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HomeMy WebLinkAbout99-04949 I a o. a a x7; 4 MARTSON DEARDORFF WILLIAMS & OTTO MM&O INVUpNennxAlm?i'AImNACr TEN EAST HR:H STREET CAR SM. PENNSMANIA 17013 AUG 17 1999 1 I.' t - 1. F WtLES16ATAFILCWCND0 %2975COM 111de CMQ9d ONILW 1111 Ia AM Pain 0GIL9911,, AM BRYAN D. WEARY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99. P9 9 q9 L l v ( l i E1Ln) MELINDA S. WEARY, Defendant IN CUSTODY AND NOW, this ;k? day of1?' q y, upon consideration of the attached Complaint, it is hereby directed that the -part' s and their respective counsel appear before ., the conciliator, at ,7.L -}, on the _ day of r. M F _, at q , nC) n .m. for a Pre-H ng 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. FOR THE COURT, By Custody Conciliator 01 The Court of Common Pleas of Cumberland County is required by law to comply with the ) Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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 -11 )TAR 99 AI1S 25 1'i'; i 15 CUt+PENNSYU/ *!L'\ {Y was- 99 ? ? ? ?? 99 y?a? ,N?,? BRYAN D. WEARY, Plaintiff V. MELINDA S. WEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- q 9y9 0,c a -f*^ IN CUSTODY PLAINTIFF'S COMPI e INT To COME , , __ _ 1. Plaintiff is Bryan D. Weary, an adult individual currently residing at 850 Pine Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Melinda S. Weary, an adult individual currently residing at 201 York Street, Apt # 8, Enola, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the children, Britton Douglas Weary and Devon Bryan Weary, who were born on February 21, 1989 and July 21, 1990, respectively. The children were not born out of wedlock. Since the children's births, the children have resided with the following persons at the following addresses for the following periods of time: The children resided with both parties at Plaintiffs address since their births, until Defendant left with the children on August 1, 1999 to her present address. 4. The relationship of the Plaintiff to the children is that of father. He is married and living separately. The Plaintiff currently resides with the following: Name No one 5. The relationship of the Defendant to the children is that of mother. She is married and living separately. The Defendant currently resides with the following: Name Retationchip Britton Douglas Weary Son Devon Bryan Weary Son 6. The parties have not participated in previous litigation concerning the custody of the children in this court or any court. The Plaintiff has no information of a custody proceeding concerning the children pending in any other court. 7. The best interest and permanent welfare of the child will be served by granting custody to Plaintiff because: He can best provide a stable and nurturing relationship and environment for his sons. 8. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant him the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Will' m Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Date: August 16, 1999 The foregoing Complaint to Confirm Custody 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. 1 have read the Complaint and to the extent that the document is based upon information which I 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Bn n D. Weary ?C2 `aye u V jl [DU c- 4 CJ N 0 o v I BRYAN D. WEARY, PLAINTIFF V. MELINDA S. WEARY, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 994949 CIVIL TERM IN CUSTODY PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendant, Melinda S. Weary. Respectfully submitted, IRWIN, McKI6HT & HUGHES By: ' _v 4/ Marcus A. Mc fight, III, Esquire 60 West Pomfret S t Carlisle, Pennsylvania 3 (717) 249-2353 Attorney for defendant, Melinda S. Weary Date: August 25, 1999 HKYAN D. WEARY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 994949 CIVIL TERM MELINDA S. WEARY, DEFENDANT IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to Enter Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Thomas J. Williams, Esquire Ten East High Street Carlisle, PA 17013 Attorney for Plaintiff, Bryan D. Weary IRWIN, McKNIGHT & HUGHES By: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: August 25, 1999 MELINDA SUE WEARY, Petitioner V. BRYAN DOUGLAS WEARY, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99- 4949 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this _QCO_ day of 1999, upon consideration of the attached petition, it is hereby directed that the ' rties and their respective counsel appear before Qp,?. i Esquire, the conciliator, at \?) ,Ir1 on the day of 1999 atq-,10 _ NM. for a Pre-Heart Custody Conference. At sucn conference, an e ort 