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HomeMy WebLinkAbout10-36840 JUSTIN LEE WERNER, VS. Plaintiff ASHLEY MARIE WEDMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10- 3 L Y 7 CIVIL TERM : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Justin Lee Werner, Plaintiff, to proceed in forma au ris. I, Jessica Holst, attorney for the party proceeding in forma ap uQeris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jes i+ Hoyt, Esquire Mi enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 n c N ° - r Q: . 1 JUSTIN LEE WERNER, VS. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 10- 3 y g CUSTODY ASHLEY MARIE WEDMAN, Defendant COMPLAINT FOR CUSTODY CIVIL TERM n ? F_ ? , 1. Plaintiff is Justin Lee Werner, hereinafter referred to as Father. Fathef? si(i at-4 Westfields Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Ashley Marie Wedman, hereinafter referred to as Mother. It is believed that Mother resides at 33 West Washington Avenue, DuBois, Clearfield County, Pennsylvania 15801. 3. Father seeks primary physical custody of the minor child: Name Present Residence Age Jordin Lee Werner believed to be at 7.3.07 DOB, -y3 yrs old 33 West Washington Avenue DuBois, PA 15801 Jordin was born out of wedlock. Jordin is presently in the custody of Mother as a result of his taking them from Father under the guise of a visit for several days to visit family and attend a birthday party for the Maternal Step-Grandfather. During his lifetime, Jordin has resided with the following persons and at the following addresses: Name Address Date Justin Werner 126 South Locust Street birth - 3.18.08 Ashley Wedman Camp Hill, PA Ashley Wedman Bucks County 3.18.08 - 3.21.08 Unknown Others Justin Werner 6 Westfields Drive 3.21.08 - 5.17.10 Kristy Werner Mechanicsburg, PA Myra Deckman Ashley Wedman Christina Noonen-Cusik Frank Cusik Jovanni Cusik Karissa Cusik Infant Cusik 33 West Washington Ave 5.17.10 - present DuBois, PA 5. Father lives with the following persons: Name Relationship Kristy Wener Paternal Grandmother Myra Deckman Paternal Great-Grandmother 6. It is believed that Mother lives with the following persons: Name Relationship Christina Noonen-Cusik Sister Frank Cusik Brother-in-law Jovanni Cusik Nephew Karissa Cusik Niece Infant Cusik Niece 7. Father has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of Jordin in this or another court. 8. Father has no information of a custody proceeding concerning Jordin pending in a court of this Commonwealth. 9. Father does not know of a person not a party to the proceedings who has physical custody of Jordin or claims to have custody or visitation rights with respect to Jordin. 10. Jordin's best interests and permanent welfare will be served by granting the relief requested for reasons including, but not limited to the following: a. Since Jordin was eight months old, Father has been his primary caretaker and has been responsible for his emotional, physical, educational, financial and medical needs. b. Father is fully capable of continuing to care for Jordin on a primary basis. c. Father is willing to communicate with and work cooperatively with Mother to co- parent Jordin and will encourage their mother/son relationship. 11. Defendant is not acting in Jordin's best interests for reasons including, but not limited to, the following: a. Mother snatched Jordin from Father when Jordin was eight months old and fled to Bucks County with her paramour. Mother was unable to care for Jordin and was issued an ultimatum by her paramour to choose between Jordin or the paramour. Mother sent Jordin back to Father's family. b. Since Jordin was eight months old and returned to Father's custody, Mother has attempted to see Jordin less than six times and during those times, she spent the majority of her time on the cell phone rather than interacting with Jordin. c. Mother requested to have Jordin for an extended visit from May 17, 2010 until May 20, 2010 under the guise of having him with her family for the Step- Grandfather's birthday party. The Wednesday before Jordin was to be returned to Father's custody, Mother fled to DuBois with her family members and has refused to return Jordin. d. Jordin has tubes in his ears and was scheduled for a doctor's appointment on Friday, May 21, 2010 and Mother was made aware of this appointment. When Father called Mother on Thursday night when Jordin was supposed to return, Mother advised that she did not care about the appointment. Moreover, Mother refused to take the prescribed ear drops for Jordin despite the fact that Father explained they were necessary for the care of Jordin's ears. e. Mother has repeatedly called Father because she does not know what Jordin eats, does not know how to address his behavior and does not know how to care for Jordin on a primary basis. f. Prior to going with Mother, Jordin was potty-training with great success but Mother has Jordin back in diapers, causing Jordin to regress in his development and progress. g. Mother has restricted Father's access to Jordin by telephone and ends any conversations when Jordin says that he wants to go home to Father. h. Mother's decision to withhold Jordin from Father demonstrates a total disregard for Jordin's health and well being. 