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HomeMy WebLinkAbout03-2679KELLY S. FICKETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. : NO. 03-" 79 CIVIL TERM MATTHEW M. WEEDEN, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff KELLY S. FICKETT is an adult individual who resides at 1451 Olde Oak Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant MATTHEW M. WEEDEN is an adult individual who resides at 1094 South York Road, Dillsburg, York County, Pennsylvania 17019. 3. Plaintiff seeks primary physical custody of the following child: Caitlynn Rose Weeden born February 13, 1998. 4. The child was not born out of wedlock. 5. During the past three years, the child has resided with the parties hereto on an WAYNE F. SHADE alternating week shared custody basis. Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 11 6. The relationship of Plaintiff to the child is that of the biological mother, and she currently resides with her husband, Jason E. Fickett. 7. The relationship of Defendant to the child is that of the biological father, and he currently resides alone. The father of the child is divorced from the mother of the child. 8. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other Court with the exception of the proceedings at No. 2000-SU-01856-03 in the Court of Common Pleas of York County, Pennsylvania, which were not pursued beyond the interim Order of May 5, 2000, after conciliation, a copy of which Order is attached hereto and incorporated herein by reference as though fully set forth. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth with the exception of the aforesaid proceedings in York County. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- 10. Plaintiff avers that Cumberland County is the appropriate venue for determination of custody of the child because the residence of the mother of the child in Cumberland County offers more stability for the child for the following reasons: (a) The mother of the child is remarried, and has a complete family unit in her home with the support of her spouse in rearing the child; (b) The mother and her husband are both employed, but the mother works only on weekends as a nurse; (c) The mother and her husband live in a home which they own; (d) The father is a full-time student who is not employed; (e) The father lives in rented housing which will be more likely to change upon the completion of his studies; (f) The child has reached school age, and it is necessary to select a school for her to attend; (g) The mother has enrolled the child in the Hampden Elementary School in the Cumberland Valley School District in Cumberland County; (h) The residences of both parties are closer to the Cumberland County WAYNE F. SHADE II Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -ourthouse than to the York County Courthouse; (i) The offices of present counsel for the mother and the counsel for the father in he York County proceedings are in Cumberland County; and -3- 0) The parties have not observed the provisions of the York County agreed Order because they modified that agreement to alternate week shared custody more than two years ago. 11. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 12, The best interests and general welfare of the child will be served by granting the relief requested for the reasons set forth in ¶10 above. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests a grant of primary physical custody with respect to the child. Wayne Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff -4- I verify that the statements made in this pleading 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: June 6, 2003 Kelly S. i kett WAYNE F. SHADE Attorney at Law 53 West Pomfret Street, Carlisle, Pennsylvania 17013 U0105100 FRI 14;20 FAY 87714029 "LASKY CAROLYN MATTHEW M. WEEDEN vs. KELLY S. WEEDEN APPEARANCES: Austin F. Grogan Esquire For the Father Carolyn S. Lasky Esquire For the Mother Matthew M. Weeden and Kelly S. Q a( IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA NO.2000-SU-01856-03 CIVIL. ACTION - LAW CUSTODY r .rc. ti ORDER_ o -'Tn n CJT Jti J b w` Weeden are the parems of Caitl I4 February 13, 1998. They lived together with this child in York Coun Yntt R. Woman' born o 2000, when they finally Separated. They had a prior separation as well. The matter came before the Court on Matthew M. Physical pyeeden's Complaint seeking majority custody. The Mother appeared at the conciliation conference with Glenn C Vaughn on April 28, 2000, and stated her desire for majority physical custody. Negotiations ensued but no resolution could be reached. The Conciliator gave the parties information sheets