HomeMy WebLinkAbout07-6672CONNIE L. HOLLENBAUGH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
CUSTODY/VISITATION
NATHAN L. WELDON,
Defendant : NO. 07- 6 ?,2-, CIVIL TERM
COMPLAINT FOR CUSTODY
1. The Plaintiff is Connie L. Hollenbaugh, residing at 30 Big Spring Terrace,
Newville, Pennsylvania 17241.
2. The Defendant is Nathan L. Weldon, residing at 34 Mountain View Terrace,
Newville, Pennsylvania 17241.
3. Plaintiff seeks custody of the following child:
NAME RESIDENCE DOB AGE
Cody Tylor Weldon 30 Big Spring Terrace, Newville 11/15/1999 8 yrs old
4. The child was born out of wedlock.
5. The child is presently in the custody of mother.
6. During his life, the child has resided with the following persons and at the
following addresses:
NAME ADDRESS DATES
Connie L. Hollenbaugh & 50 Bon nybrook Rd. Lot 28, Carlisle 11/15/99-12/07/00
Nathan L. Weldon
Connie L. Hollenbaugh 50 Bonnybrook Rd. Lot 28, Carlisle 12/07/00-11/30/01
Connie L. Hollenbaugh & 50 Bonnybrook Rd. Lot 28, Carlisle 06/2001 -07/2001
Nathan L. Weldon
Connie L. Hollenbaugh Shippensburg 11/30/01-02/28/02
Connie L. Hollenbaugh
1380 Waggoner's Gap Rd., Carlisle 02/28/02-06/30/03
Connie L. Hollenbaugh York
06/30/03-02/28/04
Connie L. Hollenbaugh 1380 Waggoner's Gap Rd., Carlisle 02/28/04-08/2004
Connie L. Hollenbaugh 30 Big Spring Terrace, Newville 08/2004-Present
Connie L. Hollenbaugh & 30 Big Spring Terrace, Newville 03/25/05-09/20/07
Nathan L. Weldon
7. The mother of the child is Connie L. Hollenbaugh, currently residing at 30 Big
Spring Terrace, Newville, Pennsylvania 17241. She is unmarried.
8. The father of the child is Nathan L. Weldon, currently residing at 34 Mountain
View Terrace, Newville, Pennsylvania 17241. He is unmarried.
9. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff
currently resides with the following person: Cody Tylor Weldon.
10. The relationship of the Defendant to the child is that of Father. The
Defendant currently resides with the following persons: Jonathan; Jennifer; Haley; and
Johnathan Jr, Weldon.
11. Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the child in this or another court.
12. Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth.
13. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to
the child.
14. The best interest and permanent welfare of the children will be served by
granting the relief requested for the following reasons:
A. Plaintiff has undertaken and performed the primary parental
responsibilities for the child; and
B. Plaintiff is best able to provide the care and nurture which the child
needs for healthy development; and
C. A Court Order of custody and structured visitation is desired so that
the Plaintiff and the child may plan their schedules accordingly, and
so that misunderstandings and unmet exceptions regarding custody
and visitation can be avoided, and also so that the chi Id is not used
in a manipulative fashion; and
D. Defendant is engaged in an extramarital affair and is unable to
provide a stable and suitable household for the child; and
E. Defendant currently has no permanent, suitable housing that would
allow periods of overnight custody; and
F. Defendant lives in same School District, but a different Elementary
School. Plaintiff wishes child to remain at current Elementary
School.
15. 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, Plaintiff requests the Court to grant custody of the child to Plaintiff
subject to structured partial custody by the Defendant.
PENDING THE HEARING, CUSTODY IS TEMPORARILY AWARDED TO
PLAINTIFF, CONNIE L. HOLLENBAUGH, SUBJECT TO SUCH REASONABLE
PARTIAL CUSTODY BY DEFENDANT, NATHAN L. WELDON, AS MAY BE
MUTUALLY AGREED UPON BETWEEN THE PARTIES.
Respectfully submitted,
By:
Paul Bradford Orr, Esquire
Attorney for Plaintiff
50 East High Street
Carlisle, PA 17013
Telephone: (717) 258-8558
Court ID No. 71786
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VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unsworn falsification to authorities.
