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HomeMy WebLinkAbout07-4197WANDA LEE WEARY, Plaintiff vs. DEAN W. WEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-y~~~ CIVIL TERM IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes WANDA LEE WEARY, by her attorney, Samuel L. Andes, and makes the following Complaint for custody based upon the following: 1. The Plaintiff is WANDA LEE WEARY, who resides at 414 A Street, Carlisle, Pennsylvania, 17013. 2. The Defendant is DEAN W. WEARY, who resides at 2142 Ritner Highway, Carlisle, Pennsylvania, 17015. 3. The parties are the parents of one minor child, Colton Tyler Weary, now age 10, born 30 March 1997. 4. The Plaintiff and Defendant are husband and wife, having been married on 8 September 1994 and separated on 23 May 2007. 5. Plaintiff seeks an award of shared legal custody and primary physical custody of the minor child, Colton Tyler Weary. 6. The child was not born out of wedlock and is presently in the custody of the Defendant. 7. During the past five years, the minor child has resided with the following persons at the following addresses: 2002 through 2142 Ritner Highway Both Plaintiff 23 May 2007 Carlisle, PA 17015 and Defendant 23 May 2007 2142 Ritner Highway Defendant primarily to the present Carlisle, PA 17015 8. The father of the child is the Defendant who resides at the address set out above. He is married to the Plaintiff. 1 9. The mother of the child is the Plaintiff who resides at the address set out above. She is married to the Defendant. 10. The Plaintiff is the natural mother of the child. Plaintiff currently resides with a friend, Jody Sampson, age 45. 11. The Defendant is the natural father of the child. Defendant currently resides with his mother, Lois Weary, age 81, and the minor child. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the child in this or any other court. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights with the said child. 13. The best interests and permanent welfare of the child will be served by granting the relief requested by Plaintiff for the following reasons: A. The Defendant is violent and physically abusive of Plaintiff and has abused Plaintiff in the presence of the child; and B. The Defendant has displayed violence toward the child himself, in particular when the child has attempted to intervene in the Defendant's physical abuse of the Plaintiff; and C. The Defendant is not employed, does not have any regular activities, and does not present a reasonable or good example for the child; and D. The Plaintiff is the primary source of financial, emotional, and other support for the child and has been so for the child's life; and E. The Defendant abuses illegal drugs and alcohol to the point it prevents him from being a competent parent; and F. Plaintiff is the parent most involved with the care of the child and who can provide the stability and nurturing that the child requires. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, WANDA LEE WEARY requests this Court to grant her shared legal custody and primary physical custody of the child, Colton Tyler Weary. By L. A Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 I~ 3 I verify that the statements made in this document are true and correct. understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ~ ~,? S ~ `l~l ~~~ ~ - `~ t/ W W 64 ~' ~, ~~ ~ ~C W ~ ~~ S ti ~~~ `_, ~ -r, " ~ _~ ~: ~ .~-. ~'rl ~_' r ~1 __ . _- ., _c r~.7 ii fJt ::i ~., ti \. WANDA LEE WEARY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DEAN W. WEARY DF,FENDANT • 07-4197 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, July 24, 2007 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland Coun Courthouse, Carlisle on Friday, August 31, 2007 at 9:30 AM for aPre-Nearing 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 aPe five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esg. Custody Conciliator ~J' 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. Al] 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. 1F YOU DO NOT HAVE AN ATTORNEY UR 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 ~~ ~~ ~~ ~ ~ ~_ ~~ ,__ - ,~;~ -, ..-, ~ ~ n ,~, ~~-~~ <„O- S~ -~ C.~ ~ s~. ~ i~ STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-8749 WANDA LEE WEARY, ) Plaintiff ) vs. ) DEAN WEARY, ) Defendant ) CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Cazlisle, PA 17013 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 07-4197 CIVIL TERM IN CUSTODY ANSWER AND NEW MATTER TO COMPLAINT IN CUSTODY AND NOW comes Dean W. Weary, by his attorneys, Stephanie E. Chertok, Esq. and Cindy L. Hribal, Esquire, and files this Answer to the Complaint in Custody. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Defendant and Plaintiff aze husband and wife and were married on September 8, 1994. It is specifically denied that the parties were sepazated on May 23, 2007. To the contrary, Plaintiff left the mazital residence on May 24, 2007. 5. Denied. Paragraph five is not a statement of fact to which a response is required. To the extent a response is required, after reasonable investigation, the Defendant is working without knowledge or information sufficient to form a belief as to the truth of the matter stated regarding Plaintiff s intentions. 6. Admitted. 7. Admitted 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter stated. 13. Denied. It is denied that the best interest or permanent welfare of the child would be served by granting Plaintiff the relief requested. To the contrary, it is in the child's best interest and welfare to remain in the custody of Defendant. A. Denied. It is denied that Defendant is violent or has ever physically abused Plaintiff whether or not in the presence of the child. To the contrary, a Petition for a Protection from Abuse, filed by Plaintiff, was dismissed due to the Honorable Judge Hess not finding Plaintiffls testimony credible and finding that Plaintiff attacked and was physically abusive toward Defendant. B. Denied. It is denied that Defendant has ever displayed violence toward the child in any way. It is further denied that the child ever needed to intervene in any way between Defendant and Plaintiff. It is further denied that Defendant ever physically abused the Plaintiff, and in fact Plaintiff testified as such in open court. it C. Admitted in part and denied in part. It is admitted that the Defendant is not currently employed, however this is due to Defendant being legally disabled. It is denied that Defendant "does not have any regular activities." It is further denied that Defendant does not present a reasonable or good example for the child. D. Admitted in part and denied in part. It is admitted that Plaintiff is the primary source of financial support of the child due to Defendant's legal disability. It is denied that Plaintiff is the emotional and other support of the child. It is further denied that Plaintiff has been the support of the child, other than finically, for the child's life. To the contrary, Defendant has been the primary caretaker and support system of the child for the child's life. Additionally, Defendant and the child reside with Defendant's mother, who has provided shelter to the child his entire life. E. Denied. It is denied that Defendant abuses illegal drugs and/or alcohol. It is further denied that Defendant is not a competent parent. To the contrary, Plaintiff severely abuses alcohol and is currently residing with a person that abuses illegal drugs frequently, making Plaintiff an incompetent parent. F. Denied. It is denied that Plaintiff is the parent most involved with the care of the child. It is further denied that Plaintiff is the parent that can provide stability and nurturing that the child requires. To the contrary, it is the Defendant who has provided the every day care of the child and it is Defendant who has and is still providing the stability and nurturing that the child requires. 14. Admitted. WHEREFORE, DEAN W. WEARY requests that this Honorable Court deny Plaintiff s request and grant Defendant shared legal custody and primary physical custody of the child, Colton Tyler Weary. i.~ NEW MATTER 15. Paragraphs 1 through 15 are incorporated. herein by reference as though set forth in full. 16. Plaintiff abandoned the marital home on May 24, 2007, and did not attempt to take the child with her. 17. The child has been residing with Defendant and Defendant's mother his entire life. 18. Plaintiff does not have a stable or permanent home and, therefore, is incapable of caring for the child as primary custodian. 19. Plaintiff is currently residing with a woman, Jody Sampson, who has been in and out of rehabilitation due to various drug addictions. 20. The child does not want to reside with Plaintiff and, in fact, Defendant must force the child to visit Plaintiff. 21. Plaintiff stated, in open court proceedings, that Defendant never physically abused her, meaning that statements in Plaintiffs Complaint for Custody are blatant lies. 22. Plaintiff is frequently drunk in the presence of the child. 