for mediation with Joanne Betlem Kehr Esquire. They are ordered to contact Attorney Kehr no later than May 8, 2000, and to complete mediation no later than May 28, 2000. The Conciliator also gave the parties information sheets and brochures for the four hour child custody workshop. They are ordered to contact a workshop Provider no later than May 8, 2000, and to complete attendance at the workshop and file a Certificate in this case no later than June 28, 2000. proving such attendance on the record If the parties cannot settle the case in mediation, they shall promptly determine what type of 05/05/00 FRI 14:20 FAY 87714629 - LASRY CAROLYY 10004 7. The Father shall have custody from 9 a.m. to 5 p.m. on Father's Day, and the Mother shall have custody from 9 a.m. to 5 p,m. on Mother's Day, which supersedes the weekend schedule, Transportation shall be shared between the parties with the party obtaining custody picking up the child at day care for the most part. A copy of this Order shall be transmitted to Carolyn S. Lasky, Esquire, and a copy to Austin F. Grogan, Esquire. BY Date: ? ?? ?? ?. ?; KELLY S. FICKETT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-2679 CIVIL ACTION LAW MATTHEW M. WEEDEN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, June 11, 2003 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Hubert X. Gilroy, Esq. the conciliator, Thursday, July 31, 2003 at 10:30 AM at 4th Floor Cumberland County Courthouse, Carlisle on 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 scheduled hearing. FOR THE COURT, By: /s/ Hubert X Gilrov aq Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR 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 blh^I?IA?NN_?d Al.'J? ';1df10 C i 5: 1 11r9 I 111, l Abl, i' ?::. ' .: 10 31 AUGr003 KELLY S. FICKETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MATTHEW M. WEEDEN, : NO. 2003 - 2679 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this / day of August, 2003, the conciliator being advised the parties have reached an agreement, the conciliator relinquishes jurisdiction. BY THE COURT, Hubert X. Gilroy Custody Conciliator ?.??t?.\;R? I /???? ?1? ??.? '. i?ln? ? ?. ?``II I?r?- NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 1708-2922 (717) 241-4436 ATTORNEY FOR DEFENDANT KELLY S. FICKETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW MATTHEW M. WEEDEN : NO. 2003 - 2679 CIVIL TERM Defendant : IN CUSTODY PETITION FOR SPECIAL RELIEF NOW comes the Defendant, by his attorney, Nathan C. Wolf, Esquire, and files this petition for special relief, representing as follows: 1. The plaintiff is Kelly S. Fickett, an adult individual residing at 2731 South Rose Garden Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant is Matthew M. Weeden, an adult individual residing at 13550 Blairs Valley Road, Mexersburg, Pennsylvania, 17236. 3. Plaintiff (hereinafter "Mother") and Defendant (hereinafter "Father) are the natural parents of one minor child namely, Caitlynn Rose Weeden (bom February 13, 1998, age 10 years). 4. From birth the child has resided with the parties until their separation sometime around April 2000, and resided in the shared custody of the parties from April 2000 until August 2003. Since August 2003, Mother has had primary physical custody of the child subject to Father's periods of partial physical custody each weekend. 5. Mother and Father are the natural parents of the child. 6. Mother and Father were divorced by decree issued by the Court of Common Pleas of Lebanon County, Pennsylvania dated April 17, 2000. 7. A prior order conceming the custody of this child exists from the Court of Common Pleas of York County, dated May 5, 2000, a copy of which is attached hereto. 8. Said Order was referenced in a complaint for custody filed in this Court by Mother on June 6, 2003. 9. The claim for custody was scheduled for conciliation before Hubert X. Gilroy, but was resolved by informal agreement which was never incorporated into an Order of Court and jurisdiction of the conciliator was relinquished. 10. The best interest and permanent welfare of the child will be served by granting the relief requested herein because the Mother has suffered from an addiction to prescription drugs, specifically Xanax, in the recent past which has diminished Mother's ability to provide adequate care for herself, this child and the other children Mother has with her current husband. 11. In approximately March 2008, upon information and belief, Mother admitted herself to an in patient drug rehabilitation program related to her abuse of Xanax. 12. Mother was in the treatment program for approximately 12 days and Father believes that Mother was not abusing drugs for several months following her discharge. 