Loading...
HomeMy WebLinkAbout07-6965 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff DUSTIN S. WEIGEL, Plaintiff vs. DIANA L. WEIGEL, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. o?- G 9L 5' &za / Tom" CIVIL ACTION - AT LAW CUSTODY COMPLAINT IN CUSTODY AND NOW, comes Plaintiff, Dustin S. Weigel, by and through his attorney, Jeann6 B. Costopoulos, Esquire, and avers the following in support of this Complaint in Custody: 1. Plaintiff, Dustin S. Weigel, is an adult individual currently residing at 4125 Burns Road, Mechanicsburg, Cumberland Counnty, Pennsylvania, 17055. 2. Defendant, Diana L. Weigel, is an adult individual currently residing at 815% Fairfield Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. There are two dependent children from the relationship of the parties, namely Cassidy Lee Weigel, born March 21, 2004, and Dylan Scott Weigel, born March 11, 2005, hereinafter referred to as the children. 4. The children were not born out of wedlock. The-parties are married to each other but have been residing separately since June 25, 2006. 5. The children have been in the custody of Plaintiff since May 10, 2007, until November 14, 2007 at which time Defendant refused to return the children and allegedly filed for child support. 6. Since birth, the children have resided with the following persons at the following addresses: Name Address Dates Plaintiff 5 Albert Lane 3/2005 to 4/2005 Defendant Dillsburg, PA 17019 Plaintiff 111 Stoney Run Road 4/2005 to 6/2005 Defendant Dillsburg, PA 17019 Autumn Seifert (Defendant's mother) Lorne Seifert, Jr. (Defendant's stepfather) Lorne Seifert, III (Defendant's brother) Plaintiff Defendant South Second Street 6/2005 to 1/2006 Wormelysburg, PA Plaintiff 4125 Burns Road 1/2006 - 4/2006 Defendant Mechanicsburg, PA 17055 Brigette Hare (Plaintiffs mother) David Hare (Plaintiff's step-father) Plaintiff Defendant Defendant Autumn Seifert Lorne Seifert, Jr. Lorne Seifert, III Brigette Hare David Hare Plaintiff Brigette Hare David Hare 412 Geary Avenue New Cumberland, PA 111 Stoney Run Road Dillsburg, PA 17019 4/2006-6/25/2006 6/25/2006 to 10/25/2006 4125 Burns Road 10/25/2006 to Mechanicsburg, PA 17055 5/10/2007 4125 Burns Road 5/10/2007 to Mechanicsburg, PA 17055 11/14/2007 2 7. Plaintiff is the natural father of the child and he currently resides with his mother and step-father at their home at 4125 Burns Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 8. Defendant is the natural mother of the child and she currently resides with her boyfriend, Chris, at 815% Fairfield Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 9. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 10. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. The best interest and permanent welfare of the children will be served by granting Plaintiff primary physical and shared legal custody of his children for the following reasons: a. The children have not resided with Defendant for over a year; b. Defendant is currently keeping the children from Plaintiff for the sole purpose of obtaining child support form Plaintiff; and C. Plaintiff has been the primary caretaker of the children since May of 2007, during which time Defendant had the children on alternating weekends 3 from Friday through Sunday as well as every Tuesday overnight. 13. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff, Dustin S. Weigel, respectfully requests this Honorable Court to grant him primary physical and shared legal custody of children. Respectfully Submitted: By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: Attorney for Plaintiff VERIFICATION I, Dustin S. Weigel, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: Dustin S. Weigel c` C 73 " ! z Gl _ £? p j p? 01 '< X3- t az " 3 T b 00 DUSTIN S. WEIGEL • IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-6965 CIVIL ACTION LAW DIANA L. WEIGEL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 27, 2007 it is hereby directed that parties and their respective counsel appear before consideration of the attached Complaint, at 4th Floor, Cumberland County Courthouse, Carlisle onore Jacqueline M. Verney, Esq. ,the conciliator, for aPre-Hearing Custody Conference. At such conference, an effort uesday, December 18, 2007 at 10:30 AM if this cannot be accomplished, to define and narrow the issues to be hear will be made to resolve the issues in dispute; or order. All children age five or older may also be present at the conference. by the court, and. to enter into a temporary provide grounds for entry of a temporary or permanent order. Failure to appear at the