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HomeMy WebLinkAbout02-4393NMRANDY WEIBLEY, Respondent V. BRANDY WEIBLEY, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2002-4393 IN CUSTODY PETITION FOR CONTEMPT r7l rc C: 7 : C) ?^... 'j , Petitioner, Brandy Weibley, by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Mother, resides at 249 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Respondent, hereinafter referred to as Father, resides at 406 South Spring Garden Street, Cumberland County, Pennsylvania 17013. 3. The above-named parties are the natural parents of Carol Ann Weibley, born February 10, 1997 and Haley Elizabeth Weibley, born March 27, 1999. 4. The Honorable Kevin A. Hess, entered a prior Order in this matter, dated July 29, 2004. The current Custody Order, attached as Exhibit "A" and incorporated herein by reference, grants the parties shared legal custody of the children. Father has primary physical custody with Mother having periods of temporary physical custody on alternating weekends from 7:00 p.m. on Friday until Sunday at 7:00 p.m. and one overnight on the off week. i ?j'? 5. Father has willfully disobeyed the current Order, and therefore is not acting in the children's best interests, in ways including, but not limited to, the following: a. Father has not allowed Mother to exercise her periods of partial custody for approximately six (6) weeks. b. Father has not provided Mother with an explanation as to why he is refusing to allow Mother to have periods of partial physical custody with the children. c. Father's actions negatively interfere with the parent/child relationships that Mother has already established with the children, causing emotional harm to the harm to the children who have expressed a desire to reinstate their time with Mother. 6. Previously, Father was represented by Attorney Lindsay Gingrich Maclay. Counsel for Mother has contacted Attorney Maclay as well as her prior firm. All have indicated that they do not continue to represent Father and therefore we do not believe that we have concurrence with the relief requested. WHEREFORE, Mother respectfully requests the following: a. That this Court finds Father in contempt of the existing July 29, 2004. b. That this matter be scheduled for custody conciliation. c. That Mother and Father continue to share legal custody of the children. d. That Father continues to have primary physical custody of the children. e. That Mother shall immediately reinstate her periods of temporary physical custody with the minor children in accordance with the schedule set forth in the July 29, 2004 Order. f. Any other relief this Court finds just and proper. submitted, Jessic olsk, Esquire MidP Legal Services 401 E t Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PETITIONER, Brandy Weibley, verifies that the statements made in the above Petition for Contempt are true and correct. Petitioner understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: r l 0 0?-o _ ? 1 tI'lidli, ) randy Weibley JUL 2 9 2004 ? RANDY WEIBLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-4393 CIVIL TERM BRANDY WEIBLEY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this t R ' day of A , 2004, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of Court dated October 29, 2002 is hereby vacated. 2. The Father, Randy Weibley, and the Mother, Brandy Weibley, shall have shared legal custody of Carol Ann Weibley, born February 10, 1997 and Haley Elizabeth Weibley, born March 27, 1999. 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. 3. Father shall have primary physical custody of the Children. 4. Mother shall have the following periods of partial physical custody: A. Alternating weekends from Friday at 7:00 p.m. to Sunday at 7:00 p.m. B. One overnight on the off week. During the school year the day shall be Friday from 7:00 p.m. to Saturday at f0:00 a.m. During the summer, any day as agreed by the parties and at such times as agreed by the parties. 5. Holidays shall be shared as agreed by the parties. 6. Beginning next summer, each party shall be entitled to two non- consecutive weeks in the summer provided they give the other party 30-day advance notice. 7. Father shall be responsible for all transportation until Mother obtains transportation at which time it shall be shared as agreed by the parties. 8. Neither party shall use alcohol to the point of intoxication or use illegal drugs while the Children are in their custody. Both parties may have liberal, reasonable telephone contact with the Children. 10. Father shall have the right to request random drug tests of Mother. Mother's insurance will pay for the first test, but any additional drug tests shall be paid for by Father. 11. In the event Mother tests positive for drugs or alcohol, Mother's custody shall revert to supervised visits with Father acting as the supervisor at times and days as agreed until another conciliation conference can be scheduled. 12. 