $25.00 per party for each session. In the event each party's co-payment exceeds $25.00 or insurance coverage is exhausted, counsel for either party may contact the conciliator to schedule a telephone conference to address the issue. The parties agree that in the event of future litigation in this custody action, neither party shall be permitted to present any counselor providing co-parenting counseling under this provision as a witness. The parties shall follow the recommendations of the counselor with regard to the frequency and duration of counseling. 3. The non-custodial parent shall be entitled to contact the Children by telephone at 7:00 pm each day. In the event the Children are not available at that time and the non-custodial parent leaves a telephone message, the custodial parent shall ensure that the Children return the telephone call on the same day or the custodial parent shall return the call to the other parent on the same day explaining the reason for the Children's inability to return the call. ~, f!'~~'i. ~~ " , ~, .'!""""'!r''! " - .- - ~~~, .," LJ. , ' ,~'" ' ^' ~-~ , v1N\11\l,.\:~Nr\P,-1 , /' ,,..,"' - - ""-.. r\ lr\l~ "~I ", j !"fll ~-"'f";l"'nf"\ ".,-,,, '~r... -,",: <~:,,~~~n(li v 90 :8 lid S- NVr ~OO2 Al:JVlONOHlOod 3Hl =JO 301:H0-G31L~ ~_. ~ e, ~ ~ e_ 'c. '<' "~'''''-"'''''''''''M'''''-="' ,~,=o_",_<",,,.., "',__~_~^___"._~"~~~ ,._"^~ ,~~, _" ~_"~,"'- , \ \ ~ '"""--<" ''lo; mllJ~;S~~ifr!"ijl!~~;~llfM~~~~ . 4. This Order is entered pursuant to an agreement of the parties at a Custody 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. BY THE COURT, J. cc: ~e G. Radcliff, Esquire - Counsel forMother ..e:rf01 J. Lindsay, Esquire - Counsel for Father rit\;;~ .~ ~ Ol-OS"OLJ )"if ",~ "!II!'" "-1"-"1-11 -,,' " "',- "~-, '-' BARBARA J. WEffiLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-2099 CIVIL ACTION LAW PAUL WEffiLEY Defendant IN CUSTODY Prior Judge: J. Wesley OIer, Jr. 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Austin Priest Weibley Justin Priest Weibley August 24, 1986 December 20,1996 Mother Mother / Father 2. A Conciliation Conference was held on December 22, 2003, with the following individuals in attendance: The Mother, Barbara J. Weibley, with her counsel, Diane G. Radcliff, Esquire, and the Father, Paul Weibley, with his counsel, Carol J. Lindsay, Esquire. Date 3. It was agreed at the conference that the conciliator would await further advice from the Mother's counsel on the issue of co-parenting counseling. The conciliator was subsequently advised of the Mother's agreement to the counseling and the parties agree to entry of an Order in the form as attached. It should be noted that the parties are currently completing a custody evaluation by Arnold Sheinvold, PhD. In the event the parties are unable to resolve the issues raised by the Mother's Petition for Emergency Relief and other concerns raised at the conference through the co-parenting counseling, it was agreed that these issues would be later resolved as part of the overall custody determination. D~ Custody Conciliator r2.ta..w.Ju/l ,70 J.6&""'? I ,-" . . -",,,,,~ ' I 'I " , I - ,..."...,~ ~;~~:~> - < BARBARA J. WEIBLEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-2099 CIVIL ACTION LAW PAUL WEIBLEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 19, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cOlmsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 14, 2004 at 12:30 PM 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 present at the conference. Failure to appear 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 schednled hearing. FOR THE COURT. By: Isl Dawn S. Sunda.y. Esq. Custody Conciliator mhc 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 ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -"j,;\ ~< " " -[-"~I ^ , . " _:H,'illi\M4-W-1l.."lll~:tke.i!.~Ii,t;;".2:i"W:ti>1l8",*,wiliM:~~"'.JM::b,~"'i~W':;';~I;i""d.<;';~',0,;';U",";C"~,"'Ji;~:'i,h;!"~':;'j,lV.,,,,",)'~'~I~liliHelw.i~~~~fl~''-''-- ~ :2CU4 tL!~ 2Ll '" {~ <",:0 "'i5 ;;J'I-?lV f;)V -tW f '~f/-o'l . ,"_',"'_'~""n~r~rJL",. ,-,''','~'''..,.,",_''''''''='''e_",'_'_,'"'_"~ _ - _~,,~.,,~"," "~,, ". ,,~ ,,_ . 'V","~ '""~, - _ ~. ~""rc 6d-~~z4~~ 11~ ~ 'f/ aif- ~ ~~-t;~.~ ~~,- , w~;~:'riSi~; SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle, P A ."d~'- , . BARBARA J. WEIBLEY, Plaintiff/Respondent AUG(S 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 2099 CIVIL TERM IN CUSTODY vs. PAUL WEIBLEY, Defendant/Petitioner ORDER OF COURT AND NOW, this day of attached PETITION FOR MODIFICATION, respective counsel appear before 2004, upon consideration of the it is hereby directed that the parties and their the conciliator, at , on the day of , 2004, at o'clock _. 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. For the Court, By: 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 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, Pennsylvania, 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. By the Court, Date: SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, P A 'I BARBARA J. WEIBLEY, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 2099 CIVIL TERM IN CUSTODY vs. PAUL WEIBLEY, Defendant/Petitioner PETIT/ON FOR MODIFICA nON AND NOW comes PAUL WEIBLEY, Defendant above, by and through his counsel, Said is, Shuff, Flower & Lindsay, and petitions this Honorable Court for modification as follows: 1. The parties hereto are parents of two children, Austin Priest Weibley, born August 24, 1986, and Justin Priest Weibley, born December 20, 1996. Austin will be eighteen and is not the subject of this petition. 2. Custody of the parties' children is controlled by a Court Order of April 23, 2003. A copy of the Court's Order of April 23, 2003 is attached hereto as Exhibit 'A'. 3. Subsequent to the entry of the Court's Order, the parties underwent a custody evaluation at the request of Respondent by Dr. Arnold Shienvold. A copy of Dr. Arnold Shienvold's report of February 20, 2004 is attached hereto as Exhibit 'B'. Dr. Shienvold's recommendations include: 1. Respondent should begin individual therapy to help her deal more effectively with her depression and anger; 2. The parties enter co-parent counseling; 3. If Respondent is unable to agree to the recommendation of counseling, or if Justin's current SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, P A i:,:"H, adjustment begins to deteriorate, then Paul's home should be considered the primary residence of the child during the school year. 4. Modification of the Custody Order in this case is sizeable required: 1. Respondent has not engaged in personal counseling of any meaningful sort; 2. Respondent refuses to get engaged in couples counseling; 3. Respondent refuses to cooperate in the treatment of the child's ADHD or to pay any attention to the child's nutritionist's recommendations. WHEREFORE, Petitioner prays this Honorable Court to award to him legal and physical custody of the child with periods of partial custody in Respondent confident with the child's education and physical health. Date: ~ /3(c1 f . By: 2 ,I", '. SAIDlS SHUFF, FLOWER & LINDSAY AlTORNEYS.AT-LAW 26 W. High Street Carlisle, P A ~ !I VERIFICATION I verify that the statements made in the foregoing PETITION FOR MODIFICATION 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. Date:~ I I 5 ~~,-;,:-~,_:::;_;~;~ "tr:~:-::~~ ".'0>___.'