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DATE: 11- Jai CCY\N K 0 -S, _ ?? LA )n
Connie L. Hollenbaugh, Plaintiff
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CONNIE L. HOLLENBAUGH IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2007-6672 CIVIL ACTION LAW
NATHAN L. WELDON
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Friday, November 09, 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 County Courthouse, Carlisle on Thursday, December 13, 2007 at 10:30 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. 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 pennanent 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, Es q,
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
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CONNIE L. HOLLENBAUGH,
Plaintiff
V.
NATHAN L. WELDON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODYNISITATION
: NO. 2007-6672 CIVIL TERM
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA j
COUNTY OF CUMBERLAND )
AND NOW, this 4th day of December, 2007, I, Paul Bradford Orr, attorney for
Connie L. Hollenbaugh, Plaintiff, in the above-captioned action, hereby swear that I
have served a true copy of the Custody Complaint, executed by the Plaintiff in the
above-captioned matter, upon the Defendant by depositing the same in the U.S. Mail,
postage prepaid, certified, return receipt requested. The original return receipt card
signed by Nathan L. Weldon on November 9, 2007, indicating service was effected, is
marked Exhibit "A", attached hereto and made a part hereof.
Dated: 2 q 1 01
LAW OFFIC OF PAUL
By:
R@RD ORR
Paul Bradford Orr, Esquire
Attorney for Plaintiff
50 East High Street
Carlisle, PA 17013
(717) 258-8558
Court I.D. #71786
US Postal Service 12/4/2007 13:18 PAGE 001/001 Fax Server
V_.M UNITED STATES
POSTAL SERVICE,
Date: 12/04/2007
Fax Transmission To: R STARNER
Fax Number: 717-258-5289
Dear: R STARNER:
The following is in response to your 12/04/2007 request for delivery information on your
Certified item number 7003 1010 0001 1204 7924. The delivery record shows that this item
was delivered on 11/09/2007 at 12:12 PM in NEWVILLE, PA 17241. The scanned image of the
recipient information is provided below,
Signature of Recipient: - -
Address of Recipient: ry
Thank you for selecting the Postal Service for your mailing needs. If you require
additional assistance, please contact your local Post Office or postal representative.
Sincerely
United States Postal Service
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FEB 1$ 2008
CONNIE L. HOLLENBAUGH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v : CIVIL ACTION - LAW
NATHAN L. WELDON, NO. 2007-6672
Defendant IN CUSTODY
COURT ORDER
AND NOW, this 15 A day of February, 2008, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1
2.
3
4.
The mother, Connie L. Hollenbaugh, and the father, Nathan L. Weldon, shall enjoy shared
legal custody of Cody Tylor Weldon, born November 15, 1999.
The mother shall enjoy primary physical custody of the minor child.
The father shall enjoy periods of temporary physical custody of the minor child as follows:
A. On alternating weekends from Saturday at 9:00 a.m. until Sunday at 5:00 p.m.
Starting in April 2008, father's alternating weekends shall be from Friday either at
9:00 a.m. or when the child gets out of school through Sunday at 5:00 p.m.
B. Father shall also enjoy temporary custody on one evening per week from 4:30 p.m.
until 7:30 p.m. Unless agreed otherwise by the parties, the evening shall be the
Thursday evening following the weekend the father has custody and the Tuesday
evening following the weekend the mother has custody.
C. At such other times as agreed upon by the parties.
The holiday schedule shall be handled as follows:
A. For the Thanksgiving Holiday, mother shall enjoy custody on every Thanksgiving
Holiday with the understanding that mother may on occasion invite father to
participate in her Thanksgiving dinner with the children. Father shall have custody
of the minor child on the Friday after Thanksgiving in addition to his alternating
weekend schedule if it falls on that weekend.
B. For the Christmas Holiday, the holiday shall be divided into two segments with
segment A being from Christmas Eve at noon until Christmas Day at noon and
segment B being from Christmas Day at noon until December 26 at noon. Father
shall have segment A in 2008 and mother shall have segment B in 2008, with the
parties alternating thereafter unless agreed otherwise by the parties.
C. Father shall always have custody on Father's Day and mother shall always have
custody on Mother's Day, this provision supercedes the alternating weekend
schedule.
5. Both parents shall have at least two weeks of uninterrupted vacation during the summer
months which weeks shall be non-consecutive unless agreed otherwise by the parties.. The
parents shall exchange information with each other as soon as possible with respect to the
scheduling of a summer vacation with the understanding that times shall be selected on or
before May 31 of each year.
6. Neither parent shall consume alcohol to excess while they have custody of the minor child.
7. The parties may modify this order as they agree. Absent an agreement and in the event
either party desires to modify this order, that party may petition the court to have the case
again scheduled with the custody conciliator for a conference.