12. Every person with rights to custody or having actual physical custody of Jordin has been named as parties to this action. WHEREFORE, Father requests this Court to grant her the following relief: 1. That the parties shall share legal custody of Jordin. 2. That Father shall have primary physical custody of Jordin. 3. That Mother shall have periods of supervised vistitation according to a specific schedule to ensure an ongoing mother/son relationship with Jordin. 4. That the parties shall have an appropriate holiday schedule so that both parents can spend time with Jordin during various holidays. 5. Any other relief this Court finds just and equitable. submitted, IpAl Ho s , Esquire NE enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Justin Werner, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ustin Werner JUSTIN LEE WERNER, Plaintiff VS. ASHLEY MARIE WEDMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10- CIVIL TERM : CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Ashley Marie Wedman, with a Complaint for Custody on ^A ` , 2010 by certified mail, return receipt, restricted delivery, to the person and address below: Ashley Marie Wedman 33 West Washington Avenue DuBois, PA 15801 I, Jessica Holst, verify that the statements made in this Affidavit of Service 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: ?` ' Signature: JUSTIN LEE WERNER, Plaintiff VS. ASHLEY MARIE WEDMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10- CIVIL TM Rr. a CUSTODY .? -., PETITION FOR EMERGENCY RELIEF Petitioner, Justin Werner, by and through his counsel, MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as Father, who resides at 6 Westfields Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent is the above-named Defendant, hereinafter referred to as Mother. It is believed that Mother currently resides at 33 West Washington Avenue, DuBois, Clearfield County, Pennsylvania, 15801. 3. The parties are the natural and biological parents of the minor child, Jordin Lee Werner, born July 3, 2007. 4. There is no prior Custody Order in this matter. A Custody Complaint has been filed simultaneously with the filing of this Petition for Emergency Relief. 5. On May 15, 2010, Mother took Jordin from Father's custody under the guise of having him with family for a birthday party for the Maternal Step-Grandfather. 6. Defendant is not acting in Jordin's best interests for reasons including, but not limited to the following: a. Mother snatched Jordin from Father when Jordin was eight months old and fled to Bucks County with her paramour. Mother was unable to care for Jordin and was issued an ultimatum by her paramour to choose between Jordin or the paramour. Mother sent Jordin back to Father's family. b. Since Jordin was eight months old and returned to Father's custody, Mother has attempted to see Jordin less than six times and during those times, she spent the majority of her time on the cell phone rather than interacting with Jordin. c. Mother requested to have Jordin for an extended visit from May 17, 2010 until May 20, 2010 under the guise of having him with her family for the Step- Grandfather's birthday party. The Wednesday before Jordin was to be returned to Father's custody, Mother fled to DuBois with her family members and has refused to return Jordin. d. Jordin has tubes in his ears and was scheduled for a doctor's appointment on Friday, May 21, 2010 and Mother was made aware of this appointment. When Father called Mother on Thursday night when Jordin was supposed to return, Mother advised that she did not care about the appointment. Moreover, Mother refused to take the prescribed ear drops for Jordin despite the fact that Father explained they were necessary for the care of Jordin's ears. e. Mother has repeatedly called Father because she does not know what Jordin eats, does not know how to address his behavior and does not know how to care for Jordin on a primary basis. f. Prior to going with Mother, Jordin was potty-training with great success but Mother has Jordin back in diapers, causing Jordin to regress in his development and progress. g. Mother has restricted Father's access to Jordin by telephone and ends any conversations when Jordin says that he wants to go home to Father. h. Mother's decision to withhold Jordin from Father demonstrates a total disregard for Jordin's health and well being. 7. Father is the parent who can best provide for Jordin for reasons including, but not limited to, the following: a. Since Jordin was eight months old, Father has been his primary caretaker and has been responsible for his emotional, physical, educational, financial and medical needs. b. Father is fully capable of continuing to care for Jordin on a primary basis. c. Father is willing to communicate with and work cooperatively with Mother to co- parent Jordin and will encourage their mother/son relationship. 