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HomeMy WebLinkAbout07-2887t , JULIE K. WEIGEL IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - CUSTODY MATTHEW WEIGEL Defendant NO. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court may enter a decree of divorce or annulment against you. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the first floor in the Cumberland County Courthouse, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 1-800-990-9108 ID JULIE K. WEIGEL IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - CUSTODY MATTHEW WEIGEL Defendant NO. Q'y - 2W7 CUSTODY Plaintiff, Julie K. Weigel, by and through her attorney Gail Guida Souders, respectfully avers the following counts through Civil Procedure Rule 1915.15 (a): 1. The Plaintiff is Julie K. Weigel, (hereinafter called "Mother") residing at 3519 Rolo Court, Mechanicsburg, PA 17050. 2. The Defendant is Matthew Weigel (hereinafter called "Father") residing at 440 Springlake Road, Harrisburg, PA 17112. 3. Plaintiff seeks primary physical and joint legal custody of the following children: Name Present Residence D.O.B. Madison Weigel 3519 Rolo Court December 23, 2003 Mechanicsburg, PA 17055 Deacon-Alexander 3519 Rolo Court May 27, 2005 Weigel Mechanicsburg, PA 17055 Caleb Weigel 3519 Rolo Court November 30, 2006 Mechanicsburg, PA 17055 The children were born in wedlock. 4. 5. The children are presently in the custody of the Mother who is residing at 3519 Rolo Court, Mechanicsburg, PA 17055. During the past five years, the children have resided with the following persons and at the following addresses: Names Residences Julie Weigel 3519 Rolo Court Madison Weigel Mechanicsburg, PA 17055 Deacon-Alexander Weigel Caleb Weigel Julie Weigel 3790 Elder Road Madison Weigel Harrisburg, PA 17111 Deacon-Alexander Weigel Caleb Weigel Matthew Weigel 5 Adams Street, #1 Julie Weigel Enola, PA 17025 Madison Weigel Deacon-Alexander Weigel Matthew Weigel 6902 Clubhouse Court Julie Weigel Apt D Madison Weigel Harrisburg, PA 17111 Deacon-Alexander Weigel Matthew Weigel Julie Weigel Madison Weigel Christy Weigel Robert Weigel 440 Springlake Road Harrisburg, PA 17112 Ted Hoffman Wendy Hoffman Sean Hoffman Julie Weigel Matthew Weigel Madison Weigel 3790 Elder Road Harrisburg, PA 17111 Dates April 22, 2007- Present May 5, 2006- April 22, 2007 September 1, 2005- May 4, 2006 September 1, 2004- September 1, 2005 July 10, 2004- August 31, 2004 December 23, 2003- July 10, 2004 6. The mother of the children is Julie Weigel, residing at 3519 Rolo Court, Mechanicsburg, PA 17055. She is married. 7. The father of the children is Matthew Weigel, residing at 440 Springlake Road, Harrisburg, PA 17112. He is married. 8. The relationship of the Plaintiff to the children is that of mother-children. The children are currently living with the mother. 9. The relationship of the Defendant to the children is that of father-children. 10. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Children have always lived with Mother. b. By having a regular custody schedule, the children will be able to develop a stable relationship with both parents. c. Mother is capable of providing a more stable and nurturing environment. 11. Each parent whose parental rights to the children have not been terminated, and the person who has physical custody of the children, have been named as parties to this action. WHEREFORE, the Plaintiff requests the court to grant her primary physical custody and joint legal custody of her children. /vl ( 2 Gail Guida Souders Attorney for the Plaintiff Guida Law Offices 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Supreme Court ID# 68740 I, Julie K. Weigel, verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. DATE;' O ATTORNEY FOR 1?.J ?o c J -„ a f < 1- JULIE K. WEIGEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW WEIGEL DEFENDANT 07-2887 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 24, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, June 04, 2007 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 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/ John . Man an r. 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 S 4,7 r F ?; JtiJ. ? a4 t 1, 'l ;? 'I Id 5Z LLB ?? . _ -'Hi J %% JULIE WEIGEL PLAINTIFF VS MATTHEW WEIGEL DEFENDANT CERTIFI I hereby certify tha the Custody Complaint upon Mat indicated below, which service Pennsylvania Rule of Civil Pro Service by U. Mat 440 S Harri: Gail Guida Souders, Esquire Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Dated: June 7, 2007 ti a o "a 1 Postage $ tfl.5$ ii11 o certified Fee $2.65 02 PA' >>> J O Retum Receipt Fee E l mo R $2 15 ? He ( nt or equired) ment . (P Restrk ted Delivery Fee ir (Endorse tGR"equired) I W. cli a ? I _ jr ru Total Postage & Fees $r} , ?,? i 711(17 ' or PO Box No. ¦ °Cltnplete Items 1, 2, and 3. Also complete l?rxt 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the malipiece, or on the front N space permits. 1. Article Addressed to: wCOO' I b? )0 1112 A; Signature B. Received by D. Is delivery address different from rem 1? 13 Yek If YES, enter dervery address below: 13 No O Agent 3. Servlce Type O Certified Mail E3 Express man 13 Registered 13 Return Reoeipt for Mefiofwtdiee 13 Insured mail 13 C.O.D. 4. Restricted Delivery? Pft Fee) p Ym 2. Article Number (fi`WNAwAom mi k k1w, 7004 2890 0002 8002 9412 e PS Form 3811, Febnnry 2004 Dom@Wc Rd= Receipt 1026e6 1ti?0 'mod co p cn 0 U JULIE K. WEIGEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2887 CIVIL TERM MATTHEW WEIGEL, : IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Matthew Weigel, in the above captioned case. Respectfully submitted, 1fidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: ? • 14-a JULIE K. WEIGEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2887 CIVIL TERM MATTHEW WEIGEL, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Hoist, Esquire, of MidPenn Legal Services, attorney for the Defendant, Matthew Weigel, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail. Postage Pre-Paid Gail Guida Souders, Esquire Guida Law Offices 111 Locust Street Harrisburg, PA 17101 Date: -6 J?- Holstersquire P1 E. Louther Street Carlisle, PA 17013 (717) 243-9400 r'' ?? t.7 ?; ._. s? r`z = _ ? _ i -n ?: T?; ?_. _ ? , ?-=> _.. ?,_ . ?rfi ? _ ?, .r/• ? ? =+ f OCT o 1 zoozer JULIE K. WEIGEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-2887 CIVIL ACTION LAW MATTHEW WEIGEL, IN CUSTODY Defendant ORDER OF COURT AND NOW this 4? day of ) clv" , 2007, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The Father, Matthew Weigel, and the Mother, Julie Weigel, shall have shared legal custody of Madison Weigel, born 12/23/03, Deacon-Alexander Weigel, born 5/27/05 and Caleb Weigel, born 11/30/06. The parties shall have an equal right 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. 