BY THE COURT,
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cc. . Paul B. Orr, Esquire
?Sean Shultz, Esquire /Yt? t
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CONNIE L. HOLLENBAUGH,
Plaintiff
v
NATHAN L. WELDON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2007-6672
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:
Cody Tylor Weldon, born November 15, 1999.
2. A Conciliation Conference was held on February 8, 2008, with the following individuals
in attendance:
The mother, Connie L. Hollenbaugh, with her counsel, Paul B. Orr, Esquire, and the
father, Nathan L. Weldon, with his counsel, Sean Shultz, Esquire.
3. The parties agree to the entry of an Order in the form as attached.
Date: ` $ 0 6
Hubert X. Gilroy squire
Custody Conc' 'tor
CONNIE L. HOLLENBAUGH,
Plaintiff/Petitioner
vs.
NATHAN L. WELDON,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA,
: NO.: 2007-6672 CIVIL TERM
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW this 1 5-T day of TV L" 2009, comes the Plaintiff
Connie L. Hollenbaugh, by and through her attorney, Paul Bradford Orr, Esquire, and
files this Petition to Modify Custody, representing the following:
1. The Petitioner is Connie L. Hollenbaugh, hereinafter referred to as Mother,
who resides at 30 Big Spring Terrace, Newville, PA 17241.
2. The Respondent is Nathan L. Weldon, hereinafter referred to as Father, who
resides at 171 Waggoner Drive, Carlisle, PA 17013.
3. The subject to this Custody Action is Cody T. Weldon with a D.O.B. of
November 15, 1999.
4. On February 15, 2008, a Court Order was issued in this matter whereby
Mother was granted Primary Physical Custody and Father was given periods of
Temporary Physical Custody. (See Attached and Marked as Petitioner Exhibit "A")
5. On or about October 21, 2008, the above Order was modified, by Mutual
Agreement, so that Father's weekly custodial time was dropped in exchange for some
additional time on his weekends. Furthermore, in that correspondence, Father agreed
to participate in Parenting Counseling. (See Attached and Marked as Petitioner's
Exhibit "B")
6. To date, neither Plaintiff nor her counsel has received any written
confirmation that Father participated in the Counseling referred to above.
7. Subsequent to the last Court Order referred to above, and the informal
Modifications referred to above, the child at issue had significant disciplinary problems
at Oak Flat Elementary School. (See Attached and Marked as Petitioner's Exhibit "C")
8. On or about March 9, 2009, as a result of a decision by the Big Spring School
District, the child at issue was transferred to the Upper Allen Elementary School.
According to Mother, this is a public school which specializes in educating children with
behavioral problems that cannot be addressed in a normal classroom environment.
Furthermore, according to Mother, her son has progressed much better in this more
structured environment. Unfortunately, there has been little or no involvement of Father
with this educational development.
9. On or about May 25, 2009, the child at issue was to participate in a "Young
Marine's" activity whereby he would be marching in a local parade. The child was very
excited and invited his Father to watch him in the parade and Father promised his son
that he would be there to watch him march in said parade. Unfortunately, as had been
all too regular, Father failed to appear resulting in extreme disappointment of his son.
10. On or about June 6, 2009, there was an incident at Father's parents
household whereby the child at issue was injured as a result of reckless activity.
(Photograph's shall be produced at the Custody Conciliation)
11. According to Mother, Father's most recent girlfriend has had inappropriate
contact with her child. Admittedly, this contact is not of a sexual nature. However,
Mother still is very concerned with the multiple woman that Father has subjected the
child to throughout recent years.
WHEREFORE, Petitioner is respectfully demanding this Honorable Court to
modify the prior Custody Order so that Father shall enjoy partial period of supervised
visitation only until Plaintiff and her counsel receives Certified Documentation that
Father has enrolled and successfully completed a local Parenting Course of classes.
Respectfully Submitted,
Date: ` r /09 By:
Attorney for Plaintiff/Petitioner
50 East High Street
Carlisle, PA 17013
(717) 258-8558
ID # 71786
VERIFICATION
I verify that the statements made in the foregoing Petition for Modification are true
and correct. I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
DATE: - I -Oil MI L L - d? . L`1 i Loml, ?,
Connie L. Hollenbaugh, Petitioner
CONNIE L. HOLLENBAUGH,
Plaintiff/Petitioner
vs.
