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Home My WebLink About04-6393Martha Wogan & Fred Wogan Sr., Plaintiffs Amanda R. Fisher & Jaron Weaver, Defendants : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW · NO.--"Oq' qs cIVm wmv : IN CUSTODY COMPLAINT FOR CUSTODY Plaimiffs are Martha Wogan and Fred Wogan, Sr., adult individuals currently residing at 414 North Bedford Stree, Carlisle, Cumberland County, Pennsylvania. o Defendant, Amanda Fisher, is an adult individual currently residing at 851 North Hanover, Apartmem 8, Carlisle, Cumberland County, Pennsylvania. Defendant, Jaron Weaver, is an adult individual currently incarcerated in the Cumberland County Prison· The Defendants are the natural parems of one (1) child, namely, Kaaliyah B. Weaver, bom August 24, 2001· The child was born out of wedlock. For the past five (5) years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: NAME Martha Wogan Fred Wogan, Sr. ADDRESS 414 North Bedford Street Carlisle, PA 17013 DATES November 2001 until Present Amanda Fisher Jaron Weaver 851 North Hanover Apartmem 2 Carlisle, AP 17013 Birth until November 2001 o o o o 10. The natural mother of the child is Amanda Fisher who resides as aforesaid. She is unmarried. The natural father of the child is Jaron Weaver who resides as aforesaid. He is unmarried. The relationship of the Plaimiff to the child is that of Maternal Great Grandmother. The Plaintiff currently resides with her Husband and the child. The relationship of Defendant, Amanda Fisher, to the child is that of natural Mother. Defendant curremly resides with Hirshel Swartz, a paramour. The relationship of Defendant, Jaron Weaver, to the child is that of natural Father. Defendant currently is incarcerated at the Cumberland County Prison. Plaimiffs have not participated as a parties or witnesses, or in any other capacity in other litigation, concerning custody of the child. Plaintiffs have no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. It is in the best interest and permanent welfare of the child to grant the relief requested because: b) c) d) e) g) Plaintiffs have been and continue to be the primary custodian for the child from the age of three months through present; Defendant, Amanda Fisher, has shown an inability to provide for the fmancial, physical, or emotional needs of the child; Defendant, Amanda Fisher, has demonstrated a pattern of behavior of using the child as a means to extort money and compliance from Plaintiffs. Defendant, Amanda Fisher, has an extensive history of drug use, including heroin use. Defendant, Amanda Fisher, has an extensive history of perpetrating domestic violence. Defendant, Amanda Fisher, was recently incarcerated for one and one-half weeks after hitting Plaintiff, Martha Wogan, with her vehicle. Criminal Charges have been filed including simple assault, aggravated assault, and driving with suspended license. Defendant, Amanda Fisher, showed up at Plaintiffs residence in September 2004 under the influence of drugs and began screaming and yelling at Plaintiffs. Defendant stripped off all her clothing and ran through the yard, naked, screaming at Plaintiffs. The child witnessed this behavior. Defendant, Amanda Fisher, was just released from prison and went to Carlisle Police Station where she spoke to Officer Guido. Officer Guido contacted Plaintiffs and recommended that Defendant, Amanda Fisher, into letting the Child stay with Plaintiffs. Officer Guido advised Plaintiffs to go to Children i) and Youth or an attorney to get an emergency Order to prevent the return of child to Defendant. Defendant, Jaron Weaver, is currently incarcerated at the Cumberland County Prison for dealing drugs, theft, and driving under a suspended license. 10. Plaimiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiffs request your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time they should be granted primary physical custody of the child. Respectfully submitted, BiSan C. Bomman, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. DATE: J:?/-9 77 g~,/ Martha Woean, Plaintiff Sr., Martha Wogan & Fred Wogan Sr., Plaintiffs Vo Amanda R. Fisher & Jaron Weaver, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW / IN CUSTODY CIVIL TERM PETITION FOR SPECIAL RELIEF AND NOW comes Petitioners, Martha Wogan and Fred Wogan, Sr., by and through their counsel of record, Brian C. Bornman, Esquire, and the law firm of Griffie and Associates and petitions the Court as follows: Petitioners are the above named Plaintiffs, Martha Wogan and Fred Wogan, Sr. (hereinafter referred to as "Grandparents"), and are adult individuals currently residing at 414 North Bedford Street, Carlisle, Cumberland County, Pennsylvania. Respondent, Amanda Fisher, is the above named Defendant (hereinafter referred to as "Mother"), an adult individual currently residing at 851 North Hanover Street, Apartment 8, Carlisle, Cumberland County, Pennsylvania. Respondent, Jaron Weaver, is the above-named Defendant (hereinafter referred to as "Father"), an adult individual currently incarcerated in the Cumberland County Prison. The Plaintiffs are the maternal great-grandparents Kaaliyah B Weaver, born August 24, 2001. 10. 11. 12. 13. 14. Grandparents filed a custody complaint on December 21, 2004 to address the issues surrounding custody of the child. A custody Order regarding this child is in effect between the Mother and Father, awarding primary physical custody of the child to Mother. Grandparents do not have a copy of this Order. The parties have not followed the terms of this Order since its entry. Petitioners have, at all times since the entry of the custody Order, stood In Loco Parentis to the child. Since the entry of the aforementioned Custody Order, the child has continued to reside with Grandparents at all times. Since the entry of the aforementioned Custody Order, Mother has not resided exclusively with Grandparents and child, having moved on her own approximately two years ago, leaving the child with Grandparents. Grandparents have .been and continue to be the primary custodian for the child from the age of three months through present. Mother has shown an inability to provide for the financial, physical, or emotional needs of the child; Mother has demonstrated a pattern of behavior of using the child as a means to extort money and compliance from Plaintiffs. Mother has an extensive history of drug use, including heroin use. It is believed and, therefore averred, that Mother continues to actively use heroin and other illegal substances. