HomeMy WebLinkAbout01-2099•
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BABA RA J• wEI
BLEy,
Pl ' ' ~ THE C aintlff pURT pF ' CUMBE COMMpN
RLAND C PLEAS pUNTy P
• ENNSyLV • Np ANIA PAUL WE o,_ ~a
IBLE y, q g -7-.~.~ . ~
De 'CIVIL ACT
fendant ION - LA . IN CUST W
pDY
PETITIO N FOR CU
AND N STODy . Ow, comes ,
Plain~~ B , & ~ arbara J• wet Adler, pC bley, by and
and petitions through her this court as counsel, Rea
follows: ger
1 ~ Plaintiff is Barbara J.
we1bley re • • Cumb ~ skiing at 105
erland Cou Hilltop Driv nty, pennsylvan . e, Mt. Ho11 S .
la 17465. Y Pings,
2. Defends nt iS Paul We1b
leY~ residin
COUntY~ Pe gat 1552 Holl • nnsylvania Y Pike, Carlis
' 17413. le, Cumberl and
3 • Plaintiff s eeks shared le
gal and Ph sic Y al custod of
Austin Y the followin Priest we1bl g children:
Justin P • eY' DpB 8/24/ ~eSt; We1ble • 86~ SS #204- _
Y~ DOB 12/2 68 2766
0/96, SS #19 During the 8 76-6519 past five years th
e children have
the followin resided with t g addreSSeS: he followin , g persons and at
NAME
ADD~SS
Paul & Barb DATE S ara weible ~
Y 1552 Roll • Y Pike
Car11s1e, PA
Paul and Ba rbara we1ble
Y 1552 Ho11 p. Y ike
Carlisle, pA 1 / 15/p 1
to the
105 Hillto D • present
M P rive t. Holly Spin gs, PA
. 1
4. The relationshi o ~ • p f Plaintiff to the chit dren is that of mothe
r. The Plaints ff currents resides with the followi Y
ng persons:
None.
5. The relationshi o p f the Defendant to th e children is that of fat
her. The Defendant currently resides with the f
ollowing persons:
None.
d. There has been no Prior actions for custod but
Y there is an agreement custody attached in regard to
hereto as Exhibit "A"
7• The parties' curre
nt shared custod arran Y Bement should be alte
Chan e ' red to address a
g in Defendant's work sc • • hedule. In addition
the current schedule provides for too man transfers and an alternatin Y
g weekly schedule would b
etter serve the needs of the children.
~EREFORE Plain • tiff requests the Court t o grant her request for shared
and a mo ' legal custody dif~ied shared custod
y arrangement.
Respectfully submitte
d,
READER & ADZE
R, PC
Date: 3 0~
By•
a Denis C ntor Es
I #663 78 ' quire
2331 Market Street
Camp Hill, PA 17011
717-763-1383
A~°rneYs for Plainti
ff
~
~ i
I C T I 0
I' Bambara Weible Y, verify that the state
ments made in the fore o' correct to the bes g mg Pet~t10n are true a
t °f mY knowled e ' nd
g , information and b ' elief.
j understand that false statements '
herein are made • S subject to the enalt' ection 4904, relatin p les of 18 Pa, C, S.
g to unsworn falsificati
°n t° authorities.
Date: 3
~Q
Barbara we' b
weibley msa tjb November
21, 2000 • ~ Y
~ 1 1 1 i
5. Alimony: The arties w ' p a~ve any clam that the ma •
Y y have one against
the other for alimon alimo Y~ ny pendenfe life or s ousal s p upport.. The parties
acknowledge that each has suffi ' dent assets with which to maintai
n themselves after
divorce.
6. Marital Debt: In the tour se of their marriage, certain credit c
and debt has
been incurred b ~ • y WIEE, including a ~ Master • Cara obligation ~n the amo
unt of
approximately $1,500.00, With th e exception of the first mort a e the
g g : second
mortgage and the line of credit a St r .f~.; , p yable to Members 1 ,which wi
. 1l be HUSBAND s
individual obligation, WIFF will . assume au debt as her exclusive obli '
j~. _ gat~on as of the
date of this agreement. Ea . ch party will incur no debt for whi • ch the other may be liable
and will indemnify and hold the oth er harmless for any debt so incurr
ed.
Custody; The arties ar • p e parents of two children: Justin '
Weibley, born
December 23, 1996; and Austin ' ? P. We~bley, born Au ust 28 1 •
~ g :986. The parties shall 1
share legal and ph sical cust Y ody of said children. HUSBA ND shall have ph sical
Y
custody of said children each wee k from Tuesday after school • ar at 4.00 p.m, until
Saturday morning at 9:00. WIFE shall have ph s~cal cust . Y ody of the children from
Saturday mornin sat 9:00 a. ' 9 m. until Tuesday after school o rat 4.00 p, m,
SAIDIS
HUFF ~py~ The parties agree to a modifi canon of this basic schedule for holi
SAY days, ~ sit vacations and special occasions so
• long as the agreement is mutua c PA I. The parties will
do nothing which inures the Iov '
J e and respect the children have f or each of the parents.
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BARBARA J. V~EIBLEY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. .
PAUL WEIBLEY
01-2099 CIVIL ACTION LAW DEFENDANT
• IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, Apri117, 2001 ,upon consideration of the attached Complaint,
it is hereb directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, Y
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 09, 2001 at 11:00 a.m.
for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children 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 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 .undo 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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J• WEIBLEY
Plaintiff IN THE a~URT OF ' CLIMB ~ pLEAS OF
PENN vs. SYLVANIA
' NO. 01-2099 CIVIL
PAUL WEIBLEy, TERM
Defendant CIVIL ACTION -LAW
IN CUSTODY
~DP~~~
u • ~ this
Ian consideration of day of the ~ t~3?~. ordered and direct attached Cust Co ~ 2001,
ed as follows: °dY nciliation Re art ~ It is
1• The Mother
shall have sh ' B~•bara J. Weible
1986 ared legal cost of •y' ~ the Father, Pau • ~ and Justin 0°~' Austin Pries l Weible , Priest, born Decemb t Welbley, born A Y
dual right, to bee er 20~ 1996, ~ ugust 24, major non xercised jointl w• ~ parent shall hav
'urgency decisions Y ith the other e ~ including, but affecting the ~ parent, to make all
not limited to, a lldren s general we educatlori and reli ' 11 decisions 11 being
parent shall glon. pursuant to ~ regarding their health ~ entitled to all a terms of this
Children includi records and info ~ragraph each
informati but not limited t rmation pertainin to on. To the extent o~ school and medic g the
or information, t one parent has ~ records and thereo hat parent shall possession of any such
f• with the oche ~ r~uired to spar records records and i r parent within such a the same or co ies
nforrnation of reaso reasonable time as p nable use to the oth to make the
2. The er parent.
accord ~rties shall have • ante with the foil physical cost °
owing schedule: f the Children ' in
A• The Father shall
Frida have custody of ~ Y during weeks when h e Children Monda ~
under this a works the da li ht Y rough
Fa provision when the ~ . Y g shift. ~ da s Cher is works lldren have no schoo Y from 7: the Mother may have land the
30 a.m, until 4:00 custody of the Chil care for the ~ p• m• if she is ava ' dren
ildren rather than ilable to provide
B using day care. The Mother shall
evens have custody of ng through Frida a the Children from
when the Fath Y fter school or da Sunday er works the second sh• Y care during weeks
During the Mother's ift or the midn' the C~ildr weeks the Father fight shift.
eri on Tuesday and shall have cost unavailable d Friday evens s °f
~ to her work and ~ when the Mother is provide care for the the Father is avai
lldren, lable to
C• Qn any weekda
Childre Y the Mother is . n~ the Father shall ha providing care for th
4:00 p.m. if he is a Ve custody from 11:00 e vailable. a•m• until
t
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D. The Father shall have cu
sub'ect to ~ st°dy of the Children eve ] the Mothers right to have ~ Weekend,
month when the Mother is custOaY one weekend per available to be with the Chil
upon providing notice to the Fathe dren, r one week in advance.
3• In the event the Mother
is also Worki obtains daytime ~plo nt • ng~ the parties shall . ~ when the Father
childcare arrangefients for COOKrate in making a ro ria
parties a Justin on a consistent bas' pp p to • gr~ that a parent who es is by agreement. The
entitled to available to provide care sha preference over other third ll be Harty caregivers.
4• The parties shall sh Children over holida s are or alternate having cost
Y as follows: ~Y of the
A• C~RISS: The Chris •
nt tmas holiday shall be dive A, which shall run Bed into
thro h Ch from Christmas Eve at 12:00 ~ ristmas Day at 12:00 noon n0°n
shall run from Christmas ? and Segment B, which
at 12:00 ~Y at 12.00 noon thro h Dec noon. The Mother shall ha ~ ember 26
during Sent A in odd n Ve custody•of the Children even n umbered years and Bore •
umbered years. The Fathe ng ~'gment B in Children Burin r shall have custody of the
S g ~'gment A en even numbered • egment B in odd numbered years. Years and during
B. ALT~T~ ~~5.
alternate The holiday cost ng holidays shall period on
In odd number ~n fran 9.00 am. until 7:00 ~ Ye~'s? the Father shall p•m' Children on Easter, Jul have ~tOdY of the
shall hav Y 4th and iving and the
e custody on Memorial Da Mother numbered years, the M Y and L~or ~Y• In even
~ ~ other shall have cust of th • ster, July 4th and a Children
have cost ~~sgiving, and the Father ody on Memorial Day and Labor shall
Day.
C. MOTA~'S UAy~FATB~'~y:
Children The Mother shall have cost every Year on Mother's Da off' °f the custody of the Gild y ~ the Father shall have
a.m. until ren every year on Father's Da fr 7:00 p.m. Y om 9:00
D• The holiday cost ody schedule shall su rs
precedence over the regular cos ~ ede and take tody schedule.
5. Each party shall be en •
two nonconsecut• titled to have cost of th
eve weeks each summe a Children for party shall schedule r when that party is not Worki
Bore periods of vacation cost Each ng his or her regular week odY under this provision
flexible en ad~ of custody, although both • ]usting the schedule to a parties shall be
vacation. c~~mmodate travel plans for
6• In the event either rt • Children for three ho ~ Y is unavailable to provide car
ors or more during his or her a for the pity shall first contact the periods of custody, that
opportunity to rove other party to offer that p de the care before contacti ~~Y the
ng third party caregivers.
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7. The rties acknowledge that there may be changes to the parties'
to nt schedules which will necessitate a change in custody emp yme
arr ements. The parties agree that if adjustments are necessary, they • ~ ~ amount of custodial time for each party
will attempt to maintain the ~ame
as is provided in this Order.
8. This Order is entered pursuant to an agreement of the parties at a
Cust Conciliation Conference. The parties may modify the provisions of
~ consent the terms this Order by mutual consent. In the absence of mutual
of this Order shall control.
BY THE OOURT,
J.
cc: Debra Dennison Cantor, Esquire - Counsel for Mother
Es ire - Counsel for Father Carol J. Lindsay, qu Q`
J
v
BARBARA J. WEIBLEY, IN THE OOURT OF OOMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : N0. 01-2099 CIVIL TERM
PAUL WEIBLEY, CIVIL ACTION - LAW
Defendant IN CUSTODY
CIUS'1~O~D?Y IATI~1 SUMMARY RFI~T
IN AQOORI~iNCE WITS 0~1'Y RILE OF CIVIL PR~B'[XIRE
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 D~ITE 0~' BIl~1'S Y IN C~1~'1~00?Y 0~"
Austin Priest Weibley August 24, 1986 Mother/Father
Justin Priest Weibley December 20, 1996 Mother/Father
2. A Conciliation Conference was held on June 20, 2001, with the
following individuals in attendance: The Mother, Barbara J. Weibley, with her counsel, Debra Dennison Cantor, Esquire, and the Father, Paul Weibley,
with his counsel, Carol J. Lindsay, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
~-a n ~ Date Dawn S. Sunday, Esquire
Custody Conciliator
BARBARA WEIBLEY
3.10.03. CUSTODY MODIFICATION PETITION
• IN THE COURT OF COMMON PLEAS OF BARBARA J. WEIBLEY, •
: CUMBERLAND COUNTY, PENNSYLVANIA Plalntlff
• No. 01-2099 Civil Term v. •
WEIBLEY CIVIL ACTION - LAW PAUL ,
Defendant IN CUSTODY
MODIFICATION OF PARTIAL CUSTODY OR VISITATION ORDER PETITION FOR
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
etitioner, Barbara J.
AND NOW this day of 2003, your p
' ns this Honorable Court for the modification of the Weibley, hereby petltio
27 2001 Custod Order and respectfully represents that: June Y
' Barbara J. Weibley, residing at 105 Hilltop Drive, 1. Your Petitioner is
Mt. Holly Springs, Cumberland County, Pennsylvania.
is Paul Weible residing at Petersburg Road, Carlisle, 2. Your Respondent Y
Cumberland County, Pennsylvania.
an Order of Court was entered pertaining to custody of 3. On June 27, 2001, 6 and Justin
Children: Austin Priest Weibley, born August 24, 198 , the ' rn December 20, 1996. A true and correct copy of said
Priest Weibley, bo ' hed hereto marked Exhibit "A" and made a part hereof.
Order is attar ,
Order of Court dated June 27, 2001 should be modified because: 4. The
ies' oldest child, Austin Preest Weibley, decided that he a. The part
wanted to be in the joint physical custody of the parties no longer
and now lives primarily with the Petitioner.
arties' work schedules, upon which the June 27, 2001 Order was b. The p
based have chan ed making the current schedule unworkable. g
interest of the Children would be served by granting c. The best
petitioner primary physical custody.
' ner re uests that the Order of Court dated June 21, 2001 be 5. The Petltio q
modified as follows:
-3-
BARBARA WEIBLEY
3.10.03. CUSTODY MODIFICATION PETITION
A. Grant the parties shared legal custod of the childr Y en;
B. Grant the petitioner primary physical custod of the '
y children;
C. Grant the Respondent partial physical custod of the '
the artia ~ ~ Y children, with p 1 custodial periods with the oldest child, Austin Preis
We~bley, been at such tim t
g es as that child may direct.
WHEREFORE, the Petitioner respectfully re uests this
modif the June 21 q Honorable Court to Y 2001 Order of Court in accordance with the re nests
the Petitioner, q of
Respectfully submitted,
DIANE G. CLIFF, ESQUIRE
34 Trindle oad
Ca Hill, P 1 7011
Phone: X717) 737-0100 Fax: X717) 975-0695
Supreme Court ID # 32112
Attorney for Petitioner
- 4 -
BARBARA WEIBLEY 3.10.03. CUSTODY MODIFICATION PET
' ITION
VERIFICATION
Barbara J. Weibley verifi
es that the statements made ' In this complaint
are true and correct. Barbara
J. Weibley understands th at false statements
herein are made sub'ect 7 to the penalties of 18 Pa
• C•s• 4904 relating to
unsworn falsification to author' les.
Date:
Barba We1b et' ' tlo er
-5-
BARBARA WEIBLEY
3.10.03. CUSTODY MODIFICATION PETITION
EXHIBIT "A"
JUNE 21, 2001 CUSTODY ORDER
- 6 -
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i.. • ~~E~#!~f~~~~l~1~4~'!~~f~i+~~tT~t!ll:xlldAf'~~:t:trrn,aefr.F.,ew;rr•~,aa•.. __._.N
7. The parties acknowledge that there may be changes to the parties'
en~loyment schedules which will necessitate a change in custody
I arrangements. The parties agree that if adjustments are necessary, they will attempt to maintain the Qame amount of custodial time for each party
as is provided in this Order.
8. This Order is entered s • pur uant 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 OOURT,
J.
cc: Debra Dennison Cantor, Esquire - Oounsel for Mother
Carol J. Lindsay, Esquire -Counsel for Father
.
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BARBARA J. WEIBLEY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY
,PENNSYLVANIA
V.
01-2099 CIVTL ACTION LAW
PAUL WEIBLEY
IN CUSTODY DEFENDANT •
ORDER 4F CniTRT
AND NOW, Monday, March 24, 2003
upon consideration of the attached Complaint, it is hereby directed that parties and their res
pective counsel appear before Dawn S. Sunday, Es .
at 39 West Main Street, Mechanicsb ,the conciliator, urg, PA 17055 on Tuesday, April 15 2003
for aPre-Hearing Custod Conferenc at 1:00 PM Y e. At such conference, an effort will be made to r
esolve the issues m dispute; or if this cannot be accomplished, to define and
narrow the issues to be heard by the court, and to enter
order. All children age five or older ma into a temporary .y also be present at the conference. Failure to a
provide grounds for entry of a tempora or erm ppear at the conference may rY p anent order.
The court hereby directs the parties to furn'
ish any and all existing Protection from Abu Special Relief orders, and Custad or se orders,
y ders to the conciliator 48 hours prior to sche • du led hear~n~.
FOR THE COURT,
By; Is/
Custody Conciliator
The Court of Common Pleas of Cumberland
Americans with Disabili County is required by law to com 1 with the tes Act of 1990. For information about accessi p Y
accommodations available to disable ble facilities and reasonable
All d individuals having business before the cou arrangements must be made at least 72 hours ri please contact our office.
attend the scheduled confer p or to any hearing or business before the court. You ence or hearing. must
YOU SHOULD TAKE THIS PAPER TO YO
HAVE AN ATTORNEY ~ ATTORNEY AT ONCE. IF YOU DO N OR CANNOT AFFORD ONE, GO TO OR ~ OT
FORTH .BELOW TO FIND OUT TELEPHONE THE OFFICE SET 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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BARBARA J. WEIBLEY, ; IN THE COURT OF COMMON PLEAS
Plaintiff OF ' CUMBERLAND COU~T.Yr PENNSYLVA
' NIA
vs. O 1-2099 CIVIL A
' CTION LAW
PAUL WEIBLEY
Defendant IN CUSTOD y
ORDER OF COURT
AND NOW, this Z c~ da of
consideration y ' , 2003 u on of the attached Custody Conciliation Re o ' ' p p rt, It 1 ordered and directed as follows:
l . The prior Order of this Court dated June ' 27, 2001 is vacated and replaced with this
Order.
2. The parties shall engage in acourse of c - ' o parenting counseling with a professional who is
approved by the Father's insurance lan and sele p cted by agreement of the parties. The u o
counseling shall be to assist the arties in level p rp se of the p oping sufficient communication and coo '
enable them to effectively co- arent and m ' • Aeration to . p ake decisions for their children. The a '
in a minimum of six sessions and shall foil p roes shall participate ~ ow the recommendations ofthe counselor w'
equency and duration of the sessions. All ith regard to the
be sha costs of counseling which are not aid b insu red equally between the parties. The p Y rance shall
counsel ~ ~ pules shall select the counselor and contact th or s office within two weeks of the date of th e
first session. a conciliation conference in order to schedul e the
3. The parties shall submit themselves th ' '
necessar b th ~ eir minor Children, and any other individuals lee y y e evaluator, to a custody evaluation to be med
Mother. The u performed by a professional selected b th p rpose of the evaluation shall be to obtain inde y e pendent professional recommendations concerning ongoing custody arran ements whi '
shall g ch will serve the needs of the Children.
be responsible to pay the costs of the e • ' ' The Mother Co valuation initially but reserves the ri ht
urt apportion the evaluation costs at a later d g to request that the ate. The parties shall sign all authorizations necessary by the evaluator in order to obtain addi ' deemed
children. tlonal information pertainin to the arties
g p and
4. The parties shall make arran ements ' ' to obtain r g to ~ ointly meet with Justin's ps cholo ist Dr
ecommendations regarding counselon for y g ~ ~ France, g the Children.
5. The parties shall select a dietician for Ju '
stin, who is referred by Justin's ph sician for insurance purposes and who offers a y
ppolntments on days and times when both arties ca p n attend.
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6. The parties shall schedule all educational, health and related a ointments for Justin other
. pp than for ordinary illnesses) on dates and at times acce table to both arties to enable '
p p both parties to fully participate in making decisions regarding Justin's treatment Tans.
p
7. The Mother, Barbara J. Weibley and the Father, Paul Weible shall have shared le al
custod of A Y g y ustin Priest Weibley, born August 24,1986, and Justin Priest Weible ,born December 20
1996. Each arent shall Y ' p have an equal right, to be exercised jointly with the other arent to make all
p mayor non-emergency decisions affecting the Children's general well-being includin but not limited
to, all decisions re ardin g' g g their health, education and religion. Pursuant to the terms of this ara a h
each anent shall be entitled to ' ' p ~ p p all records and information pertaining to the Children includin but not
limited to, school and medical rec g' orris and information. To the extent one parent has possession of an
such records or information that anent shal y p 1 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.
8. Pending completion of the custody evaluation and further Order of Court or agreement of
the parties, the parties shall have physical custody of the Children in accords ' rice with the following
schedule:
A. The Mother shall have primary physical custod of Austin with the Fat '
. Y her having liberal periods of partial custody as arranged b a Bement between th ' Y a parties.
B. During alternating weeks, the Mother shall have custod of Justin fro . y m Monday at
5:00 pm for six consecutive days through the followin Sunda at 5:00 m
F g y p ,and the ather shall have custody of Justin from Sunday at 5:00 m for ei ht cons '
thro p g ecutive days ugh Monday at S:OOpm.
9. The parties shall share or alternate havin custod of the Children ' g Y over holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Se ' gment A, which shall
run from Christmas Eve at 12:00 noon throu Christmas Da at 12:0 . ~ y 0 noon, and
Segment B, which shall run from Christmas Da at 12:00 noon thr Y ough December 26 at
12:00 noon, The Mother shall have custody of the Children Burin ' g Segment A in odd
numbered years and during Segment B in even numbered ears. The . y Father shall have
custody of the Children during Segment A in even numbered ears an ' y d during Segment
B in odd numbered years.
B. ALTERNATING HOLIDAYS: The holida custod eriod on ' Y Y p alternating holidays
shall run from 9:00 am until 7:00 pm. In odd numbered ears th
th Y e Father shall have custody of the children on Easter, July 4 and Thanks ivin and the Mo
Gusto g g they shall have dy on Memorial Day and Labor Day. In even numbered ears the Mother
have custod th Y ~ shall y of the Children on Easter, July 4 and Thanks ivin ,and the Father shal
have custod o g g 1 y n Memorial Day and Labor Day.
C. MOTHER' SDAY /FATHER' S D ' . AY. The Mother shall have custod of
Children every year on Mother's D Y the ay and the Father shall have custod of the C '
on Father s Day from 9:00 am until 7' Y hildren .00 pm.
D. The holiday custody schedule shall s upercede and take precedence over there ular
schedule. g
10. Each party shall be entitled to hav •
each summ a custody of the Children for two nonconsec ' er when that party is not workin .Each utive weeks
under this rovisi g p~Y shall schedule periods of vacation cus p on during his or her regular week of c tody
adjustin the sched ustody, although both parties shall be flex' g ule to accommodate travel lans for v able in p acation.
11. In the event either part is unavail ' . Y able to provide care for the Childre
more during his or her periods of custod n for three hours or
the y, that party shall first contact the othe opportunity to provide the care before contacti r pa~Y to offer that party ng third party caregivers.
12. The parties shall communicate dir '
Children. ectly with each other regardin issues ' g concerning the
13. The parties agree to coo erate i ' ADHD on a p n ensuring that Justin receives the medica ' '
consistent basis as directed b his h si ' tion prescribed for
cooperate in re-ev ~ ~ Y p Y clan for a trial period. The arties a aluating Justin s treatment lan in 3 p gree to further p 0 days.
14. Neither party shall do or sa '
wren ' ' ~ ~ Y anything which may estran e the Chi p t, inure the opinion of the Childr g ldren from the other en as to the other parent, or ham er the fre
development of the Children's love p e and natural and respect for the other arent. Bot '
parties having contact with the Chi ~ p . , h parties shall ensure that third ldren comply with this rovision.
p
15. After completion of the custod ' y evaluation, in the event that the anti
an agreement as to all outstanding custod issu p es are not able to reach conciliator with' Y es at that time, counsel for either art
in sixty days of receipt of the evaluator's p Y maY contact the additional conference. written recommendations to schedule an
BY THE COURT
f
' r ~ r
Wesley Ol
J.
cc: Diane G. Radcliff, Esquire - Counse
1 for Mother Carol J. Lindsay, Esquire -Counsel
for Father ~
B~ARA J. WEIBLEY
' IN THE COST OF C Plaintiff • OMMON PLEAS OF
• CUMBERLAND COUNT . Y, PENNSYLVANIA
vs.
' 01-2099 ' CIVIL ACTION LAW
PAUL WEIBLEY
Defendant .
• IN CUSTODY
Prior Judge; J. Wesle Ole Y r, Jr.
CUSTODY CONCILIAT ION SUMMARY REPO
RT
IN ACCORDANCE W
PROCEDUI~ ITH CUMBERLAND 1915.3-8, the undersi ed COUNTY RULE OF gn Custody Conciliator sub CIVIL
mats the following report:
1. The pertinent informat' as follows: ion concerning the Children who ar
e the subjects of this liti ati ' g on is
NAME
= DATE OF BIRTH
CURRENTLY IN CUST ODY OF Austin Priest Weible
Jus ' Y August 24,1986 tin Priest Weibley D Mother
ecember 20,1996
Mother /Father
2• A Conciliation Confe attendance; Th rence was held on April 15, 2003 '
e Mother, Barbara J, Weibl ~ with the followin individ ' Father, Paul Wet eY~ with her counsel Di g uals in
bley, with his counsel C , ~ ane G. Radcliff, Es uire , arol J. Lindsay, Es uire, q ,and the
q
3. The parties a reed to tem o g entry of an Order in the f p racy custody arrangements for Ju as attached with the exce ti
the prior Order stin which are the recommenda ' p on of the
and the schedule the arties bons of the conciliator bas P were using at the time of th ed on
e conference.
0 Date
Dawn S. Sunday, Es ui e
Cust ~ ody Conciliator
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BARBARA J. WEIBLEY,
Plaintiff
v• No. 01-2099 Civil Term
PAUL WEIBLEY, CIVI - LACTION LAW
Defendant ~ IN CUSTODY
RULE
AND NOW, this - day of , 2003 u on consi ~ ~ ~ • p derat~on of the within Pet~t~on for Special
Relief, IT IS HEREBY ORDERED that a Rule is enter ed upon the Respondent, Paul We~ble to show
Y cause why the relief requested in the within Petition should not
be granted.
Rule returnable at a hearing to beheld on the day of , 2003, at
o'clock -.m. in Courtroom No. of the Cum
berland County Courthouse, One Courthouse Square, Carlisle, PA 17013.
BY THE COURT:
J.
Distribution to:
ATTORNEY FOR PETITIONER: , ATTORNEY FOR RESPONDENT.
Diane G. Radcliff, Esquire ~ • Carol J. Lindsay, Esquire
3448 Trindle Road 2 6 West H ig h Street
Camp Hill, PA 17011 Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY P ENNSYLVANIA
BARBARA J. WEIBLEY,
Plaintiff
v. No. 01-2099 Civil Term
PAUL WEIBLEY, CIVIL ACTION - L AW
Defendant ~ IN CUSTODY
ORDER OF COURT
AND NOW, this day of , 2003, IT IS HEREBY ORDERED
AND DECREED that
Paragraph 11 of the April 23, 2003 Order of Court is hereb deleted. In ' y all other respects the April 23,
2003 Order of Court shall remain in full force and effect.
BY THE COURT:
J.
Distribution to:
ATTORNEY FOR PETITIONER: ATTORNEY F OR RESPONDENT.
Diane G. Radcliff, Esquire Carol J. Lindsa ' . y, Esquire
3448 Trindle Road 26 West Hi h . g Street
Camp Hill, PA 17011 Carlisle PA 17 013
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BARBARA J. WEIBLEY, :
Plaintiff :
v, No. 01-2099 Civil Term
PAUL WEIBLEY, CIVIL ACTION -LAVA
Defendant IN CUSTODY
PETITION FOR SPECIAL RELIEF
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
AND NOW, this day of 2003, your Petitioner, Barbara J. Weibley, by
her attorne ,Diane G. Radcliff, Esquire, hereby files this Petition for Special Relief and Y
respectfully represents that:
1. Your Petitioner is Barbara J. Weibley, ("Mother"}, residing at 105 Hilltop Drive, Mt.
Holly Springs, Cumberland County, Pennsylvania, and is the Plaintiff in the above
captioned custody action.
2. Your Respondent is Paul Weibley, ("Father"}, residing at Petersburg Road,
Carlisle, Cumberland County, Pennsylvania, and is the Defendant in the above
captioned custody action.
3. The parties are the parents of two minor children, to wit: Austin Priest Weibley,
a e, 16, born August 24,1986; and Justin Priest Weibley, age 6, born December g
20,1996 (the "Children"}.
4. On April 23, 2003, an Order of Court (the "4123103 Order"} was entered
pertaining to custody of the Children. A true and correct copy of the 4123103 Order
is attached hereto, marked Exhibit "A"and made a part hereof.
5. Pursuant to the 4123103 Order, Mother has primary physical custody of the Child,
Austin Wiebley, ("Austin"}, with rights of liberal partial custody for Father.
