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HomeMy WebLinkAbout04-5279.BRYAN WEARY, VS. JERRY J. JAYNE, and SUSAN ROEDER WEARY Plaintiff Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .' : CIVIL ACTION - LAW : NO. 2004 - ~'~ CIVIL TERM .. . .' : IN CUSTODY ORDER OF COURT AND now, this day of ,2004, upon consideration of the attached Motion, it is hereby directed that the parties and their respective counsel appear before the conciliator, at , on the day of ,2004, at o'clock _. m. for a pre-hearing custody conference. At such conference, an effort wilt be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. For the Court, SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAVVYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Courthouse, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 AMFRICANS WITH DI.~ABILITII::S ACT OF '1990 The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans with Disabilities 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 ~east 72 hours prior to any hearing or business before the Court. By the Court, Date: BRYAN WEARY, : Plaintiff : VS. .' : JERRY J. JAYNE, : : and : : SUSAN ROEDER WEARY : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - ~'~ ?~ CIVIL TERM IN CUSTODY AINT FOR CLIRTCJFIY 1. The Plaintiff is Bryan Weary, residing at 1850 Pine Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant, Jerry J. Jayne resides at 5039 Waggoners Gap Road, Landisburg, Perry County, Pennsylvania 17040. 3. The Defendant, Susan Roeder Weary resides at 80 Linn Ddve, Carlisle, Cumberland County, Pennsylvania, 17013. 4. The Plaintiff seeks custody of the following child, Jeremy Jayne, who resides at 1850 Pine Road, Newville, Cumberland County, Pennsylvania 17241, age sixteen (16). The child was not born out of wedlock. The child is presently in the custody of Plaintiff, who resides at 1850 Pine Road, Newville, Cumberland County, Pennsylvania 17241. Dudng the past five years, the child has resided with the following persons and at the following addresses: SA1DIS ;HUFF, FLOWER & LINDSAY 26 W. High Street NAME Bryan Weary (Plaintiff) and Susan Roeder (Defendant) Bryan Weary (Plaintiff) And Susan Roeder Weary (Defendant) Bryan Weary (Plaintiff) ADDRESS 80 Linn Drive, Carlisle, PA 1850 Pine Read, Newville, PA 1850 Pine Road, Newville, PA FROM/TO 1998 to September 2003 September 2003 - June 2004 June 2004 - present The mother of the child is Susan Roeder Weary, currently residing at 80 Linn Drive, Carlisle, Pennyslvania. Mother is married, The father of the child is Jerry Jayne, currently residing at 5039 Waggoners Gap Road, SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Landisburg, Pennsylvania. Father is married. 5. The relationship of the Plaintiff to the child is that of stepfather. The Plaintiff currently resides with the following person(s): Jeremy Jayne, stepson and Devon Weary, son (bom 7/21/90) 6. The relationship of the Defendant Susan Weary to the child is that of mother. The Defendant Susan Weary currently resides with the following person(s): Abigail, her daughter, age thirteen (13). 7. The relationship of the Defendant Jerry Jayne to the child is that of father. The Defendant Jerry Jayne currently resides with the following person(s): His wife. 8. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the child in this or another jurisdi~ion. 9. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of the Commonwealth. 10. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. The best interest and permanent welfare of the child will be served by granting the relief requested because; a) The Plaintiff can best provide for the physical and emotional needs of child. b) The child wishes to live with Plaintiff. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of the child to the Plaintiff. Respectfully submitted, Saidis, Shuff, Flower & Lindsay By: ID ~5 ~ Carlisle, PA 17013 (717) 243-6222 VFRIFIC/tT~ON I, the undersigned, hereby verify that the statements made herein 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. Brya~ary, Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Stree! Carlisle, PA BRYAN WEARY PLAINTIFF JERRY J. JAYNE & SUSAN ROEDER WEARY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND CC~UNTY, PENNSYLVANIA 04-5279 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, Tuesday, October 26, 2004 _, upon consideration of the attached Complaint, it is hereby directed that patties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 23, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in ~ispute; 