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, Ken Hess, cc: Lindsay Gingrich Maclay, Esquire, Counsel; r Father Grace D'Alo, Mid Penn Legal Services, Counsel for Mother J. J? RANDY WEIBLEY, Plaintiff V. BRANDY WEIBLEY, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :20024393 CIVIL TERM : 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carol Ann Weibley February 10, 1997 Father Haley Elizabeth Weibley March 27, 1999 Father 2. A Conciliation Conference was held in this matter on July 28, 2004, with the following individuals in attendance: Father, Randy Weibley, with his counsel, Lindsay Gingrich Maclay, Esquire and Mother, Brandy Weibley, with her counsel, Grace D'Alo, Esquire, Mid Penn Legal Services. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated October 29, 2002 granting shared legal custody and shared physical custody. Father filed a Petition to Modify. The parties agreed to an Order in the form as attached. I -,, a q Date cq line M. Verney, Esquire Custody Conciliator RANDY WEIBLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW BRANDY WEIBLEY, NO. 2002-4393 Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Petitioner, Brandy Weibley, hereby certify that I have served a copy of the forgoing Petition for Contempt by: U.S. First Class Mail to: Randy Weibley 406 South Spring Garden Street Carlisle, PA 17013 Date: ?2'?°?'?? _ AA Jes of , Esquire Mi Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 RANDY WEIBLEY PLAINTIFF V. BRANDY WEIBLEY DEFENDANT AND NOW, Thu IN THE COURT OF COMMON PLEAS OF C"' c? PENNSYLVAI CUMBERLAND COUNTY --t ? , z as C-s rrn- -u rat N Cp 2002-4393 CIVIL ACTION LAW ? -n IN CUSTODY r"j ORDER OF COURT December 22, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and th it respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, Januarv 24, 2012 A at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defi e and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the confere cc may provide grounds for entry of a temporary or permanent order. 'The court hereby directs the Special Relief orders, and Custody The Court of Common with Disabilites Act of 1990. Fo available to disabled individuals must be made at least 72 hours p conference or hearing. YOU SHOULD TA HAVE AN ATTORNEY OR ( FORTH BELOW TO FIND O opy P/XpV/ s to furnish any and all existing Protection from Abuse orders, v?p Ra f?e C? ?b / T 1 to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ , jacqueline M. Verney, Esq_P Custody Conciliator Pleas of Cumberland County is required by law to comply with the Americans • information about accessible facilities and reasonable accommodations laving business before the court, please contact our office. All arrangements for to any hearing or business before the court. You must attend the scheduled THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT NNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET 'WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 J Telephone (717) 249-3166 A ? T In CIO e7alleg"10 RANDY WEIBLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-4393 CIVIL TERM tia BRANDY WEIBLEY, -73- : CIVIL ACTION - LAW r?i U-1 Defendant IN CUSTODY p= - 'TA ORDER OF COURT' AND NOW, this Z6' day of :3-A N y PrXY , 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Mother hereby withdraws her Petition for Contempt. The prior Order of Court dated July 29, 2004 shall remain in full force and effect with the following modifications. 2. Mother shall have periods of partial physical custody of the children on alternating weekends from Friday at 7:00 p.m. to Sunday at 7:00 p.m. with only one child at a time. (Mother will have one weekend per month with each child.) 3. Mother shall not have physical custody of the children for the overnight during the week, but shall have additional periods of physical custody as agreed by the parties. 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, Kevin A.,less, P.J. cc: essica Holst, Esquire, MidPenn Legal Servic/1 Counsel for Mother Randy Weibley, pro se 406 South Spring Garden Street Carlisle, PA 17013 g1lc RANDY WEIBLEY, Plaintiff V. BRANDY WEIBLEY, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2002-4393 CIVIL TERM : 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 report1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carol Ann Weibley February 10, 1997 Father Haley Elizabeth Weibley March 27, 1999 Father 2. A Conciliation Conference was held in this matter on January 24, 2012, with the :following individuals in attendance: Mother, Brandy Weibley, with her counsel, Jessica H:olst, Esquire, Mid Penn Legal Services and Father, Randy Weibley, pro se. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated July 29, 2004 granting shared legal custody, Father having primary physical custody with Mother having physical custody on alternating weekends and one overnight per week. 4. Mother filed a Petition for Contempt. 5. The parties agreed to an Order in the form as attached. -a?-1w Date V"l• ? acqu ine M. Verney, Esquire Custody Conciliator