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Home My WebLink About05-5054 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOutH HANOVER STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW KEVIN B. WEAGLE, Plaintiff JODI LEE SWARTZ Defendant : NO. 2005 - CIVIL TERM : IN CUSTODY COMPLMNTFORCUSTODY NOW comes the Plaintiff, Kevin B. Weagle, by his attorney, Nathan C Wolf, Esquire, and respectfully represents as follows: 1.) Plaintiff is Kevin B. Weagle, (hereinafter "Father"), the plaintiff in the above captioned matter who resides at 149 cedar Street, Carlisle, Ounberland County, Pennsylvania. 2.) The defendant is Jodi Lee Swartz, an adult individual residing at 811 Longs Gap Road, NOM Middleton, Ounberland County, Pennsylvania. 3.) Plaintiff seeks an order establishing custody of the following children: Kevin B. Weagle, Jr. Present Residence 149 cedar Street Carlisle, P A 17013 811 Longs Gap Road Carlisle, P A 17013 .Age 14 years DOB 2/14/1991 Name Kaitlyn M Weagle 12 years DOB 10/211993 4.) Plaintiff and defendant are the natural parents of the children. 5.) The children were born of the marriage of the parties. 6.) The parties' daughter is presently in the custody of plaintiff and had resided with both parties from birth until the parties' separation. The child thereafter lived with defendant from February 2005 until May 2005 and has resided with plaintiff since that time. 7.) The parties' son is presently in the custody of defendant and had resided with both parties from birth until the parties' separation. The child thereafter lived with defendant since February 2005 but Plaintiffhas had frequent contact with the child since that time. 8.) The parties were divorced on May 31, 2005, by Decree issued from Cameron County, Pennsylvania at docket number 2005-532. 9.) The mother ofthe children is currently married. 10.) The father of the children is currently single. 11.) Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court, except that the parties are subject to a Protection From Abuse Order at Docket 2005-4552 issued by the Honorable Edgar B. Bayley, which provides inter alia that the parties shall have periods of visitation by agreement. Father is likewise the plaintiff in the protection from abuse action and Mother is defendant in that action. 12.) Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 13.) Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14.) The best interests and permanent welfare of the children will be served by granting the relief requested herein because the plaintiff has not been given an opportunity to see the parties' son since September 18,2005, and Mother no longer has telephone service to her house and Father has no means to contact the child directly. Father did receive a telephone call on September 23, 2005 from the child, at which time Father was promised the opportunity to see the child on Sunday, September 25, 2005, but Father never received a call indicating when he could pick up the child. 15.) Plaintiff has paid support for the care and maintenance of the children during their entire lives. 16.) Plaintiff maintains a stable household and environment within which to raise the children. 17.) Plaintiff is gainfully employed in Cumberland County and has sufficient means to care for the welfare ofthe children. 18.) Plaintiff believes and therefore avers that the best interests of the child would be served by the issuance of an Order of Court granting Father primary physical custody of the children and granting Mother periods of partial physical custody of the parties' son on weekends and holidays and confirming shared legal custody of the children. WHEREFORE, for the reasons set forth herein, plaintiff, Kevin B. Weagle, respectfully requests that the Court enter an order establishing the parties' relative rights to custody as aforesaid. Respectfully submitted, WOLF & (l~ J{l ;..1{" 2005 f y: VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set fonh in this complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.CS. Section 4904, relating to unsworn falsification to authorities. 9/:;'0 / ,2005 Kev~ea-::~ NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUIH HANOVER STREET CARLISLE PA 17013 (/17) 241-4436 ATTORNEY FOR PLAINTIFF v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW KEVIN B. WEAGLE, Plaintiff JODI LEE SWARTZ Defendant : NO. 2005 - CIVIL TERM : IN CUSTODY CE...RTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attomeyfor Plaintiff, do hereby certify that I have served a copy of the foregoing Complaint in Custody upon the following individual by postage prepaid mail, addressed as follows: Jodi 1. Swartz, Esquire 811 Longs Gap Road Carlisle, PA 17013 ~j,-V"sJ12005 NA: C OLF, Attorneys Ii PIa' . 