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HomeMy WebLinkAbout03-4393CUMBERLAND COUNTY ADULT PROBATION VS. Kent Douglas Ginter 4006 Enola Road Newville, PA 17241 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 05- V.393 CWILTERM Defendant RE: NO. 03-640 CRIMINAL TERM PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Enter judgment in favor of plaintiff, Cumberland County Adult Probation, and against Defendant in the amount of $1576.40 pursuant to 42 Pa. C.S.A. Section 9728 as set forth in the attached statement of certified case costs and fines. Dennis E. Lebo, Clerk of Court Date: September 8, 2003 ENTRY OF JUDGMENT AND NOW, this ~2 l~ae~fd n~se ' °20°-~ ' judgrnent is entered in favor of the Plaintiff and ag i the a t forth above. Attachment cc: Defendant Probation Clerk of Court Curtis R. Long, Prothonotary 084633082603 ******************** PaGe 15 CCS746 *STATEMENT OF COSTS* 8726/2003 Case No. 2003-00640 To: Dennis E. Lebo Cumberland County - Clerk of Courts 1 Courthouse Square Carlisle, Pa I7013 GINTER KENT DOUGLAS 4006 ENOLA ROAD NEWVILLE, PA 17241 Date Transaction Debit Credit Balance 07/02/03 COURT COSTS 25.20 25.20 Totals 25.20 25.20 07/02/03 SHERIFFS COST 1.50 1.50 Totals 1.50 1.50 07/02/03 OFF F.E. ACT158 5.00 5.00 Totals 5.00 5.00 07/02/03 CCC ACT 139 25.00 25.00 Totals 25.00 25.00 07/02/03 CVC ACT 139 35.00 35.00 Totals 35.00 35.00 07/02/03 STATE COST A 9.05 9.05 Totals 9.05 9.05 07/02/03 STATE COST B 7.75 7.75 Totals 7.75 7.75 07/02/03 JCP FEE 10.00 10.00 Totals 10.00 10.00 07/02/03 DISTRICT ATTY 15.00 15.00 Totals 15.00 15.00 07/02/03 PLEA 125.00 125.00 Totals 125.00 125.00 07/02/03 DUI BOOKING FEE 200.00 200.00 Totals 200.00 200.00 07/02/03 CO-DUI SCHOOL 200.00 200.00 084633082603 ******************** Pa~e 16 CCS746 *STATEMENT OF COSTS* 8726/2003 Case No. 2003-00640 To: Dennis E. Lebo Cumberland County - Clerk of Courts 1 Courthouse S~uare Carlisle, Pa f7013 GINTER KENT DOUGLAS 4006 ENOLA ROAD NEWVILLE, PA 17241 08/12/03 PYMT/MONEY ODR 200.00 .00 Totals 200.00 200.00 .00 07/02/03 ST - O.S.F. 75.00 75.00 Totals 75.00 75.00 07/02/03 CO - O.S.F. 75.00 75.00 Totals 75.00 75.00 07/02/03 COURT COSTS 8.00 8.00 Totals 8.00 8.00 07/02/03 AUTOMATION FEE 5.00 5.00 Totals 5.00 5.00 07/02/03 ACT 198 STATE 50.00 50.00 Totals 50.00 50.00 07/02/03 ACT 198 COUNTY 50.00 50.00 Totals 50.00 50.00 07/08/03 SHERIFFS COST 24.90 24.90 Totals 24.90 24.90 08/05/03 STATE-DUI 150.00 150.00 Totals 150.00 150.00 08/05/03 DUI PRISON MNT 75.00 75.00 Totals 75.00 75.00 08/05/03 DUI DRUG/ACHOL. 75.00 75.00 Totals 75.00 75.00 08/05/03 EMS 10.00 10.00 Totals 10.00 10.00 084633082603 ******************** Page 17 CCS746 *STATEMENT OF COSTS* 8726/2003 Case No. 2003-00640 To: Dennis E. Lebo Cumberland County - Clerk of Courts 1 Courthouse Square Carlisle, Pa I7013 GINTER KENT DOUGLAS 4006 ENOLA ROAD NEWVILLE, PA 17241 08/05/03 CAT FUND 50.00 50.00 Totals 50.00 50.00 08/05/03 CCP FEE 90.00 90.00 Totals 90.00 90.00 08/05/03 ADMIN. FEE 40.00 40.00 Totals 40.00 40.00 08/05/03 STATE FINES 300.00 300.00 To~als 300.00 300.00 o8/05/o3 EMS 10.00 10.00 Totals 10.00 10.00 08/05/03 CAT FUND 30.00 30.00 Totals 30.00 30.00 Case Totals 1776.40 200.00 1576.40 You are liable for the above costs Pursuant to Title 42 of Judiciary and Judicial procedure, 42 PA CS~ 9728, th~ Prothonotary is authorized to confess judgment on all unpaid costs an~ issue an execution and place same in the hands of the Sheriff for the collection. We trust you will give the above account your prompt attention. A TRUE (~PY FROM RECORD In Testimony wlt~l~t, I here unto set my hand and the sealog seklGollltat C, aI~, PA, This CUMBERLAND COUNTy ADULT PROBATION VS. Kent Douglas Ginter PO Box 67 Newville, PA 17241 Plaintif.f IN THE COURT OF COMMON PLEAs OF CUMBERLAND COUNTy PENNSYLVANIA CIVIL ACTION _ LAW NO. 4393-2003 CIVIL TERM Defendant/Address RE: NO. 640-2003 CRIMINAL TERM E~Cn'E~TO S~TiS~Hj~ TO THE PROTHONOTARy: Please mark satisfied the judgment, in favor °fp/aintiffCumberland County Adult Probation and against the above-named defendant, prev/ously entered pursuant to 42 Pa. C.S.A. Section 9728. A/so, please prepare a Certificate of Satisfaction. Date: June 8, 2004 enn/s E. Lebo, Clerk of Co~----:~ Solicitor for th C-r& Cumberland County,~msyd~a