_' - -? ;-~ -':T " "___,"'~' r"',,-';" : "'..,k", _, _"> ',L~,,_. ,- ".," ~ '---'I SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle, P A " BARBARA J. WEIBLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2001 - 2099 CIVIL TERM PAUL WEIBLEY, Defendant/Petitioner IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this /61.' day of /)~ ' 2004, I, Carol J. Lindsay, Esquire, o~ the law firm of SAIDI~, SrkJFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within PETITION FOR MODIFICATION this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvani~, addressed to: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Defendant/Petitioner By: Carol . Llnasay, s 10# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 n,'_' 1'^""'~"'--\ :i Ii! ;j :] .1 'I i-:~ "j, '. ,~,I_. . ~ n (- '~" ~ .. c.Ct '--(" ~ f\ - .... & ..J , ~ ~ ~ ~ \ ~ ~ "" C:::)> c::::> ......- () ,~n ....1 FS~ :;~f] t)~I'~ "' ,:;;! ::~:J "., :r", (",., V) 0:> J""" _:.i" >,() i') -~ ~~ .,1l\l~~::!!l:lll!'~~~""J~",I!J,_J..,:lH!!ffi~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA J. WEIBLEY, Plaintiff v. No. 01-2099 Civil Term PAUL WEIBLEY, Defendant CIVIL ACTION - LAW IN CUSTODY NOTICE TO PLEAD TO: Paul Weibley c/o Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 You are hereby notified to file a written response to the endorsed New Matter within 20 days from service hereof or a judgment may be entered against you. Respectfully submitted, , .~. " , "~ >1. ': 1 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA J. WEIBLEY, Plaintiff v. No. 01-2099 Civil Term PAUL WEIBLEY, Defendant CIVIL ACTION - LAW IN CUSTODY ANSWER AND COUNTERCLAIM TO PETITION FOR MODIFICATION Barbara J. Weibley, Plaintiff in the above-referenced action, by and through her attorney, Diane G. Radcliff, Esquire, and files this Answer and Counterclaim to Defendant, Paul Weibley's Petition for Modification as follows: ANSWER 1. Admitted. It is admitted that parties are the parents of two minor children, Austin Priest Weibley, born August 24, 1986, and Justin Priest Weibley, born December 20, 1996. It is further admitted that Austin is age 18 and not the subject of these proceedings. 2. Admitted in part and denied in part. It is admitted that the custody of the child, Justin Priest Weibley, is controlled in part by an Order of Court dated April 23, 2003. It is further averred that the April 23, 2003 Order was modified by an Order of Court dated July 24,2003, and and Order of Court dated January 5, 2004, true and correct copies of which are attached hereto, marked Plaintiff's Exhibit "A" and "B" respectively, and made a part hereof, and as a result custody of Justin Priest Weibley is governed by all three Orders. 3. Admitted. It is admitted that subsequent to the entry of the court order the parties underwent a custody evaluation at the request of Plaintiff, Barbara J. Weibley, performed by Dr. Arnold Shienvold. It is further averred, however, that: A. Dr. Shienvold's evaluation report and recommendations are not relevant to these proceedings in that the parties never agreed to follow his recommendations B. Dr. Shienvold's evaluation report and recommendations are not relevant to 2 '.~" ,~. ~ . I'.' 1 " ~~ these proceedings in that the report is hearsay as it was never properly admitted in any Court proceedings and was made a part of any Court order. C. Dr. Shienvold's evaluation report and recommendations are not relevant to these proceedings in that Dr. Shienvold was Plaintiff, Barbara J. Weibley's expert and he is forbidden from testifying in any proceeding without Plaintiff, Barbara J. Weibley's consent which will not be given unless she is reimbursed for the $5,000 + Plaintiff, Barbara J. Weibley, paid him. 4. Denied. It is denied that modification of the custody order in this case is sizeable [sic] required: A. Denied. It is denied that the Plaintiff, Barbara J. Weibley, has not engaged in any personal counseling of any meaningful sort. On the contrary it is averred that she did attend counseling and the counselor indicated to her that no further counseling was required. B. Denied. It is denied that Plaintiff, Barbara J. Weibley, refused to engage in any couples counseling. No couples counseling has been requested by either party since Dr. Shienvold's report was issued. By way of further Answer, and as set forth in the January 5, 2004 Order, co-parenting counseling was to take place only if each party's co-payment share of the expenses was $25.00 or less. When the parties investigated co-parenting counseling, they discovered that father's insurance would not cover the same and thus the costs would exceed the $25.00 limitation. As a result it was agreed that the co-parenting counseling would not proceed since Defendant, Paul Weibley, refused to pay for the same and Plaintiff, Barbara J. Weibley, could not afford it. Verification of this set of facts is verified on Plaintiff, Barbara J. Weibley's attorney's letter dated January 28,2004, to the Custody Conciliator, Dawn Sunday, Esquire, a true and correct copy of which is attached hereto, marked Exhibit "C" and made a part hereof. C. Denied. It is denied that the Respondent has refused to cooperate in the treatment of the child's ADHD or to pay attention to the child's nutritionist's recommendations. On the contrary and by way of further Answer, it is averred that: 1. Plaintiff, Barbara J. Weibley, has at all times cooperated with the treatment of the child's ADHD, 2. Plaintiff, Barbara J. Weibley, has given the child his ADHD 3 ,pJo._~ I-t':: I ~ t..~___,~.",^ medication in a timely and appropriate manner. 3. Defendant, Paul Weibley, and his wife have continually and falsely accused Plaintiff, Barbara J. Weibley, of failing to give the medication even though they have received independent information that such medication has been given. 4. Defendant, Paul Weibley, and his wife interrogate the child about whether or not his mother gives him the medication. 5. Defendant, Paul Weibley, has attempted to thwart the Plaintiff, Barbara J. Weibley's ability to cooperate with said treatment by refusing to provide her with medication for the child's ADHD treatment and thereby requiring her to secure that medication and to pay for the same. 6. Plaintiff, Barbara J. Weibley, has followed the nutritionist's recommendations. 7. Defendant, Paul Weibley, and his wife have continually and falsely accused Plaintiff, Barbara J. Weibley, of failing to follow the nutritionist recommendations. 8. Defendant, Paul Weibley, has made additional dietary requirements other than those recommended by the child's nutritionist and, in fact, directly contrary to those recommendations. 9. Defendant, Paul Weibley, and his wife constantly interrogate the child about the things that he eats at his mother's home. WHEREFORE, the Plaintiff, Barbara J. Weibley, respectfully requests this Honorable Court to deny the Defendant, Paul Weibley's prayer to this Honorable Court to award him legal and physical custody of the child, with periods of partial custody in Plaintiff, Barbara J. Weibley. COUNTERCLAIM 5. Plaintiff, Barbara J. Weibley, incorporates by reference the answers and averments set forth in Paragraphs 1 -5 herein the same as of fully set forth at length. 4 '':''l\VT, ., ,0, 1" -_~ .' ," " I , -I "...-,' 6. Defendant, Paul Weibley, has failed to engage in any couples counseling. 7. Since the entry of the January 5,2004 Order the Defendant, Paul Weibley, and his wife, Sandra Weibley, have continued to attempt to undermine Plaintiff, Barbara J. Weibley's relationship with the child and have placed him in the middle of these custody disputes to his emotional detriment. 