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 Mother shall enjoy primary physical custody of the Children. 3. The Father shall have periods of partial physical custody with the Children every Saturday from 6:00 am until 4:00 pm and one weekend per month as mutually agreed from Friday 6:00 pm until Sunday 6:00 pm. Father shall additionally have one overnight every week between Monday and Friday with one Child. The parties may alter this arrangement upon mutual agreement. 4. The Mother and Father shall share the transportation for the custody exchanges. The relinquishing party shall provide transportation and it is agreed that paternal grandmother shall not transport the Children. Both parties shall ensure that the Children have the proper child seats/restraints during transportation 5. Holidays: Major holidays with the Children shall be alternated between the parents as attached or by mutual agreement. It is understood that Mother always has Mother's Day and Father always has Father's Day. 6. Telephone contact between the Children and the non-custodial parent shall be liberal as agreed upon between the parties. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Children. 8. In the event of a medical emergency, the custodial parry shall notify the other parties as soon as practicable after the emergency is handled. 9. Each party is entitled to two non-consecutive weeks of vacation per year with the Children. The requesting party shall give one month's notice of the requested vacation time to the other parent. 10. This Order is entered pursuant to 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 Of Court, J. Distribution: sica Holst, Esquire ail Guida Souders, Esquire L?6hn J. Mangan, Esquire P, 1 !-!1 C- K"O LOH it ii 071 HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Independence Day From 6 pm the evening before the Father Mother holiday to6 m the day of the holiday Labor Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Thanksgiving 1St From 6 pm the evening before Father Mother Half Thanksgiving Day to 3 pm on Thanks ivin Da Thanksgiving 2° From 3 pm on Thanksgiving Day to Mother Father half 6 m the day after Thanksgiving Da Christmas 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2°Half From noon on 12/25 to noon on Mother Father 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holiday Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the holiday . a JULIE K. WEIGEL, Plaintiff V. MATTHEW WEIGEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-2887 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUNEVIARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Madison Weigel 12/23/03 Mother Deacon-Alexander Weigel 5/27/05 Mother Caleb Weigel 11/30/06 Mother 2. A Conciliation Conference was held with regard to this matter on July 20, 2007 with the following individuals in attendance: The Mother Julie Weigel, with her counsel, Gail Guida Souders, Esq. The Father, Matthew Weigel, with his counsel, Jessica Holst, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. / bf/? 7 ?--- Z" Date John J an, Esquire Cust y onciliator JULIE K. WEIGEL : IN THE COURT OF COMMON PLEAS PLAINTIFF/PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA VS : CIVIL ACTION- CUSTODY MATTHEW WEIGEL : DEFENDANT/RESPONDENT : NO. 07-2887 Civil Term NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. Your are warned that if you fail to do so the case may proceed without you and a decree of devorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM 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 1-800-990-9108 JULIE K. WEIGEL PLAINTIFF/PETITIONER VS MATTHEW WEIGEL DEFENDANT/RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- CUSTODY NO. 07-2887 Civil Term PETITION TO MODIFY A CUSTODY ORDER Petitioner, by her attorney Gail Guida Souders, Esquire, respectfully avers the following counts through Civil Procedure Rule 1915.15 (a): 1. Petitioner is the Mother residing at 3519 Rolo Court, Mechanicsburg, PA 17055 2. Respondent is the Father residing at 440 Springlake Road, Harrisburg, PA 17112. 3. During the marriage, they gave birth to the following children: Madison Weigel d.o.b. December 23, 2003, Deacon-Alexander Weigel d.o.b. May 27, 2005 and Caleb Weigel d.o.b. November 30, 2006. 4. On October 2, 2007, an Order of Court was entered where Mother has primary physical and shared legal custody of the children: a true and correct copy of which is attached. 5. The Order should be modified because: a. The current Order is confusing and difficult to follow because Father has every Saturday and he takes a different child each week. b. The children are separated throughout the week with the current Order. c. Father will take any given child during the week without following the Order. d. It is difficult to make plans for the children or for Mother with the current Order since Father has every Saturday. e. Mother wants to change the Order to a more traditional custody arrangement which would provide more consistency for the children and stability. WHEREFORE, Mother requests that the Court modify the existing Order for to change the visitation schedule for Father for Madison Weigel, Deacon-Alexander Weigel, and Caleb Weigel because it would be in the best interest of the children. Gail Gu Souders Attorney for Petitioner Guida Law Offices, P.C. 111 Locust Front Street Harrisburg, PA 17101 717-236-6440 Supreme Court ID 4 JULIE K. WEIGEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-2887 CIVIL ACTION LAW MATTHEW WEIGEL, IN CUSTODY Defendant ORDER OF COURT AND NOW this F day of 2007, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The Father, Matthew Weigel, and the Mother, Julie Weigel, shall have shared legal custody of Madison Weigel, born 12/23/03, Deacon-Alexander Weigel, born 5/27/05 and Caleb Weigel, born 11/30/06. The parties shall have an equal right 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. 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 Mother shall enjoy primary physical custody of the Children. 3. The Father shall have periods of partial physical custody with the Children every Saturday from 6:00 am until 4:00 pm and one weekend per month as mutually agreed from Friday 6:00 pm until Sunday 6:00 pm. Father shall additionally have one overnight every week between Monday and Friday with one Child. The parties may alter this arrangement upon mutual agreement. 