6. Pursuant to the 4123103 Order, Father has primary physical custody of Justin
Weibley, ("Justin"}with rights of partial custody for Mother on an alternating week
basis from Monday at 5:00 p.m. until the following Sunday at 5:00 p.m.
1
' '
7~ Father does not s '
ee Austin on a regular basis at the election of Austin.
8. Both parties are e
mploYed on a full time basis.
9. Mother works duri
ng the day from Monda thro is throughout the Y ugh Thursday. This em to
year with the exception of 6 w ~ p Yment work. Those week eeks during which she doe
s off generally fall around ~ snot mayor holidays.
10. Father works on a
swing shift basis. His work hour schedule from: 8:00 a.m. t s vary on a regular rotatin
hr°ugh 4:00 p.m.; 4:00. g 12.00 p.m. throw h 8:00 , , p m. through 12.00 a.m; and
g a.m. He has some ab~l~t ' of his shift with other Y to switch the regular rotatio
employees. When he works t n he must slee duri he 12:00 a.m, to 8:00 a.m. '
p ng the day. shift
11. When Mother has
custody of Justin and she is w ' parents, Justin's ork~ng, Justin ~s watched b
maternal grandparents w Y her relationshi . ~ nth whom he has a Ve
p ry close
12. When Father has '
custody of Justin and he is w ' followin his 4:00 orking or when he has to sl
g p. m. to 12:00 a. m. shift. h eep to 8:00 a.m, s ' ~ e also has to sleep after his 12'
haft, during which time Justi .00 a.m. n is watched by his wife, Sandra W '
e~bley, 13. The 4123103 Order '
provides that:
"In the event either a p rty is unavailable to rovi
for the children p de care for three hours or mor '
periods of a during his or custody, that party shall first
part to offe contact the other Y r that party the o ortuni
before ~ ~ pp ty to provide care contacting third part care iv Y g ers.
14. Since the 4/23/03
Order was entered the '
"unavailabilit " ro ' ' parties have never followed ' Y p v~s~on of the Order. this
15. There was a similar " "
unava~lab~l~ty" provision in the r' followed by the arties. p nor order that was never
p
16. The one time Fathe
r asked to take the child Justi '
hours under the ~ n We1bley, during Mother's prior Order the child becam work being taken awa a extremely upset over the idea
y from his maternal rand of established with the g parents and the routine he ha
m. s
17. Recently at a coun '
sel~ng session, Father told arrangements to car Mother he wants to make
e forJustin during Mother's w ' ork hours, but did not made an
Y
2
' ,
' his work hours or when he has to sleep
offer for Mother to care for Justin during ft . ~ ~ aft and his 12.00 a.m. to 7.00 a.m. shy
follow~n his 4.00 p.m. to 12 a.m. sh , during 9 ~ me told Mothers attorney that
ontra on June 11, 2003 Father s atto y . On the c rY, he child Burin his late working ' nreasonable for Mother to watch t g
Father feels ~t u
hours.
' ' ' of the 4123!03 Order is impractical
. Mother feels that the "unava~lab~l~ty prov~s~on s ~ 8 Ito Justin and contrary to any effort
nd its enforcement would be detrimenta a
to have continuity and stability for Justin. made
. ~ this rovision in the 4123103 Order when
ether art a reed to the inclusion of p ~ 9. Ne p y g ncil~ator.
' ntered u on the recommendation of the co ~t was e p
. ~ ~ ~ be ranted the right to care for Justin:
rov~sion ~s enforced, Mother should g 20. If this p rda s orSundays ~herdays ' ther'sworkhours, if any, on Fridays, Satu y
~1}during Fa ks the 4:00 to 12:00 ' 2 Burin Father's work hours when he wor ,
off from work}, 9 s work hours • . to 8:00 a.m. shift; and (3}during Father
a.m. shift or the 12.00 a.m which shift ' ks she does not work, regardless of
during the six (6) holiday wee
Father is working on those weeks.
' r to exercise her rights to care for Justin
Mother knows Father will not permit he 21' ~ hree 3 or more hours. On prior ' is er~ods of unavailability oft , ,
during Fathe p ~ slit " rov~s~on, and has asked to enforce this unavailab y p
occasions when she times were chedule so that she would know what
asked for Fathers works ~ and ' refused to eve her his work schedule
available for her, Father faded and g , ' ri ht to care for Justin during his work hours.
faded to give her the g
' re uest to care for Justin when she is
. Mother believes Father has made this q 22 nd t ~n to et back at her and
kin because he is angry with Mother a ry g 9 wor g ~ and advice he has been given ~n the
because he is unhappy with the ~nstruct~ons
counseling sessions.
' ' deleted from the order, or modified so as to
. Mother re uests thatthis provision be 23 q urs. the three 3 hour period to twelve (12) ho
change ( )
' a Es uire in this case. A copy of this
Father is re resented by Carol J. Lands y, q . , 24. p for her res once and position. ' ' n was faxed to that attorney on June 9, 2003, p
Pet~t~o ~ that Father opposed the ne 11 2003 Father's attorney told Mother s attorney
on Ju ' ' nd did not consent to the requested relief.
Pet~t~on a
' se is the Honorable J. Wesley Oler, Jr., who
25. The only Judge assigned in this ca stod Order and the 4123103 Custody Order. entered the prior 6127101 Cu y
3
WHEREFORE, Mother requests this Honorable Court to enter an order ' deleting the
"unavailability" provision in the 4123103 orderorin the alternative rewordin t ' ' g hat prov~s~on
to modify the three (3} hour period replacing it with a twelve 12 hour eriod. p
Respectfully submitted,
f
J
1 DCLIFF, ESQUIRE
44 ~ 8 Trindle Road
i , PA 17011
Phone: (717} 737-0100
Supreme Court ID # 32112
Attorney for PetitionerlMother
4
~ ~ ~ ,
VERIFICATION
I, the undersigned, hereb ver'
Y ~fy that the statements made ' ~ ' in the foregoing pet~t~on for
Special Relief are true and cor rect. I understand that false statem
ents made herein are made subject to the penalties of Pa. C. '
S. § 4904, relating to unsworn f ' ' ' als~f~cat~on to authorities.
B J.
Date: d
f
1 ~ ~ ~ ' ~ C
F SERVICE TIFICATE 0
CER
I Diane G. Radcliff, Esquire, hereby certify that on June 9, 2003, and again on
ne 12 2003 I served the within Petition for Special Relief upon Defendant's Attorney Ju ,
sitin the same in the United States Mail, First Class, Postage Prepaid, in Camp by depo g
Hill, Pennsylvania, addressed to:
Carol J. Lindsay, Esquire
26 West High Street
Carlisle, PA 17013
I also certif that on June 9, 2003, I served the within Petition for Special Relief y
u on Defendant's Attorne by faxing the same by faxing the same to her as follows. p y
CAROL J. LINDSAY, ESQUIRE
26 West High Street
Carlisle, PA 17013
Phone: (717 243-6222
Fax: (717) 243-6486
Respectfully submitted,
IAN DCLIFF, ESQ I E
48 Trindl Road
Camp i , PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Plaintiff
6
EXHIBIT ~~A"
4/23/03 CUSTODY ORDER
~Q~ r, , • ~ F
. ~a~_,,,
B~ARA J. WEIBLEY
' IN THE COURT OF Plaintiff COMMON PLEA
' CUMBERL S OF AND COUNTY, PENN
SYLVANIA vs.
' 01-2099 CNIL ACTION LAW
PAUL WEIBLEY .
Defendant
' IN CUSTODY
ORDER OF COURT
AND NOVV, this d
~ day of consideration of the attached
Custody Conciliation e ~ , 2003, u on Port it is ordered and direct P ed as follows:
1. The prior Order of this
Court dated June 27 2001 ' is vacated and replaced with this
2, Th Order. e parties shall engage in a course o
approved b the Fa ' ~ f co-parenting counselin • Y Cher s insurance tan and g with a professional who '
counselin shall b p selected by agreement of t is g e to assist the arties in ~ he parties. The u ose o
enable them t p developing sufficient co P ~ f the oeffectively co-parent and mmunication and coo eratio
in a minimum make decisions for their chi p n to of six sessions and shall f Idren. The parties shall ' '
frequenc an ollow the recommendatio participate y d duration of the sessions ns of the counselor with r
be shared e u • All costs of counselin wh' egard to the q ally between the arties. ~ g ich are not paid b insur
counselor's o p The parties shall select th Y ance shall ffice within two weeks o e counselor and contact th
first sessio f the date of the conciliate e n. on conference in order to sched
ule the
3. The parties shall subm'
it themselves, their minor ' necessary by the evaluator to Children, and an other i ' '
Moth ~ a custody evaluation to be Y ndividuals deemed er. The purpose of the eva performed by a professional luation shall be to obtain ' selected by the
concerning ongoing custod arr independent professional r
Y angements which will serve t ecommendations shall be responsible to he needs of the ' pay the costs of the evaluat' ' ~ ~ Children, The Mother
Court apportion the ev ion initially but reserves ' aluation costs at a later d the right to request that t
necessary b the ev ate. The parties shall si he Y aluator in order to obtain a ' ~ gn all authorizations deem
children. dditional information e ' ' ed p rtaining to the parties and
4. The parties shall make
to obtain reco ~'angements to jointly meet with mmendations regardin cou Justin's psycholo ist Dr.
g nseling for the Children, g France,
5. The parties shall sele ' ~ • ct a dietician for Justin, who is
insurance purposes and who offers referred by Justin's h ' ' ' p ysician for
appointments on days and times wh ' en both parties can attend.
1 ~ ' I 1 ~ ~
1 1 ~ . ~ 1 ~ ~ ~ t
6. The parties shall schedule all educational health and '
tha ~ ~ related appointments for Justin (other n for ordinary illnesses} on dates .and at times acce tabs ' p e to both parties to enable both parties to
fully participate in making decisions re ardin Justin' g g s treatment plans.
7. The Mother, Barbara J. ~Veibley and the Father Paul ' Weibley shall have shared legal
custody of Austin Priest Weibley, born August 24 1986 an • d Justin Priest Weibley, born December 20
1996. Each parent shall have an equal ri ht to be exerci ' ' ' . , g ~ sed ~ ointly with the other parent, to make all
mayor non-emergency decisions affecting the Children's eneral well-bein '
to, all decisions re ar ' g g including, but not limited g ding their health, education and reli ion. Pursuant t '
each anent shall g o the terms of this paragraph p be entitled to all records and information ertainin •
limited to sch p g to the Children including, but not ool and medical records and information. To the exten • t one parent has possession of any
such records or information, that parent shall be re wired
of q to share the same, or copses thereof, with the her parent within such reasonable time as to make th • e records and information of reasonable use to
the other parent.
8. Pending completion of the custod evaluation and
the Y further Order of Court or agreement of parties, the parties shall have physical custod of the Child '
schedule: Y ren in accordance with the following
A. The Mother shall have primary h sical custod ' . p Y y of Austin, with the Father having
liberal periods of partial custody as arran ed b a • g y greement between the parties.
B. During alternating weeks, the Mother shall hav • e custody of Justin from Monday at
5:00 pm for six consecutive days throw h the follow' F g ing Sunday at 5:00 pm, and the
ather shall have custody of Justin from Sunda at 5 • • t y .00 pm for eight consecutive days
hrough Monday at S:OOpm.
9. The parties shall share or alternate Navin Gusto • g dy of the Children over holidays as follows:
A. CHRISTMAS: The Christmas holida shall ' ' y be divided into Segment A, which shall
run from Christmas Eve at 12:00 noon throw Chri gh stmas Day at 12:00 noon, and
Segment B, which shall run from Christmas Da '
12 y at 12:00 noon through December 26 at •00 noon. The Mother shall have custod of the ' Y Children dunng Segment A in odd
numbered years and during Segment B in even num bered years. The Father shall have
custody of the Children during Segment A in even n '
B i umbered years and during Segment n odd numbered years.
B, ALTERNATING HOLIDAYS: The holida y custody period on alternating holidays shall run from 9:00 am until 7:00 m. In odd nu
p mbered years, the Father shall have custody of the children on Easter, Jul 4th and Thank ' '
custod y sgiving and the Mother shall have
y on Memorial Day and Labor Day. In even numbered have custod of the years, the Mother shall
Y Children on Easter, July 4th and Thanks ivin an have custod on Me g g, d the Father shall
y mortal Day and Labor Day.
• 1 I
1 ~ ~ 1 ~ ~ ~ ~ ~
. f
' he Mother shall have custody of the THER S DAY /FATHER S DAY. T . C' MO ~ er shall have custody of the Children
' ve ear on Mother s Day and the Fath Children e ry y
on Father's Da from 9:00 am until 7:00 pm. y
• ede and take recedence over the regular
The holida custody schedule shall superc P D. y
schedule.
e Children for two nonconsecutive weeks
art shall be entitled to have custody of th 10. Each p y chedule eriods of vacation custody
hat art is not working. Each party shall s p each summer when t p Y lthou h both arties shall be flexible in
' ' ' Burin his or her regular week of custody, a g p under this provision g vacation.
' a schedule to accommodate travel plans for add us ping th
' rovide care for the Children for three hours or 11. In the event either party is unavailable to p at
hall first contact the other party to offer th party more Burin his or her periods of custody, that party s . g ntactin third arty caregivers.
the o ortunity to provide the care before co g p Pp
each other re arding issues concerning the The arties shall communicate directly with g 12. p
Children.
' ustin receives the medication prescribed for
he arties a nee to cooperate in ensuring that J . 13. T p g ' al eriod. The arties agree to further
sistent basis as directed by his physician for a to p P ADHD on a con .
in re-evaluatin Justin's treatment plan in 30 days. cooperate g
' ich ma estran e the Children from the other 14. Neither arty shall do or say anything wh y g p r anent or ham er the free and natural
inure the o inion of the Children as to the othe p p . parent, ~ p anent. Both arties shall ensure that third
ent of the Children s love and respect for the other p p developm
' avin contact with the Children comply with this provision. parties h g
' e event that the arties are not able to reach
fter com letion of the custody evaluation, in th P I5. A P ~ sel for either arty may contact the
as to all outstanding custody issues at that time, coun p an agreement
• • ~ ~ luator's written recommendations to schedule an conciliator within sixty days of receipt of the eva .
additional conference.
BY THE COURT,
~~5~ es ey Oler, Jr. J'
' E Counsel for Mother ~~~.F ~ ~L... ~ _ _ _ • Diane G Radcliff, squire - ~ ~ : ~ =t .
' uire Counsel for Father ~ ~ ~ f ~ ~ y, ~.i ~ ~ - : ~ , t _ , : ; ~ ~ ~r Carol J. Lindsay, Esq ~ t M.4~r ~ ,.:a~ i ~ . ,
w; . ~ i
i
r .
~G~~G~'~
.
' ~ ~ ~s . ~ ~
BARBARA J. WEIBLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. O l -2099 CNIL ACTION LAW
PAUL WEIBLEY
Defendant IN CUSTODY
Prior Judge: J. Wesley Oler, Jr.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is
as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Austin Priest Weibley August 24,1986 Mother
Justin Priest Weibley December 20,1996 Mother l Father
2. A Conciliation Conference was held on April 1 S, 2003, .with the following individuars ~in
attendance: The Mother, Barbara J. Weibley, with her counsel, Diane G. Radcliff, Esquire, and the
Father, Paul Weibley, with his counsel, Carol J. Lindsay, Esquire.
c
3. The parties agreed to entry of an Order in the form as attached with the exception of the
temporary custody arrangements for Justin which are the recommendations of the conciliator based on
the prior Order and the schedule the parties were using at the time of the conference.
0
Date Dawn S. Sunday, Esqui e
Custody Conciliator
~ ~ , ~
~:.1. y .1 . ~
~ jt E. ' ~ 1
l ~ f` ~ ,.~1
• ° •n f - i •
r...n ~ S 1 t. •s
ii' _ -:i t.J
V' t 1
-e G ~ ~
~ ~
BARBARA J.
WEIBLEY Plaint' ~ THE CO
iff URT OF CO . C SON PLE UMBERL AS OF
AND COUNT Y, PENNS YL
v VANIA
CIVIL ACTIO - • N LAW PAUL WEIBL •
EY,
Defend~t
' NO.O 1-2099 C IVIL TERM
OVER OF CO URT
AND NOW th •
' is 18 day of Jun e, 2003, upon co . nsideratlon of Pia'
for Special Re ' intiff s Petitio lief, the matte ~ n
r is referred to the c ustody conciliation
of the Coup Ad • . process. The Office
ministrator is re UeSte q d to facilitate t
he referral.
BY THE CO
URT,
jr r l
1
• esle Ol Y J .
Deane 0, Radc ' hff, Esq. ~ k
3448 T ~D /r, r r rindle Road
Camp Hill, PA 17011
Attorney for Pla• . intiff
Caxol J• Lindsa
Y~ Esq. C'~ 26 West Hl h Stre
g et Carlisle, pA 17
013 Atto~ey for De
fendant
:rc Q '
~ -
ti~~
!c%d~/6~
~~7V nJ'
L ~,niovo~'°~d ~i p'1'~
t i
BARBARA J. WEIBLEY
' IN THE COURT OF COMMON PLEAS
' OF PLAINTIFF
CUMBERLAND COUNTY, PENNSYLV ANIA
V.
' 01-2099 CIVIL ACTION LAW
PAUL WEIBLEY '
' IN CUSTODY DEFENDANT '
ORDER OF COURT
AND NOW, Monday, June 23 2003
upon consideration of the attached Com Taint it is hereby directed that parties and their r p '
espective counsel appear. before Dawn S. Sunda Es .
at 39 West Main Street, Mechanicsbur y' 9 ,the conciliator, PA 17055 on Wednesday, Jul 02 200
for aPre-Hearin Custod C Y 3 at 2.00 PM ~ y onference. At such conference, an effort wil
1 be made to resolve the issues in dis ute• if this cannot be accomplished, to define p , or.
and narrow the Issues to be heard b the co
order, All children a e f~iv y ~'t, and to enter into a temporary ~ e or older may also be present at the conferenc
provide grounds for en of a t e. Failure to appear at the conference ma ~'y emporary or permanent order. y
The court hereb directs th •
Y e parties to furnish any and all existin Pr • Special .Relief orders ~ otectian from Abuse orders,
anal Custody orders to the conciliator 48 ho ' urs prior to scheduled hearing,
FOR THE COURT,
By; I sl
Custody Conciliator
The Court of Common Pleas of Cumberl
with Disabilites Act of and County ~s required by law to com 1 w' 1990. For information about accessible f ' ' p Y nth the Americans
available to disabled individuals ha ' acil~t~es and reasonable accommodations v~ng business befor. e the court, please contac
must be made at least 72 hours prior to an h t office. A11 arrangements
conference or hearin , Y Baring or business before the court. You must att g end the scheduled
YOU SHOULD TAKE THIS PAPER TO
HAVE AN ATTORNE YOUR ATTORNEY AT ONCE. IF YO Y OR CANNOT AFFORD O~ GO TO U DO NOT
FORTH BELOW TO FIND OUT ~ OR TELEPHONE THE OFFICE SET WHERE YOU CAN GET LEGAL HELP
Cumberland County Bar Association
32 South Bedfor. d Street
Carlisle, Pennsylvania 17013
Telephone (71.7) 249-3166
r
~i ~O~°• °I
~ ~
~~~,o
I
~l r~
t~N'~~1~~NN~c~ s
++l!,r .r ~
JUL ~ 1 X003
BARBARA J. WEIBLEY IN THE CO
URT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYL
VANIA
vs. O l -2099 CIVIL ACTION LAVV
PAUL WEIBLEY
Defendant IN CUSTODY
ORDER
AND NOVV, this = day of Jul 2003 the c y, onciliator, being advised by counsel that
all custody issues have been resolved b a Bement of the
Y parties, hereby relinquishes ~urlsdiction.
The custody conciliation conference scheduled for toda is can y celled.
FOR THE COURT,
-
Dawn S. Sunday, Esquire
Custody Conciliator
E~~~'`~~11,~~~P1~?d
~ y 9~
~~~,F~.' 1 rj j ":i t j cry ff j J~.I .nl.. ~.r~]] 1I~a j ..J 1'.~~.J
r r, ~
~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND CoUN BARBARA J. WEIB Ty? pENNSYL
LEY, VANIA Plaintiff '
v •
No. 01-
PAUL WEIBLEy 2099 Civil Ter • m •
Defendant CIVIL
' IN CUSTODY ' ACTION - LAW
ORDER MODIF YING
APRIL 23 2 0~3 0
RDER 0 F CO A~Tn _ vRT ~ NOUd, this
the wit day of
hin Stipulatio 2003
n?, IT IS HEREBY O up°n c°nsiderati0 RDERED that; n of
1, paragra h p ll of the A r.
marked p i1 23? 2003 pr Exhibit A„ an der of Court
d made apart h attached here either ereof, which to,
party is unavailab provides „I le to provide c n the event
hours or more are for t during his or he children fo
contact the periods of custod r three other party to of Y, that party steal
care be for fer that part 1 firs t
e c°ntactin th ' y the °pp°rtunit removed 9 ird party care y to provide
from the April givers , shall 23, 2003 Order be deleted an
of Court, d
2' In all of her respects t
shall he terms of th remain in full fo e April 23, 2003
rCe and effect. Order °f Court
BY THE COURT;
Distribution to J,
ATTORNEY FOR P
Dian LAINTIFF: e G' Radcliff, Es ~ ATTORNEY
3448 Trindle quire FOR DEFENDANT:
Cam Road Carol J• Lindsa
p Hill, PA 17011 26 West Y, Esquire High Street Carlisle, pA 17
013
~ r t
IN THE COURT OF COMM ON PLEAS OF CUMBERLA
BARBARA J. WEIBLEY ND COUNTY, PENNSYL VAN IA
Plaintiff
v. .
' No. 01-2099 Civil Ter
m
PAUL WEIBLEY,
' CIVIL ACTION - LAW Defendant ' IN CUSTODY
STIPULATION
AND NOW, this
V sti ulat day of July, 2003. c p e and agree as folio l omes the parties wh
ws: o
1• Paragraph 11 0 f the April 23, 200
marked E 3 Order of Court at xhibit A" and made a tacked hereto,
part hereof, which rovid either party i s unava ' p e s " In the even
liable to provide car t
hours or more d e for the children for wring his or periods of three
contact the oth custody, that party shal er party to offer th 1 first
at party the opportunit care before contactin y t0 provide
g third party care ive removed from the A g rs, shall be deleted
pril 23, 2003 Order o and
f Court.
2. In all other r espects the April 23, 200
in full force a 3 Order of Court sh nd effect, all remain
3• The parties au '
thor1ze the Court to enter an order in accor the provisions of th' danCe '
is Stipulation, with
IN WITNESS WHEREOF
the parties, each in ' hereby, have set the' tending to be le al it hands and seals th g lY bound
e day and year below wr'
itten. WITNESS:
~ ~
(SEALS
ARA J. I L Y., Taint ff
Dated: ~ ~
P ( SEAL ) AUL WEIBLEY, Defendant
Dated: ~ ~ ~ ~ 3
i 1 + '
{ ,
11 i ..%r~~~ 1~
f , a • . R, t.~ J Ili G,'
~ , ~ ~
_~..~,a_,~,~~ ,3
EXHIBIT "A"
4/23/03 CUSTODY ORDER
l::u G._ c~i;.:
.
BARBARA .t. WEIBLEY, .
IN THE COURT OF COMMON PLEA
Plaintiff S OF ' CUMBERLAND COUNTY, PENNSYLV ' ANIA
.
vs. 01.2 099 CNIL ' ACTION LAW
PAUL WEIBLEY
j ~ .
Defendant IN CUST ODY
ORDER OF COURT
AND NOW, this d ~~,u~ da o ~ .
y f ~ consideration of the attached Custod Concili ~ :.Op3, upon
y ation eport, it is ordered and directed as follows'
1. The prior OI-der of this Court d
ated June 27, 2001 is vacated and re laced w' ' p Ith this Order.
2. The parties shall engage in a course
of co-parenting counseling with a I-ofes ' approved by the Father s insurance lan and p slonal who is
p selected by agreement of the arties. Th counseling shall be to assist the arties in d ~ p e purpose of the
enab p eveloping sufficient communication and c ' le them to effectively co- arent and ooperation to
p make decisions for their children. The a ' IIl a minimum of six sessions and shall follow p rues shall participate
fre uenc the reconunendations of the counselor q y and duration of the sessions. All co with regard to the
be shared e StS of COUnSellllg Wlllch are not aid b Ins gually between the parties. The arties p Y urance shall
counselor's o ~ P shall select the counselor and contact tl ffice w1t11II1 two weeks of the date o le
fiI-st sessio f the conciliation conference in order t n. o schedule the
3. The parties shall submit themselve .
s, their minor Children, and an other Ind' ' necessary by the evaluator, to a custod evalu y Ividuals deemed
Mother. The Y anon to be performed by a professional selec purpose of the evaluation shall be to ted by the
concel-nina of ~ ~ ~ obtain independent professional recon ~~o~n~ cuJtody arral~gemelzts which will emendations
shall be res onsible to serve the needs of the Children. The 1'?~other
p pay the costs of the evaluation initial] Court apportion the eval ~ ' y but reser<~es the nght to re nest that t
udtion costs at a later date, The a ' q he necessary by the evaluator ' p riles shall sign all authorizations deemed
in order to obtain additional information ' ' children. pei-tainin~ to the parties and
4. The parties shall make an•anQ '
cements to jointly meet with Justin's s cholo is to obtain recornll~endations re~ardinQ c ' ~ p y g t, Dr. France,
OUI1selII1~ foI the Children.
5. The parties shall select a dietician f
or Justin, Who 1S I'eferred by Justin's h sici a insurance purposes and who offers p y n far
appointments on days and times when both arties c p an attend.
The parties shall schedule all educational, health and related a ointments for Justin oth . pP ~ er
than for ordinary Illnesses} on dates and at times acceptable to both arties to enable bot p h parties to
fully participate in malting decisions regarding Justin's treatment lans. p
7. The Mother, Barbara J. Weibley and the Father, Paul Weible ~ shall have shared legal }
custody of Austin Priest Weibley, born August 24,1986, and Justin Priest Weible born Decem ~ y, b er ..0,
1996. Each parent shall have ail equal right, to be exercised 'ointl with the other arent ton J Y p ial~e all
maJorrion-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 t enns of this paragraph
each parent shall be entitled to all records and information ertainiilg to the Children i ' g . p ~ ncludrn~, but not
limited to, school and medical records and Information. To the extent one arent ' p has possession of any
such records or information, that parent shall be required to share the same or co ies t p hereof, with the
other parent within such reasonable time as to make the records and infor7riation of re asonable use to
the other parent.
8. Pending completion of the custody evaluation and further Order of Court or agI-e ement of
the parti es, the parti es shall have physical custod of the Children in accordanc ' g Y e with the following
schedule.
A. The Mother shall have primary physical custod of Austin with the Father a . Y ~ h ~ ing
liberal periods of partial custody as arranged by a Bement between the arti p es.
B. During alternating weeks, the Mother shall have custod of Justin from M
y onday at 5 :00 pm far six consecutive days through the followin g Sunda at 5:00 rI1 and y p th e
Father shall have custody of ,Tustin from Sunday at 5:00 m for ei gilt consecu 'v p ~ ti e days
through Monday at S:OOpm.
9. The parties shall share or alternate having custod of the Children ov Y er holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment ' A, which shall
run fi om Christmas Eve at 1 ? :00 noon through Christmas Da ~ at 12 ; OO no
e y on, and S grnent B, which shall run from Christmas Da at 12:00 noon tl~roug ~ m Y ~h December ~6 at
12 :00 noon. 1 he Mother shall have custody of the Children Burin Seglne '
nun - g ~ nt A in odd ~beied years and during Segment B in even numbered ears. The Father
cus Y shall have tody of the Children during Segment A in even numbered ears and du
Bin Y ring Segment odd numbered years.
B. ALTERNATING HOLIDAYS: The holida custod eriod on a ' g Y y p lternatin~ holidays
shall run from 9:00 am until 7:00 pm. In odd numbered ears the F
th y ather shall have custody of the children on Easter, July 4 and Thanks ivin and the Mother s g g hall have
custody on Memorial Day and Labor Day. In even numbered ears the Mother sha
have custod th Y ~ 11 y of the Children on Easter, July 4 and Thanltsgiving, and the Father shall
have custody on Memorial Day and Labor Da . Y
C. MOTHER'S DAY 1FATHER'S DA T~ ~ . The Mother slzalI ha~~e custod of t
Children every year on Mother's Y he Day and the Father shall have custod o '
. on Father's Day from 9:00 am u Y f the Chlldren ntll 7:00 prn.
D. The holiday custody schedule shall s upercede aid take precedence over the re~ula
schedule. ~ r
10. Each party shall be entitled to have each sum - custody of the Chlldren for two nonconsecut'
mel when that party is not working, Each ive weeks under this row' ' ~ ~ ~ pa~Y shall schedule periods of vacation cust
p ision during his or herl-e~ular week of c ody ad~ustln~ the sched ~ ustody, although both pal-ties shall be flexibl '
ule to accommodate travel Tans foi• vaca ' e In p ti on.