13. However, in May 2008, upon information and belief, Mother began abusing Xanax again, this time resulting in multiple incidents where Mother has exhibited inappropriate behavior while the child was in her care. 14. On May 26, 2008, Mother contacted Father requesting Father's assistance as she told him that she had been at a circus with her children, including this child, and that her vehicle was stolen while at the circus. 15. Once Father had received the message he contacted Mother and she informed him that she had found transportation home and did not need assistance from him at that time. 16. The following day, Mother then contacted Father requesting a loan of $2,000.00 to help her to get caught up on her bills, calling into question whether the vehicle was, in fact stolen, or instead repossessed. 17. Moreover, Mother told Father that while she was under the influence of Xanax, on or about May 27 or may 28, she was the victim of an internet scam which cost Mother approximately $1,000.00 after she had attempted to purchase a dog through an internet website, which ultimately turned out to be hoax transaction entirely. 18. Furthermore, during the same time period, Mother apparently contacted the Internal Revenue Service and accused Father of tax evasion, which allegation is entirely baseless and inaccurate and for which Mother has now apologized. 19. Upon information and belief, on May 28, 2008 Mother became involved in an argument with her mother, the child's maternal grandmother, Melissa Konhaus, and the child's stepfather, Jason Fickett, concerning Mother's abuse of prescription drugs. 20. As a result of the incident, the grandmother took the child from Mother's custody and kept custody of her until dropping her off at school on May 29, 2008. 21. During the school day, Mother contacted Father requesting him to pick the child up from the school bus and keep her in his custody because she was abusing Xanax and did not want the child to see her in that condition. 22. Father immediately complied with Mother's request and took custody of the child when the child came home from school. 23. While Father was waiting to pick up the child, Mother invited Father into her home which had been appeared to be empty when Father arrived. 24. Mother presented in such a fashion that it was apparent that she had been using Xanax and was under the influence of drugs. 25. Mother made comments to Father that she was contemplating burning down her house and committing suicide. 26. Father attempted to reassure Mother and believed that she had somewhat stabilized by the time the child was returning home and Father then assumed custody. 27. Father ensured that the child was able to attend her activities on Thursday and Friday, namely softball and swimming. 28. After the child's swimming practice on Friday, Mother spoke with Father and indicated to him that she was fed up with her current living situation and that she intended to take all of her children and relocate to Texas, where a close friend of hers resides. 29. Father then spoke to the child's stepfather on Saturday who indicated that he and Mother had been involved in a significant physical alternation that morning wherein he and Mother were both injured but that he was taking the couple's other three children and was going to stay with his parents. 30. The stepfather indicated that the police had been summoned to the home and broke up the fight between stepfather and Mother but that neither party was being charged criminally. 31. On Sunday, June 1, 2008, Father received a call from Mother again indicating that she was using Xanax and she was incoherent but did not appear to be in danger. 32. Mother indicated to Father that she does not have any recollection of her actions over the prior week due to her drug abuse. 33. Father has been gainfully employed in Franklin County for the past three years but is willing to relocate to this area to ensure that any disruption to the child's life is minimized. 34. Moreover, the child's paternal grandmother lives within approximately ten minutes of Mother's residence and the child is accustomed to staying at that home with Father on weekends. 35. Temporarily, Father would reside at that residence with the child until he locates a new home, hopefully within the child's current school district. 36. If the child was in the custody of Mother, Father believes that Mother would not presently be able to ensure that the child's needs are being appropriately met. 37. Father has ensured that the child has continued to participate in all of her normal activities and has continued to attend school which recesses for summer on June 5, 2008. 