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 this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: iii,. trn t a ?A 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 1-800-990-9108 v n' rnir r= '_ p'C J ::1in AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduling conference or hearing. MELINDA SUE WEARY, Petitioner V. BRYAN DOUGLAS WEARY, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 994949 CIVIL TERM IN CUSTODY PETITION FOR CUSTODY AND NOW, this 21j -day of August 1999, comes the Petitioner, Melinda Sue Weary, by his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. The petitioner is Melinda Sue Weary, an adult individual residing at 201 York Street, Apartment 8, Enola, Cumberland County, Pennsylvania 17025. 2. The respondent is Bryan Douglas Weary, an adult individual residing 1850 Pine Road, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are the natural parents of two minor children, namely, Britton Douglas Weary, born February 21, 1989, age 10 years, and Devon Bryan Weary, born July 21, 1990, age 9 years. 4. Petitioner desires primary physical custody of the children and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. 5. The best interest of the children requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the children and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. Respectfully submitted, IRWIN, McKNIGHT/& HUGHES By: Marefiis A. Mcknigh 11, Es) Attorney for Petitione , Melinda Sue Weary 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court 1. D. No. 25476 Date: August ;23' , 1999 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. 1 have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein made are subject to the penalties of IS Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. V&zVz'J- MELINDA SUE WEA Date: P1T?51999 LAW OFFICES AUG 26 199 ,\ 0 Cf r 1 MARTSON DEARDORFF WILLIAA6 & OTT. M[DW&O LMIIN{[1MYT??M AIMI P•AIM?tALY TEN EAST HIGH STREET CARLLSIP, PENNSYLVANIA 17013 AUG 3 0 199 w i l ;i f .. 1` BRYAN D. WEARY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-4949 MELINDA S. WEARY, Defendant IN CUSTODY AND NOW, this _ day of August, 1999, in consideration of the foregoing Petition, a Rule is hereby issued on Defendant to show cause why the relief prayed for should not be granted. Rule returnable , the _ day of 1999 in Courtroom No. of the Cumberland County Courthouse, o'clock _M. BY THE COURT, ,J jn 8-31-9 9 9d ?''???i`. --n- I„!- - :; ?"?9Y r? -? :; : ;g ?; `{., . ., r ?^r F. WILESIDATAFILEIDENDDC %2975PET. IA& C-tI 09113M 11 24 19 AM Rvvia . 0V37MW174:AM BRYAN D. WEARY, Plaintiff V. MELINDA S. WEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4949 IN CUSTODY AND NOW, comes Plaintiff, by his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, pursuant to Pa. R.C.P. 1915.13, and, in support thereof, avers as follows: 1. The children in question are Britton Douglas Weary born February 21, 1989 and Devon Brian Weary bom July 21, 1990. 2. Plaintiff is the father of the children and resides at 850 Pine Road, Newville, Cumberland County, Pennsylvania, which residence is in the Big Spring School District. 3. Defendant is the mother of the children and has resided at 201 York Street, Apt. #8, Enola, Pennsylvania, which residence in the East Pennsboro Area School District. 4. Prior to August 1, 1999, both parties and the two children lived at the marital residence located at 850 Pine Road, Newville, Pennsylvania. 5. On August 1, 1999, Defendant left the marital residence with the two children and moved into her apartment described in Paragraph 3 above. 6. Defendant's leaving of the marital residence was with the consent of Plaintiff; however, this was because of Defendant's promise that she was going to relocate to another place within the Big Spring School District. 7. Both children are registered to start school in the Big Spring School District, where the children have spent their entire education so far. Britton is scheduled to start fifth grade at the Oak Flat Elementary School and Devon is scheduled to start fourth grade at the Oak Flat Elementary School. 8. Plaintiff believes, and therefore avers, that Defendant has enrolled the children at the East Pennsboro School District. 9. The parties, the children, and their families, have all lived in the Big Spring Area. Plaintiff believes it would not be in the best interest of the children to change school districts, and particularly not suddenly. Plaintiff has not been consulted by Defendant regarding this change, and certainly has not given his consent. 