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HomeMy WebLinkAbout10-0729 20!13 JAIN 29 i'`i"I I: "d JOANNE HARRISON CLOUGH, ESQUIRE Cti Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for Plaintiff DAVID E. WESTON, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. lb - U9 a-vil 1prm JOAN E. WESTON, CIVIL ACTION -LAW Defendant IN DIVORCE AND CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF 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 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 * 507.00 P A AT t?f 80 x813 POOL UV JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for Plaintiff DAVID E. WESTON, SR., Plaintiff V. JOAN E. WESTON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. : CIVIL ACTION -LAW : IN DIVORCE AND CUSTODY AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las piginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisi6n puede tambien ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esti disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMTTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for Plaintiff DAVID E. WESTON, SR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. w _ `? -?? C tvJOAN E. WESTON, : CIVIL ACTION -LAW Defendant : IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is David E. Weston, Sr., is an adult individual who currently resides at 216 Rambo Hill Rd., Shermansdale, Perry County, Pennsylvania 17090. 2. Defendant is Joan E. Weston, is an adult individual who currently resides at 2835 Sunset Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 5, 1992 in Enola Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are three (3) children of this marriage under the age of eighteen years, namely Emily S. Weston, born November 21, 1995, David E. Weston, Jr., born October 2, 1998 and Ashley M. Weston, born October 10, 2000. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate Notices two (2) years from the date of separation of August 14, 2009. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. COUNTI EQUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by reference. 13. Plaintiff and Defendant have acquired personal property, during their marriage. 14. The parties have acquired marital debt during their marriage. 15. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. COUNT II CUSTODY 16. Paragraphs one (1) through fifteen (15) are incorporated by reference as if set forth in full here below. 17. Plaintiff is David E. Weston, Sr., residing at 216 Rambo Hill Rd., Shermansdale, Perry County, Pennsylvania 17090. 27. Defendant is Joan E. Weston, residing at 2835 Sunset Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 18. Plaintiff seeks shared legal and partial physical custody of the following children: Name Emily S. Weston David E. Weston, Ashley M. Weston Present Address 2835 Sunset Drive Camp Hill, PA 17011 Date-of-Birth November 21, 1995 October 2, 1998 October 10, 2000. 19. The children were born in wedlock. The children are presently in the custody of Defendant, residing at 2835 Sunset Drive, Camp Hill, Cumberland County, PA 17011. 20. During the past five 5 years, the children have resided with the following persons the following address(es): Name Address Dates a. Joan E. Weston 2835 Sunset Drive August 14, 2009 to present Joan Chandler Camp Hill, PA b. David E. Weston Sr. 216 Rambo Hill Road November 21, 1995 to Joan E. Weston Shermansdale, PA 17090 August 14, 2009 Emily S. Weston David E. WestonJr. Ashley M. Weston 21. The mother of the children is Joan E. Weston, currently residing 2835 Sunset Drive, Camp Hill, Cumberland County, PA 17011. She is married. 22. The father of the children is David E. Weston, Sr., residing at 216 Rambo Hill Road, Perry County, PA 17090. He is married. 23. The relationship of Plaintiff to the children is that of natural Father. Plaintiff currently resides with the following person(s): Name Relationship self 24. The relationship of Defendant to the children is that of natural Mother. Defendant currently resides with the following person(s): Name Relationship self Mother 25. Plaintiff has not participated as a parry or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 26. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 27. 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. 28. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Father has lived continuously with the children from their birth until Mother removed them from the marital residence on August 14, 2009 and Father desires to have continued regular periods of physical custody with the children. b. It is in the best interest and permanent welfare of the children that they have regular contact and periods of partial custody with their Father. 29. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, pursuant to 23 Pa.C.S.A. 5303, Plaintiff requests the Court to grant him shared legal custody and partial physical custody of the parties minor children. Respectfully submitted, Date: ? J? 7.- aj / 0 JOANNE HARRISON CLOUGH, PC Joanne Harrison Clough, Attorney ID No.: 364611 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff Z uire VERIFICATION I, David Weston, Sr., verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: David Weston Sr. DAVID E. WESTON, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-729 CIVIL ACTION LAW JOAN E. WESTON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, February 03, 2010 , 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, March 09, 2010 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 Prounds for entry of a temporarv 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/ Dawn S. Sunda 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 'T'elephone (717) 249-3166 OF 7? ?IaW NISfEl _y AM at 'u W-.RLAI a.. DAVID E. WESTON, SR. Plaintiff vs. JOAN E. WESTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAR 12 2010 2010-729 CIVIL ACTION LAW n . r_ IN CUSTODY ORDER OF COURT u°, AND NOW, this /6 day of --Iwa._cf , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, David E. Weston, Sr., and the Mother, Joan E. Weston, shall have shared legal custody of Emily Weston, born November 21, 1995, David Weston, born October 2, 1998, and Ashley Weston, born October 10, 2000. Major decisions concerning the Children including, but not necessarily limited to, their 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 each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children 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 Children. 