37 South Hanover Street, Suite 201 Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 87380 ........ ~ ...... ~ ":' ~ ~ ~ "- \. -. ~ ~ ~ ...."" ~ ~ ...... ~ ~. 2"2(.'" (') r -- :~,. ;f :;J ~~ r--> = = "-', v, r" -;; N -..J ~ ::::l -~-n 01-,- r :urn ;:?{? ::}~~.: ~~~ f:~ ..-\ ;C~ .:0 -< > :JI: co UI ...-' - KEVIN B. WEAGLE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-5054 CIVIL ACTION LAW JODI LEE SWARTZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Wednesday, September 28, 2005 , upon consideration of the attached Complaint, it is Ilereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. . the conciliator, at u."-th Floor, Cnmberland CouIl.~.~.u--"t_h.~.IlSl" Ca~lis!e on ____Th_urs(\~X'--()~!~ber}O, 2005 at _l_O:?~_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 del1nc and narrow the issues to be heard by the cOUTt, 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 conlercnce mav provide grounds for entry of a temporary or pennanent order. The court hereby directs the parties to furnish any and all existiug Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl ae ueline M. Verne 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 infonnation 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 bearing or business bet(lfe the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 Bedtord Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ~ ~ .~ _ ~ .f.&,7SVJicJ . h J! ~ 7/1, 50.K~ k .J/.P ~ ~ ~'p?J 5(/~'~ A.J.~-,jr'"'i:-: (-' ....'nCJ _ _, .. ,.' , r~" .,-,,1 2 ~ :[ l:d 82 d3S ~nul A8V1Qr!O,llCCid 3Hl ;)0 :.i81:HD-03ll.:! ~ 0;~ KEVIN B. WEAGLE, Plaintiff RECEIVED~ l}- nn 2 2005 : IN THE COURT OF COMMON LEAS OF : CUMBERLAND COUNTY, PEN V. : NO. 2005-5054 CIVIL ACTION LAW JODI LEE SWARTZ, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ]...b day of c.9J.rj...... ,2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: ]. The Father, Kevin B. Weagle and the Mother, Jodi Lee Swartz shall have shared legal custody of Kaitlyn M. Weagle, born February ]4, ]99] and Kevin B. Weagle, Jr., born October 2, ] 992. 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. 2. Father shall have primary physical custody of Kaitlyn. 3. Mother shall have primary physical custody of Kevin. 4. Father shall periods of partial physical custody of Kevin as follows: a. Beginning October 28,2005 three out of four weekends. ]f Father is not working on Friday evening, Father's weekend custody shall begin at 2:35 p.m. on Friday. If Father is working on Friday evening, weekend custody shall begin at ]2:00 noon on Saturday. In the event that Father has to work past ]2:00 a.m. on Saturday night, Father shall notify Mother and return son to her custody on his way to work. In that situation, Father shall resume weekend custody at ]2:00 noon on Sunday. Father's custodia] periods shall end at 7:00 p.m. on Sunday. b. Every Wednesday from 2:35 p.m. to 7:00 p.m. 5. Mother shall have contact, visitation or partial physical custody with Kaitlyn when the child's counselor recommends such contact or when Kaitlyn requests contact. 6. Father shall be responsible for arranging counseling for Kaitlyn. Both parents shall cooperate with counseling by signing any and all releases requested by the counselor. Both parents shall participate in counseling with Kaitlyn if requested by the counselor. Both parents shall participate in family counseling if Kaitlyn's counselor recommends it. 7. Mother shall be responsible for arranging counseling for Kevin. Both parents shall cooperate with counseling by signing any and all releases requested by the counselor. Both parents shall participate in counseling with Kevin ifrequested by the counselor. Both parents shall participate in family counseling if Kevin's counselor recommends it. 8. Transportation shall be shared such that the parties shal1 meet at Nel1's Shur Fine Market, 1706 Spring Road, Carlisle. On Wednesdays and when Father's weekend custody begins on Fridays, Father shall pick up the child from school. 9. Father shall have telephone contact with Kevin at reasonable times. 10. children. Mother and Father shal1 not make custody arrangements through the 11. Neither parent will do or say anything, nor permit a third party to do or say anything that may estrange the children from the other parent, or injure the opinion of the children as to the other parent or that may hamper the free and natural development of the children's love and respect for the other parent. 