cc: Defendant Probation Clerk of Court SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDY WEIBLEY, Petitioner BRANDY WEIBLEY, Respondent No. 2002 4393 Civil Term CWIL ACTION - LAW (In Custody) NOTICE 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 Petition to Modify Custody and Notice are served, be 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 a judgment may be entered against you by the court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA NOTICIA Le han demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar unta apariencia escrita o en persona o por abogado y archiver en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas u puede entrar una orden contra usted sin previo aviso o notificacion y por cualguir queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA D1RECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGAUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 By: SAIDIS, SHUFF, FLOWER & LINDSAY ~i~t ~,otneYy~!nD .~N~ ~'i7a95c~4Y' g s quire ,.6 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Petitioner SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDY WEIBLEY, Petitioner No. 2002 -4393 Civil Term V. CIVIL ACTION - LAW BRANDY WEIBLEY, Respondent (In Custody) PETITION TO MODIFY CUSTODY ANDNOW, this ~.t~dayof ~,l.t'}~ ,2004, comes Petitioner, Randy Weibley, by and through his attorneys, Saidis, Shuff, Flower & Lindsay, and files the following Petition to Modify Custody and in support thereof avers as follows: 1. Petitioner, Randy Weibley, is an adult individual who currently resides at 406 South Spring Garden Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent, Brandy Weibley, is an adult individual who currently resides at 249 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Petitioner, Randy Weibley, is the natural father of two (2) minor children, Carol Ann Weibley, bom February 10, 1997 (hereinafter referred to as "Carol"), and Haley Elizabeth Weibley, bom Mamh 27, 1999 (hereinafter referred to as "Haley"). 4. Respondent, Brandy Weibley, is the natural mother of both Carol and Haley. 5. The parties were married on August 10, 1996. 6. Petitioner has had primary physical custody of the children, subject to Respondent's periods of partial custody since at least June 25, 2003. 7. The parties were divorced on May 13, 2003, and have been living separate and apart since that time. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High gtree! Carlisle, PA Carol Ann Weibley Haley Elizabeth Weibley 9. 11. The parties are the natural parents of the following minor children: Present Residence Age d/o/b 406 S. Spring Garden St. 7 2/10/97 Carlisle, PA 406 S. Spring Garden St. 5 3/27/99 Carlisle, PA The children were not bom out of wedlock. After a Custody Conciliation Conference in front of Jacqueline M. Vemey, Esquire, the parties were able to reach an agreement:, which was subsequently entered as an Order on October 29, 2002 (hereinafter referred to as the "Order). A copy of Judge Hess' October 29,2002 Order is attached hereto as Exhibit "A" and incorporated is if fully set forth herein. 12. The parties are no longer following the Order in that Respondent only sees the Children every other weekend. 13. Pursuant to the Order, Petitioner and Respondent share legal custody of the children. 14. separation. 15. Petitioner has been the Children's primary caregiver since the parties' Due to Respondent's outbursts and physical behavior, Petitioner has had to seek a Protection from Abuse Order (hereinafter referred to as the "Final PFA Order"). A copy of Judge Oler's August 29, 2003 Final Protection from Abuse Order is attached hereto as Exhibit "B" and incorporated as if set forth herein. 16. On June 9, 2004, Respondent called Petitioner from Roxbm'y Rehabilitation Center and admitted to Petitioner that she has a cocaine addiction and that she has been using illegal drags for the last three (3) months. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 17. custody. 18. Petitioner is concerned for the welfare of the Children while in Respondent's Petitioner fears that while with Respondent, the Children could be exposed to illegal drug use or illicit activity. 