11. In the event either part is unavaila '
Y ble to provide care for the Children for more dul-ing his or her periods of custod t three hours or
the Y, hat party shall f rst contact the other
opportunity to provide the care before cont ' ~ pa~Y to offer that party actln~ third party caregivers.
12. The parties shall communicate dir ' Childr ectly with each other i-egardin issues c ' Q en, g oncenlln~ the
13. The parties agree to coo crate in '
ADHD on a p ensuring that Justin receives the medication - '
consistent basis as directed b his h sici pi escribed for coo crate in re-ev ' Q Y p Y an for a trial period. The parties agree to
p aluatln~ ,Tustin's treatment tan in 3 ~ further p 0 days.
14. Neither party shall do or sa an '
wren Y ything which may estrange the Childre p t, injul-e the opinion of the Children ~ n from the other
develo as to the other parent, or ham er the free al
pment of t1~e Children's love and res p ld natural arties h pect for tl~e other parent. Both al-ties steal -
p aving contact with the Children col p 1 ensure that third nply with t111S pI'oV1s10i1.
1 S. After completion of the custod e •
Y Valuatloll, In the event that the arties an agreement as to all outstanding custod issues a p are not able to reach
concilia~or witl ' Y t that time, counsel for either art ma
lin sixty days of receipt of the evaluator' ' ~ p Y y contact the additional conference, s written recommendations to schedule an
BY THE COURT,
~ , f '
. es ey O1 er, Jr. J.
cc; Diane G. Radcliff Esquire -Counsel
for Mother Carol J, Lindsa Es uire - ' ; ~ ~ .`T.
Y~ q Counsel for Father ~ ~ ~ .
~1MJte~ r~r.'~ ~~w~ I~(yy~+(~~/~./~f//~~
ii~~lY:, fj'
t ~ '
E COURT OF COMMON PLEAS OF
1 VvTEIBLEY, IN TH ~ BARBS ~ ' ~ LAND COUNTY, PENNSZ LVANIA
Plaintiff ~ CUMBER
01-? 099 CNIL ACTION LA
~'s. '
PAUL WEIBLEY '
efendailt ~ IN CUSTODY D '
PI-ior Jude: J. Wesley Oler, Jr.
ODY CONCILIATION SUMMARY REPORT OUST
BERLAND COUNTY RULE OF CIVIL
IN ACCORDANCE WITH CUl1'I
' piled Custod Conciliator submits the following report: PROCEDURE 1915.3-8, the undersi~ y
hildren who are the subjects of this litigation is 1. The eminent information concerning the C p
as follows:
RTH CURRENTLY IN CUSTODY OF N~A.ME DATE OF BI
' ' le Au ust 24,1986 Mother Austin Priest Weib y g her
' December 20,1996 Mother l Fat ,Tustin Prlest Welbley
A ril 15 2003, with the following individuals in A Conciliation Conference was held on , p
' with leer counsel, Diane G. Radcliff, Esquire, and the attendance: The Mother, Barbara J. Welbley,
Father P auI Weible ,with his counsel, Carol J. Llildsay, Esquire. y
' attached with the exception of the r
3. The amies agreed to entry of an Order in the form as p ~ ~ ' ecoinmendations of the conciliator based on
teen orar custod arrangements for ,Tustin ~ hlcll are the r p ~ y y e time of the conference.
the nor Order and the schedule the parties were using at th p
r ~ , n
Dawn S. Sunday, Esqui e Date Custody Conciliator
A~ ; 1
r_
~ s ..wr i...~
t..~r~ _i
-s ~ ~
_ + i
i..i~
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~ w
BARBARA J. WEIBLEY, : IN THE COURT OF CO
MMON PLEAS OF Plaintiff CUMBERLAND COUNTY PE
' NNSYLVANIA
v. CIVIL ACTION -LAW
PAUL WEIBLEY,
Defendant N0.01-2099 CIVIL TERM
ORDER OF COURT
AND NOW, this 28~ da of October 2003 u • Y pon consideration of Plaintiff s
Petition for Emergency Relief, this matter is referred to the cust ' ' ' ody conciliation process,
and the Court Administrator is requested to facilitate and ex edite t '
p his referral.
BY THE COURT,
esley Ol J.
Diane G. Radcliff, Esq.
3448 Trindle Road
Camp Hill, PA 17011
Attorney for Plaintiff
~ a~~3 a.
Carol J. Lindsay, Esq.
26 West High Street
Carlisle, PA 17013
Attorney for Defendant
Cumberland County Court .
Administrator ~
jt~l~q~o3
:rc
`i~~~4~d
~~i . `
~
~ ~ , ~ ~d a
~
i~ ~ ~
IN THE COURT OF COMM
ON PLEAS OF CUMBERLA ND COUNTy~ PENNSYLVA
NIA
BARBARA J. WEIBLEY
•
Plaintiff .
v. No • .
. 01-2099 Civil Term
PAUL WEIBLEY,
' CIVIL ACTION -LAW
Defendant • IN CUSTODY
PE TITI ON FOR EMERG ENCY RELIEF
TO THE HONORABLE THE JUDGES OF THE SAID COU • RT.
AND NOW, this da of • •
~ y October 2003 • ,your Petitioner, Barbara J. Weible
attorne , Diane G, Y, by her Y Radcliff, Esquire, hereb files t ' ' ' Y his Petition for Emer enc Rel
re resen g y iefandrespectfully p is that:
1 • Your Petitioner is Barba ra J. Weibley, residin at 105 Hil '
g ltop Drive, Mt. Holl S rin Cumberland Coun ,Penns lv Y p gs'
tY y ania, (Mother ,
2• Your Respondent is Pa ' ul Weibley, residin at 484 P
g etersburg Road, Carlisle Cumberl County, Penns lvania "F ~ and
Y , ( ather
3. The parties are the are • p nts of two minor children to wit:
Austin Priest Weible born Au 24,198b, and Justin Priest W ' Y~ gust
eibley, born December 20 199 6 (the Children
4• The partes were reviou ' p sly married to each other, Mot •
her has not remarried. Father ' married to Sandra Weible "Sandr " is now
Y~ ( a
5. This case is currentl en • y p ding before the court. A heari ng has not yet been scheduled due
to
i
the fact that the custod eval ' y uation being performed b Dr. Shi
com 1 Y envold has not yet been p eted. Mother has a ointments s ' pp cheduled with Dr. Shienvold for
Novem October 3 1, 2003 and ber 20, 2003. It is not known i '
f further appointments will be r has a oint equired or if Father still
pp ments to be completed before the eval ' uation report can be issued.
6• On April 23, 2003 an « Order of Court (the 4/23/03 "
Order) was entered ertainin custody of the Children, A t p g to
rue and correct copy of the 4/23/03 '
mark Order is attached hereto ed Exhibit "A" and made a a ' p rt hereof.
7• The 4/23/03 Order rov'
p ides that the parties shall shar e legal custody of the Children
specifically states that: and
"The Mother, Barbara J. Weible a
y, nd the Father, Paul Weible shall ha shared legal custod of y~ ve
y Austin Priest Weibley, born Au ust 2
Justin Pri g 4, 1986, and est Weibley, born December 20 1996. Each parent shall have an
equal right, to be exercised 'ointl wit J Y h the other parent, to make all ma'
non-emergency decisions aff Jor ecting the Children's general well-bein
including, but not limited to all d ' ' g
ecisions regarding their health, education and re igion...
The parties shall communicate dire ctly with each other regardin issues
custody." g of
8• The 4/23/03 order re 1 '
p aced a prior order of Court dated « June 27, 2001 (the b/27101 Or "
which contained identic der al legal custody terms to thos '
e set forth in the 4/23/03 order. A and correct copy of the 6/27/01 true
order is attached hereto marke ' ' " h ~ d Exhibit B and made a art ereof. p
9• An emergenc situatio ' Y n exists in this case because of th '
Sandra a actions of Father and his wife more fully hereafter set forth all of '
which are causin irre arable '
Justin and w g p harm to the child, hich are causin extreme e g motional distress to Mother and '
Justin.
10. On October 6, 2003 Mo ' ther s sister, Susan LaFrentz J ' '
ustin s maternal aunt, who has a close
1 J ~ I' i 1 ~ ~ ~ i
personal relationship with Justin called and asked t o talk to Justin while he was at Father's
home. Sandra answered the hone and told
p Susan LaFrentz that she was not allowed to call Father's home to speak to Justin.
11. On the same October 6, 2003 date Fath er called Mother and asked her to dro some thin
off p gs at his house for Justin. Mother went to Father's •
house and when she tried to answer Justin s
question as to why his aunt Susan could not call hi m back, she was confronted b Sandra who
in fr y ' ont of Justin, became out of control ellin at Mo Y g ther to get out of her house, that she was
calling the police. Justin then became visibl u
y pset and was screaming and cryin that he did g not want her to call the police and have his momm o
y g to~ail. When Sandra ignored his leas p
and continued to call the police he tried to sto h p er from making the call by rabbin for the
h g g pone at which point she shoved him out of the wa . M
y other fearing for her safety and the safety of her son, Justin, removed Justin from F ~ •
ather s home and took him to her home until
she could reach Father and have him come home to be able to directl care for the chil . Y d.
When Father arrived at Mother's home to et J g ustin he appeared so angry that the arties son.
Au p ' stin, would not let him speak to Mother.
12. At a recent meetin with Dr. France g who was involved in counselin for Justin.
g ,Sandra became so out of control that the session had
to be terminated.
13. On May 28, 2003, the arties attended - • p a co parenting counseling session with Danielle Min
. k of Guidance Associates, the counselor selec ted by Father. Sandra came to office with Fath
er and ~ lied out all of the pa erwork for Father
p ,although she did not go into the session. At
that session Father was told that Sandra doe snot know her boundaries, she needs to ste out
of the icture p p and should not be involved in the decision maki •
ng. She also told him that she felt Father and Sandra were co-cons irators
p ganging up on Mother. Fathernever agreed to ask
Sandra to step out and remove herself from th • e picture. At another subsequent session, the
counselor, Danielle Mink, finall told Father not Y to bring Sandra to future a ointments and
not t pp o be in the building.
14. On September 19, 2003 the arties had an a p ppointment with Dr. White and Sandra attended
with Father. When Dr. White asked Father f • or information and he was not uick with his
q
. ~ ,
answer, Sandra jumped in with her information much of which had been included in a fax she
sent Dr. White including some 27 a es of notes on J '
p g ustin. At the end of the appointment Dr. White had the parties come back in the office an '
d Dr. White indicated that Justin is confused
and remembers an argument in the arkin lot. ' p g Sandra became irate and out of control so Dr.
White finally had to ask her to leave. Hera ' p rung comment was that Mother was a horrible
person to which Father did not res and but rather sa '
p ~ t there doing nothing. Dr. White told
Paul that he did not need to brin Sandra to an ' g y further appointments that she did not want to
see her anymore. When Father and Mother left the office and went to make the a ointment
Sandra c pp ' ame over and immediately interjected herself into the con '
versation and asked to get her appointment book to see if the a oin '
pp tment suited her schedule. She also stated her
opinion about the payment of the re uired c - • q o payment for the session.
15. On May 9, 2003, Mother and Father '
attended a medication conference for the arties' ' . p child,
Justin with Dr. Raubinstine to determine if the child, Justin, should be continued on AD . HD
medication. Father brought Sandra to this co nference. Before the conference and while i
n the waiting room, Mother tried to talk with •
Father about the selection of a counselor for . the co-parenting required by the 4/23/03 order. Mother tried to in '
form him that she had called the
Christian counseling service the had revi ~ • y p ously agreed on prior to this meetin . In res
and in fron g ponse, t of the child, Justin, Sandra made a scene ov
er using the Christian counselors. She brought up the letter and notes written '
by Justin s prior Christian counselor Su . san Freyre,
stating that it was all lies and based on Bar bara s false accusations. She further sta
ted that Mother was a liar and Mother abandoned h ' er children. Mother responded to Sandra th '
at this was between Mother and Father and she sh '
ould not be involved. Sandra stated she will
sta out she i not y s Father's wife and will be involved in this. • Mother told her that if she could not
control herself maybe she should ste outside ' p , to which Sandra responded that she could ell
and scream as much as sh y e wanted. Since it was pointless Mother sto e '
pp d attempting to talk with Father. Father sat their and made no c '
omment. Since Sandra was out of control Mother
decided to stop attemptin to communic g ate with Father on this issue. The counselor wa
slater chosen by Father who made an a ointme ' pp nt for Mother without any a reement of Moth '
after g er until the fact.
1 b. On May 20, 2003, the arties had an • p appointment with the nutritionist, Barbara Ri n
g ey.
Sandra came along, Barbara Ri ne ' g y said to Mother you have a ve nice bo '
wonder rY y, he is dust ful. Before Mother could res and » p ,Sandra said oh, thank ou. Afterw
and Mo Y arils Father ther went to the desk to make another '
appointment and agreed to the day when Sandra interjected, wait a minute I have to
check my calendar I am reall filled Y up. Only when she
approved were Mother and Father able to m ' ake the appointment.
17. Whenever Mother has attem t '
p ed to have communication with Father ' to discuss legal custody
matters, Sandra has prevented her from havin g that contact and has told her that she '
permitted to call their h is not ome. When Mother has called, Sandra ells i
y n the background to such an extent that communication with Father is i '
mpossible. For example, on Ma 22 200 Mother called F Y 3,
ather to ask him for phone numbers an ' d names for Justin s friends at his hom
since she found out that he had e been on a trampoline and swimmin
g pool at a friend s house and Mother wanted to know who was ' ' '
supervising him. Father originall said OK tha would ive h Y the
g er the information, but did not commit t o a date. Mother called Father back a few
minutes later about another matter an • d Sandra was screamin in the back r
did g g ound that Mother not need to talk to Justin's friends she has to o much money and time invested in them an
• d they are mine. Father then said he w
ould give Mother the children s first na
arents' mes but not the p names or phone numbers. Mother res onded t ' p hat this was not enou h, and that he w
forcin her to o g as g g door to door to introduce herself. ' Afterwards, on Memorial Da Ma 2
2003 when Mo y' y 6, ther went to peck u Justin he said h '
p e did not want her to o door to door ' is too embarrassi g ' it
ng to him,
18. Around April 4, 2003 shortl • • y before the conciliation conference '
held in this case, Sandra accused Mother of not given Austin messa
g ges from Father and her. This was not true. The
messages were given, but Austin did not want to tal ' k with them.
19. For several months Sandra h ' as been calling the school Bail to se
« y e how Justin is doing and also acting as thou h she were Ju ' '
g stin s Mother.
20. On May 31, 2003, one of M ' other s custodial days, Mother and ~ '
• Mother s sister were at a lineman's competition in New Oxfor '
d, PA in which Austin was artici atin ' them, F p p g. Justin was with
ather and Sandra also attended this eve ' nt. At this event, Sandra descended u on J '
p ustln
~ ~
i i ~ ~ ~ ~
and had words with Mother' '
s sister in front of Justin. As soon
the event with J as Mother returned home fro ustin, Paul called first and aske m d for Justin and then ut
Mother's sister hear p Sandra on the hone. d Sandra sayin are o ~ p
g Y u ok . Did they hurt ou? ' Y
21. Sandra has been a
t events for Justin and has trie ' . d to get him to come awa
is always ve anno i y from Mother. She rY y ng and prevents Mother fro •
m having quail time with ' her children.
22. On man of Moth '
Y er s custodial times Sandr a has made plans for Justi
Mother's time. She n knowing that it was has informed Justin of th ' ese plans without first discussi '
and obtaining her ermissi ng it with Mother p on, As the result when Moth
she is er refuses to glue u her Gusto ' ' made to look like the bad p dial time
person to her son. For exam le F •
Mother if he p ather had previousl asked could have Justin for Mot Y hers holiday, Memorial •
neighborhood bl Day, to take him to a ock party, Mother told Fa
ther no that she had othe ' Sandra and Father r plans with her famil .
told Justin about this nei h Y g borhood block a an on Father's cell h p ~Y d placed a call for him
p one to have Justin ask her if he . could go to the block a in '
with Mother. He was c i p ~Y stead of going ry ng and very upset.
23. Father and Sandr •
a put the child, Justin, on me ' ' dication for ADHD with •
Mother's consent knowi out first securing ng that she was o osed.
pp
24. Father and Sandra t '
erminated the Justin's counselin w' g ith Susan Freyre, M.A. CS '
Mother's consent. ~ CC, without
25. Father has attende ' d on an irregular basis G
ood Shepard Church on R • protestant church. Moth oute 11 in Carlisle, a
er now attends Grace United Methodi
Justin that F st Church. Mother learned fr ather and Sandra were tak' om ing Justin to a stri mall chur
This was done w' p ch, Day Break Church, ithout allowin Mother ' ' •
g to participate in this dec' ' consent. Mother found the ision and without her
church's web site which '
fai did not indicate an rot th upon which she coul Y p estant or other d make a reasonable de ' '
subse uentl a cision as to this matter. The arti q y greed at a co-parentin c p es
g ounseling session that Justin United Methodist Church a would attend Grace
nd not the Day Break Churc still tak' h. Unbeknownst to Mother
ing Justin to the Da Break , Father is Y Church contra to their a
rY greement.
26. Last year Father and Sandra sent Justin to S ' t. Patrick Catholic Vacatio '
Mother's consent. n Bible School without When the sub'ect came '
J up this year, Mother su ' United Methodist Vaca ' ggested going to Grace
tion Bible School, where the '
and Moth parties other child attends church. er previously a reed tot ' Father g his. On May 23 2003
advisin her ~ a typed letter was sent to Moth g that he was goin to se er
g nd the child to vacation Catholic Chu bible school at St. Patri ' rch during his week wit ck s
hout Mother's consent.
27. Sandra attends all ' medical meetin s, school
g conferences and the like ' ' when she attends these pertaining to Justin.
events she takes over so much t ' to hat neither Father nor M be involved. For exam 1 other are able
p e on May 16, 2003, at the scho
so do of care conference for Just' urinated the conference that in, Sandra the teacher, Mrs. Burns
the aren ,only talked to Sandra and n ' p ts. of with
28. For the school e
y ar 2003-2004 Sandra filled ' out Justin s emergenc contac
Father has the rims con Y t card, and listed p ry tact and Sandra and a bab '
ysitter as the emergenc contact. name was not listed at all on th' y Mother s
is card.
29. At a recent s orts p banquet, after Mother h '
ad been given permission to eat with Mo by Father to allow Justin ther, Sandra came over to '
Justin and Mother and tol ' to his Father fi d Justin that he had to talk
rst thereby interferin with t ' ' g he decision that had alre
ady been made.
3 0. On Sunda mornin Y g, September 21, 2003 Mot
her learned from Justin t were given him hat Sandra and Father
g a supplement by the name of ' . Melatonin, one to two i
Justin told her that if p lls every evenin . he took the hold bottle g he would reall eta '
statement fri htene Y g good nights sleep, which g d Mother. Mother then '
took him to the store and h ' supplement and he is ad him show her the
p ked it right out in the vita ' min isle. The bottle did not hav ' cap. Mother read the label whi e a child proof
ch stated that it was for ad
ill in 2 ults and not to exceed mor p 4 hours. It also has wa a than one rnings about consulten with a ' '
persons under g physician; not to be used the age of 1 S; and not to by
be taken by persons wit ~ • to consult w' h psychological disorder
ith Poison Control in the a sand vent of an accidental overdose.
consulted with rior to the Mother was not p child commencin taken t '
g g his supplement nor was th e supplement
• • the child can be harmed by this supplement.
mended b a h sician. Mother fears that recom y p Y
• wear a stri ed shirt that Mother had given ndra told Justin on picture day that he was not to p 31. Sa
him because he looks ugly in stipes
• • • ' in with his maternal grandparents while andra and Father have prohibited Justin from visit g 32. S
in their care.
• ndmother saw Justin playing near the football ame Austin and the maternal gra 3 3 . At a g ~ him
• her a roached Justin. Sandra grabbed ncession stand. When the maternal grandmot pp co
b the arm and ulled him away from her. y p
a note advisin her that she and father had tober 12 2003 Sandra provided Mother with g 34. On Oc ,
• ~ done with out her advance knowledge and consent.
enrolled Justin in karate which was
• ~ other were able to communication and make for to Father s mania a to Sandra, Father and M 3 5 . Pr g
stod decisions on a fairly reasonable basis.
~ oint legal cu y
• ~ t been able to communicate with Father and Since Father s marriage to Sandra, Mother has no 36. .
1 all le al custod decisions because of Sandra s actions. has been pushed out of virtual y g y
of the icture not attend the meetings for the 37. Mother has asked Father to have Sandra stay out p
• ion but Father has i nored her requests and children and not be involved in their communicat g
' to take an action to prevent Sandra's interference. has failed y
• set as the result of Sandra's interference in The child Justin, is becoming confused and up 38. ~ ,
nd frustrated as the result of Father s and Sandra s
custody issues. Mother is becoming upset a
action.
• with as a result of Sandra's and Father's actions. Mother s custodial ri hts are being interfered 39. g
loaded istol in his car, even when the parties' 40. Father has a firearms permit and carries a p
1 1 1
1 , ~ ~ ~ 1
children are with him in that vehicle.
' home Sandra creates a scene or Father the custod exchanges are made at Fathers , 41. When y .
• in front of Justin, which is not in his best interest.
chooses that time to discuss custody issues occur at her home without Sandra being present so as
Mother wants all custody exchanges to
to avoid further harm to Justin.
' dra as she believes that it is not in Justin's
er does not want to have any contact with San 42. Moth
' ess the confrontations that Sandra instigates. best interests to witn
' latin to Sandra's involvement in custody
her believes that unless an order is entered re g 43. Mot tin
' be effectivel destroyed and that the child, Jus matters that Mother s custodial rights will Y
Weible will continue to be harmed. Y
• kin the su lement, melatonin, and believes
Mother believes that the child should not be to g pp 4 . • • le . ment.
' in harms wa as the result of giving him this supp Father and Sandra are placing Justin y
' ather was ordered to provide Mother with the
As art of a Domestic Relations support action F 45. p • • filed
' n and as of the date of this Petition Father has a medical insurance cards for the Childre ,
d to rovide mother with that insurance card. and refuse p
• work ni hts. Mother does not believe it is Father works a rotating schedule and often has to g 46.
• be left in Sandra's care when Father is working. in the best interest of Justin to
• Es uire in this case. A copy of this Petition was
47. Father is re resented by Carol J. Lindsay, q p
r her res onse and osition. As of the date of faxed to that attorney on October 14, 2003, fo p p
• ' ' t indicated her consent to the requested relief. filing of this Petition she has no
• ~ norable J. Wesle Oler, Jr., who entered the The onl ud a assigned in this case is the Ho Y 48. Y J g
aforesaid 6127/01 and 4123103 Custody Orders.
r re uests this Honorable Court to enter an order: WHEREFORE, Mothe q
1 ~ I
~ 1 1 . 1
• ical custod of Justin to Mother pending the final
1. Transferring legal and primary phys y
' 'ect to such ri hts of artial custody for father as the hearing to be held in this case, subs g p
' xercised b Father onl when he can be physically Court deems appropriate to bee y y
' is not left alone with Sandra when Father is working. present, so that Justin
• ' de at Mother's home, and prohibiting Sandra from 2. Requiring all exchanges to be ma
being present at those exchanges.
• ~ ' famil to call Father's home and speak to Justin and 3. Permitting member s of Mother s y
' ' ' rand Sandra from interfering with those phone calls. prohibiting Fathe
' ' ' ' 1 from attendin an meetings, conferences, appointments, 4. Prohibiting Sandra Weib ey g Y
and activities involving the Children.
' ' ' from contactin or havin any communication with any 5. Prohibiting Sandra Weibley g g
rson or enti havin information regarding the Children; pe ty g
• ' ' Father from interferin with or denying Mother's legal
6. Prohibiting Sandra Weibley and g
custody rights;
' ' ' om interferin with Mother's communication with Father,
7. Prohibiting Sandra Weibley fr g
• makin comments to or about Mother when she is including, but not limited to g
attem tin to call, talk to, or meet with Father. p g
' ' in Sandra Weible from calling Mother's home or cell phone. 8. Prohibit g y
' ' ' and Father from askin the children to leave Mother and 9, Prohibiting Sandra Weibley g
' ' r their famil or friends during Mother's custodial periods.
visit with either of them o y
' ' ' and Father from making plans for the child, Justin l o. Prohibiting Sandra Weibley
' other's custodial eriods or from discussing any such plans with the Weibley, during M p
child, Justin Weibley.
~ , 1 i , 1 1
Prohibitin Father and Sandra from ivin the children any supplements to medication 11. g g g
without Mother's knowled a and consent, including but not limited to the supplement g
Melatonin.
they the medical insurance cards for the children 12. Requiring Father to give Mo
Respectfully submitted,
RADCLIFF, ESQUI
3448 Trin le Road
i 1, PA 17011
Phone: (717) 737-0100
Fax: (717} 975-0697
Supreme Court ID # 32112
Attorney for Petitioner/Mother
VERIFICATION
I, the undersigned, hereby verify that the statements made in the for ' ' '
egoing petition for Special
Relief are true and correct. I understand that false statements mad ' e herein are made subs ect to the
penalties of Pa. C.S. § 4904, relating to unsworn falsification to authori '
ties.
BARBARA J. ~VEIBLEY
Date:
.
CERTIFICATE OF SERVICE
I, Diane G. Radcliff, Esquire, hereby certify that on October 14, 2003 , I served the within
Petition for Special Relief this day by depositing the same in the United States Mail, First Class,
Postage Prepaid, in Camp Hill, Pennsylvania, addressed to:
Carol J. Lindsay, Esquire
26 West High Street
Carlisle, PA 17013
I also certify that on October 14, 2003, I served the within petition upon said attorney by
faxing the same by faxing the same to her as follows:
CAROL J. LINDSAY, ESQUIRE
26 West High Street
Carlisle, PA 17013
Phone: (717) 243-6222
Fax: (717) 243-6486
Respectfully submitted,
DCLIFF, ESQUI
oa
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Plaintiff
V~~FIC
I, the ATION undersigned
hereb Ve Relief ar Y r1fY that th e true and co a statements m
n'ect. I and ade in the fo
penalties o erstand that fal regoingpetiti f Pa. C, S, se statem °n for S e •
~ 4904 ents made p clal relating to u here1n are
nSWOn~ falsifi ~ made Sub ~ect cation to a J to the uthorities.
ARA J EB Y
Date: . ~ C~ Q
EiLLl'1.1,~r 1 ~~As~
4/23/03 CUSTODY ORDER
. i r + t • ~ a
IN THE COURT OF COMMON PLEAS 0 F CUMBERLAND COUNTY, PENNSYLVAN
IA
BARBARA J. WEIBLEY,
Plaintiff
v, . No. 01-2099 Civil Term
PAUL WEIBLEY, ;
. CIVIL ACTION -LAW Defendant .
• IN CUSTODY
QRDER NlODIF PING APRIL 2 3 ~~03 G RDER ~F ~~U
RT
A~'D NOW, this day of
2003, upon consideration of the within Stipulation „ IT IS
HEREB ORDERED that:
1. Paragraph 11 of the A ' prll 23, 2003 Order of Court a
„ ttached hereto, marked Exhibit. A and made a ar
p thereof, which provides "In t either part is unav he event
Y allable to provide care for the ' ch~Idreri for three
hours or more during his or ' periods of custody, that part steal '
contact the other ar y 1 f irs t p ty to offer that party the o o .
care before Pp rtun~ ty to provide contacting third party care fivers
g shall be deleted and removed from the April 23, 2003 Or
der of Court.
2. In all other res ects t p he terms of the .April 23 20
shall remain in ~ 03 Order of Court full force and effect.
.,y ~ .i
. , ~ ~ - ; BY THE COURT:
. . , ~
iGIAF ~ . ' t
~ 1 J` ~r: ~ .J. 1
.rye a~
r, i
J.
Distribution to:
ATTORNEY FQR PLAINTIFF:
Diane G. Radcliff ATTORNEY FOR DEFENDANT;
' Esquire Carol J. Lin 3448 Tr_indle Road dsa~, Esquire
Camp Hill, PA 17 26 West High Street
Oll Carlisl e, PA 17013
~ ~
IN THE COURT OF COMMON PLEA S OF CUMBERLAND COUNTY, PENNS
BARBARA J. WEIBLEY, YLVANIA
Plaintiff
v •
' No. 01-2099 Civil Ter ' m
PAUL WEIBLEY, . . CIVIL ACTION - LAW
Defendant
' IN CUSTODY
STIPULATION
AND NOW, this C~ _
y o f Ju 1 y, n 0~ c s da 2 ome th _ 4~
stipulate and agree as follow e ~.~art~:~s who s . , ;
.r . . ~ ~ ` - ~ r ,
1. Paragraph 11 of the A ~ ~
pril 23, 2003 Order of Court marked Exhibit A" attached hereto,.,
and made a part hereof, which r
either p ovldes "fin,.. _the~- eve~it party is unavailable to provide ca re for the children-;for;~:th~~e
hours or more during his or ' periods of custody, that part shal '
contact the other ar y 1 first
p ty to offer that party the o or '
care before pp tun~.ty to provide contacting third party care fivers g shall be deleted and
removed from the April 23, 2003 Or der of Court.