8. Since the entry of the January 5, 2004 Order the Defendant, Paul Weibley, and his wife, Sandra Weibley, have continued to interrogate the child about custody issues to his emotional detriment. 9. Since the entry of the January 5, 2004 Order the Defendant, Paul Weibley, has failed to see that the child properly attends school his having missed approximately seven (7) full or partial days of school from January 1 , 2004 through the end of the 2003-2004 school year. 10. The Plaintiff, Barbara J. Weibley, believes that the Defendant, Paul Weibley, has not been acting as a proper custodial parent and that custody should be changed to grant her primary physical custody of the child with periods of partial custody in the Defendant, Paul Weibley. WHEREFORE, Plaintiff, Barbara J. Weibley, respectfully requests this Honorable Court to enter an order granting her primary physical custody of the child, subject to partial physical custody of the child with the Defendant, Paul Weibley, and shared legal custody of the child with the parents. Respectfully submitted, ( . CLIFF, ESQUIRE ef)T~~~dle oad . , A 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff Barbara Weibley 5 "~" '" ,',~ ^, ~_'V:'''?'_ ,~, ",__., ,'-', ',," rc,;,": I', VERIFICATION I, the undersigned, hereby verify that the statements made in the foregoing petition for Special Relief are true and correct. I understand that false statements made herein are made subject to the penalties of Pa. C.S. !i 4904, relating to unsworn falsification to authorities. Date: <6/3(f/di , I 6 I~Lc:' ~,~;~_ '.' ,'" 'c ,"<"" ...",""" " : ,,~, ~'~, -~ _",,~':r ""I' e,; :' 1 ' " .,-, i'''I~'i_" ,_" ",l-':','-' "'--- ., Exhibit" A" JULY 24, 2003 ORDER OF COURT I"" , :" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA J, WEIBLEY, Plaintiff v. No. 01-2099 Civil Term PAUL WEIBLEY, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER MODIFYING APRIL 23, 2003 ORDER OF COURT AND NOW, this ~~~ay of the within Stipulation" IT IS , 2003, upon consideration of ORDERED that: 1. Paragraph 11 of the April 23, 2003 Order of Court attached hereto, marked Exhibit An and made a part hereof, which provides "In the event either party is unavailable to provide care for the children for three hours or more during his or periods of custody, that party shall first contact the other party to offer that party the opportunity to provide care before contacting third party care givers." shall be deleted and removed from the April 23, 2003 Order of Court. 2. In all other respects the terms of the April 23, 2003 Order of Court shall remain in full force and effect. . ",-,',.";~ "'J!' ,j' ~ ;(';'~d; ." BY THE COURT: /.5 , '(''.l'''1':, ! tr~ ." "'.~ '. J. Distribution to: ATTORNEY FOR PLAINTIFF: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 ATTORNEY FOR DEFENDANT: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 "~ \, - , r ,~ ~~ '1' ' ~~, ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA J. WEIBLEY, Plaintiff v. No. 01-2099 Civil Term PAUL WEIBLEY, Defendant CIVIL ACTION - LAW IN CUSTODY STIPULATION AND NOW, stipulate and this \6 +-- day of July, 2003, comes 2.-. the ..,.parties r<-":r" ::.:: >" who agree as follows: ,;. 1. Paragraph 11 of the April 23, 2003 Order of Court attadh<2d bereto,. ,', ,- .--' marked Exhibit A" and made a part hereof, which provid<2s ":tnthe. event ,-, ~ " ' ., either party is unavailable to provide care for the children:.,fo:li;.three hours or more during his or periods of custody, that party shall first contact the other party to offer that party the opportunity to provide care before contacting third party care givers." shall be deleted and removed from the April 23, 2003 Order of Court. 2. In all other respects the April 23, 2003 Order of Court shall remain in full force and effect. 3. The parties authorize the Court to enter an order in accordance with the provisions of this Stipulation. IN WITNESS WHEREOF, the parties, each intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: J. Dated: '7 ~~ (SEAL) PAUL WEIBLEY, Dated: 7-/0 -03 ?(~ ,-(< " " I" . " 'r ~ pr'l.;:.9' ,'.If/i', (:"'i,t' !(-. L. _~ l~'.-'~"_ KilJZBARA J. WEIBLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 01-2099 CNIL ACTION LAW Defendant IN CUSTODY r' g, ti ~ f:E;, PAUL WEIBLEY ORDER OF COURT . AND NOW, this ~ :Jul day of ,~ . . .' 2003, upon conslderatlOn of the attached Custody ConcIhatlOn RepOli, It IS ordered and dIrected as follows: I. Tbe prior Order of this Court dated June 27, 2001 is vacated and replaced with this Order. 2. The parties shall engage in a course of co-parenting counseling with a professional who is approved by the Father's insurance plan and selected by agreement oftbe parties. The purpose of the counseling shall be to assist the paIiies in developing sufficient communication and cooperation to enable them to effectively co-parent and make decisions for their children. The parties shall participate in a minimum of six sessions and shall follow the recommendations of the counselor with regard to the fi'equency and duration of the sessions. All costs of counseling which are not paid by insurance shall be shared t'qually between the paliies. The paIiies shall select the counselor and contact the counselor's office within two weeks ofthe date of the conciliation conference in order to schedule the first session. 3. The p31iies shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be perfonJ1ed by a professional selected by the Mother. The purpose of the evaluation shall be to obtain independent professional recommendations conceming ongoing custody arrangements ,,'hich will serve the needs of the Children. The 1I10ther shall be responsible to pay the costs ofthe evaluation initially but reserves the right to request that the Court apporti on the evaluation costs ala later date. The paIiies shall sign all authorizations deemed necessary by the evaluator in order to obtain additional infomlation peliaining to the paIiies and children. . . 4. The pmiies shall make anangements to jointly meet with Justin's psychologist, Dr. France, to obtain recommendations regarding counseling for the Children. 5. The pmiies shall select a dietician for Justin, who is refelTed by Justin's physician for insurance purposes and who offers appointments on days and times when both parties can attend. ,'m ,"~', ,_,__' ,,..,rl_" -", , I 6. Tbe parties shall schedule all educational, health and related appointments for .Justin (other than for ordinary illnesses) on dates and at times acceptable to both parties to enable both parties to fully participate in making decisions regarding Justin's treatment plans. 7. The Mother, Barbara.T. Weibley and the Father, Paul Weibley shall have shared legal custody of Austin Priest Weibley, born August 24, 1986, and Justin Priest Weibley, born December 20, 1996. Each parent shall have an equal light, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's genera] well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the tenDS ofthis paragraph each parent shall be entitled to all records and inf0l1l1ation pertaining to the Children including, but not limited to, school and medicaJrecords and infornlation. To the extent one parent has possession of any such records or infol111ation, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and infol111ation of reasonable use to the other parent. 