19. In addition to the children's present address, during the past five (5) years, the children have resided with the following people at the following addresses: Names Randy Weibley Randy Weibley Brandy Weibley Randy & Brandy Weibley Address. 406 S. Spring Garden St. Carlisle, PA 406 S. Spring Garden St. Carlisle, PA 211 Plaza Drive Carlisle, PA 406 S. Spring Garden St. Carlisle, PA Dates June 25, 2003 - Present (Week on/Week off) June 2001 - June 2003 (Week on/Week off) June 2001 - June 2003 1995 - June 2001 20. The relationship of Petitioner to the children is that of natural father. The Petitioner currently resides in his house located at 406 South Spring Garden Street, Carlisle, Cumberland County, Pennsylvania. 21. The relationship of Respondent to the children is that of natural mother. The Respondent currently resides in her apartment locatect at 249 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania. 22. Petitioner has no information of any other custody proceeding concerning the children pending in any court of this Commonwealth. 23. Petitioner does not know of any ,other person not any party to the proceedings, besides those who have been notified by this Petition, who has physical custody of the children or claims to have custody or visitation rights with respect to the children. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 24. Petitioner would like to primary physical custody of the children with supervised visits for Respondent for the following reasons: a) Petitioner believes that Respondent has a cocaine addiction; b) Petitioner is fearful that while in Respondent's custody the children may be exposed to illegal drugs or illicit activity; c) Petitioner is concerned for tl~te welfare of the children while in the care of Respondent; d) Petitioner's home environmentt is stable; e) Petitioner believes the best interest and permanent welfare of the children will be best served by allowing Respondent to have only supervised visits at this time; 0 Petitioner would continue to foster an ongoing, loving relationship with Respondent. 25) Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as a party to this action. There are no other persons who are known to have or claim to have a right to custody or visitation of the children. 26) The best interests and permanent welfare of the children will be best served by granting the relief requested because: a) The Petitioner has had shared legal custody of the children since the children's birth; b) The Petitioner has been the primary caregiver for the children since the parties' separation; c) The Petitioner would continue to provide the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; d) The Petitioner would continue to foster an ongoing, loving relationship with Respondent; e) The Petitioner continues to exercise parental duties and responsibilities and enjoys the love and affection of the children; and SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Petitioner would offer a stable, drag-free home environment to the children. 27) Petitioner requests that the following changes be made to the custodial arrangement: a) that Petitioner and Respondent continue to share legal custody of the children; b) that Petitioner continue to exercise primary physical custody of the children; d) that Respondent be granted periods of supervised visitation until such time as she has proven to Petitioner that she has been drug-free for at least six (6) months; and e) that Respondent, once she has proven to Petitioner that she has been drag-free for six (6) months, be granted periods of partial custody every other weekend. WHEREFORE, Petitioner respectfully requests this Honorable Court grant Petitioner shared physical custody in accordance with the schedule as proposed in Paragraph 27, above. By: Respectfully Submitted, SAIDIS, SHUFF, FLOWER & L1NDSAY (.4~ ~od Sr~yGi .'D~. '~. 8~7a;~ a4y' E~ire 5:6 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Petitioner SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Sireet Carlisle, PA VERIFICATION I verify that the statements made in this Petition to Modify Custody are true and correct. I understand that false statements herein are: made subject to the penalties of 18 Pa.C.S.A. Seciton 4904 relating to unswom falsification to authorities. Date: R.andy~eibley ~