2• In all other res ects t
p he April 23, 2003 Order of C in full force and e ourt shall remain
ffect.
3. The parties authorize the Court to enter an order i
the provisions of thi ~ n accordance with s Stipulation.
IN WITNESS WHEREOF, the arti
p es, each intending to be le all hereby, have set their hands g Y bound
and seals the day and year below
written.
WITNESS : '`f
d
. i (S EA.L )
ARA J. 1 IBL Y, laint f f
Dated: ~ l
(SEAL )
PAUL WEIBLEY, Defendant
Dated : ~ ~ 3
,Y
1 ~ 1 ~ ' , 1
~ ~ I , 1 ' 1 ' ~ .
BARBARA .1. ~'EIBLEY, : IN THE
COURZ OF COMMON PLLAS OF
Plaintiff ~ CUMBERLAND COUNT ' r ~ r ~ ; PENNS~ L~ A?~IA
~'s' O l -2099 CNIL .ACTION LAW
~P.gUL WEIBLEY ~ . ~
Defendant : IN CUSTODY
ORDER OF COURT
AND ND~~, this ~ ~ da of
consid • 2003, u on elation of the attached Custody Col7ciliatioll e oi-t p p , It is ordered and directed as follows:
1. The prior OI•der of this Coul•t dated June 27 200 . 1 is vacated and replaced with this Older.
The parties shall engage in a course of co- anent' a ' Q '
a roved ~ ~ P ins coullsellil~ ~ ith a professional who is pp by the Father s insurance plan and selected b a~ • y ~Ieenlent of the parties. The purpose of tl7e
counseling shall be to assist the parties in develo in p g sufficient communication and coo eration to
enable them to effectively co-parent and make dec' ' P iI Isions for their children. The paI•ties shall artici ate
7 a 1111I11n11iI11 of S1~ SeSSI011S aild S17aII fOIIOW file 1'eC p p OI11117endat10I75 of file COU11SelOr ti~'lth regard t0 file
frequency and duration of the sessions. All cost ' s of counseling whlcl7 ai-e not paid b insurance slla
be steal ed equally between the aI•ties. The 11 P parties shall select the counselor- alld contact tl7e
coul~selol''s off ce wit11iI7 two weeks of the date of the ' ' ' . COIICII]at]OIl CO11feI'eI7Ce In Ol'deI' to schedule file
Irst session.
3. The par-ties shall submit themselves their n ' lrnor Chlldreil, and any other individuals deeil7ed
necessary by t11e eValtlatol-, to a custod evaluation to
Mo Y be perfonl7ed by a professional selected b the thee. The purpose of the evaluation shall be Y to obtain independent professional recomn7elldation
' s ccl~ce111ing ongoing custody arrangements which ~~~ill sense the +1
s11a11 be res ollsib needs of «7e Children. The I`~Iotller p le to pay tl7e costs of the evaluation initials y but reser~~es the I-ight to request that file
Coup apportion the evaluation costs at a late' I date. The parties shall sigh all authorizations dec
necessary by file evaluator in order' to obtain ' ' ~ med additl oval Infonl7 ati on peI-tainii7 ~ to the anti es a
C1111dreI1, ~ p 11d
4. Th e p alai es sha 11 Ill ake an'atl ~emeilts to ' ' ,
to obta' ~ ~ ~Oliltly Il7eet ~ ltll JUSt1I1 s psyC11010~ist DI'. France IIl I eC0I11I11e11dat1o11S I'egardillg COUllsellllg for' the Cllildi'e ~ ~ ~ I1.
Tl~e parties shall select a dietician for Justin ti ~ ho is referred by .lustin's physician f01'
111SUI'al]Ce purposes and «'170 Offers app0111t111e11tS On da''S and t S lilies ~v~~hel7 both parties can attend.
r + i i ~ ~
The paI-ties shall schedule all educatiol]a
1, health and related appointnlellts for ,lust' than for ordil]ary illl]esses} oI] dates and at ti IIl (otl]eI•
Hies acceptable to both parties to enable both arties fully participate ill making decisions rear ' ~ ' ' p t0
~ ~ d1I1~ JustII1 S tleatmel]t plans.
7. Tl]e Mothel•, Barbara J. Weible and the F
custod ~ ~ y atller, Paul Weible}~ sI]all have shal•ed Iega } of Austin Priest Weible ,.born August ? ~ 1
19 Y J 4,1986, and Justin Priest Weible bom Dec ~ 9G. Each parent shall have all e ual right to ~ Y' eIl]ber .,0,
9 ~ be exercised ~olntly with the other arent r mayor non-emel•genc}~ decisions affecting the ~ ~ P , to make all
~ Children s general ~?ell-being including ' to, alI decisions regal•ding their health ed ~ ~ ~ but not lllnlted
each ucatloll and religion. Pursuant to the terms of this patent sI]all be entitled to all 1•ecords gild inforn ' ~ paragraph
11Illlted t0 SCh 1at10n pertallllllg t0 tl]e CI111d1'eI] including but Il ool and medical records and information, of
such recol• To the extent one parent has ossesslon o ds or lnfornlation, that parent shall be re p f any
other are qulred to share the sallle, or co ies thel•eof w' ' P I th tl] e p nt within such reasonable time as to make the •
Iecords and lllfoln]atlon of reasonable use to the other parent.
8. Pending completion of the custod ev '
tI]e a ' y aluatlon and further Older of Coul-t or ag p I-tles, the parties shall have physical custod o ~ ~1 eeinent of
schedule y f file Children Ill accordance with the fo Q Ilowln~
A. The Mother shall have I-inlar h p y p yslcal custody of Austlll, u~lth the Father ha
liberal penods of paI-tial custod as arr ~ ing y angel by agl-een]ent between the arties.
p
B. During alternating weeks file Moth • , el shall hay e custody of ,~uStll] fI•oII] MO1]d
5:00 pnl for six consecutive da s th~•oug a} at i Y ~1] file following SuI]day at 5:00 Ill all
F'atl]el shall I]ave custod of ,Tustll] fr p ~ d the Y an] Sunday at 5:00 pill for ei g1]t consecut'v
through Monday at 5;00 nl. ~ 1 e da} s p
9. The parties shall share or alten]ate '
havlllg custody of the Children ove ~ . r llollda} s as follows.
A. CHRISTMAS: The Christmas II • • ollday shall be dlvlded Into Se~~lent '
11111 fI'Olll C11I7StII]a5 Eve at 1 x:00 ~ A, ~'111CI1 Sllall I]001] thlougll Cl]rlstnlas Day at 1?:00 Iloo
Seg~l1ent B, whlcll shall run front Cl n, and 11lstmas Day at 1?:00 noon through December ~
1 ? :00 noon. T he Mother shall ha~~e cu ~ -.6 at stody of the Children durin g Sealnent A '
numbered years and during Segllle1lt B i , ~ ~ lI] odd
custod of tl ~ n e~ en numbered years. The Father sl]alI have Y ]e Children dul~ng Seg~nellt A in even
B lIl Odd Ilulllbe 1111111bered yealS dlld durlllg Se°1]lellt red yeal s.
B. ALTERNATING HOLIDAY'S: The I]ollda~ custody period on altel-1] ' Q
shall run fl•o111 9:00 gill UI]tll ~;QO 11 0 • at111~ holidays P 1. Ill Odd 11UI11b~I ed yeal'S, t11e Fat11el' S i
custod}1 of the children on Easier r th 1]all hay e uIy 4 and Tllal]l~sgiving and the Mothe
custody on Meli~orial Day and Labor Da 1 shall hay e
1]ave cus ~ ~ Y' ~ e~ ell llunlbered years, the Mother steal tod} of the Children on Easter Jul ~ 4th ~
have custod ~ } and Thanksgiving, gild the Father shall yon Memorial Day and Labor Da , Y
~ ~ •.I ` I a
C. MOTHER'S DAB' /F,gTHER'S D: r' . 4~ . The Mother shall llati~e custod ~ of the
Clllldren every year on Mother's Da a } y nd the Father shall have custod ~ of the Ch'
oil Father's Day from 9:00 and until 7~ } lldren .00 pm.
D. The holiday custody schedule shall su percede alld tape precedence over the l•e~ular
schedule.
10. Each party shall be el~titled to have
each sun custody of the Children for t«~o llonconsecutiv f llnel ~ hen that paI-ty is not workino. Each e u eel's
under- this rov' ' ~ paI-ty shall schedule pel-iods of vacation custod p 1s1011 durlllg 111S Or her 1'egUlar u~eek of custod y .
adjusting the schedu y, although both pal-ties steal] be flexible In le to accommodate travel Tans for vac ' p ati on.
11. Iii the event either pal-t is unavaila ' Y ble to provide care for the Children foI• '
more dul•Il1g leis ol• lien periods of custod tl>lee hours or t y, that party s11aII f rst contact the other a
he oppol-tunity to pro~~ide the care be p ~y to offer that party fore contacting third pal-t careai~~ers
Y ~ .
12. The pal-ties shall communicate dire '
Child • ctly with each other I-egardin isszles c ' U l e11. g oncen~ln~ the
13. The paI-ties agree to coo crate i
~4DHD oil p I1,e11SU1-ing tl]at JUSt1I] receI~~eS the 111ed1cat1o11 ' a consistent basis as directed b his h ,si ~ prescribed for
coo crate in re- ~ Q ~ , y p } clan for a trial period. The paI-ties agree to p e~ aluatln~ .Tustin s treatment ran i ~ ful-t11eI p ll 30 days.
14. Neither pal-ty shall do or sa alp ~ ' . • y ything which play estrange the Cllildre -
p anent, ink ure th e op illi on of the Chil dl-el ~ 11 fl olll th e ot11 er ~ as to the other parent, or hang er the flee a1
development of the Children's lov p ld natural e and respect for the other anent. Both '
parties ha~~ing contact ~~ith the Cllil - p paI-ties shall ensure that third Cllell COI]]ply with t111S 1'OVisloll.
p
15. After- completion of the custod ' y evaluation, In the event that the ai-ties a
all agreement as to all outstanding custod issues p re not able to reach
conciliator w•i~ ' y at that time, counsel for either al-t nla Alin sixty days of recei t of the eva~ I ~ , ~ p y y contact the
additional co - p ~uator s v~iitten 1•ecunlmerldatiolls to scll lifer e11ce, edule an
BY THE COURT,
J t~ ~ ' ~ i ~ U L!
. es ey O1er, ,1r. J
cc; Diaile G. Radcliff, Es hire - CouI1S ~ . q el for I~~1oth er , : ~ ~ ~ . .
Carol ,T. Lindsay, Es wire - Course ~ ~ . ~ , ; ~ : ~ ~ . q 1 for Father 1.
.~--..W.,,,~ r ~
lfw~fN~,y ~TTi rr (f ~•1. Y.~'.?1•~.I ~ I
4
I
' ~ • , ~
BAPLB,gR,~ .r, ~~~TEIBLEY,
IN THE COURT OF COMI1~ z
Plaintiff Olti PLEAS OF ' CUMBERLAND COUI~'TY PE ~ T
S ~ L VAI~~ IA
~~s. OI-?099 CNIL ACTIOI~1 LA~U
PAUL ~~EIBLEY
Defendant ~ m CUSTODI
Pl~or Judge. J. ~~eslev Oler Jr.
r 'f
CvsTOI~y CoNCII~,IA~'ION s UM1~7AR~ REPORT
IN ACCORDANCE WIT
PROCED H CU1ti7BE.RLAND COUNT URE 1915.3-8, the tilldersi~]e Y RULE OF CI~TIL d Custody Conciliatol• submits tl
le followlllg repol-t:
1. The perti17e11t information co '
as folio>>~~s; I1Cen1111~ the CIIIIdreI1 V4~h0 are the sub'ec ,J t5 Of t111S Iltl~afi]o11 1S
_N. ME ~ ATE OF BIRTH Ctl ~ r
l~REN~ LI IN CUSTODY' OF
Ausfiin Priest Weible a Y August 24,19Sb
.rUStlll PI•leSt ~~Ueible ~ Mahler } Decembe120,1996
Mo th er l Fath er
A Conciliation Conference ~ ~ -
attendance: ~ as held on .Apl•11 I S, ?op; ~~ltll t The Mother, Barbara .r. We' ~ Ile fOllOV~ lllg lI]d1ti~IC1uaIS lIl
Father P a r • lbley, with her counsel Diane uI ~ elbley, V~'1t11111S COUI1SeI ~ ~ G. Radcliff, Esquire, and the Carol J. L111dsay, Es wire.
~I
3. The pal-ti es agree d to entl y of an Order In the
tenlpor ary custod ~ an•al ~ fornl as attached with the exce . } l~emenfis for Justin u~hicll are the rec ~ ptlon of the
tI]e prior Oi-der alld the sche olllmendatlons of the conciliator Jule the parties ~~ere using at t1 based on
le time of the conference.
Date ' ' Daum S. Sunday, Es tole
Custody Conciliatol-
EXHIBIT "B"
6/27/01 CUSTODY ORDER
li ~ 1_ ~ t.•. i r ..~rr,.rr. ~ f1W
~ rte.. ix i.'.. . r . :~~.i.r..,... ,r..e.. f
J • WEIBLEy,
Plaintiff IN THE COURT OF
• OOMMON PLEAS OF CUMBERL~
• P~NSYLVANIA vs. •
N0. 01-2099 CI PAUL WEIBLEy VIL T~j
~ •
Defendant ~ CIVIL ACTION -LAW IN CUS~Dy
this ; upon consideration of day °f ~ ~ ~ G
ordered acid the attached Custod ~ 2001, directed as follows; Y Conciliation Re rt
po , it is
1. The Mother, shall have ~'bara J. Weible ,
shared legal cost .y ~ the Father, Paul ' 19x6, and Justin 00~' of Austin Priest We1bley,
Priest, born December Weibley, born A ust 2 equal right, to be exe 20~ 1996. Each ~ 4'
mayor non-e rcised jointly with parent shall have an mergency decisions the other parent, to
including, but not affecting the Children' make all
educati limited to, all ~ s general well-bei on and religion. cisions regarding thei ~
parent shall ~ Pursuant to the ~ter~ r health, entitled to all record °f this paragraph each
Children includi sand informatio informs . but not limited to n pertaining to the
tion,. To the extent ~ school and medical or information, tha °ne parent has records and
th t parent shall possession of any such reC ereof, with the oth be required to share ords
records er parent within su fie same, or copies and information of ~ reasonable time as
reasonable use to the o to make the they parent.
2• The parties sh
accordance wi all have physical th the following sch custody of the Childr edule: en in
. A• The Father shall
Frid have custody of the • aY during weeks when ildren Monday throe under this he WOr~ the da Ii ht gh
provision when the Y g shift. On days Father is worki Cnil~•en have no schoo
ng~ the Mother ma have 1 and fine from 7:30 a.m, until Y custody of the Ch•
care fo 4•~ p•m. if she is ildren r the Children rather t available to provide
han using day care.
B• The Mother shall have custody of the
evening through Frida Children from S when the Fa Y after school or da c unday
Cher works the secon ~ Y are during weeks
D~'ing the Mother' d sh~.ft or the midni • the Ch. s weeks, the Father ght shift. ildren on Tuesda and shall have cost of
unavailable Y Friday evenin s due to her work g when the Mother is
provide care for the and the Father is avails Children, ble to
C• ~ • any weekda ,
Child Y when the Mother is .
ren, the Father shall hav providing care for the 4:00 p.m. if he is av a custody from 11:00 a,m, •
ailable, until
i I
r..r~~~ri~~ V 1.~j1 e r ' ~ ~ '
~~~~'r~"~I~11i'~titl~t ~iltrrui~i~ . ~+k71~~rf4~.~lrt..:.'!>ratlKt;l{":t1~;:1«~., J . ..r r~•., M:... r i
D• The Father shall have cos
subject to r t0~' °f the Children eve w . the Mother s right to have ~ eekend,
month when the Mother is custody one weekend per available to be with the Chi
upon providing notice to the Fath ldren, er one week in advance,
3• In the event the Moth •
is also worki er obtains daytime emplo nt ng~ the parties shall r • Yme when the Father
childcare arrangements fo ooperate in make a ro '
parties r Justin on a consistent ~ pp Priate agree that a parent who is is by agreement. The entitled to preference ove available to provide care sha
r other third part car iv lI be Y eg ers.
4• The parties shall
Children over h share or alternate have olidays as follows: ~ custody of the
A. Cffi~IS:I~IAS: The . Christmas holiday shall •
S~'gment A, which shall run ~ divided into
through Chri fr~n ~ristmas Eve at 12: stmas Day at 12:00 noon ~ noon
shall run from Christmas ~ and Segment B, which at 12:00 DaY at 12:00 noon thro h De
noon. The Mother shall ha ~ camber 26 dur'in9 Segment A in odd n ve custody•of the Children
even n umbered years and Burin • umbered years. The Father g Segment B in
.Children Burin shall have custody of the
~ g S~-'gment A i.n even nwnbered gment B in odd numbered ears. Years and during
Y
B. ALZ~N14T1NG gOLIQAYS
alternate The holiday cyst • ng holidays shall Period on In odd number run from 9.00 am, until 7:00
ed years, the Father shall p•m' Children on Easter, Jar have custody of the
shall hav Y 4th and ~~nksgiving and t e custody ~ Memorial Da he Mother
numbered y~'s, the M Y and Labor Day. In even ~ Eas other shall have cost of
ter, July 4th- and ~ °dY the Children
have cost Th~sgiving, and the Fath ody on Memorial Day and L er shall abor Day,
C. ~ S I~Y~FA~ ~~y
Children The Mother shall have cost
every year on Mother's Da °dY of the
~tOdY of the Gild Y ~ the Father shall have a•m. until ran every year on Father's Da fr 7:00 p.m• Y om 9:00
D• The holiday custod
preceden Y schedule shall supersede ce over the regular cost s and take ody chedule.
5• Each part shall •
two nonco y ~ entitled to have cost nsecutive weeks each sum of the Children for
Party shall schedule er when that party is not work'
Bore h' periods of vacation cost ing• Each ng is or her regular week °dY under this provision
flexible in ad. of custody, although • dusting the schedule to ac parties shall be
vacation. commodate travel laps A for
6• In the event either r Children for three h ~ tY is unavailable to provide
ours or more during his or her care for the party shall first contact t~riods of custod ,that
the other y opportunity to provide the car party t0 offer that part ~ e before contacting third rt Y e
pa y caregivers.
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~ •~.yl is ' y , - ~~11 L!.. ~:;~~•lifv'X~,1y i..att;} n q ;~j~1 .~1j~tt~r;~l. "1n1i:Iit:~i!'i"',i:~..1+ eJ~ a _t~•; r.rnv'i••I: 1:. . ..._........_...~•t^upto:Y~r/lflfvirPllS+;tl::1!7''5, ,
. ~ ~'111~• Ik1il~~ti~IjJTif~~ Ciit?I?•.. ,I~1+ 1 .
' owle a that there may be changes to the parties' ' 7. The parties ackn ~J in cost
o ent schedules which will necessitate a change ody empl ym a that if ad'ustments are necessary, they
arrangements. The parties agre ] ,
will attem t to maintain the game amount of custodial time for each party p
as is provided in this Order. f .
8. This Order is entered pursuant to an agreement of the parties at a
Cost Conciliation Conference. The parties may modify the provisions of ody
this Order by mutual consent. In the absence of mutual consent, the terms +Y
of this Order shall control.
.
ti BY THE OOURT,
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cc: Debra Dennison Cantor, Esquire -Counsel for Mother
Carol J. Lindsa , Es ire -Counsel for Father °1~ Y ~
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BARBARA J. WEIBLEY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF C~UMBERL
• AND COUNTY, PENNSYLVANIA
V. ' 01-2099 CIVIL ACTION LAW
PAUL WEIBLEY
' IN CUSTODY DEFENDANT •
ORDER nF COURT
AND NOW, Wednesday, November O5, 2003
upon consideration of the attached Complaint,
it is hereby directed that parties and their res ectiv p e counsel appear before Dawn S. Sunday, Es . the
at 39 West Main Street, Mechanicsbu ~ c~nctliator, r , PA 17055 on Wednesday, December 03, 2003
for aPre-Hearin Custod Conf at 8:30 AM
g y erence. At such conference, an effort will be made to resolve the issues In dispute; or.
if this cannot be accomplished, to define and nary ow the issues to be heard by the court, and to enter in
order. All children ale five or of to a temporary der may also be present at the conference. Failure
provide grounds for en of a tem to appear at the conference may ~'Y porary or permanent order.
The court hereby directs the parties to furnish a • ny and all existing Protection from Abuse orders
Special Relief orders, and Custody orders to th e conciliator 48 hours prior to scheduled hearin ,
i;
FOR THE COURT,
By: Isl
Custody Conciliator
The Court of Common Pleas of Cumberland Coun
with Disabilites Act of 1990. ty is required by law to comply with the Americans
For information about accessible facilities and rear available to disabled individuals haven burin . onable accom.modatlons
must be m g ess before the court, please contact our office. All ode at least 72 hours pnor to any hearin or burin arrangements
conference or hearin , g ess before the court. You must attend the scheduled g
YOU SHOULD TAKE THIS PAPER TO YOUR HAVE AN ATTORNEY 0 ATTORNEY AT ONCE. IF YOU DO NOT
R CANNOT AFFORD ONE, GO TO OR TELEP FORTH BELOW TO FIND PUT' WHE HONE THE OFFICE SET
RE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedfor. d Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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OCT 2 9 2003
B~ARA J. WEIBLEY '
. ~ • 1N ~ COURT OF CO Plaintiff MMON PLEAS OF
' CtTMBERLAND COUNT ' Y, PENNS'YI,VANIA
v' CIVIL ACTIO - ' N LAW
PAUL WEIBLEY
Defendant
N0.01-2099 CIVIL TE RM
ORDER OF COURT
AND NOW, this 28~ da y of October, 2003, u on c '
p onsideration of Plaintiff s
Petition for Emer enc Re ' • g y lief, this matter is referred • •
to the custody conciliation process,
and the Court Administrator i • ' s requested to facilitate and ex elite '
p this referral.
BY THE COURT,
Wesley Ol J, E
S X F f ' AO i+ 4,A, j 4 iY ' G lane Radcliff, E
3448 Trindl i:r~ I A~ r ~ ~ : ~ ~ ~ ~y ~ ~ ~ . : ~s e Road Y,. ~ ~ , ~ ~ _ . a ~ ~ y ~ !y
Cam Hil ~ ..,a$~~ ~ .~dr,, : Y ; ~ , , ~ p 1PA17 .t~
Attorne for int ~ ; z :7;,,~T.~y ~ ~ ~ ~ I , y Pla iff ~ . ~ ~
tt i ~ i q,1 a' r•
Carol , ~ <<~ ~ Lindsa Es r k . ~ ~ .
26 West Hi ; x ~ 4,~ ~ ~ ~ 4 , ~ ~ . ~ ~ . . ~ W k
sle D arli PA 1 13 ~ r ~ , 70 ~ . ~~rn ~ ,fit
Attorne for ~ ~ ~ ~ w,.~ ~
y Defendant r n 1~~~ , y r `Y 14S ~ r.::~Y 1*,~r, JJ~w ice.. I' R ~ X p~
` ~ r , yr ~ ip r1t ~ y ^.l+ Y i ~ ~F P A'j ~ ~ ~ ~i'" i' ~•t~yr~. Ip, .,y
erland Coun C Y.: ~ ~ ~~r ~~y, ~ ' ~ - • • J d 1 ZI 1 4
d ~ `Y mow' A N~ T l ~ , ~ ~ '"oy, x i .r ministrator ~M "-f ' ~ ~
y' b S S• dI~ +r~ k, n': ~ p 1! ~„n,''1p" y' , , ,
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BARBARA J. VVEIBLEY, IN THE COURT OF
COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVA
NIA
vs. O 1-2099 CNIL ACTION LAVV
PAUL VVEIBLEY
Defendant IN CUSTODY
ORDER OF COURT
boa
AND NOW this ~ day of ~2~ ~ ~
consider ~ , upon anon of the attached Custody Conciliation Report, it is ordered and direc •
ted as follows.
1. The prior Orders of this Court dated Apri123, 2003 and Jul 24 '
eff y , 2003 shall continue in ect.
2. The parties shall engage in a course of co- arentin counselon '
rofe p g g with Deborah Salem or other p ssional selected by agreement. The purpose of the counselon shall ' . g be to assist the parties in
developing sufficient cooperation and communication to enabl e them to effectively resolve issues
which arise concerning the Children and the custod situation. T ' . y he parties shall equally share the cost
of counseling which axe not covered by insurance u to a maxi p mum of $25.00 per party for each
session. In the event each party's co-payment exceeds $25.00 or insuran ' ce coverage is exhausted,
counsel for either party may contact the conciliator to schedule a tel i ephone conference to address the
ssue. The parties agree that in the event of future liti anon in this cu '
be g stody action, neither party shall permitted to present any counselor providing co- arentin counselon ' ' . p g g under this provision as a
witness. The parties shall follow the recommendations of th ' e counselor with regard to the frequency
and duration of counseling,
3. The non-custodial parent shall be entitled to contact the Chil dren by telephone at 7:00 pm
each day. In the event the Children are not available at that tim ' e and the non-custodial parent leaves a
telephone message, the custodial parent shall ensure that the ' Children return the telephone call on the
same day or the custodial parent shall return the call to the other • parent on the same day explaining the
reason for the Children's inability to return the call.
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4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
J. resley Oler, J.
cc: Diane G. Radcliff, Esquire -Counsel for Mother
~~l J. Lindsay, Esquire - Counsel for Father
V •
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BARBARA J. WEIBLEY
' IN THE COURT OF COM Plaintiff . MON PLEAS OF • CUMBERLAND COUNTY P
ENNSYLVANIA
vs. O l -2
099 CNIL ACTION LA W
PAUL WEIBLEY
Defendant . • IN CUSTODY
Prior Judge: J. Wesle Oler Jr Y
CUSTODY CONCILIATIO N SUMN~Ry REPORT
IN ACCORD~CE WIT
PROCEDU H CUMBERLAND COU RE 1915.3-8, the undersi e NTY RULE OF CIVIL gn d Custody Conciliator submi
is the following report;
1. The pertinent information as follows: concerning the Children who are the sub'
sects of this litigation is
NAME = DATE OF BIRTH CURRENTLY IN CUSTOD
Y OF Austin Priest Weible
. Y August 24,1986 Justin Priest Weible Mother
Y December 20,1996
Mother /Father
2 • A Conciliation Conferenc in attendan a was held on December 22 2003
ce. The Mother, Barbara J. Wet ~ ,with the following individuals Father Paul bley, with her counsel Di
Weibley, with his counsel C ~ ~ ane G• Radcliff, Esquire and th arol J. Lindsay, Esquire. e
3 • It was agreed at the con Mot ference that the conciliator • her's counsel on the issue of _ would await further advic
co parenting counselin .The ' • e from the the Mother's agreement to g conciliator was subse ue
the counseling and the anti q ntly advised of attached. It should be noted tha p es agree to entry of an Order in t
t the parties are currentl c he form as Sheinvold, PhD. In the event Y ompleting a custod evaluat'
the parties are unable to reso y ion by Arnold for Emergency Relief and lve the issues raised b the ' •
other concerns raised at the Y Mother s Petition it was agreed that these issu conference through the co- wren ' •
es would be later resolved as art p tang counseling, p of the overall custod determi
Y nation.
Date
Dawn S. Sunday, Es uire q
Custody Conciliator
BARBARA J. WEIBLEY,
Plaintiff/Respondent
VS.
PAUL WEIBLEY,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL. ACTION - LAW
NO. 2001 - 2099 CIVIL TERM
IN CUSTODY
PETITION FOR MODIFICATION
AND NOW comes PAUL WEIBLEY, Defendant above, by and through his
counsel, Saidis, Shuff, Flower & Lindsay, and petitions this Honorable Court for
modification as follows:
1. The parties hereto are parents of two children, Austin Priest Weibley,
born August 24, 1986, and Justin Priest Weibley, born December 20,
1996. Austin will be eighteen and is not the subject of this petition.
2. Custody of the parties' children is controlled by a Court Order of April 23,
2003. A copy of the Court's Order of April 23, 2003 is attached hereto as
Exhibit 'A'.
3. Subsequent to the entry of the Court's Order, the parties underwent a
custody evaluation at the request of Respondent by Dr. Arnold
Shienvold. A copy of Dr. Arnold Shienvold's report of February 20, 2004
is attached hereto as Exhibit 'B'. Dr. Shienvold's recommendations
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
include:
1. Respondent should begin individual therapy to help her
deal more effectively with her depression and anger;
2. The parties enter co-parent counseling;
3. If Respondent is unable to agree to the
recommendation of counseling, or if Justin's current
adjustment begins to deteriorate, then Paul's home
should be considered the primary residence of the child
during the school year.