8. Pending completion ofthe custody evaluation and further Order of Comi or agreement of the patiies, the parties shall have physical custody of the Children in accordance with the following schedule: A. The Mother shall have pJimary physical custody of Austin, with the Father having liheral periods of paliial custody as alTanged by agreement between the parties. B. During alternating weeks, the Mother shall have custody of .Justin fi'om Monday at 5:00 pm for six consecutive days thmugh the following Sunday at 5:00 pm, and the Father shall have custody ofJustin from Sunday at 5:00 pm for eight consecutive days thmugh Monday at 5:00pm. 9. The parties shall share or altemate having custody of the Children over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, v...hich shall run from Cl1Jistmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 1 2:00 noon. The Mother shall have custody ofrhe Children during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Children dUling Segment A in evennllmbered years and during Segment B in odd numbered years. B. ALTERNATING HOLIDAYS: The holiday custody period on alternating holidays shall run ii'om 9:00 am until 7:00 pm. In odd numbered years, the Father shall have custody ofthe children on Easter, Ju])' 4th and ThanksO"ivinO" and the Mother shall have " " custody on MeI110Jial Day and Labor Day. In even numbered years, the Mother shall have custody of the Children on Easter, July 4th and Thanksgiving, and the Father shall have custody on MemOJial Day and Labor Day. '';!j . . , C. MOTHER'S DAY IFATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children on Father's Day from 9:00 am until 7:00 pm. D. The holiday custody schedule shall supercede and take precedence over the regular schedule. 10. Each party shall be entitled to have custody ofthe Children for two noncorisecutive weeks each summer when that paliy is not working. Each paliy shall schedule periods of vacation custody under this provision during his or her regular week of custody, although both paJiies shall be flexible in adjusting the schedule to accommodate travel plans for vacation. I 1. In the event either paJiy is unavailable to provide care for the Children for tlu.ee hours or more during his or her periods of custody, that party shall first contact the other paJiy to offer that paJiy the opportunity to provide the care before contacting third paJiy caJ'egivers. 12. The pruiies shall conmlUnicate directly with each other regarding issues conceming the Children. 13. The paliies agree to cooperate in ensuring that Justin receives the medication prescribed for ADHD on a consistent basis as directed by his physician for a trial period. The pruiies agree to fUliher cooperate in re-evaluating Justin's treatment plan in30 days. 14. Neither paJiy shall do or say anything which may estrange the Children fi'om the other parent, injure the opinion of the Children as to the other parent, or hamper the fi'ee and natural development of the Children's love and respect for the other parent. Both paJiies shall ensure that third paliies having contact with the Children comply with this provision. 15. After completion of the custody evaluation, in the event that the parties are not able to reach an agreement as to all outstanding custody issues at that time, counsel for either paliy may contact the conciliator within sixty days of receipt ofthe evaluator's written recommendations to schedule an additional conference. BY THE COURT, . I~(fe . .'O~ J . 11)",1.Ji.IU ("LV 1. es ey Oler, JI ' /! ,-/1..1 1. cc: Diane G. Radcliff, Esquire - Counsel for Mother Carol J. Lindsay, Esquire - Counsel for Father ,. ;'.,.. ",.' '. i!"! . '."""" " ...... ,...' -,., r; ~~ ,J Li ~ - i ~, '. .,: II. . ~~ J.' ,". '" . :. 'J .--_.,._'}._..__....~ ......[.)1., ~... .;if-V; ( -.. ~- ~~, "_.':';:.:.:-o'-~-' . ._'"-j~__{1.__. ~--;;;:ft:!$--_. ~J .,"" -'" r, . B/-\RBARA..T. WEIBLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS\"L VANIA VS. 01-2099 CIVIL ACTION L"" W P.A UL WEIBLEY Defendant IN CUSTODY Plior .Tudge: J. Wesley Oler,.Tr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following repOIi: -, 1. The pertinent infomlation conceming the Children who are the subjects of this litigation is as folJows: NAME DATE OF BIRTH ClJr,.RENTLY IN CUSTODY OF Austin Pliest Weibley Justin Priest Weibley August 24, 1986 December 20, 1996 Mother Mother ( Father 2. A Conciliation Conference was held onApriI IS, 2003, with the following individuals in attendance: TIle Mother, Barbara .T. Weibley, with her counsel, Diane G. Radcliff. Esquire, and the Father, Paul Weibley, with his counsel, Carol J. Lindsay, Esquire. 3. The paJiies agreed to entry of an Order in the fon11 as attached with the exception of the temporary custody an-angements for Justin which are the recommendations of the conciliator based on the prior Order and the schedule the parties were using at the time of the conference. /~n;J Date / 7. ,.:Jc 0.3 , ,LL~ Dawn S. Sunday, Esqui]~ Custody Conciliator -J~ , "~" ,_~, r -." l ~, . , ~ , - :",.,:[r,lI!l!/l'~ ,.. ~~"-, Exhibit "B" JANUARY 5, 2004 ORDER OF COURT l :'; , 1 c ~" .=, ,> DEe 3 1 2003 'if ;~~ [fiY BARBARA J. WEIBLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA vs. 01-2099 CIVIL ACTION LAW PAUL WEIBLEY Defendant IN CUSTODY ORDER OF COURT AND NOW, this _1) th day of r consideration of the attached Custody Conciliation Report, it is ord ~ , 200/>, upon ed and directed as follows: 1. The prior Orders of this Court dated April 23, 2003 and July 24,2003 shall continue in effect. 2. The parties shall engage in a course of co-parenting counseling with Deborah Salem or other professional selected by agreement. The purpose of the counseling shall be to assist the parties in developing sufficient cooperation and communication to enable them to effectively resolve issues which arise concerrring the Children and the custody situation. The parties shall equally share the cost of counseling which are not covered by insurance up to a maximum of $25.00 per party for each session. In the event each party's co-payment exceeds $25.00 or insurance coverageis exhausted, counsel for either party may contact the conciliator to schedule a telephone conference to address the issue. The parties agree that in the event of future litigation in this custody action, neither party shall be pennitted to present any counselor providing co-parenting counseling under this provision as a witness. The parties shall follow the recommendations of the counselor with regard to the frequency and duration of counseling. 3. The non-custodial parent shall be entitled to contact the Children by telephone at 7:00 pm each day. In the event the Children are not available at that time and the non-custodial parent leaves a telephone message, the custodial parent shall ensure that the Children return the telephone call on the same day or the custodial parent shall return the call to the other parent on the same day explaining the reason for the Children's inability to return the call. _"eo> , ~ _,. ..". _,'" "I -'--""'-'C-"'_ " , '. 4. This Order is entered pursuant to an agreement ofthe parties at a Custody 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. BY THE COURT, lS/j-il~.~ <0) ,,), -j~ J. Wesley Oler, J . J. cc: Diane G. Radcliff, Esquire - Counsel for Mother Carol J. Lindsay, Esquire - Counsel for Father TRUE COpy FR0M RECORD In Tostimony whereof, I Ii rc unto set my hand an e seal of s' d Cour~Carlisle, Pa. .......,.)... . of..--JQ.}j...., :". ;-fT. " ,-^ oj_' , 'I > - ~:,"" ~" I " " BARBARA J. WEffiLEY, Plaintiff IN tHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-2099 CNIL ACTION LAW PAUL WEffiLEY Defendant IN CUSTODY Prior Judge: 1. Wesley Oler, Jr. 