3. The Father shall have partial physical custody of the Children every Sunday from 2:00 p.m. until 6:00 p.m. beginning Sunday, March 14, 2010. At this time, the Father's periods of custody shall be conducted in a supervised setting with the maternal aunt present as recommended by the counselor, not due to any safety issue but to promote the Children's comfort level. The Father may have additional periods of custody with the Children in a supervised setting as arranged by agreement between the parties. 4. The parties shall make arrangements for the Children to participate in counseling with a counselor selected by agreement. The purpose of the counseling shall be to address issues related to the Children's comfort level and the transition occurring within the family. The parties shall sign any authorizations necessary to enable the counselor to provide information concerning the Children to the parties or their counsel as relevant to the parties' efforts to establish custodial arrangements which meet the Children's needs. 5. After the Children have participated in counseling and the parties have obtained guidance as to the Children's emotional comfort level with custodial arrangements, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 6. 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, cc 1--J-0? e Harrison Clough, Esquire -Counsel for Father Blame L. Erb, Esquire - Counsel for Mother Co ??,s roc ?1.. I . +- . DAVID E. WESTON, SR. Plaintiff vs. JOAN E. WESTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2010-729 CIVIL ACTION LAW IN 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Emily Weston November 21, 1995 Mother David Weston October 2, 1998 Mother Ashley Weston October 10, 2000 Mother 2. A custody conciliation conference was held on March 9, 2010, with the following individuals in attendance: the Father, David E. Weston, Sr., with his counsel, Joanne Harrison Clough, Esquire, and the Mother, Joan E. Weston, with her counsel, Melanie L. Erb, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ma-4Ck lot o20 i D LL?? Date Dawn S. Sunday, Esquire Custody Conciliator ~11..~1:-~:~~"~~EuE ,,,, .. 2010 Ji~~ 30 ~ i2= ~~ ~~ JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for Plaintiff DAVID E. WESTON, SR., Plaintiff v. JOAN E. WESTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-729 Civil Term CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Melanie L. Erb, Esquire, acknowledge that I am legal counsel for Defendant Joan E. Weston. I further acknowledge that I received a true and correct copy of a time stamped Complaint in Divorce filed on January 29, 2010 in the above captioned action by first class mail on the 26th day of February and accept service of said client on behalf of the defendant. Date: y ~' I ~'~ ~~ L. ERB, ESQUIRE r r c, MARITAL SETTLEMENT AGREEMENT -3= w tea,. 1. This is a Marital Settlement Agreement between DAVID E. WESTR "HUSBAND" and JOAN E. WESTON, "WIFE" who were married on September 5,;W92in Enola, Cumberland County, Pennsylvania. 2. A Divorce Complaint was filed by David E. Weston, Sr. on January 29, 2010 in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Action No. 2010-729. 3. HUSBAND and WIFE specifically agree that in consideration of HUSBAND's mother, Janet Weston, tendering the sum of TEN THOUSAND DOLLARS ($10,000.00) to WIFE, WIFE shall accept said monies as settlement in full of any and all equitable distribution, support or other property rights she may have as a result of her marriage to HUSBAND. 4. HUSBAND and WIFE each agree to sign Consents to the Divorce and Waiver Notices so HUSBAND'S attorney can promptly petition the Court for entry of final Divorce Decree. 5. HUSBAND and WIFE each specifically agree that there was full diclosure of all assets and debts and are waiving any other rights he or she may have against the other for any claim by virtue of their marital relationship and any property owned by HUSBAND shall remain HUSBAND's property including his pension and any property owned by WIFE shall remain WIFE's property. 6. WIFE agrees to return the 42 inch screen television to HUSBAND'S residence when she picks up her remaining personal property and the children's personal property from HUSBAND'S residence at a time to be agreed by the parties through counsel. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. r Wi ess u Witness Jo E. Weston bate --3- David E. Weston, Sr. Date t: COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF C v n1b t,r On the 4 day of 2011, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Joan E. Weston, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. COMMONWEALTH OF PENNSYLVANIA N01:1101al seal Crystal L MIRY. Notary Public 2014 cowrlisdon March 2% Member, PennsVlvarda Association or Notaries Notary ublic My Commission Expir COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF Ck„M8rd l r`- OD On the day of (Y-) 41 2011, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared David E. Weston, Sr. known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. J- Notary Public My Commission Expires: NOTARIAL SEAL CHARLES A. HARBOLD, Notry Public Camp Hill Boro., Cumberland CounCommission Expires December 30,114 (7) DAVID E. WESTON, SR., Plaintiff v. JOAN E. WESTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 2010-729 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY rn CU :z AFFIDAVIT OF CONSENT _ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code vda H --;, ; e on January 29, 2010. > ,° - 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (50) days have elapsed from the date of the filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: J N E. WESTON DAVID E. WESTON, SR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-729 JOAN E. WESTON, CIVIL ACTION -LAW Defendant IN DIVORCE AND CUSTODY t WAIVER OF NOTICE OF INTENTION TO REQUEST EN OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE' 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of prop erty, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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: L , A e",? l /?? 