4. Modification of the Custody Order in this case is sizeable required:
1. Respondent has not engaged in personal counseling of
any meaningful sort;
2. Respondent refuses to get engaged in couples
counseling;
3. Respondent refuses; to cooperate in the treatment of
the child's ADHD or to pay any attention to the child's
nutritionist's recommendations.
WHEREFORE, Petitioner prays this Honorable Court to award to him legal and
physical custody of the child with periods of partial custody in Respondent confident
with the child's education and physical health.
SAIDIS, SHUFF, FLOWER & LINDSAY
Au--- I `-
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS•AT•I.AW
26 W. High Street
Carlisle, PA
Date: Ely: ?A?
Carol J. Lindsay E.
ID# 44693
26 West High Stpee
Carlisle, PA 17013
(717) 243-6222
2
VERIFICATION
I verify that the statements made in the foregoing PETITION FOR
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYR•AT•LAW
26 W. High Street
Carlisle, PA
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: S?(f
5
BARBARA J. WEIBLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. :2001 - 2099 CIVIL TERM
PAUL WEIBLEY,
Defendant/Petitioner : IN CUSTODY
CERTIFICATE OF SERVICE
AND NOW, this day of , 2004, I,
Carol J. Lindsay, Esquire, of the law firm of SAIDIS, S FF, FLOWER & LINDSAY,
Attorneys, hereby certify that I served the within PETITION FOR MODIFICATION this
day by depositing same in the United States Mail, First Class, Postage Prepaid, in
Carlisle, Pennsylvania, addressed to:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
SAIDIS, SHUFF, FLOWER & LINDSAY
Attorneys for Defendant/Petitioner
By: -/
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
Carol? Lind§ay,(ES(
ID# 44693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
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BARBARA J. WEIBLEY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 01-2099 CIVIL ACTION LAW
PAUL WEIBLEY IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday August 19, 2004 _, 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 Oil... Tuesday, September 14, 2004 at 12:30 PM
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 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,_Sunt?a1. mhc
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 r contact our office.
accommodations available to disabled individuals having business before the court, please
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
1 7
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BARBARA J. WEIBLEY,
Plaintiff
V.
PAUL WEIBLEY,
Defendant
No. 01-2099 Civil Term
CIVIL ACTION - LAW
IN CUSTODY
NOTICE TO PLEAD
TO: Paul Weibley
c/o Carol J. Lindsay, Esquire
26 West High Street
Carlisle, PA 17013
You are hereby notified to file a written response to the endorsed New Matter within
20 days from service hereof or a judgment may be entered against you.
Respectfully submitted,
FF, ESQUIRE
Trindle
iii[l PA 17011
Phone: (717) 737-0100
Supreme Court ID # 32112
Attorney for Plaintiff, Barbara J. Weibley
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BARBARA J. WEIBLEY,
Plaintiff
V.
PAUL WEIBLEY,
Defendant
No. 01-2099 Civil Term
CIVIL ACTION - LAW
IN CUSTODY
ANSWER AND COUNTERCLAIM
TO PETITION FOR MODIFICATION
Barbara J. Weibley, Plaintiff in the above-referenced action, by and through her
attorney, Diane G. Radcliff, Esquire, and files this Answer and Counterclaim to
Defendant, Paul Weibley's Petition for Modification as follows:
ANSWER
1. Admitted. It is admitted that parties are the parents of two minor children,
Austin Priest Weibley, born August 24, 1986, and Justin Priest Weibley, born
December 20, 1996. It is further admitted that Austin is age 18 and not the
subject of these proceedings.
2. Admitted in part and denied in part. It is admitted that the custody of the child,
Justin Priest Weibley, is controlled in part by an Order of Court dated April 23,
2003. It is further averred that the April 23, 2003 Order was modified by an Order
of Court dated July 24, 2003, and and Order of Court dated January 5, 2004, true
and correct copies of which are attached hereto, marked Plaintiff's Exhibit "A"
and "B" respectively, and made a part hereof, and as a result custody of Justin
Priest Weibley is governed by all three Orders.
3. Admitted. It is admitted that subsequent to the entry of the court order the
parties underwent a custody evaluation at the request of Plaintiff, Barbara J.
Weibley, performed by Dr. Arnold Shienvold. It is further averred, however, that:
A. Dr. Shienvold's evaluation report and recormendations are not relevant
to these proceedings in that the parties never agreed to follow his
recommendations
B. Dr. Shienvold's evaluation report and recommendations are not relevant to
2
these proceedings in that the report is hearsay as it was never properly
admitted in any Court proceedings and was made a part of any Court order.
C. Dr. Shienvold's evaluation report and recommendations are not relevant
to these proceedings in that Dr. Shienvold was Plaintiff, Barbara J.
Weibley's expert and he is forbidden from testifying in any proceeding
without Plaintiff, Barbara J. Weibley's consent which will not be given
unless she is reimbursed for the $5,000 + Plaintiff, Barbara J. Weibley, paid
him.
4. Denied. It is denied that modification of the custody order in this case is sizeable
[sic] required :
A. Denied. It is denied that the Plaintiff, Barbara J. Weibley, has not engaged
in any personal counseling of any meaningful sort. On the contrary it is
averred that she did attend counseling and the counselor indicated to her
that no further counseling was required.
B. Denied. It is denied that Plaintiff, Barbara J. Weibley, refused to engage
in any couples counseling. No couples counseling has been requested by
either party since Dr. Shienvold's report was issued. By way of further
Answer, and as set forth in the January 5, 2004 Order, co-parenting
counseling was to take place only if each party's co-payment share of the
expenses was $25.00 or less. When the parties investigated co-parenting
counseling, they discovered that father's insurance would not cover the
same and thus the costs would exceed the $25.00 limitation. As a result it
was agreed that the co-parenting counselling would not proceed since
Defendant, Paul Weibley, refused to pay for the same and Plaintiff, Barbara
J. Weibley, could not afford it. Verification of this set of facts is verified
on Plaintiff, Barbara J. Weibley's attorney's letter dated January 28, 2004,
to the Custody Conciliator, Dawn Sunday, Esquire, a true and correct copy
of which is attached hereto, marked Exhibit "C" and made a part hereof.
C. Denied. It is denied that the Respondent has refused to cooperate in the
treatment of the child's ADHD or to pay attention to the child's
nutritionist's recommendations. On the contrary and by way of further
Answer, it is averred that:
1. Plaintiff, Barbara J. Weibley, has at all times cooperated with the
treatment of the child's ADHD,
2. Plaintiff, Barbara J. Weibley, has given the child his ADHD
3
medication in a timely and appropriate manner.
3. Defendant, Paul Weibley, and his wife have continually and falsely
accused Plaintiff, Barbara J. Weibley, of failing to give the
medication even though they have received independent information
that such medication has been given.
4. Defendant, Paul Weibley, and his wife interrogate the child about
whether or not his mother gives him the medication.
5. Defendant, Paul Weibley, has attempted to thwart the Plaintiff,
Barbara J. Weibley's ability to cooperate with said treatment by
refusing to provide her with medication for the child's AND
treatment and thereby requiring her to secure that medication and
to pay for the same.
6. Plaintiff, Barbara J. Weibley, has followed the nutritionist's
recommendations.
7. Defendant, Paul Weibley, and his wife have continually and falsely
accused Plaintiff, Barbara J. Weibley, of failing to follow the
nutritionist recommendations.
8. Defendant, Paul Weibley, has made additional dietary requirements
other than those recommended by the child's nutritionist and, in
fact, directly contrary to those recommendations.
9. Defendant, Paul Weibley, and his wife constantly interrogate the
child about the things that he eats at his mother's home.
WHEREFORE, the Plaintiff, Barbara J. Weibley, respectfully requests this
Honorable Court to deny the Defendant, Paul Weibley's prayer to this Honorable Court
to award him legal and physical custody of the child, with periods of partial custody in
Plaintiff, Barbara J. Weibley.
COUNTERCLAIM
5. Plaintiff, Barbara J. Weibley, incorporates by reference the answers and
averments set forth in Paragraphs 1-5 herein the same as of fully set forth at
length.
4
6. Defendant, Paul Weibley, has failed to engage in any couples counseling.
7. Since the entry of the January 5, 2004 Order the Defendant, Paul Weibley, and his
wife, Sandra Weibley, have continued to attempt to undermine Plaintiff, Barbara
J. Weibley's relationship with the child and have placed him in the middle of these
custody disputes to his emotional detriment.
8. Since the entry of the January 5, 2004 Order the Defendant, Paul Weibley, and his
wife, Sandra Weibley, have continued to interrogate the child about custody issues
to his emotional detriment.
9. Since the entry of the January 5, 2004 Order the Defendant, Paul Weibley, has
failed to see that the child properly attends school his having missed
approximately seven (7) full or partial days of school from January 1, 2004 through
the end of the 2003-2004 school year.
10. The Plaintiff, Barbara J. Weibley, believes that the Defendant, Paul Weibley, has
not been acting as a proper custodial parent and that custody should be changed
to grant her primary physical custody of the child with periods of partial custody
in the Defendant, Paul Weibley.
WHEREFORE, Plaintiff, Barbara J. Weibley, respectfully requests this Honorable
Court to enter an order granting her primary physical custody of the child, subject to
partial physical custody of the child with the Defendant, (Paul Weibley, and shared legal
custody of the child with the parents.
Respectfully submitted,
LIFF, ESQUIRE
Cef-hFiW,--FA 17011
Phone: (7117) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Plaintiff Barbara Weibley
VERIFICATION
I, the undersigned, hereby verify that the statements made in the foregoing
petition for Special Relief are true and correct. I understand that false statements
made herein are made subject to the penalties of Pa. C.S. § 4904, relating to unsworn
falsification to authorities.
6
Date: ??cr"a
Exhibit "A"
JULY 24, 2003 ORDER OF COURT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BARBARA J. WEIBLEY,
Plaintiff
V.
PAUL WEIBLEY,
Defendant
No. 01-2099 Civil Term
CIVIL ACTION - LAW
IN CUSTODY
ORDER MODIFYING APRIL 23, 2003 ORDER OF COURT
AND NOW, this lq?day of , 2003, upon consideration of
the within Stipulation,, IT IS ?EREBf0RDERED that:
1. Paragraph 11 of the April 23, 2003 Order of Court attached hereto,
marked Exhibit A" and made a part hereof, which provides "In the event
either party is unavailable to provide care for the children for three
hours or more during his or periods of custody, that party shall first
contact the other party to offer that party the opportunity to provide
care before contacting third party care givers. 11 shall be deleted and
removed from the April 23, 2003 Order of Court.
2. In all other respects the terms of the April 23, 2003 Order of Court
shall remain in full force and effect.
Distribution to:
BY THE COURT:
15 GJ OLA)
J? y
1
J.
ATTORNEY FOR PLAINTIFF: ATTORNEY FOR DEFENDANT:
Diane G. Radcliff, Esquire Carol J. Lindsay, Esquire
3448 Trindle Road 26 West High Street
Camp Hill, PA 7.7011 Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BARBARA J. WEIBLEY,
Plaintiff
V. No. 01-2099 Civil Term
PAUL WEIBLEY, CIVIL ACTION - LAW
Defendant IN CUSTODY
STIPULATION
,` c,
AND NOW, this ? day of July, 2003, comes the _parties who
stipulate and agree as follows:
1. Paragraph 11 of the April 23, 2003 Order of Court attached hereto,.
marked Exhibit A" and made a part hereof, which provides "In the.event
either party is unavailable to provide care for the children forthree
hours or more during his or periods of custody, that party shall first
contact the other party to offer that party the opportunity to provide
care before contacting third party care givers." shall be deleted and
removed from the April 23, 2003 Order of Court.
2. In all other respects the April 23, 2003 Order of Court shall remain
in full force and effect.
3. The parties authorize the Court to enter an order in accordance with
the provisions of this Stipulation.
IN WITNESS WHEREOF, the parties, each intending to be legally bound
hereby, have set their hands and seals the day and year below written.
WITNESS:
(SEAL)
SARA J. I LE?Y?, _slaintff
Dated: Q? J?? `?
(SEAL)
PAUL WEIBLEY, Defendant
Dated: 7 -4 -03
BARBARA J. WEIBLEY,
Plaintiff
VS.
PAUL WEIBLEY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Defendant
01-2099
IN CUSTODY
CIVIL ACTION LAW
ORDER OF COURT
AND NOW, this day of ?',Zf 2003, upon
consideration of the attached Custody Conciliation eport, it is ordered and directed as follows:
1. The prior Order of this Court dated June 27, 2001 is vacated and replaced with this Order.
2. The parties shall engage in a course of co-parenting counseling with a professional who is
approved by the Father's insurance plan and selected by agreement of the parties. The purpose of the
counseling shall be to assist the parties in developing sufficient communication and cooperation to
enable them to effectively co-parent and make decisions for their children. The parties shall participate
in a minimum of six sessions and shall follow the reconunendations of the counselor with regard to the
fi-equency and duration of the sessions. All costs of counseling which are not paid by insurance shall
be shared equally between the parties. The parties shall select the counselor and contact the
counselor's office within two weeks of the date of the conciliation conference in order to schedule the
first session.
3. The parties shall submit themselves, their minor Children, and any other individuals deemed
necessary by the evaluator, to a custody evaluation to be perfonned by a professional selected by the
Mother. The purpose of the evaluation shall be to obtain independent professional recommendations
concerring ongoing custody arrangements which will serve the needs of the Children. The Mother
shall be responsible to pay the costs of the evaluation initially but reserves the right to request that the
Court apportion the evaluation costs at a later date. The parties shall sign all authorizations deemed
necessary by the evaluator in order to obtain additional information pertaining to the parties and
children.
4. The parties shall make arrangements to jointly meet with Justin's psychologist, Dr. France,
to obtain recommendations regarding counseling for the Children.
?. The parties shall select a dietician for Justin, who is referred by Justin's physician for
insurance purposes and who offers appointments on days and times when both parties call attend.
6. The parties shall schedule all educational, health and related appointments for Justin (other
than for ordinary illnesses) on dates and at times acceptable to both parties to enable both parties to
fully participate in making decisions regarding Justin's treatment plans.
7. The Mother, Barbara J. Weibley and the Father, Paul Weibley shall have shared legal
custody of Austin Priest Weibley, born August 24, 1956, and Justin Priest Weibley, bom December 20,
1996. 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 terns of this paragraph
each parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information. 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.
S. Pending completion of the custody evaluation and further Order of Court or agreement of
the parties, the parties shall have physical custody of the Children in accordance with the following
schedule:
A. The Mother shall have primary physical custody of Austin, with the Father having
liberal periods of partial custody as arranged by agreement between the parties.
B. During alternating weeks, the Mother shall have custody of Justin from Monday at
5:00 pm for six consecutive days through the following Sunday at 5:00 pill, and the
Father shall have custody of Justin from Sunday at 5:00 pill for eight consecutive days
through Monday at 5:00pm.
9. The parties shall share or alternate having custody of the Children over holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall
tun from Cluristmas Eve at 13:00 noon through Christmas Day at 12:00 noon, and
Segment B, which shall tun f-om Christmas Day at 12:00 noon through December 26 at
12:00 noon. The Mother shall have custody of the Children during Segment A in odd
numbered years and during Segment B in even numbered years. The Father shall have
custody of the Children during Segment A in even numbered years and during Segment
B in odd numbered years.
B. ALTERNATING HOLIDAYS The holiday custody period on alternating holidays
shall tun from 9:00 am until 7:00 pill. In odd numbered years, the Father shall have
custody of the children on Easter, Jul), 4`h and Thanksgiving and the Mother shall have
custody on Memorial Day and Labor Day. In even numbered years, the Mother shall
have custody of the Children on Easter, Jul), 4`h and Thanksgiving, and the Father shall
have custody on Memorial Day and Labor Day.
C MOTHER'S DAY /FATHER'S DAY The Mother shall have custody of the
Children every year on Mother's Day and the Father shall have custody of the Children
on Father's Day from 9:00 am until 7:00 pm.
D. The holiday custody schedule shall supercede and take precedence over the regular
schedule.
10. Each party shall be entitled to have custody of the Children for two nonconsecutive weeks
each summer when that party is not working. Each party shall schedule periods of vacation custody
under this provision during his or her regular week of custody, although both parties shall be flexible in
adjusting the schedule to accommodate travel plans for vacation.
11. lip the event either party is unavailable to provide care for the Children for three hours or
more during his or her periods of custody, that party shall first contact the other party to offer that party
the opportunity to provide the care before contacting third party caregivers.
12. The parties shall communicate directly with each other regarding issues concerning the
Children.
13. The parties agree to cooperate in ensuring that Justin receives the medication prescribed for
ADHD on a consistent basis as directed by his physician for a trial period'. The parties agree to further
cooperate in re-evaluating Justin's treatment plan in 30 days.
14. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion of the Children as to the other parent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that third
parties having contact Nvith the Children comply with this provision.
15. After completion of the custody evaluation, in the event that the parties are not able to reach
an agreement as to all outstanding custody issues at that time, counsel for either party may contact the
conciliator within sixty days of receipt of the evaluator's written reconnne:idations to schedule an
additional conference.
BY THE COURT,
cc: Diane G. Radcliff, Esquire - Counsel for Mother
Carol J. Lindsay, Esquire - Counsel for Father
e ey Oler, Jr. J.
BARBARA J. WEIBLEY,
Plaintiff
Vs.
PAUL WEIBLEY
Defendant
Prior Judge: J. Wesley Olcr, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PEI\ 1NSYLVANIA
01-2099 CIVIL ACTION LAW
N 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:
I. The pertinent information concerning the Children who are the subjects of this litigation is
as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Austin Priest Weibley August 24, 1986 Mother
Justin Priest ??7eibley December 20, 1996 Mother / Father
2. A Conciliation Conference was held on April 15, 2003, with the following individuals in
attendance: The Mother, Barbara J. Weible.y, with her counsel, Diane G. Radcliff, Esquire, and the
Father, Paul Weibley, with his counsel, Carol J. Lindsay, Esquire.
3. The parties agreed to entry of an Order in the form as attached with the exception of the
temporary custody arrangements for Justin which are the recommendations of the conciliator based on
the prior Order and the schedule the parties were using at the time of the conference.
,2 i2- 1?
Date Dawn S. Sunday,, Esqu -
Custody Conciliator
Exhibit "B"
JANUARY 5, 2004 ORDER OF COURT
DEC 3 1 2003
BARBARA J. WEIBLEY,
Plaintiff
VS.
PAUL WEIBLEY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2099
CIVIL ACTION LAW
IN CUSTODY
Defendant
ORDER OF COURT
AND NOW, this -?
it d
i-a, ay of ( (' 200', upon
consideration of the attached Custody Conciliation Report, it is ord ed and directed as follows:
1. The prior Orders of this Court dated April 23, 2003 and July 24, 2003 shall continue in
effect.
2. The parties shall engage in a course of co-parenting counseling with Deborah Salem or other
professional selected by agreement. The purpose of the counseling shall be to assist the parties in
developing sufficient cooperation and communication to enable them to effectively resolve issues
which arise concerning the Children and the custody situation. The parties shall equally share the cost
of counseling which are not covered by insurance up to a maximum of $25.00 per party for each
session. In the event each party's co-payment exceeds $25.00 or insurance coverage is exhausted,
counsel for either party may contact the conciliator to schedule a telephone conference to address the
issue. The parties agree that in the event of future litigation in this custody action, neither party shall
be permitted to present any counselor providing co-parenting counseling under this provision as a
witness. The parties shall follow the recommendations of the counselor with regard to the frequency
and duration of counseling.
3. The non-custodial parent shall be entitled to contact the Children by telephone at 7:00 pm
each day. In the event the Children are not available at that time and the non-custodial parent leaves a
telephone message, the custodial parent shall ensure that the Children return the telephone call on the
same day or the custodial parent shall return the call to the other parent on the same day explaining the
reason for the Children's inability to return the call.
4. 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,
i
J. Wesley Oler, J . J.
cc: Diane G. Radcliff, Esquire - Counsel for Mother
Carol J. Lindsay, Esquire - Counsel for Father
TRUE COPY FRrW prr°o"
In Testimony wlej 3f, I is ,- unto sct my hand
an a seal of )sd Court at CarlislePaTl. .......5...r. of. ....,
BARBARA J. WEIBLEY,
Plaintiff
vs.
PAUL WEIBLEY
Defendant
Prior Judge: J. Wesley Oler, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2099 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
Austin Priest Weibley August 24, 1986 Mother
Justin Priest Weibley December 20, 1996 Mother / Father
2. A Conciliation Conference was held on December 22, 2003, with the following individuals
in attendance: The Mother, Barbara J. Weibley, with her counsel, Diane G. Radcliff, Esquire, and the
Father, Paul Weibley, with his counsel, Carol J. Lindsay, Esquire.
3. It was agreed at the conference that the conciliator would await further advice from the
Mother's counsel on the issue of co-parenting counseling. The conciliator was subsequently advised of
the Mother's agreement to the counseling and the parties agree to entry of an Order in the form as
attached. It should be noted that the parties are currently completing a custody evaluation by Arnold
Sheinvold, PhD. In the event the parties are unable to resolve the issues raised by the Mother's Petition
for Emergency Relief and other concerns raised at the conference through the co-parenting counseling,
it was agreed that these issues would be later resolved as part of the overall custody determination.
Date -7'- Dawn S. Sunday, Esquire
Custody Conciliator
Exhibit "C"
JANUARY 28, 2004 LETTER
TO CUSTODY CONCILIATOR
DIANE G. RADCLIFF9 ESQUIRE
Attorney at Law
3448 Trindle Road Phone: (717) 737-0100
Camp Hill, Pennsylvania 17011 Facsimile: (717) 975-0697
January 28, 2004
Dawn S. Sunday, Esquire
39 W. Main Street
Mechanicsburg, PA 17055
Re: Barbara J. Weibley v. Paul Weibley
Cumberland County Custody Action #01-2099
Dear Dawn:
On January 5, 2004, the enclosed order was entered in the above referenced case
requiring the parties to attend co-parenting counseling with Deb Salem or such other
counselor as may be selected by agreement of the parties. This order further provided that
if the costs of each parties' co-payments exceeds $25.00, that either party can request a
telephone conference to address the issue. At the time of the conference the parties agreed
to this provision based on their assumption that father's insurance would cover the majority
of the costs of that counseling. Attorney Lindsay has, however, recently informed me that
Paul Weibley's insurance will not cover any of the costs of the co-parenting counseling and
as a result the costs will greatly exceed the $25.00 limitation.
Because Barbara Weibley is paying for the entire custody evaluation costs, with no
contribution from Paul Weibley, she simply cannot afford to make an additional contribution
towards counseling. Further, she is doubtful that such counseling will be of any benefit since
she has been unable to exercise her telephone contact rights set forth in Paragraph 3 of the
enclosed order. She, therefore, is requesting that the requirement to attend co-parenting
counseling be deleted from the order.
This position then leads us to the next issue of what to do with her contempt Petition
that was the underlying basis of this order. I have been advised that Dr. Shienvold has
completed his evaluation and that a report should be issued in the next few weeks. If an
agreement is not reached as the result of that report, I would like the hearing on our Petition
scheduled for the same time as the hearing on the underlying custody case rather than have
a separate hearing. On the other hand, if an agreement is reached, the issues in the last
Petition may well be moot.
Page 2
Dawn S. Sunday, Esquire
January 28, 2004
I am willing to have a conference call to discuss the issues raised in this letter should
you so desire. I will, therefore, await your further instructions and directions.
Very truly yours,
DIANE G. RADCLIFF, ESQUIRE
DGR/dr
Enclosure(s):
1/5/04 Order
cc: Carol Lindsay, Esquire
Barbara Weibley
File 10-03-CS
TRANSMITTED BY MAIL
CERTIFICATE OF SERVICE
I, Diane G. Radcliff, Esquire, hereby certify that on OlA1Cr?, bUt) i aOcx/'
I served the within Answer and Counterclaim to Petition for Modification this day by
depositing the same in the United States Mail, First Class, Postage Prepaid, in Camp
Hill, Pennsylvania, addressed to:
Carol J. Lindsay, Esquire
26 West High Street
Carlisle, PA 17013
FF, ESQUIRE
&_l W fPW'17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Plaintiff, Barbara J. Weibley
7
RECEIVED APR 13 2005??,?
BARBARA J. WEIBLEY
Plaintiff
vs.
PAUL WEIBLEY
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2099
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this day of lop, . , 2005, upon
consideration of the attached Custody onciliation Report, it is or ered and directed as follows:
1. A hearing is scheduled in Courtroom No. of the Cumberland County Courthouse
30 .
mtestimony will be
on the ?S-C?L day of gLLnr, , 2005, t h'time.
taken. For purposes of the hearing the Father, Paul Weibley, shall be deemed to be the moving party
and shall proceed initially with testimony. Counsel for the parties shall file with the Court and
opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who
are expected to testify at the hearing, and a summary of the anticipated testimony of each witness.
These memoranda shall be filed at least 10 days prior to the hearing date.
2. Pending the hearing and further Order of Court or agreement of the parties, the prior Order
of this Court dated January 5, 2004 shall continue in effect.
cc:?lliane G. Radcliff, Esquire - Counsel for Mother
Xarol J. Lindsay, Esquire - Counsel for Father 1
1iAY,
BY THE COURT,
2,J4, c 11 117
BARBARA J. WEIBLEY
Plaintiff
vs.
PAUL WEIBLEY
Defendant
Prior Judge: J. Wesley Oler, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2099 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 Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Justin Priest Weibley December 20, 1996 Mother/Father
2. A conciliation conference was held on September 14, 2004, with the following individuals in
attendance: The Mother, Barbara J. Weibley, with her counsel, Diane G. Radcliff, Esquire, and the
Father, Paul Weibley, with his counsel, Carol J. Lindsay, Esquire.
3. This Court previously entered Orders in this matter on April 23, 2003, July 24, 2003 and
January 5, 2004 under which the parties shared having physical custody of the Child on an alternating
weekly basis. After entry of the last Order, the parties had a custody evaluation performed by Arnold
Shienvold, Ph.D. at the Mother's request. The Father filed this Petition for Modification seeking
primary physical custody of the Child.
4. One of Dr. Shienvold's recommendations in his February 20, 2004 report was that the parties
participate in co-parenting counseling. This was discussed at the September 2004 conciliation
conference and it was agreed that the parties would investigate the costs and availability of insurance
coverage for counseling and counsel would notify the conciliator as to whether the parties would work
on the custody issues in counseling for a period of at least three months or whether this matter should
be scheduled for hearing. This matter was placed on hold and no further action was taken by the
conciliator until receipt of an inquiry by the Court Administrator's Office at which time there were
discussions with counsel through March 2005. It was determined from these conversations with
counsel that the parties had never been able to agree on the selection of a co-parenting counselor or
arrangements for payment of the costs.
5. At this point, the Father's counsel has requested that this matter be scheduled for hearing to
address the Father's request for primary physical custody of the Child.
6. The Father's position on custody is as follows (as of the September 2004 conciliation
conference): The Father believes it would be in the Child's best interest to reside primarily with him.
The Father believes that the custody schedule has become a control issue for the Mother, whom the
Father feels has anger management problems. The Father expressed concern that the Mother does not
cooperate with the Child's treatment for ADHD or with the Child's weight management program. The
Father believes that the Child is more comfortable at his home and denies that there are major conflicts
between the Child and the Father's wife.
7. The Mother's position on custody is as follows (as of the September 2004 conciliation
conference): The Mother believes it would be in the Child's best interest to reside primarily with her.
The Mother stated that she does administer the appropriate medication to the Child for ADHD and has
followed the portion control guidelines set by the Child's nutritionist. The Mother feels she has done
everything that she has promised to do and that the Father is creating concerns because he simply
wants to have primary custody. The Mother indicated that the Child would be more comfortable in her
care as she feels the Father is intimidating and the Father's wife is domineering with the Child.
8. An Order is recommended in the form as attached scheduling a hearing. It is expected that
the hearing will require at least one-half to one full day.
?,' l // won
Date Dawn S. Sunday, Esquire
Custody Conciliator
BARBARA J. WEIBLEY,
Plaintiff
V.
PAUL WEIBLEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-2099 CIVIL TERM
ORDER OF COURT
AND NOW, this 15'h day of June, 2005, upon consideration of the attached letters
from Carol J. Lindsay, Esq., attorney for Defendant and from Karl E. Rominger, Esq.,
attorney for Plaintiff, the hearing previously scheduled in this matter for June 15, 2005, is
rescheduled for Thursday, August 18, 2005, at 1:30 a.m., in Courtroom No. 1,
Cumberland County Courthouse, Carlisle, Pennsylvania.
?<arl E. Rominger, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
Arol J. Lindsay, Esq.