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 childran 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 priur to scheduled hearing. FOR THE COURT~ By:. /s/ ,[acqueh'ae M. Verne~y, Esq. mhc Custody Concilial;or The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA BRYAN WEARY, Plaintiff VS, JERRY J. JAYNE and SUSAN ROEDER WEARY Defendants :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA .. .. :CIVIL ACTION - LAW :NO. 2004 ~',~7~ CIVIL TERM .' .. :IN CUSTODY .. CERTIFICATE OF SERVICE AND now, this 22 day of October, 2004, I, CAROL J. LINDSAY, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the Defendant, SUSAN ROEDER WEARY, on October 22, 2004, with the Complaint in Custody by Certified Mail, Return Receipt Requested, and First Class U.S. Mail addressed to: Susan Roeder Weary 80 Linn Drive Carlisle, PA 17013 and proof thereof, the signed Return Receipt Card, is attached hereto. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for P~_~iff/,~ ~;~ - (~a~l ~//L'~ndSay, Esquire ID # 446~t3 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA BRYAN WEARY, Plaintiff VS. JERRYJ. JAYNE and SUSAN ROEDERWEARY De~ndants :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :NO. 2004 ,~,~ 7~ CI¥1L IERM .' : :IN CUSTODY PROOF OF SERICE SAIDIS SHUFF, FLOWER & LINDSAY ATIDRNEYS.AT-UW 26 W. High Strl'et Carlisle, P A BRYAN WEARY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. JERRY J. JAYNE, : CIVIL ACTION - LAW : NO. 2004 - 5279 CIVIL TERM and SUSAN ROEDER WEARY Defendants : IN CUSTODY STIPULATION OF THE PARTIES The parties hereto stipulate as follows: 1. The Defendants are parents of Jeremy Jayne born August 12, 1988. 2. The Plaintiff is the step-father of the child. 3. Jeremy Jayne wishes to reside with Plaintiff and Defendants are in agreement that he may so reside. 4. The parties shall share legal custody of the child. Plainitff shall have physical custody of the child and will keep the Defendants advised of medical emergencies and the general condition of the child. Furthermore, through e-mail, Plaintiff will provide to the Defendants an update on Jeremy's condition at least every two weeks. Further, assuming that Jeremy is covered by insurance which will pay for counseling, Plaintiff will arrange for his counseling and keep the Defendants advised of the child's progress. The parties agree, however, not to interfere with the child's counseling or with his therapist unless the therapist specifically asks them to become involved in Jeremy's therapy. They further agree that Brian Weary may provide Jeremy's school with any information it may require SAIDIS SHUFF, FLOWER & LINDSAY AlTORNEYS.AT-LAW 26 W. High Street CarlisJ~, PA regarding Jeremy and that the school may rely on the information he provides. Plaintiff is specifically authorized to seek and obtain any medical treatment Jeremy requires. The parties agree that communication between Jeremy and Defendants shall be as Jeremy directs and that neither parent will attempt to contact him or require him to contact them until he is ready to resume communication. However, the parties may send written communication to Jeremy. 5. Plaintiff may enroll the child in the Big Spring School District. 6. The Defendants shall have visits with Jeremy at such times as Jeremy and the Defendants can agree. 7. The parties agree that the terms of this Stipulation shall be entered as a court order. Witnesses: rlJl i ,-- ~ ~ intiff i"'J CD - :--'..) <::':.:;, "' L:..q ;-.. ~-j ., ;...:;: c;, --c BRYAN WEARY, Plaintiff JAN 2 0 200r : IN THE COURT OF COMMON PLEAS OF : CUMBERLANIJl COUNTY, PENNSYL VANIA V. : NO. 2004-5279 CIVIL TERM JERRY J. JAYNE and SUSAN ROEDER WEARY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 19th day of January, 2005, the Conciliator having been advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, / / I t. /v., ", Vi v. , ... ..1---v....-""1..,."....._.~ I \ I ______~._,._ Jj , I acqrieline M, Vemey, Esquire, Custody Co!)Ciliator I, (j i',' ':',::J ~..,' .; SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High StreN Carlisle, P A ", " JAN 1 9 200Y Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA BRYAN WEARY, vs. JERRY J. JAYNE, : CIVIL ACTION - L.AW : NO. 2004 - 5279 CIVIL TERM and SUSAN ROEDER WEARY Defendants : IN CUSTODY ORDER OF COURT /' NOW, this 2.--'\ day of ~, 2oo6upon consideration of the within Stipulation of the Parties, the terms thereof are hereby made an Order of Court By th~ COIJrt, ~ ~~ .({(/'/ /// //)/. f/, , I" .'" 7 / ( J. 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