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Austin Priest Weibley Justin Priest Weib1ey August 24, 1986 December 20,1996 Mother Mother / Father 2. A Conciliation Conference was held on December 22, 2003, with the following individuals in attendance: The Mother, Barbara J. Weibley, with her counsel, Diane G. Radcliff, Esquire, and the Father, Paul Weibley, with his counsel, Carol J. Lindsay, Esquire. 3. It was agreed at the conference that the conciliator would await further advice from the Mother's counsel on the issue of co-parenting counseling. The conciliator was subsequently advised of the Mother's agreement to the counseling and the parties agree to entry of an Order in the form as attached. It should be noted that the parties are currently completing a custody evaluation by Arnold Sheinvold, PhD. In the event the parties are unable to resolve the issues raised by the Mother's Petition for Emergency Relief and other concerns raised at the conference through the co-parenting counseling, it was agreed that these issues would be later resolved as part of the overall custody determination. DgS;d1:~ Custody Conciliator D.ta.w.Ju /l ,10 J-OA. '? I Date ;'" , _, ','e, ~'," --. _, ,. <-~," " -, I,T'~, ",.". , " -, ,~, -.,. "-" " Exhibit "C" JANUARY 28, 2004 LETTER TO CUSTODY CONCILIATOR , ,.,~! , '';~ .'" I ~L . . i''lZ DIANE G. RADCLIFF, ESQUIRE Attorney at Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 January 28, 2004 Dawn S. Sunday, Esquire 39 W. Main Street Mechanicsburg, P A 17055 Re: Barbara J. Weibley v. Paul Weibley Cumberland County Custody Action #01-2099 Dear Dawn: On January 5, 2004, the enclosed order was entered in the above referenced case requiring the parties to attend co-parenting counseling with Deb Salem or such other counselor as may be selected by agreement of the parties. This order further provided that if the costs of each parties' co-payments exceeds $25.00, that either party can request a telephone conference to address the issue. At the time of the conference the parties agreed to this provision based on their assumption that father's insurance would cover the majority of the costs of that counseling. Attorney Lindsay has, however, recently informed me that Paul Weibley's insurance will not cover any ofthe costs ofthe co-parenting counseling and as a result the costs will greatly exceed the $25.00 limitation. Because Barbara Weibley is paying for the entire custody evaluation costs, with no contribution from Paul W eibley, she simply cannot afford to make an additional contribution towards counseling. Further, she is doubtful that such counseling will be of any benefit since she has been unable to exercise her telephone contact rights set forth in Paragraph 3 of the enclosed order. She, therefore, is requesting that the requirement to attend co-parenting counseling be deleted from the order. This position then leads us to the next issue of what to do with her contempt Petition that was the underlying basis of this order. I have been advised that Dr. Shienvold has completed his evaluation and that a report should be issued in the next few weeks. If an agreement is not reached as the result of that report, I would like the hearing on our Petition scheduled for the same time as the hearing on the underlying custody case rather than have a separate hearing. On the other hand, if an agreement is reached, the issues in the last Petition may well be moot. ' . " ~F , , 'ToIP'f,,_o Page 2 Dawn S. Sunday, Esquire January 28, 2004 I am willing to have a conference call to discuss the issues raised in this letter should you so desire. I will, therefore, await your further instructions and directions. DGR/dr Enc1osure(s): 1/5/04 Order cc: Carol Lindsay, Esquire Barbara Weibley File IO-03-CS TRANSMITTED BY MAIL " .--' 'f ~ ' Very truly yours, DIANE G. RADCLIFF, ESQUIRE ~ '1~""'\~, . CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on ..s. ~ buu "c:JCPI; I served the within Answer and Counterclaim to Petition for Modification this day by depositing the same in the United States Mail, First Class, Postage Prepaid, in Camp Hill, Pennsylvania, addressed to: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 ~{ G. RA L1FF, ESQUIRE In leRo d 7011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff, Barbara J. Weibley 7 1" ., ~~\\ ~~ I I ~I, ",., _" ,. ,~,' '''~ -- ~ ~".- ~ ~~'W~" ~~>O ~i-f-; {/ !:;::.:'- l;.: (") ..._ i-'I '>'C': ~ -( () f; ....., C=' 0:::';1 ..,- (..,., 0" V I N o <l --< -'-'1 rl1p -om -oCJ 01. :::1~~ _I.. __,~ ~)c) ?')'''m =-1 ,~ :iJ -< -0 ::I;: (..J Cl -.J. ,-- '" . ~"', , ~ ~,.!U!lfll!R." ~~ ,",~,~~roj,;m~~_~r1ilifl'~~"I~~~~~",,! "!~'~~'+' ~':"'5'\,~~ .,r ~ .. BARBARA J. WEIBLEY Plaintiff RECEIVED APR 13 20051' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , vs. 01-Z099 CIVIL ACTION LAW PAUL WEIBLEY Defendant IN CUSTODY ORDER OF COURT AND NOW, this .,. U. day of .a c . : ( , ZOOS, consideration of the attache~onciliation Report, it i~red and directed as follows: upon 1. A hearing is scheduled in Courtroom No. I ofth~~umberland County Courthouse on the /5 d day of 9tuv./ , ZOOS:at ~~li1i~e' testimony will be taken. For purposes of the hearing the Father, Paul Weibley, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least 10 days prior to the hearing date. Z. Pending the hearing and further Order of Court or agreement of the parties, the prior Order of this Court dated January 5, Z004 shall continue in effect. BY THE COURT, cc:v6iane G. Radcliff, Esquire - Counsel for Mother vCarol J. Lindsay, Esquire - Counsel for Father" ~~ I./-,;//) ~cJff ;t<!.... I~... ""'! ''t"'f'; "~_,p- ,~ ,-- p-, " ',",~~ ''W'"'''"-''' "'--<~"",",--,"',--: " r",,-' ,_" " , I~ ,- ~, M"" ~_,. .~" . V1N\i''/\l,.'/3\ !"~~~}9" I" 1"'IYI:'-",V\iI () /\J..l",fi'u'" ' L2 :2 \old 1211dV SUUl --'---""0'" :JHI :10 Abl\flUi\;VCi..L CCi ...1 - 3JH30-C1311:l ~! '-if' ~. ~<. ~~.~I~".",.,.,...., ~~",,~~~~~~.~~I~lIIJi~~~~~~ .... 'I .. BARBARA J. WEIBLEY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-2099 CIVIL ACTION LAW PAUL WElliLEY Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr. 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Justin Priest Weibley December 20,1996 MotherlFather 2. A conciliation conference was held on September 14, 2004, with the following individuals in attendance: The Mother, Barbara J. Weibley, with her counsel, Diane G. Radcliff, Esquire, and the Father, Paul Weibley, with his counsel, Carol J. Lindsay, Esquire. 3. This Court previously entered Orders in this matter on April 23, 2003, July 24, 2003 and January 5,2004 under which the parties shared having physical custody of the Child on an alternating weekly basis. After entry of the last Order, the parties had a custody evaluation performed by Arnold Shienvold, Ph.D. at the Mother's request. The Father filed this Petition for Modification seeking primary physical custody of the Child. 4. One of Dr. Shienvold's recommendations in his February 20,2004 report was that the parties participate in co-parenting counseling. This was discussed at the September 2004 conciliation conference and it was agreed that the parties would investigate the costs and availability of insurance coverage for counseling and counsel would notify the conciliator as to whether the parties would work on the custody issues in counseling for a period of at least three months or whether this matter should be scheduled for hearing. This matter was placed on hold and no further action was taken by the conciliator until receipt of an inquiry by the Court Administrator's Office at which time there were discussions with counsel through March 2005. It was determined from these conversations with ~'5p" ,!' , "--' '-:=-,~, ,,' . --. "',.'"",~". -<"-"' ,-' -~,--", " -,~ _ """ 0 " " .. ... counsel that the parties had never been able to agree on the selection of a co-parenting counselor or arrangements for payment of the costs. 