26 West High Street
Carlisle, PA 17013
Attorney for Defendant
J
:rc
BY THE COURT,
0L -/5-CLD
"It, :01 Iliv S 1 M.9" HE
ht diUi !U 10 d ?Hi 3O
;3li? J- j-, 1-4
06/08/2005 17:00 7172436510 SAIDIS SHUFF FLOWER
LAW OFFICES
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
JOHN F. SUM CARLISLE, PENNSYLVANIA 17013
r,OBMT C. SAIDIS TELEPHONE: (717) 243$222- FACSIMILE: (7177) 253.6486
GEOFFREY S. $HUFF EMAIL: attorney-fssil-taw.cow
]A ME9 D. Ft-nwER. TF. W W W.SFfl-IaW.C0tn
CAROL J. LINDSAY
BRIAN C. CAFFRFY
G,F..ORGE R DOUGLAS, III
MATII-IEW J. FSHELMANt
THOMAS E. FLOMM
JACLYN 3MIT1•I
June 2, 2005
VIA FACSIMILE 240-6462
The Hunurable Judge Wesley Oler, Jr.
One Courthouse Square
Carlisle, PA 17013-3387
RE: Weibley v. Weibley
No. 01-2099 in Custody
Dear Judge Oler:
PAGE 02/03
CAMF HILL, QEFK:b:
21I1JMAILKCI S'I. Kbt I
CAMP HILL PA 17011
TELEPHONT: (717)7A7 :1105
FAC$,IM1I..E. (7177.A7 ?,Mn7
f UmrA 4enifal f:ndnnru'
kigHc Repnx..m.nnm
REPLY TO CARLISLG
I represent Paul Weibley and Barbara Weibley is represented by Karl Rominger,
Esquire. A hearing is scheduled for my client's petition for modification of the custody
order for Wednesday, June 15, 2005.
I am asking for a continuance of the custody hearing until the and of the summer in
August or early September. I understand that Mr. Rominger's client is in opposition to a
uuntinuance but that Mr. Rominger will be In touch with your office upon receipt of a
copy of this letter, He should receive a c5py of it by fax today. Thank you for
considering this request. I enclose a proposec order.
& LINDSAY
CLJ:ap
Enclosure (Order)
Cc: Paul Weibley
Karl R=Ingar
Very truly yours,
ROMINGER, BAYLEY & WHARE
Attorneys at Law
Karl E. Rominger James 1. Nelson
Mark F. Bayley Michael O. Palermo, Jr
Michael J. Whare
June 14, 2005
Honorable Judge Wesley J. Oler
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Via First Class and Fax # 240-6462
RE: Weibley v. Weibley
Custody No. 01-2099
Dear Judge Oler,
I am in receipt of Carol Lindsay's request for a continuance. I have discussed this
with my client and we have agreed to the entry of a continuance for a reasonable period
of time.
Sincerely,
0
Karl E. Rominger, Esquire
KER/bab
155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241-6878
www.romingerlaw.com
ADVOCACY • ADVICE • ANSWERS
BARBARA J. WEIBLEY, ; IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
PAUL WEIBLEY,
Defendant NO. 01-2099 CIVIL TERM
ORDER OF COURT
AND NOW, this 17'h day of August, 2005, upon consideration of the attached
letters from Karl E. Rominger, Esq., attorney for Plaintiff; and Jennifer L. Spears, Esq.,
attorney for Defendant, the hearing previously scheduled in this matter for August 18,
2005, is continued generally. Counsel are directed to notify the court if they desire a
hearing in this matter.
BY THE COURT,
/arl Rominger, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
ennifer L. Spears, Esq.
10 East High Street
Carlisle, PA 17013
Attorney for Defendant
,? P'
0-19 -0.5
:rc
Y t``yj4a`?fJ?•?•1? `J
Coo'
_ MARISON DEARDORFF WILLIAMS & OTTO
MDR O
INFORMATION • ADVICE • ADVOCACY
10 EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE (717) 243-3341
FACSIMILE (717) 243-1850
INTERNET www.mdwo.com
August 15, 2005
The Honorable J. Wesley Oler, Jr.
Cumberland County Courthouse
Hanover and High Streets
Carlisle, PA 17013
RE: Barbara J. Weibley v. Paul Weibley
No. 01-2099 - Cumberland County C.C.P.
Our File No. 11188.2
Dear Judge Oler:
ATTORNEYS & COUNSELLORS AT LAW
WILLIAM F. MARTSON CARL C. RISCH
JOHN B. FOWLER III DAVID A. FlTzsmfoNs
DANIEL K. DEARDORFF DAVID R. GALLOWAY
THOMAS J. WILLIAMS* CHRISTOPHER E. RICE
IVO V OTTO III JENNIFER L. SPEARS
GEORGE B. FALLER JR.* HILLARY A. DEAN
'BOARD CERTIFIED CIVIL TRIAL SPECIALIST
This will confirm that the Defendant, Paul Weibley, concurs with Plaintiff's request for
a general continuance of the custody trial scheduled in the above matter for Thursday, August 18,
2005, at 1:30 p.m,
Very truly yours,
M T N DEARDORFF WILLIAMS & OTTO
J fe pears
JLS/tde
cc: Karl Rominger, Esquire
F.\FILES\DATAFILE\G.ACu rnO 1188.2joI
5000 [ 10[)V
INFORMATION • ADVICE • ADVOCACY SM
ROMINGER, BAYLEY & WHARE
Attorneys at Law
Karl E. Rominger
Mark F. Bayley
Michael J. Whare
James I. Nelson
Michael O. Palermo, Jr
August 15, 2005
Honorable J. Wesley Oler
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013
RE:
Dear Judge Oler:
Weibley v. Weibley
01-2099
There is currently a hearing scheduled for August 18, 2005, at 1:30 p.m. in the
above captioned matter. It is my understanding that the Defendant has retained new
counsel Jennifer L. Spears, Esquire. I have spoken with her about this case and we have
agreed to remove it to the call of either party at this time.
If you have any questions about this request do not hesitate to contact me. It is
my understanding that Attorney Spears will, under separate cover, indicate her
concurrence in this mutual request.
Sincerely,
Karl E. Rominger, Esquire
KERJtlp
cc: Jennifer L. Spears, Esquire
410 7,
155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241-6878
www.romingerlaw.com
ADVOCACY • ADVICE • ANSWERS
F?TILESDATAF E. GennWT.,e OI 11882- .trt va]M
C.m 5/23/6 1 PA2AM
Revved: 5/23106 3'.56PM
Jennifer L. Spears, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
I.D. 87445
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant/Petitioner
BARBARA J. WEIBLEY,
Plaintiff/Respondent
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-2099 - CIVIL ACTION LAW
PAUL WEIBLEY,
Defendant/Petitioner
IN CUSTODY
PETITION FOR COURT ORDERED PARTICIPATION IN CUSTODY EVALUATION
AND NOW, comes Defendant/Petitioner, Paul E. Weibley, by and through his attorneys,
MARTSON DEARDORFF WILLIAMS & OTTO, and avers as follows:
1. Petitioner is Paul E. Weibley, the father in this custody matter.
2. Respondent is Barbara Weibley, the mother in this custody matter.
Father enjoys primary physical custody of the child pursuant to an Order of Court dated
April 23, 2003, and all subsequent Orders.
4. Mother enjoys substantial periods ofpartial custody, having six (6) overnights in a two
week period, from Monday evening to Sunday evening every other week.
5. At Mother's request, the parties participated in an evaluation with
Arnold T. Shienvold, Ph.D., in 2003, and now Father desires an updated evaluation.
6. Father believes Mother is failing to contribute to the child's health and well-being by firing
all the doctors and therapists the child has regularly seen over the past three years.
The child, anine year old boy, weighs approximately 200 pounds and Mother refuses to
follow through with recommended medical treatments relating to his health and diagnosis of ADD.
8. Fatherdoes notbelieve Mother is regularly helping the child with his leaming difficulties,
nor is she letting him participate in sporting activities which could aid in weight management and boost the
child's self-esteem.
9. Father believes an evaluation should be performed by Dr. Shienvold on the family to
evaluate the custody schedule and the effects the differences in parenting styles are having on the child in
order to make a recommendation for a change in the physical custody schedule if it were in the child's best
interest.
10. Father believes that a hearing before this Court on the issue ofphysical custody may be
inevitable, but a full evaluation and report could assist both the parties and the Court in determining what
is best for the child.
11. Circumstances have changed since 2003 and Mother is now engaged and living with her
fiance, who did not participate in the original evaluation by Dr. Shienvold.
12. To date, Mother has refused to participate in the reevaluation despite Father's offer to pay
for it.
13. Father requests this Honorable Court order and direct Mother to participate with the new
evaluation by Dr. Shienvold.
14. Father additionally requests that Mother be financially responsible for aportion ofthe
reevaluation so that she takes it seriously.
WHEREFORE, Father requests this Honorable Court to order and direct Motherto participate
in anew, updated custody evaluation with Arnold T. Shienvold, Ph.D., ofRiegler Shienvold & Associates,
and allocate a portion of the expenses of said evaluation to Mother.
MARTSON DEARDORFF WILLIAMS & OTTO
By
Je*LSpears, Esquire
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: 5/7 ) 0 Attorneys for Defendant/Petitioner
VERIFICATION
The foregoing Petition is based upon information which has been gathered by my counsel in the
preparation ofthe lawsuit. The language of the document is that of counsel and not my own. I have read
the Petition and to the extent that the document is based upon information which I have given to my counsel,
it is true and correct to the best ofmy knowledge, information and belief. To the extent that the content
of the document is that of counsel, I have relied upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C. S. Section 4904
relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I
maybe subject to criminal penalties.
Paul Weibley
F.MLMS ATAF1LBG.tt Curt M1188.].cunev ,.
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify
that a copy of the foregoing Petition for Court Ordered Participation in Custody Evaluation was served this
date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Karl Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
rYncla D. Eckenroad
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated:
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BARBARA J. WEIBLEY,
Plaintiff/Respondent
V.
PAUL WEIBLEY,
Defendant/Petitioner
MAY 2 5 2006
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-2099 -CIVIL ACTION LAW
IN CUSTODY
RULE TO SHOW CAUSE
AND NOW, this day ofMay, 2006, upon consideration of Defendant's Petition for
Court Ordered Participation in Custody Evaluation, a Rule is hereby issued upon Plairitiff/Respondent to
show cause, if any there be, why the relief prayed for in the Petition should not be granted.
Rule returnable 2-0_ days after service.
BY THE COURT,
J. 7 esley Oler, J U, J.
cc: Attorney for Defendant/Petitioner: ?Tennifer L. Spears, Esquire
Attorney for Plaintiff/Respondent: ,/Marl Rominger, Esquire
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BARBARA J. WEIBLEY,
Plaintiff
V.
PAUL WEIBLEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2099 CIVIL ACTION LAW
IN CUSTODY
PLAINTIFF/RESPONDENT'S ANSWER TO DEFENDANT/PETITIONER'S
RULE TO SHOW CAUSE
AND NOW, comes Plaintiff/Respondent Barbara J. Weibley by and through privately
retained counsel, Karl E. Rominger, Esquire and answers the Rule to Show Cause as follows:
A previous expert's report was in fact prepared.
2. In fact Plaintiff/Respondent bore the entire cost of the same.
3. Plaintiff/Respondent is opposed to incurring any additional cost or participating in
any additional counseling which would cost her any additional funds.
4. Plaintiff/Respondent is not opposed to participating and will willingly participate
in an updated report if it is paid for by Defendant/Petitioner, Paul Weibley.
WHEREFORE, Plaintiff/Respondent respectfully requests that this Honorable
Court deny the request or in the alternative order that Defendant/Petitioner, Paul Weibley
be solely responsible for the expenses of any update.
Date: June 15, 2006
Respectfully submitted,
ROMINGER & WHARE
azl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Plaintiff/Respondent
BARBARA J. WEIBLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :01-2099 CIVIL ACTION LAW
PAUL WEIBLEY, : IN CUSTODY
Defendant
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Plaintiff/Respondent, do hereby certify that I
this day served a copy of the Plaintiff/Respondent's Answer to DefendantTetitioner's Rule to
Show Cause upon the following by depositing same in the United States Mail, first class postage
prepaid, at Carlisle, Pennsylvania, addressed as follows:
Jennifer L. Spears, Esquire
MARTSON DEARDORF WILLIAMS & OTTO
10 E. High Street
Carlisle, Pennsylvania 17013
Dated: June 15, 2006 Respectfully submitted,
ROMINGER & WHARE
arl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Plaintiff/Respondent
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Jennifer L. Spears, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
I.D. 87445
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant/Petitioner
BARBARA J. WEIBLEY,
Plaintiff/Respondent
V.
PAUL WEIBLEY,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-2099 - CIVIL ACTION LAW
IN CUSTODY
PETITION TO MAKE RULE ABSOLUTE
AND NOW, comes Defendant/Petitioner, Paul E. Weibley, by and through his attorneys,
MARTSON DEARDORFF WILLIAMS & OTTO, and avers as follows:
Petitioner filed a Petition for Court-Ordered Participation in Custody Evaluation on
May 24, 2006.
2. A Rule was issued on May 26, 2006.
3. Respondent filed an Answer on June 15, 2006, which raised no disputed issues ofmaterial
fact, and wherein Respondent indicated she is not opposed to and would willinglyparticipate in an updated
report.
4. To date, Respondent has still not made an appointment with Dr. Shienvold and it is
apparent she is waiting for a court order to do so.
WHEREFORE, Respondent requests this Honorable Court to decide the Petition for Court-
Ordered Participation in Custody Evaluation on the Petition and Answer and order and direct Mother to
participate in a new, updated custody evaluation with Arnold T. Shienvold, Ph.D., of Riegler Shienvold &
Associates, and allocate a portion of the expenses of said evaluation to Mother.
MARTSON DEARDORFF WILLIAMS & OTTO
Jenhf pears, Esquire
10 East igh Street
Carlisle, PA 17013
(717) 243-3341
Date: July 7, 2006 Attorneys for Defendant/Petitioner
CERTIFICATE OF SERVICE
I,TriciaD. Eckenroad,an authorized agent forMartsonDeardorffWilliams&Otto,herebycertify
that a copy ofthe foregoing Petition to Make Rule Absolute was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Karl Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
By
Tricia D. Eckenroad
en East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: July 7, 2006
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BARBARA J. WEIBLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
PAUL WEIBLEY,
Defendant NO. 01-2099 CIVIL TERM
IN RE: DEFENDANT'S PETITION FOR COURT-ORDERED
PARTICIPATION IN CUSTODY EVALUATION
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 18th day of July, after consideration of Defendant's
Petition for Court-Ordered Participation in Custody Evaluation and Plaintiff's
Answer thereto, Defendant's Petition to order and direct Plaintiff to participate in
a custody evaluation with Arnold T. Shienvold, Ph.D., of Riegler Shienvold &
Associates is granted, provided, that Defendant/Petitioner pay for the full cost of
the re-evaluation.
VKarl E. Rominger, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
/nnifer L. Spears, Esq.
10 East High Street
Carlisle, PA 17013
Attorney for Defendant
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BY THE COURT,
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BARBARA J. WEIBLEY,
Plaintiff
V.
PAUL WEIBLEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:01-2099 CIVIL ACTION LAW
IN CUSTODY
PLAINTIFF'S REQUEST FOR HEARING
AND NOW, comes Plaintiff Barbara J. Weibley by and through privately retained
counsel, Karl E. Rominger, Esquire and says as follows:
1. A custody hearing was to be held in this matter at the beginning of 2005.
2. Plaintiff and Defendant had continued the same generally.
3. Defendant compelled Plaintiff to participate in an update Custody Evaluation.
4. Defendant unilaterally canceled that updated Custody evaluation, without first
seeking Plaintiff s concurrence or consent.
5. Plaintiff believes that Defendant did so because the evaluation was not favorable
to his position.
6. Plaintiff has continued to work in good faith to resolve the custody issues, but has
been unable to do so, and would now seek a hearing to grant her primary physical
custody, and / or such additional periods of custody and /or modifications to the
terms of said custody.
7. This matter is now ripe for hearing, and plaintiff requests a 1 day custody trial.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court schedule
a custody trial in the above captioned matter.
Date: January 10, 2007 Respectfully submitted,
ROMINGER & WHARE
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Plaintiff
BARBARA J. WEIBLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :01-2099 CIVIL ACTION LAW
PAUL WEIBLEY, : IN CUSTODY
Defendant
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Plaintiff/Respondent, do hereby certify that I
this day served a copy of the foregoing request for hearing upon the following by depositing
same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed
as follows:
Jennifer L. Spears, Esquire
MARTSON DEARDORF WILLIAMS & OTTO
10 E. High Street
Carlisle, Pennsylvania 17013
Dated: January 10, 2007
Respectfully submitted,
ROMINGER & WHARE
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Plaintiff
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BARBARA J. WEIBLEY,
Plaintiff
V.
PAUL WEIBLEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:01-2099 CIVIL ACTION LAW
IN CUSTODY
ORDER
AND NOW this &day of 7Z2007, upon request of Plaintiff, a
Custody Trial is scheduled in the above captioned matter for the 3A'd-day of ?2? ,
2007, at q 3 v O'clock )4. M. in Court Room #__L, the Cumberland County
Courthouse, Carlisle, PA.
L/arl E. Rominger, Esq.
/ennifer L. Spears, Esq.
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BARBARA J. WEIBLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
PAUL WEIBLEY,
Defendant
CIVIL ACTION -LAW
NO.01-2099 CIVIL TERM
IN RE: PLAINTIFF'S REQUEST FOR HEARING
ORDER OF COURT
AND NOW, this 26th day of April, upon consideration of the attached letter
from Jennifer L. Spears, attorney for Defendant, and following a telephone
conference held on this date with Karl E. Rominger, Esq., attorney for Plaintiff,
and Jennifer L. Spears, attorney for Defendant, the hearing previously scheduled
for May 3, 2007, is continued to Wednesday, August 8, 2007, at 9:30 a.m., in
Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
THE DEFENDANT is hereby directed to cooperate fully in the evaluation
with Dr. Arnold Shienvold.
BY THE COURT,
I ?
Wesley OW, Jr.,
arl E. Rominger, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
J
/nnifer L. Spears, Esq.
10 East High Street
Carlisle, PA 17013
Attorney for Defendant
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MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
N4A'PTSON
LAW OFFICES
10 EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE (717) 243-3341
FAcsiMILE (717) 243-1850
INTERNET www.martsonlaw.com
VIA FACSIMILE 240-6462
AND FIRST CLASS MAIL
The Honorable J. Wesley Oler, Jr.
Cumberland County Courthouse
Hanover and High Streets
Carlisle, PA 17013
April 25, 2007
RE: Barbara J. Weibley v. Paul Weibley
No. 01-2099 - Cumberland County C.C.P.
Our File No. 11188.2
Dear Judge Oler:
WILLIAM F. MARTSON
JOHN B. FOWLER III
DANIEL K DEARDORFF
THOMAS J. )MulAMS`
NO V. OTTO III
HUBERT X. GILROY
GEORGE B. FALLER JR•
CARL C. RISCH
DAVID A. FITZSIMONS
CHRISTOPHER E. RICE
JENNIFER L. SPEARS
MICHAEL J. COLLINS
SETH T. MOSEBEY
*BOARD CERTIFIED CML TRIAL SpxcumET
This matter is set for a hearing on May 3rd on all custody issues. Last year, you ordered that
the parties would complete an evaluation with Dr. Arnold Shienvold, and Mr. Weibley would be
financially responsible for it.
The evaluation was begun but then cancelled when it did not appear that either party was
seeking a hearing or change in custody. Recent events have precipitated my client's strong desire
to complete that evaluation. Obviously, it could not be done before the hearing next week.
I have spoken to Attorney Rominger, who does not oppose the completion of the evaluation,
but does oppose postponing the hearing until the evaluation is complete. We feel the evaluation is
crucial for the hearing, and would, at the very least, be helpful to you in your decision.
Dr. Shienvold has indicated his willingness to finish this evaluation (he performed one four years
ago which would be outdated now).
I am requesting a conference call with Your Honor and opposing counsel to discuss this
matter and whether you would be willing to continue the hearing for a period of time which would
enable Dr. Shienvold to complete his evaluation.
INFORMATION • ADVICE • ADVOCACY sM
The Honorable J. Wesley Oler, Jr.
April 25, 2007
Page 2
Thank you for your attention to this matter.
Very truly yours,
M N LAW OFFICES
Je e L. Spears
JLS/tde
cc; Karl Rominger, Esquire (via facsimile 241-6878 and first class mail)
F: \FI LES\DATAFILE\General\Currcnt\ 11188\1 1188.2.jot
INFORMATION • ADVICE • ADV 0 C ACY SM
BARBARA J. WEIBLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
PAUL WEIBLEY,
Defendant NO. 01-2099 CIVIL TERM
IN RE: PLAINTIFF'S REQUEST FOR HEARING
ORDER OF COURT
AND NOW, this 15th day of May, upon agreement of counsel, the hearing
previously scheduled for August 8, 2007, is rescheduled to Wednesday, August
22, 2007, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse,
Carlisle, Pennsylvania.
arl E. Rominger, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
,Xhnifer L. Spears, Esq.
10 East High Street
Carlisle, PA 17013
Attorney for Defendant
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BY THE COURT,
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BARBARA J. WEIBLEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. .
CIVIL ACTION - LAW
PAUL WEIBLEY,
Defendant 01-2099 CIVIL TERM
ORDER OF COURT
AND NOW, this 22nd day of August, 2007, upon
consideration of the matter of custody in thi
of the parties' child, Justin Priest Weibley
December 20, 1996), and following an initial
has not yet been completed, the record shall
counsel are requested to contact the Court's
of scheduling an additional day of hearing.
a above-captioned case
(date of birth
day of hearing which
remain open and
secretary for purposes
It is noted that at the time of adjournment on today's
date Defendant was presenting his case-in-chief. Plaintiff had
presented testimony of Plaintiff, as well as the testimony of Dr.
Arnold T. Shienvold; Defendant had presented testimony of Defendant
and Christine C. Arnold. Defendant's Exhibits 1, 2, and 3, and
Plaintiff's Exhibits 1, 2, and 3 had been identified and admitted.
No other exhibits had been identified or admitted.
Neither counsel has requested that the notes of
testimony from today's proceeding be transcribed and filed.
Counsel are requested to supply by way of a filed
stipulation the name of a "parent coordinator" that the parties
agree upon for purposes of the entry of a temporary order in this
case, with the understanding that the expense of said parent
coordinator would be shared equally by the parties. Upon receipt
of that stipulation, the Court will enter a temporary order pending
the final day of hearing in this case.
-06 ,
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arl E. Rominger, Esquire
For the Plaintiff
/nnifer L. Spears, Esquire
For the Defendant
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By the Court,
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BARBARA J. WEIBLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
PAUL WEIBLEY,
Defendant NO. 01-2099 CIVIL TERM
INTERIM ORDER OF COURT
AND NOW, this 25th day of October, 2007, upon consideration of the
petition for modification of custody filed by Defendant father, and the
counterclaim filed by Plaintiff mother, with respect to the parties' child, Justin
Priest Weibley (d.o.b. December 20, 1996), and following an initial period of
hearing held on August 22, 2007, it is ordered and directed as follows pending a
further period of hearing and further order of court:
1. The parties having failed to supply the court with the
name of a "parent coordinator" as requested by the Order of
Court dated August 22, 2007, legal custody of the child shall
be in Defendant, the father, with authority to make decisions as
to school matters, extracurricular activities, exercise activity,
medical and mental health treatment, counseling, and nutrition,
inter alia, upon which the parties do not agree.
2. Except as modified by this Interim Order, the custodial
terms presently in effect shall remain in full force and effect.
RV TNF COT TR T
Karl E. Rominger, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
j,
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Jennifer L. Spears, Esq.
10 East High Street
Carlisle, PA 17013
Attorney for Defendant
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BARBARA J. WEIBLEY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 01-2099 CIVIL TERM
PAUL WEIBLEY, IN CUSTODY
Defendant The Honorable J. Wesley Oler, Jr.
PETITION TO SCHEDULE CUSTODY HEARING
AND NOW, comes Plaintiff, Barbara J. Weibley, by and through her privately
retained counsel, Karl E. Rominger, Esquire and in support of her Petition to Schedule
Custody Hearing avers as follows:
1. There was a custody hearing held on August 22, 2007, and an Interim Court
Order entered on August 25, 2007, by the Honorable J. Wesley Oler.
Attached as Exhibit "A".
2. Petitioner avers that the only witness statements taken during the hearing
were of the Defendant, Paul Weibley.
3. Petitioner believes that further hearing is needed to finish taking testimony so
that the Court can enter a Final Order on the matter.
WHEREFORE, your petitioner respectfully requests that this Honorable Court
schedule the remainder of the hearing.
Respectfully submitted,
ROMINGER & ASSOCIATES
Date: d ,/ Z v Z c6
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Plaintiff
r
BARBARA J. WEIBLEY, : IN THE COURT OF COMMON PLEAS OF -?
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
PAUL WEIBLEY,
Defendant NO. 01-2099 CIVIL TERM
INTERIM ORDER OF COURT
AND NOW, this 25th day of October, 2007, upon consideration of the
petition for modification of custody filed by Defendant father, and the
counterclaim filed by Plaintiff mother, with respect to the parties' child, Justin
Priest Weibley (d.o.b. December 20, 1996), and following an initial period of
hearing held on August 22, 2007, it is ordered and directed as follows pending a
further period of hearing and further order of court:
1. The parties having failed to supply the court with the
name of a "parent coordinator" as requested by the Order of
Court dated August 22, 2007, legal custody of the child shall
be in Defendant, the father, with authority to make decisions as
to school matters, extracurricular activities, exercise activity,
medical and mental health treatment, counseling, and nutrition,
inter alia, upon which the parties do not agree.
2. Except as modified by this Interim Order, the custodial
terms presently in effect shall remain in full force and effect.
arl E. Rominger, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
TRUE CORY FROM RECORD
In T 'mony whereof, I here ointo set' my hand
en a seal of said our, rli la, Pa.
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BY THE COURT,
le
BARBARA J. WEIBLEY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 01-2099 CIVIL TERM
PAUL WEIBLEY, IN CUSTODY
Defendant The Honorable J. Wesley Oler, Jr.
I, Karl E. Rominger, Esquire, attorney for Plaintiff do hereby certify that I this
day served a copy of the within Petition to Schedule Custody Hearing upon the
following by depositing same in the United States mail, postage prepaid, at Carlisle,
Pennsylvania, addressed as follows:
Jennifer L. Spears, Esquire
10 East High Street
Carlisle, Pennsylvania 17013
Respectfully submitted,
Rominger & Associates
Date: ° +? Z ZGD
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
Telephone: (717) 241-6070
Supreme Court I.D. #81924
Attorney for Plaintiff
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BARBARA J. WEIBLEY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 01-2099 CIVIL TERM
PAUL WEIBLEY, IN CUSTODY
Defendant The Honorable J. Wesley Oler, Jr.
ORDER OF COURT
AND NOW, this day of ?) p+? , , 2007, upon consideration of the
within Petition to Schedule Custody Hearing, a hearing is scheduled for the g?,A/day of
07? ?
2D07 at ?o'clock m. in Courtroom # , at the
Cumberland County Courthouse in Carlisle, PA 17013
Distribution:
arl E. Rominger, Esquire
?ifer L. Spears, Esquire
ll?a?d 2
By the
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BARBARA J. WEIBLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
PAUL WEIBLEY,
Defendant NO. 01-2099 CIVIL TERM
ORDER OF COURT
AND NOW, this 21St day of February, 2008, upon consideration of the petition for
modification of custody filed by Defendant father, and the counterclaim filed by Plaintiff
mother, with respect to the parties' child, Justin Priest Weibley (d.o.b. December 20,
1996), and following a second and final period of hearing, the terms of the Interim Order
of Court dated October 25, 2007, are entered as a final order; provided, that with regard
to the child's extracurricular activities and exercise activities, the father shall accord great
weight to the child's wishes.
ZKarl E. Rominger, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
? Jennifer L. Spears, Esq.
10 East High Street
Carlisle, PA 17013
Attorney for Defendant
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BY THE COURT,
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BARBARA J. WEIBLEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
PAUL WEIBLEY,
Defendant 01-2099 CIVIL TERM
IN RE: PETITION FOR MODIFICATION & COUNTERCLAIM
ORDER OF COURT
AND NOW, this 20th day of February, 2008,
upon consideration of the Petition for Modification of
Custody filed by Defendant Father, and the counterclaim
filed by Plaintiff Mother with respect to the parties'
child, Justin Priest Weibley (date of birth, December 20,
1996), and following a second and final day of hearing, the
record is declared closed, and the matter is taken under
advisement.
? Jennifer L. Spears, Esquire
10 East High Street
Carlisle, PA 17013
For Plaintiff
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
For Defendant
.
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By the Court,
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BARBARA J. WEIBLEY IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
PAUL WEIBLEY NO.01-2099 CIVIL TERM
NOTICE OF APPEAL
NOTICE IS HEREBY given that Barbara J. Weibley, Plaintiff above named, hereby appeals
to the Superior Court of Pennsylvania from the Order entered February 21, 2008, in the above-
captioned civil matter. The Order has been entered in the docket as evidence by the attached copy of
the docket entry.