23. Plaintiff is an unfit parent and should not have primary physical custody of the child. 24. Defendant, on legal disability, has cared for the child his entire life, providing the every day supervision and protection the child has needed. 25. Defendant has been the child's primary caretaker for the child's entire life, and wishes to continue to be the child's primary caretaker. 26. It is in the child's best interest to stay with Defendant and Defendant's mother where he has resided all his life. 27. Based upon information and belief, it is averred that if the child is uprooted from his current residence with Defendant and Defendant's mother, it will have a severely adverse effect on the child's emotional stability. WHEREFORE, Defendant requests that this Honorable Court grant Defendant shared legal custody and primary physical custody of the child, Colton Tyler Weary. Respectfully submitted, Date: ~ <Sa o7 ___._~ Step anie E. Chertok, Esquire Supreme Court I.D. No. 52651 Cindy L. Hribal, Esquire Supreme Court I.D. No. 202325 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 VER~FIGATION I, Dean W. Weary, verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. §4904 relating to unsworn falsification to authorities. Date: ~ -'~ ~ ~ 7 Dean W. Weary WANDA LEE WEARY, ) Plaintiff ) vs. ) DEAN WEARY, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW N0.07-4197 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Stephanie E. Chertok, Esquire, hereby certify that a copy of the Answer to Complaint in Custody, was served this day of , 2007, by first-class mail, postage prepaid, upon those listed below: Samuel L. Andes Attorney at Law 525 North Twelfth St. P.O. Box 168 Lemoyne, PA 17043 a _. Step ie hertok, Esquire .-a G ~ ~~ ' c..- G . } ,.-..-. ~ .W.,. ~~. ~ ~ " ~ 1 ~~,:~ = ~ ~,; c~? N ~ C~ ..~ '- { WANDA LEE WEARY, Plaintiff . v . DEAN W. WEARY, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-4197 IN CUSTODY COURT ORDER AND NOW, this 1~~ day of September, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Wanda Lee Weary, and the father, Dean W. Weary, shall enjoy shared legal custody of Colton Tyler Weary, born March 30,1997. 2. Physical custody shall be handled on a two-week arrangement as follows: A. On week one, the mother shall have custody of the minor child overnight for Monday, Wednesday, Friday, Saturday and Sunday. The father shall have custody overnight on week one on Tuesday and Thursday. B. On week two, the mother shall have custody on Tuesday and Thursday overnight. The father shall have custody on Monday, Wednesday, Friday, Saturday and Sunday overnight. 3. Exchange of custody pursuant to the above schedule shall be at school with the mother picking the child up at school and delivering to the school where appropriate and the father doing the same. On the weekend or when school is not in session, the non- custodial parent shall pick the child up at the other parent's home. 4. Both parents shall enjoy reasonable telephone contact with the minor child while the child is with the other parent. The custodial parent shall initiate the child making telephone calls to the non-custodial parent. ~~~~~ L ~ ~E i~d ~ ~ d3S t01~Z ~~ d 5. The parties will work between themselves in an effort to reach an agreement relative to custody on holidays and otherwise. 6. This is a TEMPORARY Order entered subject to the parties having the ability to ask the Court to review this Order and schedule a hearing. In the event any issues arise that counsel for the parties believes may be addressed by the Conciliator, legal counsel may contact the Conciliator directly without the requirement of filing a petition and requesting that a telephone conference be scheduled between legal counsel for the parties and the Custody Conciliator. BY THE COURT, J. Wesley Oler, Jr. cc: V6amuel L. Andes, Esquire l,~indy Hribal, Esquire F:~232f Cwlod, Cose~tlo..U2311.Wary ~ Weary ConcuVtloo Report-0~avwpd .. r•y ~ WANDA LEE WEARY, Plaintiff v DEAN W. WEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII. ACTION -LAW N0.07-4197 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Colton Tyler Weary, born March 30,1997. 2. A Conciliation Conference was held on August 31, 2007, with the following individuals in attendance: The mother, Wanda Lee Weary, with her counsel, Samuel L. Andes, Esquire, and the father, Dean W. Weary, with his counsel, Cindy L. Hribal, Esquire. 3. The parties agree to the entry of an Order in the form as attached. ~' f Date: d Hubert X. Gilroy, quire Custody Concilia r