4. The Mother and Father shall share the transportation for the custody exchanges. The relinquishing party shall provide transportation and it is agreed that paternal grandmother shall not transport the Children. Both parties shall ensure that the Children have the proper child seats/restraints during transportation 5. Holidays: Major holidays with the Children shall be alternated between the parents as attached or by mutual agreement. It is understood that Mother always has Mother's Day and Father always has Father's Day. 6. Telephone contact between the Children and the non-custodial parent shall be liberal as agreed upon between the parties. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Children. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 9. Each party is entitled to two non-consecutive weeks of vacation per year with the Children. The requesting party shall give one month's notice of the requested vacation time to the other parent. 10. This Order is entered pursuant to 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 *6 Court, J. Distribution: Jessica Holst, Esquire Gail Guida Souders, Esquire John J. Mangan, Esquire TRUE COPY In T .mony w li zreof, and seal of -sai Cc N ....,3..-..... klav ( FROM REWORD I hercv iuito t my hand {rt l4 , Pa. % ODD HOLIDAYS AND TIMES EVEN SPECLAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holida Independence Day From 6 pm the evening before the Father Mother holiday to6 m the day of the holida Labor Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holida Thanksgiving is From 6 pm the evening before Father Mother Half Thanksgiving Day to 3 pm on Thanksgiving Da Thanksgiving 2" From 3 pm on Thanksgiving Day to Mother Father half 6 m the day after Thanksgiving Da Christmas 1 Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2 Half From noon on 12/25 to noon on Mother Father 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holiday Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the holida JULIE K. WEIGEL, Plaintiff V. MATTHEW WEIGEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-2887 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Madison Weigel 12/23/03 Mother Deacon-Alexander Weigel 5/27/05 Mother Caleb Weigel 11/30/06 Mother 2. A Conciliation Conference was held with regard to this matter on July 20, 2007 with the following individuals in attendance: The Mother Julie Weigel, with her counsel, Gail Guida Souders, Esq. The Father, Matthew Weigel, with his counsel, Jessica Holst, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date John J an, Esquire Cust y onciliator I, Julie Weigel verify that the statements made in this Petiton to Modify A Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. DATE: X J IE WEIGEL U!gQSQ ATTORNEY OR PETITIONE pla fir. k JULIE K. WEIGEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-2887 CIVIL ACTION LAW MATTHEW WEIGEL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, August 27, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 23, 2008 _ 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 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/ John . Man.-an, r. 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 40 !f }3'4 l?rL 4t{?J?? y??E -mno LZ .C Hd LZ OAV 0001 JULIE K. WEIGEL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, VS. No. 07-2887 MATTHEW WEIGEL, CIVIL ACTION - LAW Defendant. IN CUSTODY PETITION FOR SPECIAL AND EMERGENCY RELIEF AND NOW, comes the Plaintiff, Julie K. Weigel, by and through her attorney, Gail G. Souders, and files the following Petition for Special and Emergency Relief and in support thereof avers as follows. 1. Petitioner is Julie K. Weigel (hereinafter called "Mother") residing at 3519 Rolo Court, Mechanicsburg, PA 17055. 2. Respondent is Mathew Weigel (hereinafter called "Father") residing at the Dauphin County Work Release Center, 919 Gibson Boulevard, Steelton, PA 17113. 3. During the marriage, they gave birth to the following children: Madison Weigel d.o.b. December 23, 2003, Deacon-Alexander Weigel d.o.b. May 27, 2005 and Caleb Weigel d.o.b. November 30, 2006. 4. The current Order regarding child custody is the Order of October 2, 2007. See Exhibit "A" 5. Pursuant to the Order of October 2, 2007, Mother has primary physical custody of the minor children and Father has partial custody of the minor children. 6. Father is in the Dauphin County Work Release Center for a parole detainer for failure to pay fines and costs and incurring a new charge of Theft by Unlawful Taking. See Exhibit «B„ 7. Undersigned counsel spoke to Father's probation officer and she indicated that he will be incarcerated until after he disposes of his new charges and have his revocation. 8. For all the reasons stated above, Mother requests this Honorable Court grant her full physical and legal custody of the children because Father is unavailable. WHEREFORE, for all of the reasons stated above, Mother requests this Honorable Court grant her primary physical custody of the children, Madison Weigel, Deacon-Alexander Weigel, and Caleb Weigel. Respectfully submitted, Gail Guida Souders Attorney for Plaintiff Guida Law Offices, P.C. 111 Locust St. Harrisburg, PA 17101 717 236-6440 Supreme Court ID #68740 I, Julie K. Weigel, verify that the statements made in this are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. DATE: ? 01 LIE K. EIGEL, ATTORNEY FOR PETITIONER 0 612007441 2 JULIE K. WEIGEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-2887 CIVIL ACTION LAW MATTHEW WEIGEL, IN CUSTODY Defendant ORDER OF COURT ay of 2007, upon consideration of the attached AND NOW ;1.J A Custody Conciliation Report, it is Ordered and Directed as follows: 1. The Father, Matthew Weigel, and the Mother, Julie Weigel, shall have shared legal custody of Madison Weigel, born 12/23/03, Deacon-Alexander Weigel, born 5/27/05 and Caleb Weigel, born 11/30/06. The parties shall have an equal right 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. 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 Mother shall enjoy primary physical custody of the Children. 3. The Father shall have periods of partial physical custody with the Children every Saturday from 6:00 am until 4:00 pm and one weekend per month as mutually agreed from Friday 6:00 pm until Sunday 6:00 pm. Father shall additionally have one overnight every week between Monday and Friday with one Child. The parties may alter this arrangement upon mutual agreement. 4. The Mother and Father shall share the transportation for the custody exchanges. The relinquishing party shall provide transportation and it is agreed that paternal grandmother shall not transport the Children. Both parties shall ensure that the Children have the proper child seats/restraints during transportation 5. Holidays: Major holidays with the Children shall be alternated between the parents as attached or by mutual agreement. It is understood that Mother always has Mother's Day and Father always has Father's Day. 6. Telephone contact between the Children and the non-custodial parent shall be liberal as agreed upon between the parties. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possib#,WMW*es shall not allow third parties disparage the 8. 9. 10. other parent in the presence of the Children. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. Each party is entitled to two non-consecutive weeks of vacation per year with the Children. The requesting party shall give one month's notice of the requested vacation time to the other parent. This Order is entered pursuant to 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 J. Distribution: Jessica Holst, Esquire Gail Guida Souders, Esquire John J. Mangan, Esquire TRUE CgPY FROM RECORD In T imony v, h reof, I hest unto et my hand and 14 seal of .sai C rt lis , pa. r- Thi ..?... -- - _? Exhibit A HOLIDAYS AND TIlAES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holida Independence Day From 6 pm the evening before the Father Mother holiday to6 m the day of the holiday Labor Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Thanksgiving 1 S From 6 pm the evening before Father Mother Half Thanksgiving Day to 3 pm on Thanks 'vin Da Thanksgiving 2° From 3 pm on Thanksgiving Day to Mother Father half 6 m the day after Thanks ivin Da Christmas 1 Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2° Half From noon on 12/25 to noon on Mother Father 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holiday Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the holiday Exhibit A JULIE K. WEIGEL, Plaintiff v. MATTHEW WEIGEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-2887 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SAY REPORT iN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVEL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Madison Weigel 12/23/03 Mother Deacon-Alexander Weigel 5/27/05 Mother Caleb Weigel 11/30/06 Mother 2. A Conciliation Conference was held with regard to this matter on July 20, 2007 with the following individuals in attendance: The Mother Julie Weigel, with her counsel, Gail Guida Souders, Esq. The Father, Matthew Weigel, with his counsel, Jessica Holst, Esquire. The parties agreed to the entry of an Order in the form as attached. /2-ZU Date John J an, Esquire Cust y onciliator Exhibit A Magisterial District Judge 12-1-01 b0r Docket Number: CR-0000466-09 Criminal Docket COMMONWEALTH OF PENNSYLVANIA V. WEIGEL, MATTHEW AARON Judge Assigned: OTN: Arresting Agency: Arresting Officer: Complaint/Incident # County: Township: Name: Date Of Birth: #-- Char, ee -- 1 18 § 3921 §§ A Schedule Date 10/23/2009 11:15 AM Total Due: $0.00 Total Paid: $0.00 Grade Description Disposition M 1 THEFT BY UNLAWFUL TAKING OR DISPOSITION CALENDAR Event Type Status Preliminary Hearing Summons Date _Summons Action 09/16/2009 SUMMONS ACCEPTED Name: PROPER, MICHAEL S CASE ACCOUNNO Total Adj: $0.00 Balance: $0.00 SWMONS At=?T 04FORVATM Page 1 of 1 1200 - ---- - Printed: 09124/2009 1:50 pm Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not cswilk fiPDD i revisions of the Criminal History Record Information Act (18Pa.C.S. Section 9101 at seq.) may be subject to civil liability as set forth in 18 Pa.C.S. gw. CASE INFORMATION SHUGARS, RAYMOND F Issue Date: K 981239-0 File Date: 09/09/2009 SUSQUEHANNA TWP, POLICE DEPT Case Disp: PROPER, MICHAEL S Disp Date: 2009-07-1291 Requested: $0.00 DAUPHIN Judgment: $0.00 SUSQUEHANNA TWP Case Status: Active WFBNVANT ATM WEIGEL, MATTHEW AARON Address: HARRISBURG, PA 17112 10/13/1982 Sex: Male Race: White CRAPS JULIE K. WEIGEL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, vs. No. 07-2887 MATTHEW WEIGEL, CIVIL ACTION - LAW Defendant. IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on d that a copy of the foregoing Petition for Special and Emergency Relief was mailed, rs to: Service U.S. Mail to: Jack Dougherty, Esquire 800 North Second Street, Suite 100 Harrisburg, PA 17102 Gail Guida Souders, Esquire Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 U '( Dated: o r-1 IFIT L - 2009 SEP 2 9 11-j >: , s, ?d -rU #) j fGla??? ov. SEP 2 9 2009 ? JULIE K. WEIGEL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, VS. No. 07-2887 MATTHEW WEIGEL, CIVIL ACTION - LAW Defendant, IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this _? IV4 day of October, 2009, upon consideration of the Plaintiff's Petition for Special and Emergency Relief, it is hereby granted. Julie Weigel shall have &WK physical and legal custody of the children while Matthew Weigel is incarcerated at the Dauphin County Work Release Center. J. Pistribution 'n o Gail Guida Souders, Esquire, 111 Locust St., Harrisburg, PA 17101 ,/hack Dougherty, Esquire, 800 N. Second Street, Suite 100, H"sib 6 4 7 , Prothonotary's Office Lcr-L :. .. a :.>:.; 3 FILED-40i-;ICE OF THE PROTHONMARY 2009 OCT -2 PM 4: 28 PENNWLVARIA JULIE K. WEIGEL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-2887 MATTHEW WEIGEL, : CIVIL ACTION - LAW Defendant :CUSTODY CUSTODY AGREEMENT THIS AGREEMENT, made this pZday of November, 2009, by and between JULIE K. WEIGEL, (hereinafter "Mother"), and MATTHEW WEIGEL, (hereinafter "Father"), WHEREAS, the parties are the parents of three minor children: Madison Weigel, born December 23, 2003; Deacon-Alexander Weigel, born May 27, 2008; and Caleb Weigel, fka, Hoffman, born November 30, 2006; WHEREAS, a custody order has been entered in the Court of Common Pleas and docketed to term and number 07-2887; and WHEREAS, it is the desire of the parties to modify the current custody order. NOW THEREFORE, in consideration of the promises herein, the parties mutually agree as follows: 1. The parties shall have shared legal custody of the three minor children. The parties shall have an equal right to make all major non-emergency decisions affecting the children's well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 PaC.S. § 5309, each parent shall be entitled to all records and information pertaining to the children, including, but not limited to medical, dental, religious and school records, the residence address of the children and of the other parent. 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 share physical custody of the three minor children on an alternating week basis. The week shall begin on Monday at 8:00 A.M. and shall end the following Monday at 8:00 A.M. The parties shall share transportation for the custody exchanges. To the extent that the parties cannot agree upon who will provide transportation for the custody exchanged, then the party obtaining physical custody of the children shall be responsible for providing transportation to begin his/her period of physical custody. 