Date: March 11, 2008
Respectfully submitted,
Rominger & Associates
Karl E. Rominger, Esquire
Supreme Court ID # 81924
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Attorney for Plaintiff
BARBARA J. WEIBLEY IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
PAUL WEIBLEY NO. 01-2099 CIVIL TERM
REQUEST FOR TRANSCRIPT
A Notice of an Appeal having been filed in this matter, the Official Court Reporter is
hereby Ordered to produce, certify, and file the transcript in this matter conforming with Rule
1922 of the Pennsylvania Rules of Appellate Procedure.
Respectfully submitted,
Rominger & Associates
Date: March 11, 2008
Ke E. Rominger, Esquire
Supreme Court ID # 81924
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Attorney for Plaintiff
BARBARA J. WEIBLEY IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
PAUL WEIBLEY NO. 01-2099 CIVIL TERM
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that a true and correct
copy of the within NOTICE OFAPPEAL was served upon the following individuals on the below
date, by placing same in the United States Mail, first-class postage prepaid, addressed as follows:
The Honorable J. Wesley Oler
One Courthouse Square
Carlisle, PA 17013
Prothonotary
One Courthouse Square
Carlisle, PA 17013
Jennifer L. Spears, Esquire
10 East High Street
Carlisle, Pennsylvania 17013
Official Court Reporter
One Courthouse Square
Carlisle, PA 17013
Respectfully submitted,
Rominger & Associates
Date: March 11, 2008
)Earl E. Rominger, Esquire
Supreme Court ID # 81924
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Attorney for Plaintiff
BARBARA J. WEIBLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -- LAW
PAUL WEIBLEY,
Defendant NO.01-2099 CIVIL TERM
ORDER OF COURT
AND NOW, this 213` day of February, 2008, upon consideration of the petition for
modification of custody filed by Defendant father, and the counterclaim filed by Plaintiff
mother, with respect to the parties' child, Justin Priest Weibley (d.o.b. December 20,
1996), and following a second and final period of hearing, the terms of the Interim Order
of Court dated October 25, 2007, are entered as a final order; provided, that with regard
to the child's extracurricular activities and exercise activities, the father shall accord great
weight to the child's wishes.
K E. Rominger, Esq.
55 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
Jennifer L. Spears, Esq.
10 East High Street
Carlisle, PA 17013
Attorney for Defendant
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BY THE COURT,
P?5511 Cumberland County Prothonotary's Office Page 1
Civil Case Print
2001-02099 WEIBLEY BARBARA J (vs) WEIBLEY PAUL
Reference No... Filed......... 4/09/2001
Case Type ..... : PETITION - CUSTODY Time.........: 4:11
Judgment..... 00 Execution Date 0/00/0000
Judge Assigned: OLER J WESLEY JR Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments ------------- Higher Crt 1.:
Higher Crt 2.:
********************************************************************************
General Index Attorney Info
WEIBLEY BARBARA J PETITIONER CANTOR DEBRA DENISON
105 HILLTOP DRIVE RADCLIFF DIANE G
MT HOLLY SPRINGS PA 17065
WEIBLEY PAUL RESPONDANT
1552 HOLLY PIKE
CARLISLE PA 17013
********************************************************************************
* Date Entries
********************************************************************************
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
4/09/2001 PETITION FOR CUSTODY
4/19/2001 -------------------------------------------------------------------
ORDER OF COURT - DATED 4/17/01 - IN RE PETITION FOR CUSTODY -
HEARING AT 39 WEST MAIN STREET MECHANICSBURG PA ON 5/9/01 AT 11:00
AM FOR THE COURT DAWN S SUNDAY CUSTODY CONCILIATOR - BY THE COURT 4
/19/01
6/28/2001 -------------------------------------------------------------------
6/27/01 -
S
C
Y
I
R
C
I
Y
T
THE
6?28/01
COURT
WESLEY
OLER
JR
MAILED
J
J COPIES
BY
3/12/2003 -------------------------------------------------------------------
PETITION FOR MODIFICATION OF PARTIAL CUSTODY OR VISITATION ORDER -
BY DIANE G RADCLIFF ESQ
3/24/2003 -------------------------------------------------------------------
ORDER OF COURT - DATED 3/24/03 - IN RE PETITION FOR MODIFICATION -
HEARING AT 39 WEST MAIN STREET MECHANICSBURG PA ON 4/1503 - AT
1:00 PM FOR THE COURT DAWN S SUNDAY ESQ CUSTODY CONCILIATOR COPIES
MAILED 3/24/03
4/24/2003 -------------------------------------------------------------------
LIA
O
URT -
3
D
O
N
E
R
PO
T
O
A
D
R
BY
DATED
4/23
/03
THE
COURT
J
OLER
JR
J
E
S
MAILED
WESLEY
COPI
4/25/03
6/12/2003 -------------------------------------------------------------------
PETITION FOR SPECIAL RELIEF - BY DIANE G RADCLIFF ESQ FOR
PETITIONER
6/18/2003 -------------------------------------------------------------------
ORDER OF COURT - DATED 6/18/03 - IN RE PLFF'S PETITION FOR SPECIAL
RELIEF THE MATTER IS REFERRED TO THE CUSTODY CONCILIATION PROCESS
THE OFFICE OF THE COURT ADMINISTRATOR IS REQUESTED TO FACILITATE
THE REFERRAL - BY THE COURT J WESLEY OLER JR J COPIES MAILED
6/25/2003 -------------------------------------------------------------------
ORDER OF COURT - DATED 6/23/03 - IN RE PETITION FOR SPECIAL RELIEF
- DATED 6/23/03 - HEARING AT 39 WEST MAIN STREET MECHANICSBURG PA
ON 7/2/03 AT 2:00 PM - FOR THE COURT DAWN S SUNDAY ESQ CUSTODY
CONCILATOR COPIES MAILED
-------------------------------------------------------------------
7/08/2003 ORDER - DATED 7/2/03 - THE CONCILIATOR BEING ADVISED BY COUNSEL
THAT ALL CUSTODY ISSUES HAVE BEEN RESOLVED BY AGREEMENT OF THE
PARTIES HEREBY RELINQUISHES JURISDICTION THE CUSTODY CONCILIATOR
CONFERENCE SCHEDULED FOR TODAY IS CANCELLED - FOR THE COURT DAWN S
SUNDAY ESQ CUSTODY CONCILIATOR COPIES MAILED
-------------------------------------------------------------------
7/18/2003 STIPULATION
-------------------------------------------------------------------
7/25/2003 ORDER MODIFYING APRIL 23,2003 ORDER OF COURT - DATED 7/24/03 - BY
THE COURT J WESLEY OLER JR J COPIES MAILED
-------------------------------------------------------------------
10/21/2003 PETITION FOR EMERGENCY RELIEF - BY DIANE G RADCLIFF ESQ FOR PLFF
-------------------------------------------------------------------
10/29/2003 ORDER OF COURT - DATED 10/28/03 - IN RE PLFF'S PETITION FOR
EMERGENCY RELIEF THIS MATTER IS REFERRED TO THE CUSTODY
PYS511 Cumberland County Prothonotary's Office Page
Civil Case Print
2001-02099 WEIBLEY BARBARA J (vs) WEIBLEY PAUL
Reference No... Filed......... 4/09/2001
Case Type ..... : PETITION - CUSTODY Time........ 4:11
Judgment..... 00 Execution Date 0/00/0000
Judge Assigned: OLER J WESLEY JR Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments ------------- Higher Crt 1.:
Higher Crt 2.:
CONCILIATION PROCESS AND THE COURT ADMINISTRATOR IS REQUESTED TO
FACILITATE AND EXPEDITE THIS REFERRAL - BY THE COURT J WESLEY OLER
JR J COPIES MAILED
-------------------------------------------------------------------
11/06/2003 ORDER OF COURT - DATED 11/5/03 - IN RE CUSTODY - HEARING AT 39
WEST MAIN STREET MECHANICSBURG PA ON 12/3/03 - AT 8;30 AM - FOR
THE COURT DAWN S SUNDAY ESQ CUSTODY CONCILIATOR COPIES MAILED
-------------------------------------------------------------------
1/05/2004 CUDATED 1/5/04I- BONTHENCOURTCJ WESLEYYOLEROJR JNCCOPRIESRMAILEDURT
-------------------------------------------------------------------
8/13/2004 PETITION FOR MODIFICATION - BY CAROL J LINDSAY ESQ
-------------------------------------------------------------------
8/24/2004 ORDER OF COURT - DATED 8/19/04 - IN RE CUSTODY - HEAIRNG AT 39
WEST MAIN STREET MECHANICSBURG PA ON 9/14/04 AT 12:30 PM - FOR THE
COURT DAWN S SUNDAY ESQ CUSTODY CONCILIATOR COPIES MAILED
-------------------------------------------------------------------
9/02/2004 ANSWER AND COUNTERCLAIM TO PETITION FOR MODIFICATION - BY DIANE G
RADCLIFF ESQ FOR PLFF
-------------------------------------------------------------------
4/21/2005 CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT AND ORDER OF COURT
- DATED 4/20/05 - A HEARING IS SCHEDULED IN CR 1 OF THE CUMBERLAND
COUNTY COURTHOUSE ON 6/15/05 AT 9;30 AM - BY THE COURT J WESLEY
OLER JR J COPIES MAILS
-------------------------------------------------------------------
6/15/2005 ORDER OF COURT - DATED 6/15/05 - IN RE ATTACHED LETTERS FROM CAROL
J LINDSAY ESQ ATTY FOR DEFT AND FROM KARL E ROMINGER ESQ ATTY FOR
PLFF THE HEARING PREVIOUSLY SCHEDULED FOR 6/15/05 IS RESCHEDULED
FOR 8/18/05 AT 1:30 AM IN CR NO 1 CUMBLERLAND COUNTY COURTHOUSE
CARLISLE PA - BY THE COURT J WESLEY OLER JR J COPIES MAILED
-------------------------------------------------------------------
8/18/2005 ORDER OF COURT - DATED 8/17/05 - IN RE ATTACHED LETTERS FROM
ROMINGER FOR PLFF AND SPEARS FOR DEFT THE HEARING PREVIOUSLY
SCHEDULED IN THIS MATTER FOR 8/18/05 IS CONTINUED GENERALLY
COUNSEL ARE DIRECTED TO NOTIFY THE COURT IF THE DESIRE A HEARING
IN THIS MATTER - BY THE COURT J WESLEY OLER JR J COPEIS MAILED
-------------------------------------------------------------------
5/24/2006 PETITION FOR COURT ORDERED PARTICIPATION IN CUSTODY EVALUATION BY
JENNIFER L SPEARS ESQ FOR DEFT
-------------------------------------------------------------------
5/30/2006 RULE TO SHOW CAUSE - DATED 05-26-06 - IN RE: CUSTODY-RULE
RETURNABLE 20 DAYS AFTER SVC - BY J WESLEY OLER JR J - COPIES
MAILED 05-30-06
-------------------------------------------------------------------
6/15/2006 PLFF/RESPONDENT'S ANSWER TO DEFT/PETITIONER'S RULE TO SHOW CAUSE -
BY KARL E ROMINGER ATTY FOR PLFF/RESPONDENT
-------------------------------------------------------------------
7/07/2006 PETITION TO MAKE RULE ABSOLUTE BY JENNIFER L SPEARS ATTY FOR DEFT
-------------------------------------------------------------------
7/18/2006 ORDER OF COURT - 07-18-06 - IN RE: CUSTODY - BY J WESLEY OLER JR J
- COPIES MAILED 07-18-06
-------------------------------------------------------------------
1/10/2007 PLAINTIFF'S REQUEST FOR HEARING - BY KARL E ROMINGER ATTY FOR PLFF
-------------------------------------------------------------------
1/19/2007 ORDER - 01-14-07 - IN RE: CUSTODY TRIAL 05-03-07 AT 9:30 AM IN CR
1 CUMB CO COURTHOUSE - BY J WESLEY OLER JR J - COPIES MAILED
01-19-07
-------------------------------------------------------------------
4/27/2007 ORDER OF COURT - 04-26-07 - IN RE: PLFF'S REQUEST FOR HEARING -
HEARING SCHEDULED 05-03-07 CONTINUED TO 08-08-07 AT 9:30 AM IN CR
1 CUMB CO COURTHOUSE - DEFT IS HEREBY DIRECTED TO COOPERATE FULLY
IN THE EVAL WITH DR ARNOLD SHIENVOLD - BY J WESLEY OLER JR J -
COPIES MAILED 04-27-07
-------------------------------------------------------------------
5/16/2007 ORDER OF COURT - 05-15-07 - IN RE: PLFF'S REQUEST FOR HEARING -
08-08-07 IS RESCHEDULED TO 08-22-07 AT 9:30 AM IN CR 1 CUMB CO
COURTHOUSE - BY J WESLEY OLER JR J - COPIES MAILED 05-16-07
-------------------------------------------------------------------
2
PiS511 Cumberland County Prothonotary's Office Page 3
Civil Case Print
2001-02099 WEIBLEY BARBARA J (vs) WEIBLEY PAUL
Reference No..: Filed......... 4/09/2001
Case Ty e.....: PETITION - CUSTODY Time...... ..: 4:11
Judgment..... 00 Execution Date 0/00/0000
Judge Assigned: OLER J WESLEY JR Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments ----------- - - Higher Crt 1.:
Higher Crt 2.:
8/28/2007 ORDER OF COURT - DATED 08-22-07 - IN RE: CUSTODY HEARING - THE
RECORD SHALL REMAIN OPEN AND COUNSEL ARE REQUESTED TO CONTACT THE
COURTS SECRETARY FOR PURPOSES OF SCHEDULING AND ADDITIONAL DAY OF
HEARING - BY J WESLEY OLER JR J - COPIES MAILED 08-28-07
-------------------------------------------------------------------
10/26/2007 INTERIM ORDER OF COURT - DATED 10/25/07 - IN RE PETITION FOR
MODIFICATION OF CUSTODY FILED BY THE FATHER -BY J WESLEY OLER JR J
- COPIES MAILED 10/26/07
-------------------------------------------------------------------
11/20/2007 PETITION TO SCHEDULE CUSTODY HEARING - BY KARL E ROMINGER ATTU FOR
PLFF
-------------------------------------------------------------------
ODY
11/28/2007 HEARRINGF-CHEARINGISC /HEDUL DN2/20/08TATI9:300AMCCR1 - BYUJTWESLEY
OLER J - COPIES MAILED 1129/07
-------------------------------------------------------------------
2/21/2008 ORDER OF COURT - 2/21/08 IN RE: PETITION FOR MODIFICATION AND
COUNTERCLAIM - FOLLOWING A SECOND AND FINAL PERIOD OF HEARING -
THE TERMS OF THE INTERIM ORDER OF COURT DATED 10-25-07 ARE ENTERED
AS A FINLOA ORDER - BY J WESLEY OLER JR J - COPIES MAILED 2/21/08
-------------------------------------------------------------------
2/21/2008 ORDER OF COURT - 2/20/08 IN RE: PETITION FOR MODIFICATION OF
CUSTODY AND COUNTERCLAIM -FOLLOWING A SECOND AND FINAL DAU OF
HEARING THE RECORD IS DECLARED CLOSED AND THE MATTER IS TAKEN
UNDER ADVISEMENT - BY J WESLEY OLER JR J - COPIES MAILED 2/21/08
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
********************************************************************************
* Escrow Information
* Fees & Debits Beq? Bal Py*mts/Ad ******End Bal
******************************** ******** ****** *************************
CUSTODY AGMT 85.00 85.00 .00
TAX ON AGMT .50 .50 .00
SETTLEMENT .5.00 5.00 .00
JCP FEE 5-.00 5.00 .00
CUSTODY FEE 4.00 4.00 .00
CUSTODY FEE-CO 1.00 1.00 .00
MODIFICATION CU 50.00 50.00 .00
SPEC RELIEF CUS 50.00 50.00 .00
SPEC RELIEF CUS 50.00 50.00 .00
MODIFICATION CU 50.00 50.00 .00
SUBPOENA 3.00 3.00 .00
SUBPOENA 3.00 3.00
------ --- .00
---------
--------------
306.50 ----
306.50 .00
********************************************************************************
* End of Case Information
********************************************************************************
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41
I
BARBARA J. WEIBLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
PAUL WEIBLEY,
Defendant NO. 01-2099 CIVIL TERM
ORDER OF COURT
AND NOW, this 14`h day of March, 2008, upon consideration of the Notice of
Appeal filed in the above-captioned matter, Appellant is DIRECTED, pursuant to Pa.
R.A.P. 1925(b), to file of record in this Court and to serve upon the undersigned judge a
concise Statement of Matters Complained of on Appeal no later than 21 days after entry
of this Order. Any issues not properly included in the statement timely filed and served
pursuant to this order shall be deemed waived.
BY THE COURT,
?. Wesley Ole 0 r.,
OK/a/rl E. Rominger, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Appellant
ennifer L. Spears, Esq.
10 East High Street
Carlisle, PA 17013
Attorney for Appellee
rc
no
P
S S: I W? 1 8vw 8aoa
?3Hi Jo
Mr. Curtis R. Long
Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
c
--------------------------------------------
3014-10/99 10/1/99
COMMONWEALTH OF PENNSYLVANIA
?w
e
Superior Court of Pennsylvania
Karen Reid Bramblett, Esq. Middle District
Prothonotary
James D. McCullough, Esq. March 17, 2008
Deputy Prothonotary
Re: 473 MDA 2008
Barbara J. Weibley, Appellant
V.
Paul Weibley
Dear :
100 Pine Sleet. Smite 400
Harrisbxrn. PA 17101
717-772-1294
naves. vuperior.coxrt.statepa.xs
Enclosed please find a copy of the docket for the above appeal that was recently filed in the
Superior Court. Kindly review the information on this docket and notify this office in writing if
you believe any corrections are required.
Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517,
for completion and filing. Please note that Superior Court Dockets are available on the Internet
at the Web site address printed at the top of this page. Thank you.
Very truly yours,
Karen Reid Bramblett, Esq.
Prothonotary
ALV
cc: Jennifer Leigh Spears, Esq.
Court Reporter
Court Reporter
The Honorable J. Wesley Oler, Jr.
Judge
Mr. Curtis R. Long
Prothonotary
Carbon Copy Recipient List
Addressed To: Karl Ernst Rominger, Esq.
Rominger & Associates
155 S Hanover Street
Carlisle, PA 17013
Carbon Copied: Mr. Curtis R. Long
Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Jennifer Leigh Spears, Esq.
Martson Deardorff Williams Otto Gilroy & Faller
10 E High Street
Carlisle, PA 17013
Court Reporter
Court Reporter
Court of Common Pleas of Cumberland County
Courthouse, One Courthouse Square
Carlisle, PA 17013
The Honorable J. Wesley Oler, Jr.
Court of Common Pleas of Cumberland County
Cumberland County Courthouse, One Courthouse Sq
Carlisle, PA 17013
3014 - 10/99
10/1/99
9:20 A.M.
Appeal Docket Sheet
Docket Number:
Page 1 of 2
March 17, 2008
473 MDA 2008
Barbara J. Weibley, Appellant
V.
Paul Weibley
Initiating Document: Notice of Appeal
Case Status: Active
Case Processing Status: March 13, 2008
Journal Number:
Case Category: Domestic Relations
Awaiting Original Record
CaseType: CustodyNisitation
Consolidated Docket Nos.:
Related Docket Nos.:
SCHEDULED EVENT
Next Event Type: Receive Docketing Statement
Next Event Type: Original Record Received
Next Event Due Date: March 31, 2008
Next Event Due Date: May 12, 2008
COUNSEL INFORMATION
Appellant
Pro Se:
IFP Status:
Weibley, Barbara J.
Appoint Counsel Status:
No
Appellant Attorney Information:
Attorney: Rominger, Karl Ernst
Bar No.: 81924
Address: 155 S Hanover Street
Carlisle, PA 17013
Phone No.: (717)241-6070
Receive Mail: Yes
E-Mail Address: karl@rominger.com
Receive E-Mail: Yes
Law Firm: Rominger & Associates
Fax No.: (717)241-6878
Appellee
Pro Se:
IFP Status
Weibley, Paul
Appoint Counsel Status:
Appellee Attorney Information:
Attorney: Spears, Jennifer Leigh
Bar No.: 87445 Law Firm: Martson Deardorff Williams Otto Gilroy & Faller
Address: 10 E High Street
Carlisle, PA 17013
Phone No.: (717)243-3341 Fax No.: (717)243-1850
Receive Mail: Yes
E-Mail Address: jspears@mdwo.com
Receive E-Mail: Yes
Superior Court of Pennsylvania
3/1712008 3023
9:20 A.M.
Appeal Docket Sheet
Docket Number:
Paae2of2
March 17, 2008
473 MDA 2008
vow
FEE INFORMATION
Paid
Fee Date Fee Name Fee Amt Amount Receipt Number
3/12/08 Notice of Appeal 60.00 60.00 2008SPRMD000225
TRIAL COURVAGENCY INFORMATION
Court Below: Cumberland County Court of Common Pleas
County: Cumberland Division: Civil
Date of Order Appealed From: February 21, 2008 Judicial District: 9
Date Documents Received: March 13, 2008 Date Notice of Appeal Filed: March 12, 2008
Order Type: Order Entered OTN:
Judge: Oler, Jr., J. Wesley Lower Court Docket No.: 01-2099
Judge
ORIGINAL RECORD CONTENTS
Original Record Item Filed Date Content/Description
Date of Remand of Record:
BRIEFS
DOCKET ENTRIES
Filed Date Docket Entry/Document Name Party Type Filed By
March 13, 2008 Notice of Appeal Filed
Appellant Weibley, Barbara J.
March 17, 2008 Docketing Statement Exited (Domestic Relations)
Superior Court of Pennsylvania
Middle District Filing Office
3/17/2008
3023
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BARBARA J. WEIBLEY IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
PAUL WEIBLEY NO.01-2099 CIVIL TERM
CONCISE STATEMENT OF MATTERS
COMPLAINED OF ON APPEAL
AND NOW, comes Barbara J. Weibley, by and through her counsel, Karl E. Rominger,
Esquire, and in support of her Concise Statement of Matters Complained of on Appeal, avers as
follows:
1. The Trial Court failed to modify the custody to a true 50 / 50 split arrangement which
was an error of law and abuse of discretion, where the evidence mandated a true 50 / 50
split, and where even the father's own expert recommended the same, and where mother
was willing to accept the same in place of her request for primary custody.
2. The trial court erred in not awarding Mother shared legal custody as to all major
decisions, and instead gave the same to father and the child's best interest was therefore
not served, especially where the evidence showed the father did not follow through on all
of his obligations and promises with the child.
Respectfully Submitted,
Rominger & Associates
Date: April 4, 2008
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID No.: 81924
Attorney for Plaintiff
A
BARBARA J. WEIBLEY IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
PAUL WEIBLEY NO. 01-2099 CIVIL TERM
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, hereby certify that I this day served a copy of the within
Concise Statement of Matters Complained of on Appeal, upon the following via hand delivery,
addressed as follows:
The Honorable J. Wesley Oler
One Courthouse Square
Carlisle, Pennsylvania 17013
Jennifer L. Spears, Esquire
10 East High Street
Carlisle, Pennsylvania 17013
Prothonotary
One Courthouse Square
Carlisle, Pennsylvania 17013
Date: April 4, 2008
Respectfully Submitted,
Romioger & Associates
arl E. Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID No.: 81924
Attorney for Plaintiff
r%o
BARBARA J. WEIBLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION--LAW
PAUL WEIBLEY,
Defendant : No. 01-2099 CIVIL TERM
IN RE: OPINION PURSUANT TO PA. R.A.P. 1925
OLER, J., May 21, 2008.
In this 2001 custody case, both parents eventually requested a modification
of custody with respect to their son, who was born in 1996, to acquire primary
physical custody for themselves.' Ultimately, a two-day hearing on these requests
was held by this court and an order entered which (a) left intact the roughly, but
not exactly, equal physical custody arrangement previously in effect and (b)
authorized the father to make final decisions with regard to legal custody issues.2
From this order, the mother has filed an appeal to the Pennsylvania
Superior Court.3 The bases for the appeal have been expressed in a statement of
matters complained of on appeal as follows:
1. The Trial Court failed to modify the custody to a true 50/50 split
arrangement which was an error of law and abuse of discretion, where the
evidence mandated a true 50150 split, and where even the father's own
expert recommended the same, and where mother was willing to accept the
same in place of her request for primary custody.
2. The trial court erred in not awarding Mother shared legal custody
as to all major decisions, and instead gave the same to father and the
child's best interest was therefore not served, especially where the
evidence showed the father did not follow through on all of his obligations
and promises with the child.'
This opinion in support of the custody order appealed from is written
pursuant to Pennsylvania Rule of Appellate Procedure 1925(a).
See Defendant's Petition for Modification, filed August 13, 2004; Plaintiff's Answer and
Counterclaim to Petition for Modification, filed September 2, 2004.
z Order of Court, February 21, 2008.
' Plaintiff's Notice of Appeal, March 12, 2008.
4 Defendant's Concise Statement of Matters Complained of on Appeal, filed April 4, 2008.
STATEMENT OF FACTS
Plaintiff is Barbara J. Weibley, 50, a resident of Mount Holly Springs,
Cumberland County, Pennsylvania, and an "inventory specialist."5 Defendant is
Paul E. Weibley, 51, a resident of Carlisle, Cumberland County, Pennsylvania,
and a glass processor.6 The parties are the parents of ten-year-old Justin Priest
Weibley, who is the subject of this proceeding, and his brother, Austin Weibley,
now an adult.7
The parties were married in September of 1980, separated in September of
2000, and were divorced in May of 2001.8 When the parties separated, the mother
left the children with the father, telling him that "they are yours to raise."9
Initially she maintained little contact with the children, exercising only
occasionally an option to have custody of them one weekend a month.10
By an agreed-upon order of court dated April 23, 2003, the parties were
directed to engage in a course of co-parenting counseling and to submit to a
custody evaluation. 11 Legal custody of Justin was to be joint, and physical
custody was to be divided between the parents on the following basis:
During alternating weeks, the Mother shall have custody of Justin
from Monday at 5:00 pm for six consecutive days through the following
Sunday at 5:00 pm and the Father shall have custody of Justin from
SSund
ay at 5:00 pm for eight consecutive days through Monday at 5:00
12
5 N.T. 4-5, Hearing, August 22, 2007.
6 N.T. 4, Hearing, August 22, 2007.
N.T. 5, Hearing, August 22, 2007.
s N.T. 5, Hearing, August 22, 2007.
9 N.T. 7, Hearing, August 22, 2007.
10 N.T. 7, Hearing, August 22, 2007.
" Order of Court, April 23, 2003.
12 Order of Court, April 23, 2003. This order was amended, by further agreement of the parties,
to provide a sort of right-of-first-refusal of the non-custodial party in the event a custodial parent
was unavailable to exercise physical custody for a period of three hours or more. Order of Court,
July 10, 2003.
2
Both parents subsequently sought a modification of the order to obtain
primary physical custody for themselves. 13 At the hearing on these ren„ecrc n
portrait emerged of Justin which demonstrated the adverse effect which competing
parental interests can have on a child's life.
As of the hearing, the ten-year-old child suffered from attention deficit
hyperactivity disorder, 14 had developed serious hypertension, 15 and weighed 229
pounds. 16 A sensitive child, afraid of the dark, 17 he was burdened by a feeling that
he was responsible for his parents' adversarial positions. 18 A number of
observations made by the custody evaluator involved in this case, Dr. Arnold T.
Shienvold, are instructive with respect to the pressures on this child:
Justin is pretty guarded. Justin ... is a little guy who is very sensitive
and concerned about his parents' perceptions and whether or not he is
doing anything that would offend them or make them feel bad.19
Justin wants to agree with both of his parents.... Justin feels the
pressure in this situation and doesn't want either of his parents to be
unhappy. 20
[A]II Justin wants is his parents to stop fighting and be at peace with
each other, and he clearly indicated that. ...21
The situations in which Justin was placed by his parents' competitive
agendas were capable of reducing him to tears.22 On balance, the mother, whose
13 Defendant's Petition for Modification, filed August 13, 2004; Plaintiff's Answer and
Counterclaim to Petition for Modification, filed September 2, 2004.
14 N.T. 11, Hearing, August 22, 2007.
"N.T. 136, Hearing, August 22, 2007.
16 N.T. 11, Hearing, August 22, 2007.
17 N.T. 25, Hearing, February 20, 2008.
18 N.T. 31, Hearing, February 20, 2008.
19 N.T. 50, Hearing, August 28, 2007.
20 N.T. 58, Hearing, August 22, 2007.
21 N.T. 59, Hearing, August 22, 2007.
22 N.T. 129, Hearing, August 22, 2007; N.T. 26, 29, Hearing, February 20, 2008.
3
psychological profile indicated depression, resentment and traces of narcissism
sometimes indicative of self-centered and manipulative behavior,23 seemed to the
court the less responsible parent in terms of accommodating Justin's needs,
emotional and physical. In this regard, she had, at various times, abandoned him to
his father, 24 discharged or acted to frustrate the efforts of professionals who were
helping him, 25 deprecated the seriousness of his condition of ADHD26 and
obesity,27 and failed to take him to his sports activities.28 The father, whose
psychological profile revealed defensive tendencies,29 was also on occasion
insensitive to the child's needs '30 but less so than the mother in the court's view.