38. Father has retained custody of the child since Thursday, May 29, 2008, and seeks to continue to do so pending further review by the Court, however, Father would submit that it would be appropriate for the child to have supervised visitation pending further proceedings, not to exceed six hours per week at times to which the parties may agree. 39. Father is filing, contemporaneously with the instant petition, a petition for modification seeking primary physical custody following further review by the Court through the conciliation process. 40. Father believes that without an order confirming his primary physical custody of the child that Mother's behavior will threaten the child's best interests and permanent welfare. 41. Father believes and therefore avers that an Order for temporary relief will permit the child to continue in his stable home environment while providing for controlled contact with Mother pending the conciliation conference or further Order of Court. 42. No prior judge was assigned to this action. 43. It is respectfully submitted that emergency relief is necessary to ensure that the child's welfare and best interests are maintained. 44. Concurrence has been sought from Wayne Shade, Esquire, as counsel of record, though no response had been received as of the time of the filing of this petition, and service of this petition is being made on counsel of record, but no action had been on this matter within the prior five (5) years. WHEREFORE, for the reasons set forth herein, Defendant, Matthew M. Weeden, respectfully requests that this Honorable Court enter an Emergency Order of Court granting primary physical custody to Father and shared legal custody to the parties, providing periods of supervised visitation to Mother not to exceed six hours per week, authorizing the police to enforce said Order, along with granting any other relief the Court deems appropriate. Respectfully submitted, WOLF & WOLF, Attorneys at Law June y 32008 B NAT C. WOLF, ESQUIRE Atto6xf Defendant 10 West High Street Carlisle, Pennsylvania 17013-2922 (717) 241-4436 Supreme Court I.D. No. 87380 VERIFICATION I, the undersigned, do hereby verify that I am the defendant in the foregoing action and that the facts set forth in this petition are true and correct to the best of the 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. June 2008 '0? Matthew M. Weeden 1 k / r MATTHEW M. WEEDEN IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA vs. NO. 2000-SU-01856-03 CIVIL ACTION - LAW KELLY S. WEEDEN CUSTODY APPEARANCES: Austin F. Grogan, Esquire For the Father Carolyn S. Lasky, Esquire For the Mother ORDER Matthew M. Weeden and Kelly S. Weeden are the parents of Caitlynn R. Weeden, b¢rn -r February 13, 1998. They lived together with this child in York County, Pennsylvania, until March,; U`. 2000, when they finally separated. They had a prior separation as well. The matter came before the Court on Matthew M. Weeden's Complaint seeking majority physical custody. The Mother appeared at the conciliation conference with Glenn C. Vaughn on April 28, 2000, and stated her desire for majority physical custody. Negotiations ensued but no resolution could be reached. The Conciliator gave the parties information sheets for mediation with Joanne Betlem Kehr, Esquire. They are ordered to contact Attorney Kehr no later than May 8, 2000, and to complete mediation no later than May 28, 2000. The Conciliator also gave the parties information sheets and brochures for the four hour child custody workshop. They are ordered to contact a workshop provider no later than May 8, 2000, and to complete attendance at the workshop and file a Certificate proving such attendance on the record in this case no later than June 28, 2000. If the parties cannot settle the case in mediation, they shall MAY 0820 A ti --------- -------------- pretrial preparation is required. The only such preparation indicated at the conciliation conference was. the Mother's desire for a psychological evaluation common to a child custody case. The Mother's counsel shall proceed expeditiously to secure such an evaluation with a written report, which shall be shared with opposing counsel if intended to be used at trial. The Father shall cooperate in the evaluation process. The Mother shall pay the cost of the evaluation. When the pretrial preparations have been completed, either counsel may request a pretrial conference with the Court. The case will then be placed upon a trial list. In the interim, the parties shall share legal custody of Caitlynn and shall share physical custody as follows: 1. The Mother shall have custody for one weekend of every four weeks from 5 p.m. on Friday to 5 p.m. on Sunday. 