10 E. WESTON DAVID E. WESTON, SR., Plaintiff v. JOAN E. WESTON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-729 CIVIL ACTION -LAW ; ?Cr'?4 t. IN DIVORCE AND CUSTODY " NOTICE OF INTENTION TO REQI OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE -J 1. I consent to the entry of a final Decree of Divorce without notice. CD w " c": 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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: ,5-- 3 -1 AJIL 4?;A2fr,?- AVID E. WESTON, SR. DAVID E. WESTON, SR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-729 Fri JOAN E. WESTON, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY , t , yy C') A CD L Mri. _._ .- AFFIDAVIT OF CONSENT cA' d co 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 29, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: DAVID E. WESTON, SR. JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff DAVID E. WESTON, SR., Plaintiff V. JOAN E. WESTON, Defendant v r. 0 N0TA 11MBERLAND COUNTY FIENdSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-729 CIVIL ACTION -LAW IN DIVORCE AND CUSTODY PRAECIPE TO TRANSMIT RECORD UNDER § 3301 (c) OF THE DIVORCE CODE To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: (a) Date of service: February 26, 2010 (b) Manner of service: First Class United States Mail. Affidavit of Service filed: June 30, 2010. 3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code: (a) By the Plaintiff. signed on May 3, 2011 and filed simultaneously with this document. (b) By the Defendant: signed on May 4, 2011 and filed simultaneously with this document. 4. Date of execution of Waiver of Notice of Intention to File Praecipe to Transmit Record: (c) By the Plaintiff. signed on May 3, 2011 and filed simultaneously with this document. (d) By the Defendant: signed on May 4, 2011 and filed simultaneously with this document. Related claims pending: NONE i DATED: Joanne Harrison Clough, Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff IJ DAVID E.WESTON, SR., V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOAN E. WESTON NO 10=729 DIVORCE DECREE AND NOW, 1'? ? l O '16 ?k , it is ordered and decreed that DAVID E. WESTON, SR. plaintiff, and JOAN E. WESTON defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") AND, it is further ordered, adjudged and decreed, that the tems of the parties' Marital Settlement Agreement, dated May 4, 2011, and attached hereto are incorporated herein but not merged herewith. By the Court, Attest: Prothonotary slIo Ju - Cert. Cary 0,al"d I C 1400 ce t? &,Py called ?o s?? E( lr#F tH~~pR(lT}H~N~ ~;~^ r} ,t~Y 2012 OCT 3 I pM ~; 30 CUM6E~LAtrD CC}Uf~TY PENNSYLVANIA DAVID E. WESTON, SR. : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 2010-729 JOAN E. WESTON :CIVIL ACTION -LAW Defendant : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes the Petitioner, Joan E. Weston, by and through her attorney Melanie L. Erb, Esquire and the Dethlefs-Pykosh Law Group, LLC who brings this Petition for Special Relief and avers as follows: 1. Petitioner is Joan E. Weston, an adult individual currently residing at 2835 Sunset Drive, Camp Hill, Pennsylvania 17011. 2. Respondent in this matter is David Weston Sr., an adult individual currently residing at 1 Ellen Drive, Enola, PA 17025. ~. Parties are the natural parents of three minor children, Emily Weston born November 21, 1995. David Weston Jr., born October 2, 1998, and Ashley Weston, born October l 0, 2000. 4. The custody action was initiated in this matter through a Divorce and Custody Complaint filed on January 29, 2010. ~83.onpdf~~~y C~`/.5b 77 ~a~~~ 5. A custody conciliation conference was held in this matter on March 9, 2010 during which the parties reached an agreement that Mother should have primary physical custody of the children and Father should have periods of supervised visitation. That agreement was entered as an order dated March 16, 2010. 6. Throughout the course of the party's separation, and prior to, Respondent has suffered from mental health problems and has been hospitalized on multiple occasions. It is believed and therefore averred that for a period of more than six months, Respondent has refused to take the medication prescribed for his mental health issues. 8. Within the past several weeks, the Petitioner has learned that Respondent has been arrested on multiple occasions for theft as a result of not paying for meals and services at restaurants and removing items from retail establishments. 9. Respondent as a result has his failure to take his medications, has refused to exercise proper hygiene; not changing his clothing for weeks and has had his drivers license suspended. 10. Despite having his driver's license suspended, the Respondent continues to operate a motor vehicle. 11. It is believed and therefore averred that Respondent has and continues to sexually proposition multiple females, including family members. 12. Petitioner believes that as a result of the pattern of Respondent's behavior, the children are at risk of harm both mentally and physically. 13. For these reasons, petitioner believes it is the children's best interest to not have contact with Respondent until he receives proper care for his mental health issues. WHEREFORE, Petitioner, Joan E. Weston, respectfully request this Honorable Court enter an Order suspending Respondent's periods of visitations under the March 16, 2010 order and that Respondent is to have not contact with Petitioner or the children until independent verification is provided of Respondent complying with treatment. Respectfully Submitted, Date: ~ ~ ie rb Attorney ID # 84445 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717)975-9446 Attorney for Plaintiff VERIFICATION I. Joan E. Weston, verify that the statements made in the foregoing Petition for Modification of Existing Custody Order are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ~~ ~ - JO E. WESTON ~D -~9-~ DATE