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Mother has an extensive history of perpetrating domestic violence. The Carlisle Police Department reported to Grandparents that there have been over 32 calls over the past two and one-half years to Mother's residence for domestic violence calls. Mother, showed up at Grandparents' residence in September 2004 under the influence of drugs and began screaming and yelling at Grandparents. Mother stripped off all her clothing and ran through the yard, naked, screaming at Grandparents while the child witnessed this behavior. Mother was incarcerated on approximately December 7, 2004 for one and one-half weeks after hitting Grandmother with her vehicle. Criminal Charges have been filed including simple assault, aggravated assault, and driving with suspended license. The incident occurred when Mother tried to take the child from Grandparents' care while under the influence of drugs. Mother struck Grandmother with her vehicle, and ran a red light with the child screaming in the front seat; the child was not in a car seat or even belted in. Mother was just released from prison on approximately December 17, 2004 and went to the Carlisle Police Station to seek assistance in securing the child from Grandparents. The officer on duty recommended that Mother allow the child to stay with Grandparents and then contacted Grandparents to warn them of her behavior. The officer advised Grandparents to go to Children and Youth or an attorney to get an emergency Order to prevent the return of child to Mother. Grandparents met with Children and Youth Services, Elizabeth Browning, who advised that CYS could not take any action at this time because the child was currently in a safe place, but advised them to seek an emergency Order of Court to protect the child. 26. Father is currently incarcerated at the Cumberland County Prison for dealing drugs, theft, and driving under a suspended license and not expected to be released until May 2005. 27. Grandparents fear that Mother will again attempt to forcefully remove the child from their care and restrain the child against her will. 28. Grandparents fear that Mother will flee the jurisdiction if she obtains physical custody of the child. 29. Grandparents fear that the child will be harmed if Mother obtains custody of the child. 30. A copy of this Petition was mailed to Mother at her last known address and Father at the Cumberland County Prison by regular U.S. Mail on December 21, 2004. WHEREFORE, Petitioners request your Honorable Court to enter an Emergency Order granting Petitioners sole legal and primary physical custody of the Child until a hearing can be held on this petition. Following a hearing, Petitioners pray that this court enter an Order granting them physical and legal custody of the Child until further Order of Court. Respectfully submitted, Bn'~n C. Bornman, Esquire Attorney for Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. Martha WO, - Martha Wogan & Fred Wogan Sr., Plaintiffs Vo Amanda R. Fisher & Jaron Weaver, Defendants ·CIVIL ACTION - LAW NO. IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM CERTIFICATE OF SERVICE I, Brian C. Bornman, Esquire, hereby certify that I did, the ~/r~ day of December, 2004 cause a copy of Plaintiffs/Petitioners' Petition for Special Relief to be served upon Defendants by first class mail, postage prepaid and by certified mail, restricted delivery at the following address: Amanda Fisher 851 N. Hanover Street Apartment 8 Carlisle, PA 17013 Jaron Weaver 1101 Claremont Road Carlisle, PA 17013 DATE: Brian C. Bornman, Esquire Attorney for Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 MARTHA WOGAN and : FRED WOGAN, SR., : Plaintiffs : V. '. AMANDA R. FISHER and: JARON WEAVER, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6393 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of December, 2004, upon consideration of Plaintiffs' Petition for Special Relief, it is ordered and directed as follows: 1. A hearing is scheduled for Wednesday, January 5, 2005, at 9:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 2. Pending the hearing, primary physical custody of Kaaliyah B. Weaver (d.o.b. August 24, 2001) shall be in Plaintiffs, and temporary or partial physical custody shall be in Defendants at such time as the parties agree. ,,4~rian C. Bornman, Esq. (~o. nav, t~. ~c.~') 200 N. Hanover Street Carlisle, PA 17013 Attorney for Plaintiffs d~manda Fisher 851 North Hanover Street Apartment 8 Carlisle, PA 17013 Plaintiff, pro se BY THE COURT, /j/Wesley O1~ ~., -' j. ,/~on Weaver Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Defendant, pro se :rc 2 c 0000)(./ l,~~( .~) .~!_;_'~ MARTHA WOGAN and FRED WOGAN, SR. Plaintiffs V. : IN THE COURT OIl COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO, 2004-6393 CIVIL TERM AMANDA R. FISHER and JARON WEAVER, Defendants : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 24th 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, ody Conciliator ~ (,--, ':;,:::;) <-1' (... ". :;z: o -n -\ ::r:-n n1F --om on\? 0(:> ~:]:; (:'0 ~~;~I ~{i ~'''.", CD .< N <.)1 ~ :x '2 r .r~- MARTHA WOGAN and FRED WOGAN, SR., Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW AMANDA R. FISHER and JARON WEAVER, Defendants : NO. 04-6393 : IN CUSTODY CIVIL TERM PRAECIPE TO WITHDRAW PETITION FOR SPECIAL RELIEF TO THE PROTHONOTARY: Please withdraw the Petition for Special Relief previously filed in the above-captioned matter. Respectfully submitted, I-Ie; '() 5 Date - ".~ ;;:>/ ~;. ~~r' riail ~. Borrunan, Esquire Attorney for Plaintifft GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ~) '.';";-,> 1--',; 1,,;,..n ~'n E- ~--" :;;.;:.::: G) ..,., -~'-' .~ C') =:'1 en '-D - ----.----