5. At this point, the Father's counsel has requested that this matter be scheduled for hearing to address the Father's request for primary physical custody of the Child. 6. The Father's position on custody is as follows (as of the September 2004 conciliation conference): The Father believes it would be in the Child's best interest to reside primarily with him. The Father believes that the custody schedule has become a control issue for the Mother, whom the Father feels has anger management problems. The Father expressed concern that the Mother does not cooperate with the Child's treatment for ADHD or with the Child's weight management program. The Father believes that the Child is more comfortable at his home and denies that there are major conflicts between the Child and the Father's wife. 7. The Mother's position on custody is as follows (as of the September 2004 conciliation conference): The Mother believes it would be in the Child's best interest to reside primarily with her. The Mother stated that she does administer the appropriate medication to the Child for ADHD and has followed the portion control guidelines set by the Child's nutritionist. The Mother feels she has done everything that she has promised to do and that the Father is creating concerns because he simply wants to have primary custody. The Mother indicated that the Child would be more comfortable in her care as she feels the Father is intimidating and the Father's wife is domineering with the Child. 8. An Order is recommended in the form as attached scheduling a hearing. It is expected that the hearing will require at least one-half to one full day. 4p;' / Date II, ~D{')5 ( rU~~.. ,~~ Dawn S. Sunday, Esquire Custody Conciliator \ii!fi"1 '~"'''_' '~":'_~, ~"'f' ",","" I""'"' '" ^? '1 , ~~, ". I v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW BARBARA J. WEIBLEY, : Plaintiff PAUL WEIBLEY, Defendant NO. 01-2099 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of June, 2005, upon consideration ofthe attached letters from Carol 1. Lindsay, Esq., attorney for Defendant and from Karl E. Rominger, Esq., attorney for Plaintiff, the hearing previously scheduled in this matter for June 15, 2005, is rescheduled for Thursday, August 18, 2005, at 1:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, "Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ~ ~arol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendant () & ~ /.5' Q.5 :rc , ,~" .."- __~'-~_O:l!"" "}'.~"")^" "",',,,", d,,, c- ","'-_~_ ,"-._, -"," _ 't' I -'," ; ,'- , 0.,"'0' -'-"'";' - ,'1",' " ,. , I i I I, 1:00 , ~- ,,~. >',' , _'.'b., ~ ",,'.- ~'"- ~ -," ~ -.>-- -~i'~ -,~,. '~" <", ",,0".",' ,'"","-' ,"".~ >~,,",'"- \iJf\J"'''''iln: I'" )1 .' " 1//\ V,\li\.,,,I-J,..! \_I.f\!nC;(~ C.-'. "~,~'>O":-,':"i':;)r-7'?11(1" - , '1 ~, II-I hI' '0' [1\1 ,.~. I ", ~ S I IInr gDOZ ;\i::1\1l0NOH10tld 3Hl dO 3J!:J:!O-G311:1 .~.. n.. "",,-, \ ""_,~", ~~~.~.Jrj:lf,l'"'!,""","""' ""_}__"~~~~~! - ~l~J!I"'I\WI!~~lq\!;t~ 05/08/2005 17:00 "r 71 72435510 SAIDIS SHUFF FLOWER PAGE 02/03 I LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFl!SSmNAL CORPORATION 26 WEST HIGH STREET CARLISLE. PENNSVL VANIA 17013 TELEPHONE: (717) 243-622:2 - FACSIMILE: (717) 243-6486 EMAIL: atlorney.iilssfl-Iaw.com www.ssfl-law.com CAMP HILl,.9HlfE, LillY MAI-<I<...tjl t1'I.l-:cl::.l' CAMP HILL, PA 17(m TELEI'HONll, (71')7~' ,,"IIlS FACSIMH..P.: (717)737.3407 JOHN 1;;. SelKE ROBllRT c. SAIDlS GEOFFREY S.$HUFF JAMES D. "tOWEl'.. JR CAROLj. LINDSAY BRIAN C. CAFFREY GI:!ORGE F. DOUGLAS, III MATTI.JEW j. ESHELMANt TT-iOMA51i.1'LCI\"I1il\ jACLYNSMITH i'I'JMrrI(:llnlr.edCl'l..'dll"'(~' ltiShut KCIII'I!;l;.mllllu,," REPLY TO CARLISLE June 2, 2005 VIA FACSIMILE 240-6462 Th~ Hunur.lIJle Judge Wesley Oler, Jr. One Courthouse Square Carlisle, PA 17013-3387 RE: Weibley v. Weibley No. 01.2099 in Custody Dear Judge Oler: I 'represent Paul Weibley and Barbara Weibley is represented by Karl Rominger, El:Iquir~. A hearing is scheduled for my client's petition for modification of the custody order for Wednesday, June 15, 2005. I am asking for a continuance of the custod)' hearing until the end of the summer in August or early September. I understand that Mr. Rominger's client is in opposition to a Gontinuance but that Mr. Rominger will be In touch with your office upon receipt of a copy of this letter. He should receive a o:>py of it by fax today. Thank you for considering this request. I enclose a proposec order. Very truly yours, CI.J;ap Enclosure (Order) Co: Paul Weibley Karl Romlngor }\"<!'~" ,. . ;~~," 4 .~ , I ,~ "f I' . ROMINGER,BA YLEY&WHARE A tt 0 t n e y sat L aw Karl E. Rominger Mark F. Bayley Michael J. Whare James 1. Nelson Michael O. Palermo, Jr June 14,2005 Honorable JudgeWesleyJ. Oler Cumberland County Courthouse One Courthouse . Square . Carlisle, P A 17013 Via FirstClilss and Fax# 240-6462 RE; Weibley v. Weibley Custody No. 01-2099 Dear Judge Oler, I am in receipt of Carol Lindsay's request for a continuance. I have discussed this with my client and we have agreed to the entry ofa continuance for a reasonable period of time. Sincerely, . ~. Karl E; Rominger,Esquire KERlbab 155 South Hanover Street, Carlisle, Pennsylvania 17013 'Tel: (717) 24.1-6070. Fax: (717) 241-6878 www.rbrningerlaw.com ADVOCACY . ADVICE . ANSWERS ':,,,, ^. ." 1",,_' H, CO"',," ,~,,,,.. i" 1_~-1; ,'-,"~, ",~'I ~""'.-' . ,," ,____, . . >>" .. ..11/II BARBARA J. WEIBLEY, : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANrA v. CIVIL ACTION - LAW PAUL WEIBLEY, Defendant NO. 01-2099 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of August, 2005, upon consideration of the attached letters from Karl E. Rominger, Esq., attorney for Plaintiff, and Jennifer L. Spears, Esq., attorney for Defendant, the hearing previously scheduled in this matter for August 18, 2005, is continued generally. Counsel are directed to notify the court if they desire a hearing in this matter. BY THE COURT, r l , I r-. [-: [; i t, I I I , l f , r, ~. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ~er L. Spears, Esq. . 10 East High Street Carlisle, PA 17013 Attorney for Defendant > f< Ocg-IQ -0.5 i. :rc . <'" ^~r"'''''__"''''',e_",w__,<", ,_-",0"." '___'" . "", ,I . W',~,"h, ,_,'~~",' . ""'~ ,'" . -, ",~,~ ",-, ~" ~ .- .. ~ -,-,- ~'" ".,.<.,' 4_~'~ ~ ~ ~~ ' "".'",'___,_,~ .-~,"~ IlIlIlm liilfr J " ''''hi,~,i::\~\ " . ":"\ \ '-."'\ ~~, "'l. -' ~.. ' \ ("'.1'"\ \-;j\\>..,~~!I\,'!\-: ,-..-~j:;,..;::f'\'l \.J ,,':".t\ (:..,-'i .-' -' ~,\\\;".k) - 1 ~ \ ~\\'<j ~~~t S"':~ \o,d :10 \'QI\63'r\\. ",,\',I\O\,\O~\tA '0::1""\\:\ 1"-'-"- ?[J1:o;Jv"-'" '~", <" ,-.,., . ",,-" ",~~ _.. ,.~ ~,,,''''''''''_'''~',-'''' _." ,~~'1'1'~~',~.l1~~~'~!f~,.~~ _:iU;_;~~~_~' ,,,,, "~'" "'",.-.," ~", -- .,,'-~,',- ,~",:",^",.<",~~,,,_.,.".";r'('" ., '",-~.~--'-' ,,'f,':',-'<7'" ' "-'~~,~,"f'~1';,~;;""~':'" ",~.<',' :c'_~"" "'~~,>>:""l'";,:(,~,",,,,,,,,":;;,""" ,> >'~'-,"v.,:" !'" '.;';'- ..,.~::>;","'''''''''''', ,.