3. The children will continue to attend Mechanicsburg schools. 4. Holidays shall be shared as follows: Holiday Times Even Years Odd Years Easter Day From 6:00 P.M. the Father Mother evening before the holiday until 6:00 P.M. the day of the holiday Memorial Day From 6:00 P.M. the Mother Father evening before the holiday until 6:00 P.M. the day of the holiday Independence Day From 6:00 P.M. the Father Mother evening before the holiday until 6:00 P.M. the day of the holiday Labor Day From 6:00 P.M. the Mother Father evening before the holiday until 6:00 P.M. the day of the holiday Thanksgiving From 6:00 P.M. the Father 1st half evening before Thanksgiving Day Until 3:00 P.M. the Day after Thanksgiving Day Thanksgiving From 3:00 P.M. on Mother 2nd half Thanksgiving Day until 6:00 P.M. the day after Thanksgiving Day Christmas From noon on 12/24 Father 1st half until noon on 12/25 Christmas From noon on 12/25 Mother 2nd half until noon on 12/26 Mother's Day From 6:00 P.M. the Mother evening before the holiday until 6:00 P.M. the day of the holiday Father's Day From 6:00 P.M. the Father evening before the holiday until 6:00 P.M. the day of the holiday Mother Father Mother Father Mother Father 5. For income tax purposes Father shall claim two children as dependents and Mother shall claim one child as a dependent on odd numbered years starting with tax year 2009. Mother shall claim two children as dependents and Father shall claim one child as a dependent on even numbered years. 6. Neither party may say or do anything nor permit a third party to do or say 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children to the other party, or may hamper the free and natural development of the children's love or affection for the other party. To the extent possible both parties shall not allow third parties to disparage the other parent in the presence of the children. 7. The parties may modify any provision of this agreement by mutual consent. 8. The parties intend to have this agreement made an order of court. IN WITNESS WHEREOF, the parties have signed this Agreement on the day and year first above written. WITNESS: 1 (SEAL) Matthew Weig •? S ) Julie Weigel 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS Personally appeared before me the undersigned officer, this A6Tnday of November, 2009, MATTHEW WEIGEL, known to me, or satisfactorily proven to be, the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. NOTARIAL SEAL Notary Public "TH IMSC14WEILER N010rY Public ISWRG CITY, DAUPHIN COUNTY 0 n Explfos Oct 11, 2010 MMISS,* FCO, COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS Personally appeared before me the undersigned officer, this ,pm day of November, 2009, JULIE WEIGEL, known to me, or satisfactorily proven to be, the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. 5 Notary Public NOTARIAL SEA SETH IMSCHWEIIER Notary Public HARRMURO CITY, DAUPHIN COUNTY My Commission Expires Oct 11, 2010 2? ' C+C - fE Lit 1 ?.3t pi's 3s Alt HTIA ?'ia4ii?.;':r Mth?tid?;I Y?'1? a?WUM7Sf44iAtk i> > ? E t t 1F' »?t qx nc???? sr a"r 'Im JULIE K. WEIGEL, : IN THE COURT OF COMMON PLEAS Plaintiff, Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.07-2887 N -° 71! MATTHEW WEIGEL, Defendant, Petitioner : CIVIL ACTION - LAW :CUSTODY MOTION TO MAKE CUSTODY AGREEMENT AN ORDER OF COU»T < 1. Petitioner is Matthew Weigel, the Defendant in the above-captioned matter. 2. Respondent is Julie Weigel, the Plaintiff in the above-captioned matter. 3. On or about November 25, 2009, the Plaintiff and Defendant entered into a Custody Agreement. A true and correct, time-stamped copy of the Custody Agreement is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 4. Petitioner requests that the attached Custody Agreement be made into an Order of Court. 5. Opposing Counsel for the Plaintiff, Gail Guida Souders, has been contacted by counsel for the Petitioner and has no objection to said attached Custody Agreement being made into an Order of Court. WHERFORE, Petitioner respectfully requests this Honorable Court make the attached Custody Agreement into an Order of Court. Respectfully submitted, Scari Sc ringi, P.C. By: Sluzis r I.D. No. 43829 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 (717)657-7770 Attorney for Defendant/Petitioner Dated: March 17, 2010 2/C1/2010 09.24 #3939 P.001 /006 JUI..IE K WEIGEL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-2887 14ATTHEW UEIGEL, : CIVIL ACTION - LAW Defendant :CUSTODY CUSTODY AGREEMENT c, THIS AGREEMENT, made this day of November, 2009, by aid between JULIE K WEIGEL, (hereinafter "Mother"), and MATTHEW WE1GEL; . -' ?_ ? :jam! i:hereinafter "Faiher'% WIERE:AS, the parties are the parents of three minor children: Madison Weigel, born December 23, 2003; Deacon-Alexander Weigel, born May 27, 2008; and Caleb Weigel, fka, Hcf man, born November 30,2006; WHEREAS, a custody order has been entered in the Court of Common Pleas and docketed to term and number 07-2887; and WHEREAS, it is the desire of the parties to modify the current custody order. NOW THEREFORE, in consideration of the promises herein, the parties mutually agree as follows: 1. The parties shall have shared legal custody of the three minor children. The parties shall have an equal right to make all major non-emergency decisions affecting the children's well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 PaC.S. § 5309, each parent shall be entitled to all records and information perzining to the children, including, but not limited to medical, dental, religious and school records, the residence address of the children and of the \\ A /I 02/Ci/2010 C9:24 #3939 P.002 /006 other oarent. 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 share physical custody of the three minor children on an alternating week basis- The week shall begin on Monday at 8:00 A.M. and shall and the following Monday at 8:00 A_M_ The parties shall share transportation for the custody exchanges. To the extent that the parties cannot agree upon who will provide transportation for the custody exchanged, then the party obtai4ing physical custody of the children shall be responsible for providing t wisoortation to begin his/her period of physical custody. 3. The children will continue to attend Mechanicsburg schools. 