NATHAN L. WELDON,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA,
NO.: 2007-6672 CIVIL TERM
IN CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that on this LIday of, f V , 2009, 1 mailed a copy
of Petitioner's Petition for Modification of Custody to the following persons at the
following address by First Class Mail as follows:
Knight & Associates, P.C.
Sean M. Shultz, Esquire
11 Roadway Drive, Suite B
Carlisle, PA 17015
6A
Paul Bradford Orr, Esquire
Attorney for Plaintiff/Petitioner
50 East High Street
Carlisle, PA 17013
(717) 258-8558
ID No.: 71786
F
FEB 1 2 2008
CONNIE L. HOLLENBAUGH,
Plaintiff
NATHAN L. WELDON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW D M C M 97m
NO. 2007-6672 MAR 0 7 2008
IN CUSTODY
BY: ----- ... ---------
COURT ORDER
AND NOW, this day of February, 2008, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. The mother, Connie L. Hollenbaugh, and the father, Nathan L. Weldon, shall enjoy shared
legal custody of Cody Tylor Weldon, born November 15, 1999.
2. The mother shall enjoy primary physical custody of the minor child.
3. The father shall enjoy periods of temporary physical custody of thminor child as follows:
i
A. On alternating weekends from Saturday at 9:00 a.m. until Sunday at 5:00 p.m.
Starting in April 2008, father's alternating weekends shall be from Friday either at
9:00 a.m. or when the child gets out of school through Sunday at 5:00 p.m.
Father shall also enjoy temporary custody on one evening per week from 4:30 p.m.
until 7:30 p.m. Unless agreed otherwise by the parties, the evening shall be the
Thursday evening following the weekend the father has custody and the Tuesday
evening following the weekend the mother has custody.
C. At such other times as agreed upon by the parties.
4. The holiday schedule shall be handled as. follows:
A. For the Thanksgiving Holiday, mother shall enjoy custody on every Thanksgiving
Holiday with the understanding that mother may on occasion invite father to
participate in her Thanksgiving dinner with the children. Father shall have custody
of the minor child on the Friday after Thanksgiving in addition to his alternating
weekend schedule if it falls on that weekend.
B. For the Christmas Holiday, the holiday shall be divided into two segments with
segment A being from Christmas Eve at noon until Christmas Day at noon and
segment B being from Christmas Day at noon until December 26 at noon. Father
shall have segment A in 2008 and mother shall have segment B in 2008, with the
parties alternating thereafter unless agreed otherwise by the parties.
Petitioner's
Exhibit
"A"
C. Father shall always have custody on Father's Day and mother shall always have
custody on Mother's Day, this provision supercedes the alternating weekend
schedule.
5. Both parents shall have at least two weeks of uninterrupted vacation during the summer
months which weeks shall be non-consecutive unless agreed otherwise by the parties.. The
parents shall exchange information with each other as soon as possible with respect to the
scheduling of a summer vacation with the understanding that times shall be selected on or
before May 31 of each year.
(:6) Neither parent shall consume alcohol to excess while they have custody of the minor child.
7. The parties may modify this order as they agree. Absent an agreement and in the event
either party desires to modify this order, that party may petition the court to have the case
again scheduled with the custody conciliator for a conference.
BY THE COURT,
cc: Paul B. Orr, Esquire
Sean Shultz, Esquire
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CONNIE L. HOLLENBAUGH,
Plaintiff
v
NATHAN L. WELDON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 2007-6672
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:
Cody Tylor Weldon, born November 15, 1999.
2. A Conciliation Conference was held on February 8, 2008, with the following individuals
in attendance:
The mother, Connie L. Hollenbaugh, with her counsel, Paul B. Orr, Esquire, and the
father, Nathan L. Weldon, with his counsel, Sean Shultz, Esquire.
3. The parties agree to the entry of an Order in the form as attached.
Date:
Hubert X. Gilroy squire
Custody Conci 'tor
OCT -17 2 2 2008
BY: ------ vl5 ------..
KmGH r & AssoclATEs P.C.
Attomeys at Law
October 21, 2008
Paul Bradford Orr, Esquire
Paul Bradford Orr Law offices
50 East High Street
Carlisle, Pennsylvania 17013
RE: Connie L. Hollenbaugh v. Nathan L. Weldon
Civil Action No. 2007-6672
Our File Nos. 4155.1
Dear Attorney Orr:
I have reviewed your correspondence dated September 25, 2008, with my client. He is
willing to drop his weekday custodial time if your client is willing to extend his custodial time an
extra hour on his weekends. His weekday custodial period would resume during the summer. Mr.