conference may The court hereby directs the parties to furnish any and all existing Protection fr Special Relief orders, and Custody orders to the conciliator 48 hours prior to sc om Abuse orders, heduled hearing. FOR THE COURT, By /s/ Jacqueline M Yetne Es r Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to coin 1 wi with Disabilites Act of 1990. For information about accessible facilities and reasona th the Americans ble p acc c ommodations available to disabled individuals having business before the court, please contact our office. be made at least 72 hours prior to any hearing or business before the court. You must All arrangements conference or hearing. russt t attend the scheduled YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YO HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE U DO NOT FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THE OFFICE SET Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r c 1'1>' LUI Z -f, i ma... a ,,w DUSTIN S. WEIGEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VI. : NO. 2007-6965 CIVIL ACTION -LAW DIANA L. WEIGEL, Defendant : IN CUSTODY DIANA L. WEIGEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vi. : NO. 2007-7144 CIVIL ACTION - LAW DUSTIN S. WEIGEL, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 3).t+ _ day of LPe.-,,,(,, . 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The two dockets are hereby consolidated. 2. The Father, Dustin S. Weigel and the Mother, Diana L. Weigel, shall have shared legal custody of Cassidy Lee Weigel, born March 21, 2004 and Dylan Scott Weigel, born March 11, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. 55309, 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 the other parent. To the extent one parent has possession of any Bach 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: A. Beginning January 3, 2008, alternating Thursdays at 4:30 p.m. to Mondays at 4:30 p.m. B. On the off Thursday from 4:30 p.m. to 8:00 p.m. C. Such other times as the parties agree. Holidays: A. Easter shall be alternated on a yearly basis from 9:00 a.m. to 8:00 p.m. Father shall haye physical custody of the children in even number years and Mother shall have physical custody of the children in odd numbered years. B. Thanksgiving shall be alternated on a yearly basis from 9:00 a.m. to 8:00 p.m. Father shall have physical custody of the children in even numbered years and Mother shall have physical custody in odd numbered years. C. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December -6 at 12:00 noon. Father shall have physical custody of the children for Block A in even numbered years and Block B in odd numbered years. Mother shall have physical custody of the children for Block A in odd numbered years and Block B in even numbered years. D. Memorial Day, July 4"' and Labor Day shall be alternated by the parties from 9:00 a.m. to 8:00 p.m. Mother shall have Memorial Day in 2008 and the parties shall alternate the holidays thereafter. 6. Each party shall have three non-consecutive weeks in the summer from Friday to Friday to include their regular custodial periods. provided they give the other party 30 days prior notice and the location and a telephone number where the children may be reached. 7. Transportation shall be shared such that the parties shall exchange custody at the Sheetz in Bowmansdale. 8. Neither party may consume alcohol to the point of intoxication or use illegal drugs immediately preceding their period of custody. 9. 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, ,(sl 71'1. J. cc: Jeanne B. Costopoulos. Esquire. Counsel for Father Suzanne J. Griest. Esquire. Counsel for Mother ?" dv".t- `? i.?3i1?7 TRUE Y FROM RECOR Todd q.wlwreof,1 here t ie eet my hs. j ttw eeai of eew ca at C??Ikle' Pa.. DUSTIN S. WEIGEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-6965 CIVIL ACTION - LAW DIANA L. WEIGEL, Defendant : IN CUSTODY DIANA L. WEIGEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-7144 CIVIL ACTION - LAW DUSTIN S. WEIGEL, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 191.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cassidy Lee Weigel March 21. 200-1 Mother Dylan Scott Weigel March 11. 200 Mother 2. A Conciliation Conference was held in this matter on December 27, 2007. with the following in attendance: The Father. Dustin S. Weigel, with his counsel. Jeanne S. Costopoulos, Esquire, and the Mother, Diana L. Weigel, with her counsel. Suzanne H. Griest, Esquire. 3. The parties agreed to an Order in the form as attached. Date JT cqu Ine M. Verney, Esquire Custody Conciliator