2. The Father shall have three weekends of the four, which weekends shall begin at 5 p.m. on Thursday and end at 5 p.m. on Sunday. The Father's first three weekends will begin May 4, 11 and 18, 2000. The parties shall follow this three and one split of every four weekends during the times indicated thereafter. 3, The Father shall have custody on every fourth week, beginning May 25, from 5 p.m. on Thursday to 5 p.m. on Friday. 4. The Father shall have custody from 5 p.m. to 8:30 p.m. each Tuesday. 5. The Mother shall have custody from 5 p.m. on Sunday night to 5 p.m. on Thursday night each week with the exception of the Tuesday hours for the Father specified in the preceding paragraph. 6. Each party shall have the right to seven days of vacation with the child each summer upon at least 30 days advance written notice of the selection of vacation dates in writing. 7. The Father shall have custody from 9 a.m. to 5 p.m. on Father's Day, and the Mother shall have custody from 9 a.m. to 5 p.m. on Mother's Day, which supersedes the weekend schedule. Transportation shall be shared between the parties with the party obtaining custody picking up the child at day care for the most part. A copy of this Order shall be transmitted to Carolyn S. Lasky, Esquire, and a copy to Austin F. Grogan, Esquire. BY]' J. Date: 0 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 (717) 241-4436 ATTORNEY FOR DEFENDANT KELLY S. FICKETT, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW MATTHEW M. WEEDEN : NO. 2003 - 2679 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Defendant, do hereby certify that this date, I have served a copy of the foregoing Petition forMo&6cadon upon the following persons, by United States Mail, addressed as follows: Kelly S. Fickett 2731 Rose Garden Boulevard Mechanicsburg, PA 17055 Wayne F. Shade, Esquire 53 West Pomfret Street Mechanicsburg, PA 17055 Date: June 4 2008 Respectfully submitted, WOLF & LF ?- Nathtaj?-6 Wolff Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Defendant l a .n ...s NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 (717) 241-4436 ATTORNEY FOR DEFENDANT KELLY S. FICKETT, Plaintiff V. MATTHEW M. WEEDEN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2003 - 2679 CIVIL TERM : IN CUSTODY PETITION FOR MODIFICATION AND NOW comes the defendant, Matthew M. Weeden, by his attorney, Nathan C Wolf, Esquire, and presents the following petition to modify custody, representing as follows: 1. The plaintiff is Kelly S. Fickett, an adult individual residing at 2731 South Rose Garden Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant is Matthew M. Weeden, an adult individual residing at 13550 Blairs Valley Road, Mercersburg, Pennsylvania, 17236. 3. Plaintiff (hereinafter "Mother'') and Defendant (hereinafter "Father") are the natural parents of one minor child namely, Caidynn Rose Weeden (born February 13, 1998, age 10 years). 4. From birth the child has resided with the parties until their separation sometime around April 2000, and resided in the shared custody of the parties from April 2000 until August 2003. Since August 2003, Mother has had primary physical custody of the child subject to Father's periods of partial physical custody each weekend. 5. Mother and Father are the natural parents of the child. 6. Mother and Father were divorced by decree issued by the Court of Common Pleas of Lebanon County, Pennsylvania dated April 17, 2000. 7. A prior order concerning the custody of this child exists from the Court of Common Pleas of York County, dated May 5, 2000, a copy of which is attached hereto. 8. Said Order was referenced in a complaint for custody filed in this Court by Mother on June 6, 2003. 9. The claim for custody was scheduled for conciliation before Hubert X. Gilroy, but was resolved by informal agreement which was never incorporated into an Order of Court and jurisdiction of the conciliator was relinquished. 10. The best interest and permanent welfare of the child will be served by granting the relief requested herein because the Mother has suffered from an addiction to prescription drugs, specifically Xanax, in the recent past which has diminished Mother's ability to provide adequate care for herself, this child and the other children Mother has with her current husband. 11. During the school day, Mother contacted Father requesting him to pick the child up from the school bus and keep her in his custody because she was abusing Xanax and did not want the child to see her in that condition. 