10. Plaintiff has filed a Complaint for Custody which is pending. No conciliation conference has yet been scheduled. Plaintiffs counsel has recently been advised by the attorney for Defendant that Defendant also plans to file a Complaint for Custody. 11. The issue of custody cannot be resolved before school starts, which is: a. Big Spring School District's first day for students: August 30, 1999. b. East Pennsboro Area School District's first day for students: September 7, 1999. WHEREFORE, Plaintiff prays Your Honorable Court to Order and Direct that the children continue to attend the Big Spring School District until the custody issue is resolved. MARTSON DEARDORFF WILLIAMS & OTTO By - ( a/+a 4t 9. W Thomas J. Wil ams, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: August 27, 1999 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 document and to the extent that it is based upon information which I 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Bryan eary ?s ;4! I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013-3222 MARTSON DEARDORFF WILLIAMS & OTTO By ncia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 27, 1999 CYI r?. n l, 4 :Il _ Gl ?) BRYAN D. WEARY, Plaintiff Va. MELINDA S. WEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4949 CIVIL TERM CIVIL ACTION - LAW CUSTODY CRDER OF COURT AND NDW, this day of consideration of the atta-AIL ched custody Conc liat on Repo t, ' 1999, upon and directed as follows: po t is ordered 1. The Father, Bryan D. Weary' and the Mother, Melinda S. Weary, shall have shared legal anody of Britton Douglas Weary, and Devon Bryan Weary, born July 21, 1990. Each born February 21, equal right, to be exercised jointly with the other rent shall have an major non-emergency decisions affecting the Children's parent, generaltwe?being including, but not limited to, all decisions regarding their health, education and religion. 2. The Mother shall have primary physical custody of the Children. 3. During the school year, the Father shall have partial physical custody of the Children on alternating weekends from Friday at 5:00 p.m. through Sunday at 5:00 p.m., beginning October 1, 1999. 4. During the summer school break each year the parties shall alternate having custody of the Children on a bi-weekly basis, beginning on the first Sunday after school terminates with the Father having custody. Custody of the Children shall be exchanged bi-weekly until the Father has had three full two-week periods. Thereafter the mother shall have custody of the Children for the remainder of the school break. 5. The parties shall share or alternate having custody of the Children on holidays in accordance with the following schedule: A. CffiuzH4A.S: The Christmas holiday shall be divided into Segment At 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. In addition, the Father shall have custody of the Children for 3 additional days during the remainder of the Christmas school break with the days and times to be arranged by agreement of the parties. B. TBANKSGIVIM: In odd numbered years, the Father shall have custody of the Children during the entire Thanksgiving holiday break from school. In even numbered years, the Mother shall have custody of the Children on Thanksgiving Day and the Father shall have custody during the remainder of the Thanksgiving holiday break. C. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Children on Easter, Memorial Day, July 4th and Labor Day as arranged by agreement of the parties. D. unless otherwise agreed by the parties, 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. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. 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 J. cc: Thomas J. Williams, Esquire - Counsel for Father Marcus A. McKnight, III, Esquire - Counsel fo Mo cltd ,0?+c? I 99 - r A.-P. l/L;' ? BRYAN D. WEARY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-4949 CIVIL TERM MELINDA S. WEARY, CIVIL ACTION - LAW Defendant CUSTODY CUSTODY CCNCILIATICN SUM M 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 BIIM'H CURRENTLY IN CUSTODY ap Britton Douglas Weary February 21, 1989 Mother Devon Bryan Weary July 21, 1990 Mother 2. A Conciliation Conference was held on September 28, 1999, with the following individual in attendance: The Father, Bryan D. Weary, with his counsel, Thomas J. Williams, Esquire, and the Mother, Melinda S. Weary, with her counsel, Marcus A. McKnight, III, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date ' Dawn S. Sunday, Esquire Custody Conciliator ?E ? ,i ?? 1?99?; o? , 44 u a" ==?wbo yI U O in . w G . 'C U m '3 eG a U] ? ? -' w N rn a ? oo r. H? 3? ?? n y 8 Z y ?yq 0 1 U m q ? E ? ? ? ? j 0p ? 2 ? 2 H ? a W ?