Weldon has stated he is willing to partake in parenting counseling. We will need to keep the cost
of the counseling to a minimum because my client is not in a position to afford the expense.
Mr. Weldon continues to deny making derogatory or demeaning comments directed at your
client and Cody. Your client raises inappropriate issues with my client in front of Cody, which likely
escalates any issues our clients have. Hopefully, if they can engage in parental counseling, we may
make some headway on this issue.
Should you have any questions or wish to discuss this matter further, please do not hesitate
to contact me.
Very truly yours,
KNIGHT & ASSOCIA
Sean M. Shultz
SMS/dmh
cc: Nathan Weldon
FAUser Folder\Firm Docs\Clients Files\4155-1 Nathan We1don\Letters\p.orr.3.wpd
11 Roadway Drive Petitioners '015
Exhibit
Bn
717-249-537
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To: To Whom it May Concern
From: Mr. Steven Smith, Principal
Mrs. Kristi Wickard, Dean of Students
Attn: Discipline Record
Date: October 30. 2008
1. Types of disciplinary consequences
A. Quiet Table
a. The quiet table is located in the cafeteria.
b. It is a table secluded from the other tables in the cafeteria.
c. Students that are sent to the quiet table are ask to not talk or make eye
contact with their peers.
B. Loss of recess
a. Students may be required to owe a certain amount of minutes due to
inappropriate behaviors.
b. Students may be required to walk around the perimeter of the
playground for a certain amount of minutes.
C. In School Suspension
a. The ISS room, located in the office, requires students to complete all
class work, eat lunch, and have no interactions with other students.
D. Out of School Suspension
II. Discipline record for Cody Weldon
A. August 28, 2008-
a. Cody called another student a cry baby. Cody continued to argue with
this student during dismissal. Cody admitted to stating this comment.
b. Discipline discussion with Mrs. Wickard.
c. Consequences include 3 days at the Quiet Table.
i. 9/3/08
ii. 9/4/08
iii. 9/5/08
B. September 8, 2008
a. While at the Quiet Table, Cody continued to talk which resulted in a
consequence of 3 more days at the Quiet Table.
i. 9/8/08
ii. 9/9/08
iii. 9/10/08
C. September 11, 2008
a. While in the cafeteria, Cody was screaming in another child's ear. It
was also witnessed by Mrs. Wickard that Cody hit the child over the
head.
b. Mrs. Wickard assigned Cody to the Quiet Table for 5 days.
i. 9/11/08
ii. 9/12/08
iii. 9/15/08
iv. 9/19/08
Petitioner's
Exhibit
licit
M
v. 9/22/08 (Cody could not serve his Quiet Table time on 9/22/08
since was serving an ISS.)
D. September 19, 2008
a. Cody spent 10-12 minutes of his recess talking to Miss Brazeau and
Mrs. Myers. Once their conversations were over, Cody had 5 minutes
of recess. During this time he proceeded to kick, pinch, and hit
another student. He showed this student the loser sign, grabbed the
student and proceeded to show his middle finger two times. Mrs.
Wickard addressed the situation with Cody.
i. Cody was assigned to an ISS for September 22, 2008.
ii. His Quiet Table assignment for 9/22/08 was moved to 9/23/08.
E. September 24, 2008
a. Cody was seen kicking another student while in line for lunch. Mr.
Smith spoke with Cody about his behavior.
b. He was assigned to eat lunch in the office until further notice.
i. Eating lunch in the office began on 9/24/08.
ii. As of 10/30/08, Cody has continued to eat lunch in the office.
F. October 27, 2008
a. Despite efforts from Miss Brazeau, Mrs. Wickard and Mr. Smith,
Cody persists in antagonizing another student with comments across
the room, mean comments to the student or about the student, making
comments to others such as "dirt bag", "slow as a snail".
b. Due to his ongoing verbal and physical bullying of this student, Cody
has spent considerable time at the Quiet Table or in the office for
lunch, and /or walking the perimeter of the playground at recess. Mr.
Smith met with Cody and the other student, and had the boys develop
a four-item Kindness Contract, identifying actions each promises to
abide by to co-exist in third grade together. Shortly after the contract
was completed and hand shaken, Cody, unprovoked, tackled the other
student at recess and threw mulch on him
c. ISS was assigned for 10/28/08 or until his work was completed.
