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HomeMy WebLinkAbout07-4910SAMANTHA CORL, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO: ~ 7- 5/ 9 /D (,t' ,~n-~ ~-Guy--~ - :CIVIL ACTION -LAW BRIAN WEAVER, IN CUSTODY Defendant. COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Samantha Corl, by and through her attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Complaint For Custody: 1. The Plaintiff, Samantha Corl, is an adult individual residing at 114 W. Green Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant, Brian Weaver, is an adult individual residing at 17 Pine Hill Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (1) child, Derek Weaver, born August 15, 2003. 4. The child was born out of wedlock. 5. The Plaintiff, Samantha Corl, is the natural mother of the child; the Defendant, Brian Weaver, is the natural father of the child. 6. Since the birth of the child, the child has resided at the following addresses with the following individuals: A. from birth until approximately the end of 2003, with Plaintiff and Defendant at 129 S. Chestnut Street, Mechanicsburg, Cumberland County, Pennsylvania; B. from approximately the beginning of 2004 fora 4 month period with Plaintiff and Defendant and the parents of the Defendant at 17 Pine Hill Ave., Mechanicsburg, Cumberland County, Pennsylvania; C. thereafter, for a period of approximately 3 months, with the Plaintiff and Plaintiff s mother at 329 E. Louther Street, Carlisle, Cumberland County, Pennsylvania; D. for approximately a 1 1 /2 year period of time at Glendale Street, Mechanicsburg, Cumberland County, Pennsylvania, along with the Plaintiff; and E. from January of 2007 to presnet, at 114 W. Green Street, Mechanicsburg, Cumberland County, Pennsylvania, with Plaintiff and Plaintiff s paramour, Toby Clevenger. 7. Plaintiff knows of no other person asserting a right to custody, partial custody or visitation of the child. 8. Neither party is a member of the Armed Forces of the United States or any of its Allies. 9. Plaintiff believes and therefore avers that it is in the best interests of the child to grant shared legal custody of the child in Plaintiff and Defendant, and primary physical custody of the -2- child unto the Plaintiff because Plaintiff has been and continues to be the primary caretaker of the child. WHEREFORE, Plaintiff prays this Court to grant the relief as requested. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan agner, Esquire #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: ~ D ~ -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: 7" # ~ ~ -i 0 ~ , O ~v .. ~ ~ C 'i ~ ~_+ ~~ ~~ T a ~ 1 v ` t ~V .~~: - ; ~ -D{ ~ > ~~ ~ JI i ~ ~~ 9 ~J ~ ..< SAMANTHA CORL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN WEAVER DEFF.N.DANT • 2007-4910 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 23, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 25, 2007 at 10:00 AM for aPre-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 ale 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 Abase orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda 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 ar 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 ~~~ ~~ C4•~ h "~' '~ ~d~P.~ ~a ~ ~~ ~~ Y~~ ~ L ~i i Tu" tUUL I r. ~~ ~e +..,°.. SAMANTHA CORL Plaintiff vs. BRIAN WEAVER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4910 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this L ~S ~~ day of ~ ~ ~Q~ 2007, upon consideration of the attached Custody Conciliation Report, it is ordePed and directed as follows: 1. The Mother, Samantha Corl, and the Father, Brian Weaver, shall have shared legal custody of Derek Weaver, born August 15, 2003. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have supervised periods of custody with the Child on alternating weekends from Friday, when the Father shall pick up the Child after preschool (no supervision required during transportation) through Sunday at 3:00 p.m. when the Mother shall pick up the Child at the residence of the Father's mother and grandmother. The Father's periods of custody under this provision are conditioned upon the presence of the Father's mother or grandmother during the time the Child is in the Father's custody. 4. The Father shall obtain a drug screening test within 24 hours of receiving a text message notification from the Mother on a random basis. The Father shall obtain the drug testing from any ~ ~.:, ~,.. ~ -~ ;u_ ~ ~~ 1~~ - 4 :.. E,SJ t~t_ ~ :y) CV medical facility or laboratory certified in drug screening and shall authorize the facility to provide the test results to the Mother. The Mother shall exercise her right to request random drug testing in a reasonable manner both as to frequency and sufficient notice prior to a custodial period. The Father shall be responsible to pay all costs of the drug testing. 