4. Holidays shall be shared as follows: Holid Times Even Years Odd Years Eastnr Day From 6:00 P_M. the Father Mother evening before the holiday until 6:00 P.M. the day of the holiday Memorial Day From 6:00 P.M. the Mother Father evening before the holiday until 6:00 P.M. the day of the holiday Independence lbay From 6:00 P.M. the Father Mother evening before the holiday until 6:00 P.M. the day of the holiday Labor Day From 6:00 P.M. the Mother Father 02/01/2010 03:24 evening before the holiday until 6:00 P.M. the day of the holiday Thanj,:sgiving From 6:00 P.M. the Father tst half evening before Thanksgiving Day Until 3:00 P.M. the Day after Thanksgiving Day Thanksgiving From 3:00 P.M. on Mother 2°d half Thanksgiving Day until 6:00 P.M. the day after Thanksgiving Day Christmas 1I' half Chri=:tmas 2°d h3df Motl:eer's Day Fatirrr's Day From noon on 12/24 Father until noon on 12/25 From noon on 12/25 Mother until noon on 12/26 From 6:00 P.M. the evening before the holiday until 6:00 P.M. the day of the holiday Mother From 6:00 P.M. the evening before the holiday until 6:00 P.M. the day of the holiday Father 03939 P.003 /006 Mother Father Mother Father Mother Father 5. For income tax purposes Father shall claim two children as dependents and Mother shall claim one child as a dependent on odd numbered years starting with tax year 2009. Mother shall claim two children as dependents and Father shall claim one child as a dependent on even numbered years. 6. Neither party May say or do anything nor permit a third party to do or say 02/01/2010 09:25 #3939 P.004 /006 6. Neit -ter party may say or do anything nor permit a third party to do or say anyt.,iing that may estrange the children from the other party, or injure the opinion of the children to the other party, or may hamper the free and natural development of the children's love or affection for the other party. To the extent possible both parties shall not allow third parties to disparage the other pare:at in the presence of the children. 7. The parties may modify any provision-of this agreement by mutual consent. 8. The parties intend to have this agreement made an order of court. M WITNESS WHEREOF, the parties have signed this Agreement on the day and year first above. written. WITNESS: (SEAL} Matthew Weig Julie Weigel 4 02/0=/2010 09:24 #--9--9 P.005 /006 COmMoNWEALTH OF, PENNSYLVANIA COUNTY OF DAUPHIN SS Personally appeared before me the undersigned officer, this A!5T%y of November, 2009, MATTHEW WEIGEL, known to me, or satisfactorily proven to be, the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WMREOF, I have hereunto set my hand and seal. now" spa. Notary Public COWM W 11. 201 COMMONWEALTH OIL PENNSYLVANIA COUNTY OF DAUPHIN : SS Personally appeared before me the undersigned officer, this 2.5 day of November, 2009, JULIE WEIGEL, known to me, or satisfactorily proven to be, the person whme:aame is subscribed to the within instrument, and acknowledged that she executed the sarne for the purposes therein contained. IN WTINESS WOEREOF, I have hereunto set my hand and seal. 5 02/01/2010 09:24 #3939 P.006 /006 Notary Public t?aw*Ww ¦ 0 Molw1WAN We CoCOUMY Co?iaw.won 11.2019 JULIE K. WEIGEL, Plaintiff, Respondent V. MATTHEW WEIGEL, Defendant, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-2887 : CIVIL ACTION - LAW :CUSTODY CERTIFICATE OF SERVICE AND NOW, this day of March, 2010, I, Frank C. Sluzis, Esquire, do hereby state that I served a'true and correct copy of the foregoing motion upon the following individual in the', manner indicated: VIA FIRST CLASS U.S. MAIL, POSTAGE PREPAID Gail Guida Souders, Esquire 111 Locust Street Harrisburg, PA 17101 Sca7il'c r'gi, P.C. By: Fra/ik C. Sluzis, Esquire A orney for Plaintiff t b. No. 43829 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 frank(tscaringilaw. com Phone: (717) 657-7770 Fax: (717) 657-7797 3 % MAR 2 3 2010 6. JULIE K. WEIGEL, : IN THE COURT OF COMMON PLEAS Plaintiff, Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-2887 MATTHEW WEIGEL, : CIVIL ACTION - LAW Defendant, Petitioner :CUSTODY ORDER AND NOW, this ;o4day of March, 2010, upon consideration of the attached Custody Agreement, IT IS HEREBY ORDERED that all terms and provisions of the said Agreement are hereby made and entered as an Order of this Court. BY THE COURT, J. c? -TI 1J j 31?y??v COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JULIE K. HOFFMAN, ) Plaintiff ) ` V. ) No 07-2887 ,' =a MATTHEW A. WEIGEL, ) ;? --� Defendant ) Petition for Modification 1. Petitioner is Plaintiff, JULIE K. HOFFMAN,who currently resides at 3519 Rolo Court, Mechanicsburg, Cumberland County, PA 17055. 2. Respondent is Defendant, MATTHEW A. WEIGEL, who currently resides at 440 Springlake Road, Harrisburg , Dauphin County, PA 17112. 3. Petitioner and Respondent are the natural parents of the following children: Name Age MADISON A. WEIGEL 9 years DEACON-ALEXANDER A. WEIGEL 8 years CALEB D. HOFFMAN 6 years 4. A custody order was entered on 2008, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Petitioner seeks to modify the custody order because: It is in the best interest of the children to have the current order changed because this order is not working. The minor children attend and are established in Mechanicsburg, the defendant works six days a week, the defendant does not communicate with the plaintiff in regards to the minor children, the defendant's parent's have primary custody of the minor children when they are in his custody, minor child, Caleb Hoffman does not receive medication when in defendants custody, and defendant in contempt of divorce decree because he degrades plaintiff in front of minor children and has not had minor child, Caleb Hoffman's last name changed. p 3.0 °S l do. h ti979 ' Petition for Modification Page 3 of 5 6. Petitioner believes the custody order should be changed as follows: Plaintiff is seeking full physical custody with defendant having custody of minor children every other week and standard holiday schedule in effect. . WHEREFORE, Petitioner respectfully requests that this Court modify the Order as requested. Date:lb I I 1 3 _ 41► N 1 LIE K. HOFFMA , Plaintif Verification I, JULIE K. HOFFMAN, Plaintiff, verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. '4904 relating to unsworn falsification to authorities. Date:) I l 3 %A-4 f \ Ink ira1\ a. • LIE K. HOFFMAN, Plain elFf W Petition for Modification Page 4 of 5 f-.: JULIE K. HOFFMAN IN THE COURT OF COMMON PLEAS Ol.ir`` " PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN1:1 ("3 V. © :Po 1�- • 2007-2887 CIVIL ACTION LAW • MATTHEW A. WEIGEL � IN CUSTODY DEFENDANT • ORDER OF COURT AND NOW, Tuesday,October 22,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan,Jr., Esq. , the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Wednesday,November 27,2013 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 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court(including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P.No. 1915.17 regarding relocation. FOR THE COURT, By: Is/ John J. Mangan,Jr., Esq.r Custody Conciliator 1' 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. 