12. Father immediately complied with Mother's request and took custody of the child when the child came home from school. 13. Father then spoke to the child's stepfather on Saturday who indicated that he and Mother had been involved in a significant physical alternation that morning wherein he and Mother were both injured but that he was taking the couple's other three children and was going to stay with his parents. 14. The stepfather indicated that the police had been summoned to the home and broke up the fight between stepfather and Mother but that neither party was being charged criminally. 15. Mother indicated to Father that she does not have any recollection of her actions over the prior week due to her drug abuse. 16. Father has been gainfully employed in Franklin County for the past three years but is willing to relocate to this area to ensure that any disruption to the child's life is minimized. 17. Moreover, the child's paternal grandmother lives within approximately ten minutes of Mother's residence and the child is accustomed to staying at that home with Father on weekends. 18. Temporarily, Father would reside at that residence with the child until he locates a new home, hopefully within the child's current school district. 19. If the child was in the custody of Mother, Father believes that Mother would not presently be able to ensure that the child's needs are being appropriately met. 20. Father has ensured that the child has continued to participate in all of her normal activities and has continued to attend school which recesses for summer on June 5, 2008. 21. Father has retained custody of the child since Thursday, May 29, 2008, and seeks to continue to do so pending further review by the Court, however, Father would submit that it would be appropriate for the child to have supervised visitation pending further proceedings, not to exceed six hours per week at times to which the parties may agree. 22. Father is filing, contemporaneously with the instant petition, a petition for special relief seeking an order for temporary primary physical custody until this matter can be scheduled for conciliation and hearing, if necessary. 23. Father believes and therefore avers that an Order for primary physical custody with him will permit the child to have a stable home environment and will be in the child best interests. 24. No prior judge was assigned to this action. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 (717) 2414436 ATTORNEY FOR DEFENDANT KELLY S. FICKETT, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW MATTHEW M. WEEDEN : NO. 2003 - 2679 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorneyfor Defendant, do hereby certify that this date, I have served a copy of the foregoing Petition for Modification upon the following persons, by United States Mail, addressed as follows: Kelly S. Fickett 2731 Rose Garden Boulevard Mechanicsburg, PA 17055 Wayne F. Shade, Esquire 53 West Pomfret Street Mechanicsburg, PA 17055 Respectfully submitted, WOLF & WOLF By: Date: June V .2008 Nathan off, Esquire 10 We igh Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Defendant WHEREFORE, defendant, Matthew M. Weeden, prays this Honorable Court enter an Order granting the relief requested herein, namely awarding primary physical custody of the child to Father with rights to regular contact, visitation and partial custody provided to Mother, along with any other relief the Court deems appropriate. submitted, Dated. June -, 2008 N . off, Esquire 1 st High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant MATTHEW M. WEEDEN vs. KELLY S. WEEDEN APPEARANCES: Austin F. Grogan, Esquire For the Father Carolyn S. Lasky, Esquire For the Mother IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA NO. 2000-SU-01856-03 CIVIL ACTION - LAW CUSTODY ORDER Matthew M. Weeden and Kelly S. Weeden are the parents of Caitlynn R. Weeden, bQM February 13, 1998. They lived together with this child in York County, Pennsylvania, until March,; 2000, when they finally separated. They had a prior separation as well. The matter came before the Court on Matthew M. Weeden's Complaint seeking majority physical custody. The Mother appeared at the conciliation conference with Glenn C. Vaughn on April 28, 2000, and stated her desire for majority physical custody. Negotiations ensued but no resolution could be reached. The Conciliator gave the parties information sheets for mediation with Joanne Betlem Kehr, Esquire. They are ordered to contact Attorney Kehr no later than May 8, 2000, and to complete mediation no later than May 28, 2000. The Conciliator also gave the parties information sheets and brochures for the four hour child