-.,'<'"" ,~ ""';':-'!""'y~t'-",""",-,,,, .'t'"'''''' " }', '''\ ""~1';~'C"':; '" MDW&:6 INFORMATION' ADVICE' ADVOCACY ' ATtoRNEYS ,,& COUNSELLORS AT LA-W TELEPHONE FACSIMILE INTERNET (717) 243-3341 (717) 243-1850 www.mdwo.com WILLIAM F. MARtSON' JOHN B. FOWLER III DANIEL K., DEARDORFF THOMAs J WILlJAMS' IVD V. Orro 1lI GEORGE B:FALLERJR.* CARL C. RISCH D,WID A. FITZSIMONS DAVI!>R: GaLLOWAY CHRISTOPoHER E. RICE JENNIFBR L. SPEARS HILLARY A. DEAN '10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 "'BOARD 'CERTWIED' CML TRw.. SPEGAL,iST August 15, Z005 The Honorable J.' WesleyOler, Jr. Cunrberlilnd CO)lllty ColUihbuse Hanover and High Streets Carlisle, PA 17013 RE: Barbara J. Weibley v: Paul Weibley No. 01-Z099 -CurriberlandCounty C.C.P; . Our File No. 11188.Z Dear Judge Oler: This will ~onfirm that the Defendan,t,Paul ,.Weibley;, concurs, with.' Pl11intiff s request 'for a general continuance of the custody trial scheduled in the above matterfofThursday, August18, Z005, at 1:3,0 p.m, Very truly yours, JLS/tde cc: Karl Rominger, Esquire F: \FILES\DA T AF1LE\Geriera1\Cur,ent\ 11188_2.jo] ~oa, Ll Dnv I N FOR MAT 1'0 N . A D V ICE . A D V 0 CA C Y 8M ";--'-4~~',\'=~ry;-"P~f.-"(T-:"l-om'E'~$",,_~>;!'!Owr~"'~~"")"""^"~_~'r~~""-"_ ~ , ''', T" ,"=-'~" _"Cd_,,">_ "",_""''''~'_""r ~"'ifT"'~'~'~'''"-!1''l''-''-'-=''''~~_'H '-~" . . . -- - ,,~ ,,..,", -. ROMINGER,BAYLEY&WHARE Attorneys at Law Karl E. RomiI).ger Mark F. Bayley Michael). Whare James!: Nelson Michael O. Palermo; Jr August 15,2005 HonorableJ. Wesley Oler Cumberland County Co!lrthouse One Co!lrthouse Square Carlisle, Pellllsylvania 17013 RE: Weibleyv.Weibley 01-2099 Dear Judge Oler: There is currently a hearing scheduled for August 18, 2005, at 1:30 p.m. in the above captioned matter. It is my understanding that the Defendant has retained new counsel Jennifer LSpears,. Esquire. I have spoken with heraboutthis case. and. we have agreed to remove it to the call of either party at this time. . If you have any questions about this request do not hesitate to contact me. It is my understartding that Attorney Spears will, under separate cover, iridicate. her concurrence in this mutual request. Sincerely, / Karl.E. Rominger, Esquire KERltlp cc: Jennifer 1. Spears, Esquire 1.55 South Hanover Street, CarLisle, Pennsylvania 17013 . Tel: ('717) 241.-6070 . Fax: (717) 241-6878 www.romingerLaw.com . . ADVOCACY . ADVICE . ANSWERS '>I~', " , '. ,'," " , ~, 4f1c /6' . <170$ ~ BARBARA 1. WEIBLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA v. PAUL WEIBLEY, Defendant : CIVIL ACTION - LAW : NO. 01-2099 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR COURT-ORDERED PARTICIPATION IN CUSTODY EVALUATION BEFORE OLER, J. ORDER OF COURT AND NOW, this 18th day of July, after consideration of Defendant's Petition for Court-Ordered Participation in Custody Evaluation and Plaintiff's Answer thereto, Defendant's Petition to order and direct Plaintiff to participate in a custody evaluation with Arnold T. Shienvold, Ph.D., of Riegler Shienvold & Associates is granted, provided, that Defendant/Petitioner pay for the full cost of the re-evaluation. BY THE COURT, vlarl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ,te'nnifer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendant :v ~O ~\ t) 're. . '" -,-,"' '""""'_"'~-~__",'. .'~",. ,~,,,.~m,w',;_"","',"_'A, ~, _," "..,. . - .. ~ ~ " r I 1 'i ",-I .', -I' :,(" u 5 IF- . tJ?L-- !ll<'15~.l, " , , ~". - ~",^" -~ . ""i,~_'i:'\'7~ ,-~.L~ ="'" ' V""~e""~__"" }~:!'l '- "-""-' ~~ .' ,!,'~~ ~ RECEIVED JUL 102006 i BARBARA 1. WEffiLEY, Plaintiffi'Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01 -2099 - CNIL ACTION LAW PAUL WEffiLEY, DefendantJPetitioner IN CUSTODY ORDER AND NOW, this , after consideration of Defendant' s Petition for day of Court -Ordered Participation in Custody Evaluation and Plaintiff's Answer thereto, Defendant's Petition is GRANTED and Plaintiffis ORDERED and DIRECTED to participate in a custody evaluation with Arnold T. Shienvold, Ph.D., ofRiegler Shienvold & Associates, and schedule an appointment therewith within 30 days. Plaintiff is further ORDERED to pay for one-third of the cost ofthe evaluation, up to $1,500.00. BY THE COURT, 1. Wesley Oler, Jr., 1. cc: Attorney for DefendantJPetitioner: Attorney for Plaintiff /Respondent: Jennifer 1.. Spears, Esquire Karl Rominger, Esquire 1--; ,,' , " 1 I-~ """,,,. " F:\FILES\DATAFILE\Genera1\Current\11188.2.ruleabsolute Created: 5/23/06 1l:42AM Revised: 717106 0:15PM Jennifer 1.. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for DefendantlPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA J. WEillLEY, PlaintifflRespondent v. NO. 01-2099 - CNIL ACTION LAW PAUL WEillLEY, DefendantlPetitioner IN CUSTODY PETITION TO MAKE RULE ABSOLUTE AND NOW, comes DefendantlPetitioner, Paul E. Weibley, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and avers as follows: 1. Petitioner filed a Petition for Court-Ordered Participation in Custody Evaluation on May 24, 2006. 2. A Rule was issued on May 26, 2006. 3. Respondent filed an Answer on June 15, 2006, which raised no disputed issues of material fact, and wherein Respondent indicated she is not opposed to and would willinglyparticipate in an updated report. 4. To date, Respondent has still not made an appointment with Dr. Shienvold and it is apparent she is waiting for a court order to do so. ':;~! , "'.', . , ~t I ":- . ..,..,.,.,' ~ , WHEREFORE, Respondent requests this Honorable Court to decide the Petition for Court- Ordered Participation in Custody Evaluation on the Petition and Answer and order and direct Mother to participate in anew, updated custody evaluation with Amold T. Shienvold, Ph.D., of Riegler Shienvold & Associates, and allocate a portion ofthe expenses of said evaluation to Mother. MARTSON DEARDORFF WILLIAMS & OTTO Date: July 7,2006 By Je 10 East igh Street Carlisle, P A 17013 (717) 243-3341 Attorneys for DefendantlPetitioner ;c~ ' , ~ ~_-,T, ~_''''''''"',~ _, ~ ~_" ,or ,~, -,1 , " '1" ,. CERTIFICATE OF SERVICE 1, TriciaD. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Petition to Make Rille Absolute was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Karl Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 MARTS ON DEARDORFF WILLIAMS & OTTO ricia D. Eckemoad en East High Street Carlisle, P A 17013 (717) 243-3341 Dated: July 7,2006 'Y'1"'" 'C;' ,,,' , ~ ~' ~r'" , , !' '1 - ~r 1'~, "~'" , ,'~'''~'''' ~"" ,~" ~ "~',~--> ' -~" " '"%,,~,- ".~," ,~, "~, ~",~' ,- .~. ("-; {-.'::: - '" c.::> <;;.-;; c, ~ o -n -1 -_1~_ n'l'~' I ~ -_J P<l c:: _,.~ _ ~". ~-'r":' ,~, 'JI,.[IJIII!I~'IPII;I~__~~.~.$~j!l.\1"~W~Ii!I~'Wf'-"Im>'''~H~~~f~<lffi?~''lem~1fu~rm~li1~f~\f,li~l!~ ~ ..... BARBARA J. WEIBLEY, Plaintiff : IN TfU; COURT OF COMMON PLEAS OF : CUMBERLANDCOUNTY,:PENNSYLV ANIA v. : 01-2099 CIVIL ACTION LAW PAUL WEIBLEY, Defendant : IN CUSTODY PL.MNTIFFIRESPONDENT'S. ANSWERTO.DEFEN'DAN1'IPEllTIONER'S RlJLE1'OSHOwcAuSE AND NOW, comes PlaintifflRespondertt Barbara J. Weibley by and through privately ~, - ,- . retained counsel, Karl E. Rominger, Esquire andanswersthe Ruleto Show CaUSe as follows.: 1. A previous expert's report was inIact prepared. 2. In fact Plaintiff/Respondentbore the entire cost of . the same. 3. Plaintiff/Respondent is opposed to incurring anY additional cost otparticipating in any additional counseling which would costherany additioilal. f).rnds. 4. Plaintiff/Respondent is not opposed to participating and will willingly particip,ate in anupdated report if it is paid for by Defendant/Petitioner, PaulWeibley. WHEREFORE, Plaintiff/Respondent respectfully requests that this Honorable Court deny the request or in the alternative order that DefendantlPetitioner, Paul Weibley be solely responsible for the expenses of any update. Date: June 15,2006 Respectfully. submitted, ROMINGER & WHARE .