1 fiZAt r Cumberland County Bar Association ` 32 South Bedford Street J. N Carlisle, Pennsylvania 17013 m Telephone (717) 249-3166 • . np a3/L3 JULIE K. HOFFMAN, , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA w' NO. 2007-2887 Civil Action Law MATTHEW A. WEIGEL; Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the app r de earance of Patrick F. Lauer, Jr., in the above-captioned action. Respectfully submitted, Date: Prick a r, Jr., Esquire of Patrick F. Lauer, Jr., LLC 2108 Market Street,Aztec Building Camp Hill, Pennsylvania 1701.1-4706 ID#46430 Tel. (717) 763-1800 CDw . ' ; C JULIE K. WEIGEL, N/K/A JULIE : IN THE COURT OF COMMON PLEAS OF HOFFMAN • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v. • No. 07-2887 CIVIL ACTION LAW rn MATTHEW WEIGEL, : IN CUSTODY r ' Defendant • a co Prior Judge: Edward E. Guido, J. < . ' ORDER OF COURT r'` .""t. AND NOW this .3/ S day of December 2013,upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. A Rretrial conf rence with the assigned Judge is hereby scheduled in the above case on the I day o 014 at 24/OPm in courtroom number 3 of the Cumberland County Courthouse. The parties are directed to proceed with filing a pretrial statement with the Court and the other party consistent with the Pennsylvania Rule of Civil Procedure 1915.4-4. 2. This Order is entered pursuantity a Custod C nciliation Conference. A Custody Hearing is hereby scheduled on the O day of 1 , 2014 at 7:960-.m in Courtroom number 3 in the Cumberland County Court of Common Pleas, Carlisle,PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. 3. Legal Custody: The Father, Matthew Weigel, and the Mother, Julie Hoffman, shall have shared legal custody of Madison Weigel,born 12/23/03, Deacon-Alexander Weigel,born 5/27/05 and Caleb Hoffman,born 11/30/06. The parties shall have an equal right 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including,but not limited to,medical, dental, religious or school records,the residence address of the children and of the other parent. 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. 4. Physical Custody: The Mother and Father shall share physical custody on a week on/week off basis from Monday 8 am until the following Monday 8 am with the exchanges occurring at school. When there is no school, the non-custodial parent shall pick the Children up from the other parent's residence. 5. Holidays: Major holidays with the Children shall be alternated between the parents as attached or by mutual agreement. 6. Telephone contact between the Children and the non-custodial parent shall be liberal as agreed upon between the parties. Each parent is authorized to have at least one telephone call per day with the Children. The parents shall communicate via text only with each other and shall be strictly about the well-being of the Children. Each parent shall inform the other parent regarding medical/educational appointments via text as soon as possible. 7. Counseling: The parties are strongly encouraged to engage in therapeutic family counseling with a mutually agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible,both parties shall not allow third parties disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure,the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 11. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or(b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 12. This Order is entered pursuant to 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. nbution: ,..- rdan Cunningham, Esquire /130tritk Lauer, Esquire John J. Mangan, Esq ire ' L Wig — c__ ^'l l HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter From 6 pm Saturday until 6 pm Father Mother Sunday Memorial Day From 6 pm Sunday until 6 pm Mother Father Monday Independence Day From 6 pm 07/03 until 6 pm 07/04 Father Mother Labor Day From 6 pm Sunday until 6 pm Mother Father Monday Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1st From 6 pm Wednesday until 3 pm Father Mother Half Thursday Thanksgiving 2nd From 3 pm Thursday until 6 pm Mother Father half Friday Christmas 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2nd Half From noon on 12/25 to noon on Mother Father 12/26 Mother's Day From 6 pm Saturday until 6 pm Mother Mother Sunday Father's Day From 6 pm Saturday until 6 pm Father Father Sunday JULIE K. WEIGEL, N/K/A JULIE : IN THE COURT OF COMMON PLEAS OF HOFFMAN • CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff • v. : No. 07-2887 CIVIL ACTION LAW • MATTHEW WEIGEL, IN CUSTODY • Defendant Prior Judge: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b),the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Madison Weigel 12/23/03 Mother and Father Deacon-Alexander Weigel 5/27/05 Mother and Father Caleb Hoffman 11/30/06 Mother and Father 2. A Conciliation Conference was held with regard to this matter on July 20, 2007, an Order issued October 02, 2007, an Order issued 10/02/2009 in regard to special relief, an agreement was signed November 25, 2009, an Order of Court issued March 24, 2010 and a conference regardin modification was held December 04, 2013 with the following individuals in attendance: The Mother, Julie Hoffman,with her counsel, Patrick Lauer,Jr., Esq. The Father, Matthew Weigel,with his counsel,Jordan Cunningham, Esquire. 3. The parents' position on custody is as follows: Currently,the parents share physical custody of the Children on a week on/week off basis from Monday through the following Monday. Father is not opposed to continuing on with the shared arrangement and feels that the current situation is going well. Father currently lives with his mother and works in a union. Father reports that the Children are doing well in school and that he does not have any difficulties getting the Children to school. Father and Mother live approximately 25 minutes apart. Father and his counsel are requesting some make up time due to a PFA that was ultimately dismissed recently. Both parents agreed to try some family counseling as there are significant communication/trust issues between the two. Mother is now requesting primary custody of the Children. Mother asserts that Father lives in Harrisburg and getting the Children to school earlier is too disruptive for the Children. Mother asserts that the Children are well adjusted in Mechanicsburg school district and the Children have many friends in her neighborhood. Mother asserts that Father having every Wednesday and alternating weekends would be a better custodial situation. Mother would be willing to expand Father's custodial time during the summer. • • 4. The Conciliator recommends an Order in the form as attached scheduling a pretrial conference, scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 5. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. 2-(i0/9 Afir Date John . M.'gan, Esquire Cu ody ' onciliator "4'l'f1+ 7'A : 2 i i i0 iO TA 231°4 JA's 29 PH 2: Qt CUMBERLAND COUNTY PENNSYLVANIA JULIE K. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2007-2887 Civil Action Law • MATTHEW A. WEIGEL, • Defendant PLAINTIFF'S MOTION TO WITHDRAW CUSTODY COMPLAINT AND NOW, comes the Plaintiff's counsel. The Law Offices of Patrick F. Lauer, Jr., LLC and respectfully avers the following: 1. On December 31, 2013, an Order of Court was issued by The Honorable Edward E. Guido scheduling a Pre Trial Conference for February 10, 2014 at 2:00 p.m. and a Custody Hearing for February 26, 2014 at 9:30 a.m. in the above-captioned matter. 2. Plaintiff respectfully requests the Custody Complaint be withdrawn and the Pre Trial Conference and Custody Hearing cancelled. WHEREFORE, Plaintiff respectfully requests Your Honorable Court withdraw the Custody Complaint and cancel the Pre Trial Conference and Custody Hearing. Respectfully submitted, Date: P rick F. Lauer, Esquire L w Offices of Patrick F. Lauer, Jr.,LLC 2108 Market Street, Aztec Building Camp Hill,Pennsylvania 17011-4706 ID#46430 Tel. (717) 763-1800 JULIE K. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2007-2887 Civil Action Law • MATTHEW A. WEIGEL, Defendant ATTORNEY VERIFICATION Undersigned counsel for the Plaintiff, Patrick F. Lauer, Jr., Esquire, hereby verifies and states that: 1. He is the attorney for the Plaintiff, Julie K. Hoffman; 2. He is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Motion are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief. 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904,relating to unsworn falsification to authorities. Respectfully submitted, Date: 1 11-? Pat ick F. Lauer, Esquire Law Offices of Patrick F. Lauer,Jr.,LLC 2108 Market Street,Aztec Building Camp Hill, Pennsylvania 17011-4706 ID#46430 Tel. (717) 763-1800 JULIE K. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO. 2007-2887 Civil Action Law • MATTHEW A. WEIGEL, • Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Plaintiff's Motion to Withdraw Custody Complaint upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Criminal Procedure, through first class mail,prepaid and addressed as follows. Jordan D. Cunningham, Esquire Cunningham & Chernicoff,P.C. 2320 North 2nd Street PO Box 60457 Harrisburg, PA 17106 Respectfull .• -., Date: i`b atrick 1 . La er, Esquire Law Offices . Patrick F. Lauer,Jr., LLC 2108 Market Street,Aztec Building Camp Hill, Pennsylvania 17011-4706 ID#46430 Tel. (717) 763-1800 J FILED-OFFICE OF THE PROT110NCI;fa�i`t' 291 FEB -5 AM IQ: » . CUMBERLAND COUNTY PENNSYLVANIA JULIE K. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 2007-2887 Civil.Action.Law MATTHEW A. WEIGEL, Defendant ORDER OF COURT . d AND NOW,this 3 day of F ,2014,based upon Plaintiff's Motion to JVithdraw Custody Complaint,the Motion is hereby�� C y C4 er � t�fiy�.Qtry BY THE COURT: J. stribution: Jordan.D. Cunningham, Esquire, Cunningham & Chernicoff, P.C., 2320 North 2nd Street, PO Box 60457, Harrisburg, PA 17106 Patrick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, PA 17011 Cop I kS fnat s/'i y �� r,`„1 EEC 24 ft ((; ... J , PENNSYLVANIA JULIE K. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO. 2007-2887 Civil Action Law MATTHEW A. WEIGEL, • Defendant • PLAINTIFF'S MOTION TO WITHDRAW CUSTODY COMPLAINT AND NOW, comes the Plaintiffs counsel,The Law Offices of Patrick F. Lauer, Jr., LLC and respectfully avers the following: 1. On December 31, 2013, an Order of Court was issued by The Honorable Edward E. Guido scheduling a Pre.Trial Conference for February 10, 2014 at 2:00 p.m. and a Custody Hearing for February 26, 2014 at 9:30 a.m. in the above-captioned matter. 2. Plaintiff hereby withdraws her Custody Complaint without-prejudice. 3. Plaintiffs counsel has contacted Defendant's attorney, Jordan D. Cunningham, Esquire, and Defendant concurs with the withdraw of the Custody Complaint. WHEREFORE, Plaintiff respectfully requests Your Honorable Court cancel and all hearings without prejudice to either parties. Respectfully submitted, 2 Date: 'Z' Zt 1/1"( Patrillk.F. L uer, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street,Aztec Building Camp Hill, Pennsylvania 17011-4706 ID#46430 Tel. (717) 763-1800 JULIE K. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO. 2007-2887 Civil Action Law MATTHEW A. WEIGEL, Defendant ATTORNEY VERIFICATION Undersigned counsel for the Plaintiff, Patrick F. Lauer. Jr., Esquire, hereby verifies and states that: 1. He is the attorney for the Plaintiff, Julie K. Hoffman; 2. He is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Motion are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief. 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904,relating to unworn falsification to authorities. Respectfully submitted, Date: 2-- Z" 1/(/( Prick . L uer, Esquire Law Offices of Patrick F. Lauer,Jr.,LLC 2108 Market Street,Aztec Building Camp Hill,Pennsylvania 17011-4706 ID#46430 Tel. (717)763-1800 JULIE K. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2007-2887 Civil Action Law MATTHEW A. WEIGEL, • Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Plaintiffs Motion to Withdraw Custody Complaint upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Criminal Procedure, through first class mail,prepaid and addressed as follows. Jordan D. Cunningham, Esquire Cunningham& Chernicoff,P.C. 2320 North 2nd Street PO Box 60457 Harrisburg, PA 17106 Respectfully submitted, Date: ! P;trick F. auer, Esquire Law Offices of Patrick F. Lauer, Jr.,LLC 2108 Market Street,Aztec Building Camp Hill,Pennsylvania 17011-4706 ID#46430 Tel. (717) .763-1800 2014 FEB 26 i'Ei. 2: el 4 , CUMBEFLAI D COUNITY PENNSYLVANIA JULIE K. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V., : NO..2007-2887 Civil Action Law MATTHEW A. WEIGEL, Defendant ORDER OF COURT AND NOW,this day o£/F ,2414,based upon Plaintiff's Motion to Withdraw Custody Complaint,the Motion is hereby The Custody Complaint is withdrawn and the Pre Trial Conference and Custody Hearing are hereby cancelled. BY THE COURT: J. Distribution: ordan D. Cunningham,Esquire, Cunningham& Chernicoff, P.C., 2324 North 2nd Street, PO Box 60457, Harrisburg, PA 171.46_ atrick F. Lauer,Jr.,Esquire, 21.08 Market Street, Camp Hill,PA 1.7011