custody workshop. They are ordered to contact a workshop provider no later than May 8, 2000, and to complete attendance at the workshop and file a Certificate proving such attendance on the record in this case no later than June 28, 2000. If the parties cannot settle the case in mediation, they shall promp MAY 0 8 20 11 i ,---- ----- pretrial preparation is required. The only such preparation indicated at the conciliation conference was the Mother's desire for a psychological evaluation common to a child custody case. The Mother's counsel shall proceed expeditiously to secure such an evaluation with a written report, which shall be shared with opposing counsel if intended to be used at trial. The Father shall cooperate in the evaluation process. The Mother shall pay the cost of the evaluation. When the pretrial preparations have been completed, either counsel may request a pretrial conference with the Court. The case will then be placed upon a trial list. In the interim, the parties shall share legal custody of Caitlynn and shall share physical custody as follows: 1. The Mother shall have custody for one weekend of every four weeks from 5 p.m. on Friday to 5 p.m. on Sunday. 2. The Father shall have three weekends of the four, which weekends shall begin at 5 p.m. on Thursday and end at 5 p.m. on Sunday. The Father's first three weekends will begin May 4, 11 and 18, 2000. The parties shall follow this three and one split of every four weekends during the times indicated thereafter. 3. The Father shall have custody on every fourth week, beginning May 25, from 5 p.m. on Thursday to 5 p.m. on Friday. 4. The Father shall have custody from 5 p.m. to 8:30 p.m. each Tuesday. 5. The Mother shall have custody from 5 p.m. on Sunday night to 5 p.m. on Thursday night each week with the exception of the Tuesday hours for the Father specified in the preceding paragraph. 6. Each party shall have the right to seven days of vacation with the child each summer upon at least 30 days advance written notice of the selection of vacation dates in writing. 7. The Father shall have custody from 9 a.m. to 5 p.m. on Father's Day, and the Mother shall have custody from 9 a.m. to 5 p.m. on Mother's Day, which supersedes the weekend schedule. Transportation shall be shared between the parties with the party obtaining custody picking up the child at day care for the most part. A copy of this Order shall be transmitted to Carolyn S. Lasky, Esquire, and a copy to Austin F. Grogan, Esquire. BY T Date: 4 VERIFICATION I, the defendant in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. $4904, relating to unworn falsification to authorities. June "l ,,2008 Matthew M. Weeden o ° m S L KELLY S. FICKETT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA . V. • 2003-2679 CIVIL ACTION LAW MATTHEW M. WEEDEN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, June 04, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 06, 2008 at 9:30 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 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR 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 MC M . N £ h :Z Wd h- t' Z 'Wool', io KELLY S. FICKETT, PLAINTIFF V. MATTHEW M. WEEDEN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2679 CIVIL IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 5th day of June, 2008, upon consideration of Defendant's Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED that: 1. The parties shall retain joint legal custody of the child, Caitlynn Rose Weeden, born February 13, 1998. 2. Pending further Order of the Court, the Father shall have primary physical custody of the child. 3. Custody conciliation in this matter shall be conducted at 8:30 a.m. on June 9, 2008, before Custody Conciliator Hubert Gilroy, Esquire. By the Court, •/ Nathan C. Wolf, Esquire Attorney for Defendant ,"Wayne F. Shade, Esquire Attorney for Plaintiff Court Administrator Hubert Gilroy, Esquire Custody Conciliator bas 11N-? M. L. Ebert, Jr., J ??. ?, ? ?:: -?, +V? 1 Q KELLY S. FICKETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MATTHEW M. WEEDEN, NO. 2003-2679 Defendant IN CUSTODY COURT ORDER AND NOW, this 11 day of June, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father, Matthew M. Weeden, shall continue to have primary custody on a temporary basis of Caitlynn Rose Weeden, born February 13, 1998. 2. The mother, Kelly S. Fickett, shall have custody of the minor child every weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. on the condition that the mother's husband is present with her and the minor child at all times over the weekend. 