12. This Order has been entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. Another conciliation conference is scheduled for December 19,2005 at 8:30 a.m. .') l BY THE COURT, 1 /. / i.: ./ V /:/( Edgar~liy, V"-- ~an C. Wolf, Esquire - Counsel for Father .,....Burgess Bradshaw, certified legal intern; Anne MacDonald-Fox, Esquire, Family Law Clinic - Counsel for Mother L~~ ....{/ IO'd-1 -f)3 KEVIN B. WEAGLE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-5054 CIVIL ACTION - LAW JODI LEE SWARTZ, Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. 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 Kaitlyn M. Weagle Kevin B. Weagle, Jr. February 14, 1991 October 2, 1992 Father Mother ") A Conciliation Conference was held in this matter on October 20, 2005. Present at the Conference were: Father, Kevin B. Weagle, with his counsel, Nathan C. Wolf, Esquire, and Mother, Jodi Lee Swartz, with her counsel, Burgess Bradshaw, certified legal intern, Anne MacDonald-Fox, Esquire, Family Law Clinic. 3. The Honorable Edgar B. Bayley entered an Order of Court pursuant to a PF A dated September 20, 2005 on behalf of Father and Kaitlyn against Mother. In the order, visitation was as agreed by the parties. 4. The parties agreed to an Order in the form attached. 10 -.2./ -O~ Date '~%/~,- Jacq ine M. Verney, Esquire d Custody Conciliator C> '3\ i ;;:- c::, :>v 110 t? ~ 3 (i""- ~. . J::. , ~ ,... ~ 0 -.,-- Vi '>'--' ~> ,~ c) "f> KEVIN B. WEAGLE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05 - 5054 JODI LEE SWARTZ, Defendant CIVIL ACTION - LAW CUSTODY PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Jodi Lee Swartz, the Defendant, in the above captioned matter. November 4, 2005 ~~. C-:h..;c,d..~~ Bur ess Bradshaw Certified Legal Intern 1~ Anne ouald-Fox Supervising Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PAl 70 13 (717) 243-2968 Fax: (717) 243-3639 (0 ...., ~ c::.:'l c: = <on Z ::;:l 0 --,--.:u -< rJ'r....... I -orn .'."1 e) ..,.. ,) c.l, -1...: :::~ ~?~:i; ~'-I'" ( ocn C~ -..{ ...-::", ~ :.:;! '" -' --< DEe 2 0 200~ (.";1 V" d-- KEVIN B. WEAGLE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2005-5054 CIVIL ACTION LAW JODI LEE SWARTZ, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this -:;x.' day of -~ J)l:e-~---~5, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Orders of Court dated September 20, 2005 and October 26, 2005 shall remain in full force and effect with the following modifications: 2. Father's after school period of partial physical custody of Kevin shall occur on Thursdays from 2:35 p.m. to 7:00 p.m., instead of Wednesdays. 3. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 4. Each party shall be entitled to one uninterrupted week of physical custody in the summer provided they give the other party thirty days prior notice and a location and telephone number where the children may be contacted. 5. The following holidays shall be alternated by the parties from 9:00 a.m. to 9:00 p.m.: Easter, Memorial Day, July 4th, Labor Day and Thanksgiving. Mother shall have physical custody of the children on Easter, 2006 and th(~ parties shall alternate the holidays thereafter. 6. This Order has been entered pursuant to an agreement ofthe 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 tenns of this Order shall control. BY THE COURT, /// Edgar B. Bayley, cc: Stacy Wolf, Esquire - Counsel for Father Burgess Bradshaw, certified legal intern; Lucy Johnston-Walsh, Esquire, Family Law Clinic - Counsel for Mother , iT "'" >-' UJ ~~~) o~;: 8;2~: \.....}(.-:~ O(i: ::10- ~t.U u..x l- lL. o M N CO ;>-. ,- :.;:'''' x """ N W lJ..l Cl ue, = = '" '::> CJ DEe 2 0 2005 1\ ~I~ KEVIN B. WEAGLE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-5054 CIVIL ACTION - LAW JODI LEE SWARTZ, Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. 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 Kaitlyn M. Weagle Kevin B. Weagle, Jr. February 14, 1991 October 2, 1992 Father Mother 2. A Conciliation Conference was held in this matter on December 19,2005. Present at the Conference were: Father, Kevin B. Weagle, with his counsel, Stacy Wolf, Esquire, and Mother, Jodi Lee Swartz, with her counsel, Burgess Bradshaw, certified legal intern, Lucy Johnston-Walsh, Esquire, Family Law Clinic. 3. The Honorable Edgar B. Bayley entered an Order of Court pursuant to a PF A dated September 20, 2005 on behalf of Father and Kaitlyn against Mother and an Order dated October 26, 2005 providing for shared legal custody with Father having primary physical custody ofKaitlyn and Mother having primary physical custody of Kevin. 4. The parties agreed to an Order in the form attached. (2- - ;;Lo -0 ~ Date ~... l ",-<_i~ fi1, t ~-f . cque eM. Verney, Esquire if Custody Conciliator