G. October 28, 2008
a. From ISS, Cody was sent to the cafeteria to buy his lunch, and return
to the office with his lunch. While in the cafeteria, Cody saw the other
student and called him names, including "dork". Cody was assigned
an additional day of ISS. Mr. Smith informed Mrs. Hollenbaugh that
Mr. Smith will arrange for a Newville police officer to speak with
Cody about his potential consequences for ongoing bullying behavior
at school and in the community.
"APY
2009 ! _6 fl 1
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CU{v. ' Y
ss'ell
CONNIE L. HOLLENBAUGH IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2007-6672 CIVIL ACTION LAW
NATHAN L. WELDON
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, July 09, 2009 , 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 County Courthouse, Carlisle on Thursday, August 13, 2009 at 10:30 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: lsl Hubert X. Gilroy, 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
2039 JU 10 P wl 12: 4 a
CONNIE L. HOLLENBAUGH,
Plaintiff
v
NATHAN L. WELDON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 2007-6672
IN CUSTODY
PRIOR JUDGE: M.L. Ebert
COURT ORDER
AND NOW, this Ist day of 0 L?- , 2009, upon consideration of the attached Custody
Conciliation Report, this Court's prior Order of February 15, 2008, shall remain in place subject to
the following modifications:
Neither party shall be under the influence of illegal drugs at any time while they have
custody of the minor child.
2. Both parents shall work with their legal counsel to select a Family Counselor who will work
with the parents and the minor child , as necessary, in order to resolve any issues relative to
custody. Cost of this counseling shall be split equally between the parties after any available
insurance coverage is deducted.
3. The parties shall meet again with the Custody Conciliator for another conference on January
7, 2010 at 8:30 a.m.
4. Mother shall provide father with all information concerning the school counselor/therapist
who is currently working with the minor child, and this Order specifically authorizes the
current school therapist/counselor to communicate with both legal counsel for the parties
and with the Family Counselor appointed in paragraph 2 above concerning the status of the
minor child.
5. Mother shall also share with the father in advance detailed schedules with respect to the
child's school and social events, including a schedule with respect to the Young Marine
Program that the child is involved in.
cc: ,Fau1 B. Orr, Esquire
orin A. Snyder, Esquire f
BY THE COURT,
Judge M.L. Ebert
r'
O,0
FILED-OFFICE
OF THE PRUMONO 'ARY
2009 OCT -1 PM 3= 42
00UNTY
PENNSYLVANIA
r '
CONNIE L. HOLLENBAUGH,
Plaintiff
v
NATHAN L. WELDON,
Defendant
PRIOR JUDGE: M.L. Ebert
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 2007-6672
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:
Cody Tylor Weldon, born November 15, 1999.
2. A Conciliation Conference was held on September 24, 2009, with the following
individuals in attendance:
The mother, Connie L. Hollenbaugh, with her counsel, Paul B. Orr, Esquire, and the
father, Nathan L. Weldon, with his counsel, Lorin A. Snyder, Esquire.
3. The parties agree to the entry of an Order in the form as attached.
?a?
Date: September Q J , 2009
Hubert X. Gilro , Esquire
Custody Con iator
Y
4
CONNIE L. HOLLENBAUGH,
Plaintiff
vs.
NATHAN L. WELDON,
Defendant
JAN 12 Zulu
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 2007-6672
IN CUSTODY
COURT ORDER
n N
C=
?.
:.
Co -?
N
AND NOW, this V? day of January, 2010, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. The existing custody Orders in this case shall continue in place.
2. In the event either party desires to modify the custody Orders, that party may contact
the Custody Conciliator directly to schedule a conciliation conference.
BY THE COURT,
- th -? ?IA\
M. L. E ert, Jr., Judge
cc:1 B. Orr, Esquire
Lorin A. Snyder, Esquire
CO F S rig c l£GL
.
CONNIE L. HOLLENBAUGH,
Plaintiff
vs.
NATHAN L. WELDON,
Defendant
Prior Judge: The Honorable M. L. Ebert, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 2007-6672
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
The Conciliator met with Plaintiff and her counsel at a second conciliation conference on
January 7, 2010. Father did not attend. However, things seem to be fine under the existing Order
and the Conciliator recommends an Order in the form as attached.
Date: January 7, 2010
Hubert X. Gilro ,Esquire
Custody Conc' iator