With respect to a physical custody schedule, evidence at the hearing
included information that the child had met with the mother's counsel at some
point prior to the hearing and at that meeting chose not to express a preference on
the subject .31 However, at his mother's insistence, he returned to the attorney's
office for a second meeting,32 and at that meeting said he would prefer that his
parents had exactly equal time. 33 A few days before the final day of the hearing,
according to a witness, the following transpired :34
Justin and [the witness] went to my mom and dad's on Monday, and while
we were in the car he said he wanted to talk to me. I want to talk to you. I
23 N.T. 48-49, Hearing, August 22, 2007.
24 N.T. 7, Hearing, August 22, 2007.
2s N.T. 51, 77, 127, Hearing, August 22, 2007.
26 N.T. 21, 56, 73, Hearing, August 22, 2007.
27 N.T. 56, 73, 141, Hearing, August 22, 2007.
28 N.T. 31, 56, Hearing, August 22, 2007; N.T. 9-12, Hearing, February 20, 2008.
29 N.T. 49, Hearing, August 22, 2007.
30 See, e.g., N.T. 51, 64, Hearing, February 20, 2008.
31 N.T. 40-41, Hearing, February 20, 2008.
32 N.T. 41, Hearing, February 20, 2008.
33 N.T. 44, Hearing, February 20, 2008.
34 The witness was the father's present wife, whom Justin had come to regard as somewhat of a
confidante and less interested third party.
4
was like okay. And he told me that his mom told him that he was coming
to the court to talk to the Judge, and that he was going to tell the Judge that
he wants-that his mom wants him to live with her for two extra days, and
what could occur, and he said when the conversation started, that when his
mom asked him, do you want to go to the Judge, Justin told me he said no,
but he said mom talked to me, and that all I have to do is go in, tell the
Judge I
want to stay with her for two extra days, and then go back to
35
school.
Notwithstanding Dr. Shienvold's admonition that it would be harmful to
Justin for him to be called as a witness '36 the ten-year-old was subjected to
examination by the mother's counsel at the hearing and was asked to express his
preference as to the custody schedule. He testified as follows:
Q If you could change anything about the current way your
parents exchange you, is there anything that you would change about it?
A I'd like an extra day with my mom.
Q And did anybody make you say that or tell you you had to say
that?
A No, not really. Well, me and my mom talked about it a little.
Q Okay?
A I said, hey, mom, wouldn't it be nice if we had Sunday nights
or something, equal time.
Q You said that to her?
A Um-hum.
Q Do you remember when you said that to her?
A I don't exactly. I think it was about two weeks ago maybe.
Q And when you saw me the second time, didn't you say
something similar to that to me?
A Yes.37
In Dr. Shienvold's view, there was no significant difference between the
parties' existing physical custody schedule and an exact 50150 split from the
child's standpoint.38 His opinion in this regard was as follows:
35 N.T. 25-26, Hearing, February 20, 2008.
36 N.T. 52-53, Hearing, August 22, 2007.
3' N.T. 43-44, Hearing, February 20, 2008.
38 N.T. 72, Hearing, August 22, 2007.
5
You know, I think I said that I don't believe that the problem in this
case is one of custodial schedules. The problem in this case has to do with
the parents' feelings about each other. It has to do with their ability to
make decisions together. It has to do with trusting decisions that people
are making that are child centered and in the best interest of Justin.39
Dr. Shienvold did concede that a 50150 split might result in Justin's being
subjected to less pressure from his mother due to a perception that the existing
arrangement was "unfair" to her. 40
With respect to legal custody, the record was replete with evidence as to the
parties' inability to communicate and jointly reach and execute important
decisions as to the child's upbringing.41 The effect of this conflict was
unquestionably deleterious to the child .41 Although both parties professed a
willingness to employ the services of a "parent coordinator," 43 as recommended by
Dr. Shienvold,44 to resolve such conflicts, after two months they were still not able
to agree upon a person to fulfill this function.as
Following the hearing, the court entered a custody order with respect to
Justin which preserved the existing physical custody arrangement.46 The order
further gave the father ultimate authority to resolve disputed legal custody issues,
with the express proviso that he was to "accord great weight to the child's
wishes .,47 From this order, the mother filed an appeal on March 12, 2008.
39 N.T. 58, Hearing, August 22, 2007.
40 N.T. 72, Hearing, August 22, 2007.
41 See, e.g., N.T. 9-10, 21-24, 26, 31, 36-38, 40, 50-60, 62, 68, 73, 77, 96-97, 99, 108, 111, 113-
14, 121, Hearing, August 22, 2007; N.T. 9-12, 63-64, Hearing, February 20, 2008.
42 N.T. 60, Hearing, August 22, 2007.
43 N.T. 88, 146-47, Hearing, August 22, 2007.
44 N.T. 60-61, Hearing, August 22, 2007.
45 See Order of Court, August 22, 2007; Order of Court, October 25, 2007.
46 Order of Court, February 21, 2008.
47 Order of Court, February 21, 2008.
6
DISCUSSION
Statement of law. Custody orders may be modified upon a showing by
either party that a change in the current custody arrangement would be in the best
interest of the child. B.B. v. M.M.B., 448 Pa. Super. 133, 141 n.9, 670 A.2d 714,
718 n.9 (1996). The paramount concern of the court in such cases is the best
interest of the child; all other considerations are deemed subordinate to the child's
physical, intellectual, moral, and spiritual wellbeing. Warren v. Rickabaugh, 410
Pa. Super. 431, 435, 600 A.2d 218, 220 (1991).
The preference of the child and expert opinion on the subject of custody are
significant factors to be considered, but neither binds the court with respect to its
determination as to the child's best interest. See Watters v. Watters, 757 A.2d 966,
969 (Pa. Super. 2000); Murphey v. Hatala, 350 Pa. Super. 433, 443, 504 A.2d 917,
922 (1986).
"` [P]hysical custody' means actual physical possession of a child." Pa.
R.C.P. 1915.1. "'[L]egal custody' means the legal right to make major decisions
affecting the best interests of a minor child, including but not limited to medical,
religious and educational decisions." Pa. R.C.P. 1915.1. "`Shared custody' means
shared legal or shared physical custody or both of a child in such a way as to
assure the child of frequent and continuing contact, including physical access, to
both parents." Pa. R.C.P. 1915.1. However, there is no presumption in favor of
shared custody. Schwarcz v. Schwarcz, 378 Pa. Super. 170, 183 n.16, 548 A.2d
556, 563 n.16 (1988).
Finally, "[a] modification of custody is not warranted merely because one
parent is unhappy with the existing arrangement." Jackson v. Beck, 2004 PA
Super 357, ¶6, 858 A.2d 1250, 1252.
Application of law to facts. In the present case, for the reasons indicated in
the Statement of Facts, the court found itself in agreement with the custody
evaluator, Dr. Shienvold, that a resolution of the problem in this case, from the
standpoint of the child's best interest, was not to be found in a modification of the
7
roughly, albeit not exactly, equal physical custodial periods of the parents. The
custody arrangement in effect served to assure the child frequent and continuing
contact with both parents, and a change in the schedule to accommodate the
request of either parent seemed to the court more likely to advance parental
interests than those of the child.
With respect to legal custody, it appeared to the court that the conflicting
agendas of the parents, driven in large part by personal animosity, and their
inability to effectively communicate, were seriously and adversely affecting the
child's emotional and physical health. For the reasons indicated in the Statement
of Facts, the father seemed more responsible in terms of decision-making with
regard to the child than the mother. Consequently, and not without some
reluctance, the court awarded legal custody to the father in the hope that the child
would thereby be spared some of the anxiety associated with the parents' inability
to cooperate on important decisions relating to his care.
BY THE COURT,
'Karl E. Rominger, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
---?Jennifer L. Spears, Esq.
10 East High Street
Carlisle, PA 17013
Attorney for Defendant
colas E-S m?iLCCL
S/.;z afog
J."Wesley OtQP, Jr.,
8
CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER
PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C)
To the Prothonotary of the Apellate Court to which the within matter has been appealed:
Superior Court of PA
The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County,
the said court being a court of record, do hereby certify that annexed hereto is a true and
correct copy of the whole and entire record, including an opinion of the court as required
by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the
proceedings, if any, and the docket entries in the following matter:
Barbara J. Weibley
VS.
Paul Weibley
01-2099 Civil Term
473 MDA 2008
The documents comprising the record have been numbered from No.1 to 426, and
attached hereto as Exhibit A is a list of the documents correspondingly numbered and
identified with reasonable definiteness, including with respect to each document, the
number of pages comprising the document.
The date on which the record has been transmitted to the Appellate Court is 05/29/2008 .
Cu is R. Long, P not
Regina Lebo
An additional copy of this certificate is enclosed Please sign and date copy, therebv
acknowledging receipt of this record.
Date Signature & Title
? -
Commonwealth of Pennsylvania
County of Cumberland ss:
In TESTIMONY WHEREOF, I have hereunto
this 29th
1, Curtis R. Long , Prothonotary
of the Court of Common Pleas in and for said
County, do hereby certify that the foregoing is a
full, true and correct copy of the whole record of the
case therein stated, wherein
Barbara J- W i blay
Plaintiff, and Paul WeibleV
Defendant , as the same remains of record
before the said Court at No. 01-2099 of
Civil Term, A.D. 19
set my hand and affixed the seal of said Court
day of May -,4 A.^,m2008
Thonotarv
1, Edgar R BaIr1 e. r President Judge of the Ninth
Judicial District, composed of the County of Cumberland, do certify that
Curtis R. Long , by whom the annexed record, certificate and
attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name
and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is
Prothonotary in and for said County of . Cumberland in
the Commonwealth of Pennsylvania, duly commissioned and qualified f whose acts as such full faith
and credit are and ought to be given as well in Courts of judicat as elsewh r e said record,
certificate and attestation are in due form of law and made t proper ffice
..? G
President Judg
Commonwealth of Pennsylvania
County of Cumberland ss:
1, Curtis R Long Prothonotary of the Court of Common Pleas in
and for the said County, do certify that the Honorable Edgar B. Bayley
by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time
of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of
Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts
as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and affixed the seal of said Court this
29th ay of May A.D. 49c2008
Prothonotary
Among the Records and Proceedings enrolled in the court of Common Pleas in and for the
county of Cumberland in the Commonwealth of Pennsylvania
473 MDA 2008
to No. 01-2099 Civil Term, 19 is contained the following:
COPY OF AjonParanrP DOCKET ENTRY
Barbara J. Weibley
VS.
Paul Weibley
**See Certified Copy of Docket Entries**
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PYS511 Cumberland County Prothonotary's Office Page 1
Civil Case Print
2001-02099 WEIBLEY BARBARA J (vs) WEIBLEY PAUL
Reference No..: Filed........: 4/09/2001
Case Type.....: PETITION - CUSTODY Time..;..... 4:11
Judgment.,... : 00 Execution Date 0/00/0000
Judge Assigned: OLER J WESLEY JR Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments ------------- Higher Crt 1.: 473 MDA 2008
Higher Crt 2.:
General Index Attorney Info
WEIBLEY BARBARA J PETITIONER CANTOR DEBRA DENISON
105 HILLTOP DRIVE RADCLIFF DIANE G
MT HOLLY SPRINGS PA 17065
WEIBLEY PAUL RESPONDANT
1552 HOLLY PIKE
CARLISLE PA 17013
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* Date Entries
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.? -,/0 4/09/2001 PETITION FOR CUSTODY FIRST ENTRY - - - - - - _ _ - _ _ _ _ _ _
- - - - - - - - - - - - -
/ - o-2 4/19/2001 ORDER OF COURT - DATED 4/17/01 - IN RE PETITION FOR CUSTODY -
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AMAFORGTHE AT 39 CMAIN 8TREET
SUNDAY CUSTODYCCONCILIATOR 5/BYOTHET COURT 04
/19/01
---------------------------------------------
-?s 6/28/2001 CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT - DATED 6/27/01 -
BY THE COURT J WESLEY OLER JR J COPIES MAILED 6/28/01
--------------------------------------------
3/12/2003 PETITION FOR MODIFICATION OF PARTIAL CUSTODY OR VISITATION ORDER -
BY DIANE G RADCLIFF ESQ
----------------------------------------- _ _
3/24/2003 O
HEARING AT RDER OF COURT - DATED 3/24/03 - IN RE PETITION FOR /MODIjFICATION -
1:00 PM FOR3THEECOURTIDAWN RSS SUNDAY ESQSCUSTODY COONCILIATOR COPIES
MAILED 3/24/03
a ?-3p ------- ------------ ---------- ------- -----4/24/2003 CUSTODY-CONCILIATION-CONFERENCE-SUMMARY-REPORT AND ORDR OF COURT -
DATED 4/23/03 - BY THE COURT J WESLEY OLER JR J COPIES MAILED
4/25/03
-------------------------- _ __________
6/12/2003 PETITION FOR SPECIAL RELIEF - BY DIANE G RADCLIFF ESQ FOR
PETITIONER
6/18/2003 O
RDER OF COURT - DATED 6/18/03 - IN RE PLFF'S PETITION FOR SPECIAL
-------------------------------------------------------------------
RELIEF THE MATTER IS REFERRED TO THE CUSTODY CONCILIATION PROCESS
THE OFFICE OF THE COURT ADMINISTRATOR IS REQUESTED TO FACILITATE
THE REFERRAL - BY THE COURT J WESLEY OLER JR J COPIES MAILED
6/25/2003 O
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RDER OF COURT - DATED 6/23/03 - IN RE PETITION FOR SPECIAL RELIEF
- DATED 6/23/03 - HEARING AT 39 WEST MAIN STREET MECHANICSBURG PA
ON 7/2/03 AT 2:00 PM - FOR THE COURT DAWN S SUNDAY ESQ CUSTODY
CONCILATOR COPIES MAILED
-------------------------------------------------------
7/08/2003 ORDER - DATED 7/2/03 - THE CONCILIATOR BEING ADVISED BY COUNSEL
THAT ALL CUSTODY ISSUES HAVE BEEN RESOLVED BY AGREEMENT OF THE
PARTIES HEREBY RELINQUISHES JURISDICTION THE CUSTODY CONCILIATOR
CONFERENCE SCHEDULED FOR TODAY IS CANCELLED - FOR THE COURT DAWN S
SUNDAY ESQ CUSTODY CONCILIATOR COPIES MAILED
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,p - 7/18/2003 STIPULATION
-----------------.--------------------------
S% 7/25/2003 ORDER MODIFYING APRIL 23 2003 ORDER OF COURT - DATED 7/24/03 - BY
THE COURT J WESLEY OLERJR J COPIES MAILED
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a- 10/21/2003 PETITION FOR EMERGENCY RELIEF - BY DIANE G RADCLIFF ESQ FOR PLFF
---------------------- _ _
10/29/2003 ORDER OF COURT - DATED 10/28/03 - IN RE PLFF'S PETITION FOR
?d EMERGENCY RELIEF THIS MAT ER IS REFERRED TO THE CUSTODY
PYS511 Cumberland County Prothonotary's Office
Civil Case Print
Page
2001-02099 WEIBLEY BARBARA J (vs) WEIBLEY PAUL
Reference No..: Filed........: 4/09/2001
Case Ty e.....: PETITION - CUSTODY Time.........: 4:11
Jud men Execution Date 0/00/0000
Judge Assigned: OLER J WESLEY JR Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments Higher Crt 1.: 473 MDA 2008
Hi her 2.:
CONCILIATION PROCESS AND THE COURT ADMINIS
TRATORCIS REQUESTED TO
FACILITATE AND EXPEDITE THIS REFERRAL - BY THE COURT J WESLEY OLER
JR J COPIES MAILED
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11/06/2003 ORDER OF COURT - DATED 11/5/03 - IN RE CUSTODY - HEARING AT 39
WEST MAIN STREET MECHANICSBURG PA ON 12/3/03 - AT 8;30 AM - FOR
THE COURT DAWN S-SUNDAY-ESQ-CUSTODY -CONCILIATOR-COPIES-MAILED------
9?-7 1/05/2004 CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT AND ORDER OF COURT
-DATED 1/5/04 - BY THE COURT J WESLEY OLER JR J COPIES MAILED
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/?bZ 8/13/2004 PETITION FOR MODIFICATION - BY CAROL J LINDSAY ESQ
l??v 8/24/2004 ORDER OF COURT - DATED 8/19/04 - IN RE CUSTODY - HEAIRNG AT 39
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WEST MAIN STREET MECHANICSBURG PA ON 9/14/04 AT 12:30 PM - FOR THE
COURT DAWN S SUNDAY ESQ CUSTODY CONCILIATOR COPIES MAILED
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o3-10ll 9/02/2004 ANSWER AND COUNTERCLAIM TO PETITION FOR MODIFICATION - BY DIANE G
RADCLIFF ESQ FOR PLFF
/??_??? 4/21/2005 CUSTODY CONC LIATION CONFERENCE SUMMARY REPORT AND ORDER OF COURT
DATED 4/2005 - A HEARING IS SCHEDULED IN CR 1 OF THE CUMBERLAND
COUNTY CO RT OUSE ON 6/15/05 AT 9;30 AM - BY THE COURT J WESLEY
OLER JR J COPIES MAILED
------------------------------------------- _
6/15/2005 ORDER OF COURT - DATED G/15/05 - IN RE ATTACHED LETTERS FROM CAROL
J LINDSAY ESQ ATTY FOR DEFT AND FROM KARL E ROMINGER ESQ ATTY FOR
PLFF THE HEARING PREVIOUSLY SCHEDULED FOR 6 15/05 IS RESCHEDULED
FOR 8/18/05 AT 1:30 AM IN CR NO 1 CUMBLERLAND COUNTY COURTHOUSE
CARLISLE PA - BY THE COURT J WESLEY OLER JR J COPIES MAILED
----------------------------------------- ___
13_?-/36,8/18/2005 ORDER OF COURT - DATED 8/17/05 - IN RE ATTACHED LETTERS FROM
ROMINGER FOR PLFF AND SPEARS FOR DEFT THE HEARING PREVIOUSLY
SCHEDULED THIS DTTORNOFOR TIFY/ /THEOCOURTCONTINUED DESIRERALHEARING
IN THIS MATTER - BY THE COURT J WESLEY OLER JR J COPEIS MAILED
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13 -/?1,3 5/24/2006 PETITION FOR COURT ORDERED PARTICIPATION IN CUSTODY EVALUATION BY
JENNIFER L SPEARS ESQ FOR DEFT
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-/38 5/30/2006 RULE TO SHOW CAUSE - DATED 05-26-06 - IN RE: CUSTODY-RULE
RETURNABLE 20 DAYS AFTER SVC - BY J WESLEY OLER JR J - COPIES
MAILED 05-30-06
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6/15/2006 PLFF/RESPONDENT'S ANSWER TO DEFT/PETITIONER'S RULE TO SHOW CAUSE -
BY KARL E ROMINGER ATTY FOR PLFF/RESPONDENT
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?1/ _ 153 7/07/2006 PETITION-TO-MAKE RULE ABSOLUTE BY JENNIFER L SPEARS ATTY FOR DEFT
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7 18/2006 ORDER OF COURT - 07-18-06 - IN RE: CUSTODY - BY J WESLEY OLER JR J
- COPIES MAILED 07-18-06
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/5s_/S7 1 10 2007 PLAINTIFF'S REQUEST FOR HEARING - BY KARL E ROMINGER ATTY FOR PLFF
---------------------------------- _ _ _ __
/S?l 1/19/2007 ORDER - 01-14-07 - IN RE: CUSTODY TRIAL 05-03-07 AT 9:30 AM IN CR
1 CUMB CO COURTHOUSE - BY J WESLEY OLER JR J - COPIES MAILED
01-19-07
15y-,11P1 4/27/2007 O
----- -- ----- - -------- - -- --- ------ ------- --- ------- -
RDER OF COURT - 04-26-07 - IN RE: PLFF'S REQUEST FOR HEARING ------
HEARING SCHEDULED 05-03-07 CONTINUED TO 08-08-07 AT 9:30 AM IN CR
1 CUMB CO COURTHOUSE - DEFT IS HEREBY DIRECTED TO COOPERATE FULLY
IN THE EVAL WITH DR ARNOLD SHIENVOLD - BY J WESLEY OLER JR J -
COPIES MAILED 04-27-07
------------------------------------------- __
5/16/2007 ORDER OF COURT - 05-15-07 - IN RE: PLFF'S REQUEST FOR HEARING -
08-08-07 IS RESCHEDULED TO 08-22-07 AT 9:30 AM IN CR 1 CUMB CO
COURTHOUSE - BY J WESLEY OLER JR J - COPIES MAILED 05-16-07
-------------------------------------------
PYS511 Cumberland County Prothonotary's Office Page
Civil Case Print
2001-02099 WEIBLEY BARBARA J (vs) WEIBLEY PAUL
Reference No..: Filed........: 4/09/2001
Case Type.....: PETITION - CUSTODY Time.........: 4:11
Judgment..... 00 Execution Date 0/00/0000
Judge Assigned: OLER J WESLEY JR Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments ------------- Higher Crt 1.: 473 MDA 2008
f Hi her Crt 2.:
8/28/2007 ORDER
COUNSEL ARE REQUESTED HEARING
TO I CONTACT ETHE
COURTS SECRETARY FOR PURPOSES OF SCHEDULING AND ADDITIONAL DAY OF
HEARING - BY J WESLEY OLER JR J - COPIES MAILED 08-28-07
------- ----- -- ----- - ----- -- ----- - -- -- -------- ---
10/26/2007 I
NTERIM ORDER OF COURT - DATED 10/25/07 - IN RE PETITION FOR
MODIFICATION OF CUSTODY FILED BY THE FATHER -BY J WESLEY OLER JR J
- COPIES MAILED 10/26/07
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f- / 7d 11/20/2007 PETITION-TO-SCHEDULE CUSTODY HEARING - -BY-KARL-E-ROMINGER_ATTU_FOR_
PLFF
---------------7----------------------------
7 11/28/2007 HORDER EARIINGF - COURT- //HEDUL N/RE: 20/08 PETITION
AT I 9:30 0 SCHEDULE - BYCUSTODY WESLEY
OLER J - COPIES MAILED 112D 29/07
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/7/ 2/21/2008 ORDER-OF-COURT- - -2/21/08 IN RE: PETITION-FOR-MODIFICATION-AND
COUNTERCLAIM - FOLLOWING A SECOND AND FINAL PERIOD OF HEARING -
THE TERMS OF THE INTERIM ORDER OF COURT DATED 10-25-07 ARE ENTERED
AS A FINAL ORDER - BY J WESLEY OLER JR J - COPIES MAILED 2/21/08
7 --------------------------------------------------
2/21/2008 ORDER-OF-COURT---2/20/08-IN-RE:-PETITION-FOR-MODIFICATION-OF -------
CUSTODY AND COUNTERCLAIM -FOLLOWING A SECOND AND FINAL DAU OF
HEARING THE RECORD IS DECLARED CLOSED AND THE MATTER IS TAKEN
UNDER ADVISEMENT - BY J WESLEY OLER JR J - COPIES MAILED 2/21/08
--
/7,3 3/14/2008 ORDER OF COURT - 3/14/08 IN RE: NOTICE OF APPEAL - APPELLANT IS
DIRECTED PURSUANT TO PA R A P 1925B TO FILE OF RECORD IN THIS
COURT AND TO SERVE UPON THE UNDERSIGNED JUDGE A CONCISE STATEMENT
OF MATTERS COMPLAINED OF ON APPEAL NO LATER THAN 21 DAYS AFTER
ENTRY OF THIS ORDER - ANY ISSUES NOT PROPERLY INCLUDED IN THE
STATEMENT TIMELY FILED AND SERVED PURSUANT TO THIS ORDER S LL BE
DEEMED WAIVED - BY J WESLEY OLER-JR-J-_-COPIES-MAILED-3/1408-----
3/18/2008 NOTICE OF APPEAL TO SUPERIOR COURT FROM THE ORDER ENTERED ON
2/21/08 - BY KARL E ROMINGER ATTY FOR PLFF
l?/`?gs 3/18/2008 S
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UPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 473 MDA 2008
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4/04/2008 CONCISERSTATEMENT OF MATTERS COMPLAINED OF ON APPEAL - BY KARL E
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/g?-.3 4/30/2008 TRANSCRIPT OF PROCEEDINGS - BY-J-WESLEY-OLER-JR-J - - - - - - - - - - - - - - - - - -
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3?-1117 4/30/2008 TRANSCRIPT-OF-PROCEEDINGS - BY-J WESLEY OLER JR J _ _ _ _
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yl,f- 0_55/22/2008 BY RE: OPINION PURSUANT COPIES AAPIL9255- DP?0ED 5/21/08 - CUSTODY -
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5 29 2008 NOTICE OF DOCKET ENTRIES MAILED TO KARL E ROMINGER ESQ AND
,f JENNIFER L SPEARS ESQ
7aL - - - - - - - - - j - LAST ENTRY - - - - - - - - - - - - - -
*************?lrT**?x'*****************************************
* Escrow Information
* Fees & Debits Beg Bal Pymts/Ad? End Bal
******************************** ******** ****** *******************************
CUSTODY AGMT 85.00 85.00 .00
TAX ON AGMT .50 .50 .00
SETTLEMENT 5.00 5.00 .00
JCP FEE 5.00 5.00 .00
CUSTODY FEE 4.00 4.00 .00
CUSTODY FEE-CO 1.00 1.00 .00
MODIFICATION CU 50.00 50.00 .00
SPEC RELIEF CUS 50.00 50.00 .00
SPEC RELIEF CUS 50.00 50.00 .00
MODIFICATION CU 50.00 50.00 .00
PYS511 Cumberland County Prothonotary' s Office Page
Civil Case Print
2001-02099 WEIBLEY BARBARA J (vs) WEIBLEY PAUL
Reference No..:
Case Type.....: PETITION - CUSTODY
J
d Filed........:
Time
: 4/09/2001
4
1
u
gment......: 00
Judge Assigned: OLER J WESLEY JR ..;......
Execution Date :
1
0/00/0000
Disposed Desc.:
------------ Case Comments -------- Jury Trial....
Disposed Date.
Hi
h
C
t
0/00/0000
g
er
r
1.: 473 MDA 2008
SUBPOENA 3.00 3.00 Higher
Crt
2.:
00 0
SUBPOENA
APPEAL HIGH CT 3.00 3.00
48.00 48.00
----------------- .
.00
.00
------- --
354.50 354.50 ----------
.00
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Case Information
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TRUE COPY FC 4 RlrIC..0RD
In Testimony where-of, I here unto set my,hand
and the seal of said Court at Carlisle, Pa.
This ... ....... day of............
................IVIC14 .. .....4,e...? "
Prothonotary
??- ?09Y
Mr. Curtis R. Long
Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
c
--------------------------------------------
1013-10/99 10/1/99
Karen Reid Bramblett, Esq.
Prothonotary
James D. McCullough, Esq.
Deputy Prothonotary
Superior Court of Pennsylvania
Middle District
February 19, 2009
RE: Weibley, B. v. Weibley, P.
No. 473 MDA 2008
Trial Court Docket Number: 01-2099
Dear :
100 Pine Street. Suite 400
Harrisbure. PA 17101
717-772-1294
www.superior.court.state.pa.us
Enclosed please find a certified copy of an order dated February 19, 2009 entered in
the above-captioned matter.
Very truly yours,
-"? t
,?-.
C66461t:?k
James D. McCullough, Esq.
Deputy Prothonotary
AAS
cc: Jennifer Leigh Spears, Esq.
The Honorable J. Wesley Oler, Jr.
Judge
Mr. Curtis R. Long
Prothonotary
J. A06044/09
BARBARA J. WEIBLEY,
Appellant
V.
PAUL WEIBLEY,
Appellee
IN THE SUPERIOR COURT OF
PENNSYLVANIA
No. 473 MDA 2008
Appeal from the Order entered February 21, 2008
In the Court of Common Pleas of Cumberland County
Civil No. 01-2099
BEFORE: ALLEN, CLELAND, and FITZGERALD,* JJ.
ORDER
AND NOW, this 19th day of February, 2009, Appellant's motion to
continue argument is hereby GRANTED. This case shall be listed for
argument on the next available panel in the Middle District.
* Former Justice specially assigned to Superior Court.
TRUE COPY FROM RECORD
Am' FEB 19 2009
No.: 473 MDA 2008
Carbon Copy Recipient List
Addressed To: Karl Ernst Rominger, Esq.
Rominger & Associates
155 S Hanover Street
Carlisle, PA 17013
Carbon Copied: Mr. Curtis R. Long
Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Jennifer Leigh Spears, Esq.
Martson Deardorff Williams Otto Gilroy & Faller
10 E High Street
Carlisle, PA 17013
The Honorable J. Wesley Oler, Jr.
Court of Common Pleas of Cumberland County
Cumberland County Courthouse, One Courthouse Sq
Carlisle, PA 17013
1013 -10/99 10/1/99
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