8. Without this Court's intervention, Jordin is at risk of being harmed emotionally and physically. Jordin is at risk of emotional harm by being denied contact with Father, the person who has been his primary caretaker since he was eight months old. Jordin is at risk of physical harm because Mother does not understand how to properly care for and maintain the tubes in Jordin's ears and has refused to allow him to return to Father's custody to go to his doctor appointment. Moreover, Mother has made it clear that she does not know anything about Jordin and does not know how to handle his behavior or properly feed him. WHEREFORE, Father respectfully requests that the Court order the following: a. Defendant shall immediately return Jordin, to Father's custody. b. The parties shall share legal custody of Jordin. This matter shall be scheduled for an expedited custody conciliation to determine a more specific custody order regarding Jordin, born July 3, 2007. d. Until the conciliation conference, Father shall have primary physical custody of Jordin. e. Until the conciliation conference, Defendant shall have periods of supervised visitation as the parties may agree. f. The local police or other appropriate law enforcement agency shall assist Father in regaining custody of Jordin from Mother or other adult who may have custody of Jordin. g. Any other relief this Court finds just and equitable. Respect y submitted, Jessica olst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 VERIFICATION The above-named PLAINTIFF, Justin Lee Werner, verifies that the statements made in the above PETITION FOR EMERGENCY RELIEF are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 4G?-z `Justin Lee Werner JUSTIN LEE WERNER, VS. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ASHLEY MARIE WEDMAN, Defendant NO. 10- : CUSTODY AFFIDAVIT OF SERVICE BY MAIL CIVIL TERM I, Jessica Holst, do hereby swear that I served Ashley Marie Wedman, with a Petition for Emergency Relief on A-1142 ". l , 2010 by certified mail, return receipt, restricted delivery, to the person and address below: Ashley Marie Wedman 33 West Washington Avenue DuBois, PA 15801 I, Jessica Holst, verify that the statements made in this Affidavit of Service 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 `` - \ o Signature: ~u~ 2o2a~o ~ JUSTIN LEE WERNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-3684 CIVIL ACTION LAW ASHLEY MARIE WEDMAN, IN CUSTODY ~ ~ ~_ Defendant ~~ ° n y'tJ: L_ ,~~ ~. . Prior Judge: J. Wesley Oler, Jr., J. ~` ~ - rU - j ~= ~ _ -, .,~,., ORDER OF COURT '9'~- " E.~~ ~-~ ~_ ; ~- ~.x1 AND NOW this day of July 2010, upon consideration of the attached C~tod { Conciliation Report, it is Ordered and Directed as follows: Leal Custody: The Father, Justin L. Werner, and the Mother, Ashley M. Wedman, shall have shared legal custody of Jordin Lee Werner, born 07/03/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such 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. 2. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's unsupervised physical custody as follows: a. Commencing 07/30/2010, Mother shall have physical custody of Jordin on alternating weekends from Friday 6:00 pm until Sunday 6:00 pm. b. Absent mutual agreement otherwise, the non-custodial parent shall pick up Jordin at the custodial parent's residence. c. Mother shall have physical custody of the Child at such other times as the parties may mutually agree. 3. Absent mutual agreement otherwise, the parties are hereby directed to strictly comply with the regular physical custody schedule. If one party does not relinquish custody of Jordin when they are supposed to, absent a legitimate reason otherwise, law enforcement is hereby authorized to assist in the retrieval of the Child. The non-relinquishing party is hereby subject to the sanctioning powers of this Court. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Plaintiff and Defendant are hereby directed to adhere to all medical recommendations and appointments by and with the physician of their Child, Jordin Lee Werner. 6. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 7. In the event the custodial parent should take the Child out of state (other than to their respective residences), the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. This Order is entered pursuant to 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. Distribution: ~ ley Wedman, 402 Sandburg Place, Newark, DE, 19702 essica Holst, Esquire ~ ~ ,.~.~ ~~ ~hn J. Mangan, Esquire ,}, 2 ~ /~ ~ HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter From Saturday 12 pm until Sunday 12 m Mother Father Fourth of Jul A From mornin of 7!3 until 2 m 7/3 Father Father Fourth of Jul B From 2 m 7!3 until 12 m 7/5 Mother Mother Thanks 'vin Father Father Christmas A From noon on 12/24 to noon on 12/25 Mother Father Christmas B From noon on 12/25 to noon on 12/26 Father Mother Christmas C The weekend following Christmas Frida 6 m throu Sunda 6 m Father Father Mother's Da From Frida 6 m until Sunda 6 m Mother Mother Father's Day From Frida 6 m until Sunda 6 m Father Father s JUSTIN LEE WERNER, Plaintiff v. ASHLEY MARIE WEDMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-3684 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 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: Name Date of Birth Currently in the Custod~f Jordin Lee Werner 07/03/2007 Primary Father 2. A Conciliation Conference was held with regard to this matter on July 19, 2010 with the following individuals in attendance: The Mother, Ashley Wedman, self-represented party The Father, Justin Werner, with his counsel, Jessica Holst, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 2 Date v Jo an, Esquire Cus ody nciliator