3. The parties shall meet again for a custody conciliation conference on Monday, June 23, 2008, at 8:30 a.m. 4. Once mother retains legal counsel, mother's attorney may contact the Custody Conciliator to schedule a conciliation conference via telephone conference between the two attorneys and the Conciliator. It is anticipated that once mother has counsel, arrangements can be made to provide father's counsel with ability to obtain information on mother's current counseling/treatment with respect to any addictions or other pertinent issues. 5. The above Order is temporary and based upon an agreement of the parties and does not prejudice either party from asserting a different position should be taken on custody in the event a hearing is required. BY THE COURT, - *\ A, AV M. L. Ebert, Jr., Judge cc: athan C. Wolf, Esquire Ms. Kelly S. Fickett Co1 1 e-T e7l.U t VINVAIASWd k.Nf e € Z :C Nd I I Nnr OOOZ KELLY S. FICKETT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. MATTHEW M. WEEDEN, Defendant Prior Judge: The Honorable M. L. Ebert, Jr. : CIVIL ACTION - LAW NO. 2003-2679 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Caitlynn Rose Weeden, born February 13, 1998 2. A Conciliation Conference was held on June 9, 2008, with the following individuals in attendance: The mother, Kelly S. Fickett, who appeared without counsel, and the father Matthew M. Weeden, with his counsel Nathan C. Wolf, Esquire. 3. This is a situation where mom has had primary custody of the minor child for a number of years but the Court issued an ex parte Order on June 5`h directing that the child be delivered to the father. There appears to be a laundry list of issues involving the parties that came to a head recently including some potential prescription medication abuse by the mother, violence within the mother's home, issues between the parties because of the ongoing relationship between the parties and other matters. The mother has three other children and is living with her husband who is employed full time. The mother did not have counsel, and the Conciliator believes this case will be in a better position to reach an amicable resolution if mother retains counsel, provides some documentation to father about her current counseling/treatment and we have a temporary Order entered with a new conciliation set. 4. The Conciliator recommends an Order in the form as attached. Date: June d , 2008 /2 K11?11 u14-tibert X. oy, Esquire Custody Conciliator 1 -.? AUG 0 5 2008 KELLY S. FICKETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW MATTHEW M. WEEDEN, NO. 2003-2679 Defendant IN CUSTODY COURT ORDER AND NOW, this .50` day of August, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Matthew M. Weeden, shall continue to have primary physical custody on a temporary basis of Caitlynn Rose Weeden, born February 13, 1998, until Thursday, August 21, 2008, at 5:00 p.m. 2. Starting Thursday, August 21, 2008, at 5:00 p.m., primary physical custody of the minor child shall revert back to the Mother, Kelly S. Fickett. Once primary physical custody reverts back to the Mother, Father shall have periods of temporary physical custody pursuant the schedule that was in place when Mother previously had primary custody. 3. Pending primary custody being returned to the Mother, this Court's Order of June 11, 2008, shall remain in place subject to the following modifications: A. It is understood that Mother shall have one week of vacation with the minor child starting on the morning of August 11, 2008. B. The supervision requirement of the prior Order shall not be applicable when the Mother is transporting the child. Additionally, the supervision requirement shall be such that adults other than the Mother's husband may provide the supervision. C. The supervision requirement of the June 11, 2008, Order shall terminate effective when primary custody is returned to the Mother. t z g tL 4. In the event either party desires to modify this Order, that party may petition the Court to have the case scheduled with the Custody Conciliator for a conference. BY THE COURT, '*A, M. L. Ebert, Jr., Judge cc: ,Mafthan C. Wolf, Esquire Melissa P. Greevy, Esquire _ v A w KELLY S. FICKETT, Plaintiff VS. MATTHEW M. WEEDEN, Defendant Prior Judge: The Honorable M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-2679 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT The Conciliator conducted a telephone conference call with the attorneys for the parties and also received various correspondence in connection with this case. Based upon the telephone conference and the correspondence, the Conciliator recommends an Order in the form as attached. Date: August ? , 2008 Hubert Xy6ilroy, Esquire Custod Conciliator