5. The Father's periods of custody under this Order shall be conditioned upon his compliance with the drug testing requirement and the absence of positive test results. 6. The Father may file a request for the scheduling of a follow-up custody conciliation conference to address any of the conditions for his periods of partial custody. 7. Following compliance with this Order for a period of at least 60 days, either party may file a petition for review of the temporary custody arrangements set forth in this Order. cc:~P'Richard Wagner, Esquire -Counsel for Mother ~B"rian Weaver, Father BY THE COURT, SEP 2 ? 2001 ~~ SAMANTHA CORL Plaintiff vs. BRIAN WEAVER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4910 CIVIL ACTION LAW 1N CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Derek Weaver August 15, 2003 Mother 2. A custody conciliation conference was held on September 25, 2007, with the following individuals in attendance: the Mother, Samantha Corl, with her counsel, P. Richard Wagner, Esquire, and the Father, Brian Weaver, who is not represented by counsel in this matter. 3. The Mother filed this Complaint for Custody seeking certain limitations on the Father's periods of weekend custody with the Child, including supervision and random drug testing on a temporary basis. The Father agreed to the supervision requirement although he does not believe it is necessary. Upon the Mother's proposal for random drug testing on a temporary basis, the Father, who is not represented by counsel, abruptly left the conference. In response to the conciliator's inquiry, however, the Father did not request the scheduling of a hearing. 4. In light of the representations made by the Mother at the conference and the Father's unwillingness or inability to address some of those concerns, the conciliator recommends an Order in the form as attached. It should be noted that the Father did not agree at the conference to the temporary random drug testing and accordingly a provision is included anticipating the scheduling of a follow-up conference at the Father's request to address this matter. ~t~o ~tr~e~t ~ ~`; aao7 Date Dawn S. Sunday, Esquire Custody Conciliator 6 SAMANTHA CORL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2007-4910 CIVIL ACTION LAW C-) - BRIAN WEAVER BMW ?-- ran- ? Defendant IN CUSTODY =cam- rv -O m C)? --CTy N O --t C? -^q P0 C1 =K = m ZC3 C7 ORDER OF COURT AND NOW, this 2 t -? day of T" c_ , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 28, 2007 is vacated and replaced with this Order. 2. The Mother, Samantha Corl, and the Father, Brian Weaver, shall have shared legal custody of Derek Michael Weaver, born August 15, 2003. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends, beginning Friday, June 17, 2011, from no later than 6:30 p.m., when the Mother shall drop off the Child at the Father's residence through Sunday at 6:00 p.m., when the Father shall return the Child to the Mother's custody. During the summer school break, the weekend period of custody shall extend until Sunday at 8:00 p.m. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In every year, the Father shall have custody of the Child from December 23`d, at a time to be arranged by agreement, through Christmas Eve after the Father's family holiday party, and the Mother shall have custody from Christmas Eve after the Father's family holiday party through Christmas Day. The specific times for exchanges shall be arranged by agreement. B. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day with the specific times to be arranged by agreement. C. The parties shall share or alternate having custody of the Child for the remaining holidays as arranged by agreement. 6. Neither party shall consume alcohol to the point of intoxication or use illegal drugs or controlled substances during his or her periods of custody with the Child. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J esley Oler, Jr. J. cc: 'Jessica Holst, Esquire, Esquire - Counsel for Father 'Samantha Corl -Mother p? SAMANTHA CORL vs. BRIAN WEAVER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2007-4910 CIVIL ACTION LAW Defendant : IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Derek Michael Weaver August 15, 2003 Mother 2. A custody conciliation conference was held on June 14, 2011, with the following individuals in attendance: the Mother, Samantha Corl, who is not represented by counsel in this matter, and the Father, Brian Weaver, with his counsel, Jessica Holst, Esquire.. 3. The parties agreed to entry of an Order in the form as attached. [ (4 aorl Date Dawn S. Sunday, Esquire Custody Conciliator