-7 ~arl E.Romi~ger, Esquire 155 South Hanover Street Carlisle, P A 17013 . (717) 241-6070 Supreme Court ID # 81924 . Attomeyfor Plaintiff/Respondent '" ~~:' "'I " ,'<< ,- t ~'-." F Y ,,-., -1 ' "" .- t BARRARA J.. WEIBLEY, Plaintiff . v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-2099 CIVIL ACTION LAW PAUL WEIBLEY, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff/Respondent, do hereby certify that I this day served a copy of the Plaintiff/Respondent's Answer to Defendant/Petitioner's Rule to Show Cause upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jennifer L. Spears, Esquire MARTSON DEARDORF WILLIAMS & OTTO 10E. High Street Carlisle, Pennsylvania 17013 Dated: June 15,2006 Respectfully submitted, ROMINGER & WHARE -7'f ~arl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff/Respondent ~- . t!T! ....... ,., ~~"'fIf!I ~_ IJiI ,~_ -"~~.u ..m ._ r~" -- ~. ., ='"~ f (") ,,, ,-' C:J ~.= = -n <.:;;"'. ~ .-1 :c -n ""- jTj r= - ~o ;!, U1 ." J C? --' r.~J :-',~.f ?,. .. , -.- .,~;. C) ;_:-; r-n ~=::t _. ~>' -'i c<~ :D -, 0', -< ~ ~.~~if<l~~~~'\\"'J~!~~MI~D:~_~~~f"~~~~~ , BARBARA J, WEIBLEY, PlaintifflRespondent MAY 2 :I 2006 /J VI' IN THE COURT OF COMMON PLEAS OF I' CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 01-2099 - CIVIL ACTION LAW PAUL WEIBLEY, DefendantlPetitioner IN CUSTODY RULE TO SHOW CAUSE AND NOW, this z(, II day of May, 2006, upon consideration of Defendant' s Petition for . Court Ordered Participation in Custody Evaluation, a Rule is h~rebyissued upon Plaintiffi'Respondent to show cause, if any there be, why the relief prayed for in the Petition should not be granted. Rule returnable 2Q.. days after service. BY THE COURT, l cc: Attorney for DefendantlPetitioner: kufer L. Spears, Esquire Attorney for PlaintifflRespondent: .Aarl Rominger, Esquire .0 rjJ.0P >iljJj;_J. ->-~ . ~ ~. ,; frJl ..... ~.~: ~/ir'-,;\i", A! ~H\'~~)':'J<' SS : II ~IV ~,~,- \:j~\'~'\': J::Jd -;"-"".'f!lr.l""\ In:->-rr Iv OS A1IiJ 900Z AU'r/'O" '( ',' 'I ,','" 4L1l . , ;q jl-'-" ' -,'.'t) ~ ..... I' ~ '~'.V....h ...Jj 1 "1~1 , ,,~ a-'ll' .:J.JC;.::~I".J-., :J 0 :10 ,-. - ~ '" '.=." - ,~~ "~ -, ,- ",,-,-, ~',--"-' , -. ,~ ~"._,- < -... .....- ,JJ"i1I!11!~l\""~~"!"_'i!l';~!!!i~~~~~oJl...,..,4_,;i._.,l~!W'A!o/lW."","~f'lfl,W",,<""'*"~-"i'~~1~Il<lWj.~l{i~;r,q;!!l'(;lfi\lll,nl!J,"'i!t,10\I""f!l'i~'>I~~~'f'~~iI["~'iffl,~' 4 f:\FILES\DA T AFILE\General\Current\11188_Z_custevalpet Created: 5123/06 1l:42AM Revised: 5/23/06 3:56PM Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO J.D. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant/Petitioner BARBARA J. WEIBLEY, PlaintifflRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2099 - CIVIL ACTION LAW PAUL WEIBLEY, DefendantlPetitioner IN CUSTODY PETITION FOR COURT ORDERED PARTICIPATION IN CUSTODY EVALUATION AND NOW, comes DefendantlPetitioner, Paul E. Weibley, by and through his attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and avers as follows: I. Petitioner is Paul E. Weibley, the father in this custody matter. 2. Respondent is Barbara Weibley, the mother in this custody matter. 3. Father enjoys primary physical custody ofthe child pursuant to an Order of Court dated April 23, 2003, and all subsequent Orders, 4, Mother enjoys substantial periods of partial custody, having six (6) overnights in a two week period, from Monday evening to Sunday evening every other week. 5, At Mother's request, the parties participated in an evaluation with Arnold T. Shienvold, Ph,D., in 2003, and now Father desires an updated evaluation, 6, Father believes Mother is failing to contribute to the child's health and well-being by firing all the doctors and therapists the child has regularly seen over the past three years, 7, The child, a nine year old boy, weighs approximately 200 pounds and Motherrefuses to follow through with recommended medical treatments relating to his health and diagnosis of ADD, ''WI, ~., ~ ~ 1< " I 8. Father does not believe Mother is regularly helping the child with his learning difficulties, nor is she letting him participate in sporting activities which could aid in weight management and boost the child's self-esteem. 9. Father believes an evaluation should be performed by Dr. Shienvold on the family to evaluate the custody schedule and the effects the differences in parenting styles are having on the child in order to make a recommendation for a change in the physical custody schedule ifit were in the child's best interest. 10. Father believes that a hearing before this Court on the issue of physical custody may be inevitable, but a full evaluation and report could assist both the parties and the Court in determining what is best for the child, II. Circumstances have changed since 2003 and Mother is now engaged and living with her fiance, who did not participate in the original evaluation by Dr, Shienvold. 12. To date, Mother has refused to participate in the reevaluation despite Father's offer to pay for it. 13. Fatherrequests this Honorable Court order and direct Mother to participate with the new evaluation by Dr. Shienvold, 14. Father additionally requests that Mother be financially responsible for a portion of the reevaluation so that she takes it seriously. WHEREFORE, Fatherrequests this Honorable Court to order and direct Mother to participate in anew, updated custody evaluation with Arnold T. Shienvold, Ph.D" of Riegler Shienvold & Associates, and allocate a portion ofthe expenses of said evaluation to Mother. MARTS ON DEARDORFF WILLIAMS & OTTO By J ertn e L. Spears, Esquire 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date:S/ ~ )(()~ Attorneys for DefendantlPetitioner '-, ,-_.'~ - " ,. ~, I -"]' ,! T .,.. VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Petition and to the extent that the document is based upon information whichl have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subjectto the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities, which provides that ifImake knowingly false avennents, I may be subject to criminal penalties, ~~Q ~~ Paul Weibley <3--, F:\FlLES\DA TAFILE\GeneralICurrent\ 11188.2.custevalpet ;5', rr~ "",'~' .', 7'"" , -" ~.n r"' ' '1",..- . I. ., CERTIFICATE OF SERVICE I, TriciaD. Eckenroad, anauthorized agent for Martson Deardorff Williams & Otto, herebycertiiy that a copy of the foregoing Petition for Court Ordered Participation in Custody Evaluation was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Karl Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 MARTS ON DEARDORFF WILLIAMS & OTTO ~fj~ Ten East High Street Carlisle,PA 17013 (717) 243-3341 Dated: fY)o;dt o/(J'(V '-'-"-' ,- " :""'~"l I - ~" ., " '.~~ ~ ~' .. ,"' " ~'" -",^,,"-'~>~ ""' .,....."""'",. ~:,' ~ c' ^-',~, -"'-,j",,,,,, ~).',-~i'i,"'^" ,','oH- ~;1I'Jlllrf-"'" jif'--~f"<riT'[u1i'-~- "'TtLij;'"r1~"'f-! , . . . ,<, 0 () = c:- c? -11 d' --1 .-," :T:-n HI] ( -,~ fl ::~ -nIp P,.'. ~~~~ [' .., .;cl~ , :':'C-,--, ~ \._)-;::.::;, .'~',~ .,,-~ '-- , -.." ~~r" ('5 :::., -", <.0 ,-- '< ..''-,. G,' #€ WL '.iJIllIllU!l1~ ", ~ "..,~JJ._[_." " .ll!!"li~iil!'\",_ _ ~il ~_,. _"..rfJ~.M'I'",m~~~),"~" .r,"' "~_"'0","':".-''''!i'','_F~,,-^_,,,,(,;_,,,,,;;,,t']~'-*_1''-'l~W,~'''-''''1j;~I;,r;'i1i0lil!f'fH\-""1iIT"'1tt,F",1mt>'ffi'I'-lfqlll!W@~~;tl~;l:%'il'-'