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HomeMy WebLinkAbout05-5576 \1 Defendant ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER T. WEIGHER, Plaintiff vs. CIVIL ACTION - LAW NO. o~:. '5<;7& c'~)-rtA--. AMY J. WEIGHER, IN DIVORCE COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, PETER T. WEIGHER, by his attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is PETER T. WEIGHER, an adult individual who resides at 509 Haldeman Boulevard in New Cumberland, Cumberland County, Pennsylvania. 2. The Defendant is AMY J. WEIGHER, an adult individual who resides at 725 Harding Street in New Cumberland, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are husband and wife. 4. The Plaintiff and Defendant are the parents of two minor children, Benjamin T. Weigher, age 14, born 8 November 1990 and Logan Rene Weigher, age 12, born 14 June 1993. 5. Plaintiff seeks an award of shared legal custody and primary physical custody of the children. 6. The children were not born out of wedlock and at the time of this Complaint, the children reside with both parents at the marital residence and in the joint legal and physical custody of both parents. 7. During the past five years, the minor children have resided with the following persons at the following addresses: 2000 through May 2003 509 Haldeman Boulevard New Cumberland, PA Plaintiff & Defendant 11 May 2003 to present New Cumberland, PA In the custody of both parents II 8. The father of the children is the Plaintiff who resides at the address set out above. He is married to the Defendant. 9. The mother of the children is the Defendant who resides at the address set out above. She is married to the Plaintiff. 10. The Plaintiff is the natural father of the children. Plaintiff currently resides alone at the address listed above. 11. The Defendant is the natural mother of the children. Defendant currently resides alone with the children at the address listed above. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said children. 13. The Defendant was awarded temporary custody of the children as part of a temporary protection from abuse order entered by the Court of Common Pleas of Cumberland County, to No. 03-6575 Civil Term. The custody provisions of that order, however, were not continued in the final order in the case and are no longer in effect. 14. The best interests and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A. Plaintiff is better able to provide a stable and suitable home for the children and is prepared and willing to do so; and B. The Defendant spends time away from her home and fails to properly care for the children during those periods of time; and C. Plaintiff enjoys a close relationship with the children and can provide the stability and support, emotional and personal, which they need to develop properly; and l_ II D. The children now spend more than half of their time with the Plaintiff and he believes a confirmation of that arrangement will be in their best interests. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff prays this Court to award him primary physical custody and share legal custody of the two minor children. ~~ Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 II Ii I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). ..---.------.., ~ -------/ Date:~'. \ 1-- &~-------- PETER T. WEIGHER I I I II I[ ~ '["1 " fu ~ <:-~ :F: .. ~ ( ll\ ~ ..., ..... "'- --- -J ...., --- Ci \..0 ~, <;- () <. C' PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PETER T. WEIGHER v. 05-5576 CIVIL ACTION LA W AMY 1. WEIGHER DEFENDANT IN CUSTODY OR[)ER OF COURT AND NOW. .. .\\,edllesd"t,~".yel11be,:Q2,200~ __, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, "t__..__ 39 \\'"stl\1"i~.~treet,l\1ech.nic~burg, l't\_I7055__ on _--Tues~.y, i"Ioy"mbeL~9,....~Q5.___ at 8:30 AM for a Pre-I learing Custody Conference. At such conference, an efr"ort 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 l11av provide grounds for entry ora temporary or permanent order. The court herehy directs the parties to furnish any and all existing Protection from Ahuse orders. Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ __--..Pawn S. Suncl!'L- Esq.___-Wil__ Custodv Conciliator f' The Court of Common Pleas of Cumberland County is required by law to eomply with the Americans with Disabilites Aet of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having busincss bcti}re the court, please eontaet our olliec, All arrangemcnts must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled con ference 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 Soulh BedJ()rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ fP.!J~1 +4;->6J E If ~ #W ~ ~ o/U,5J ~-J( o/'V P 2 ~Y}f 4;,cJ 'j1lJ .50. [".1/ 6Z :Zl f!d 8- WN gOOZ /ltlV1CNO,-UO:::d :JH1' ~o '"'!f".'I'r'\.JI...I - ~v.IO;'V l.J31ki ,,- Jl , . PETER T. WEIGHER Plaintiff 14N 2 0 ZUUD i' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-5576 CIVIL ACTION LAW AMY J. WEIGHER Defendant IN CUSTODY ORDER OF COURT AND NOW, this 1..0- day of fltJ.-7. ' 2006, upon consideration of the attached Custody Conciliation Repo . it is ordered and directed as follows: 1. The parties shall participate in a course of co-parenting counseling with a professional to be selected by agreement between the parties and their counsel. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Children and maintain custody arrangements which meet the Children's needs. The Father shall be responsible to pay any unreimbursed costs of the first four sessions. Allocation of costs for additional sessions shall be addressed at the follow-up custody conciliation conference scheduled in this Order. The parties shall cooperate in scheduling the initial session with the counselor as promptly as possible. 2. The parties shall have shared legal custody of Benjamin T. Weigher, born November 8, 1990, and Logan Rene Weigher, born June 14, 1993. 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 terms ofthis 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. 3. Pending the co-parenting counseling and the follow-up custody conciliation conference, the parties shall share having physical custody in accordance with this provision. For purposes of the custody schedule, each week shall be divided into three alternating segments. Segment A shall run from Friday at the beginning of the school day through Monday at the beginning of school, Segment B shall run from Monday at the beginning of the school day through Wednesday at the beginning of school, and Segment C shall run from Wednesday at the beginning of the school day through Friday at the beginning of school. During one week. the Mother shall have custody of the Children during Segments A and C and the Father shall have custody during Segment B, and in the other week, the Father shall have custody of the Children during Segments A and C and the Mother shall have custody during Segment B. The parties shall continuously alternate having custody of the Children during the three weekly segments so that each party has the alternating weekend period of custody. , 4. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, April 18, 2006 at 8:30 a.m. The purpose of the conference shall be to review the custody arrangements in light of the parties' participation in co- parenting counseling and experience with the custody schedule set forth in this Order. 5. 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. ccv-Samuel L. Andes, Esquire - Counsel for Father vSandra L. Meilton, Esquire - Counsel for Mother ~ ~I D \P \-0- o 0\ .''''' ';,j I;' /""0""1 i"",'"I' ::, t.. \ ~ '. \) ;J :;'.-1l I PETER T. WEIGHER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-5576 CNIL ACTION LAW AMY J. WEIGHER Defendant 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: 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 Benjamin T. Weigher Logan Rene Weigher November 8,1990 June 14, 1993 Mother/Father Mother/Father 2. A custody conciliation conference was held on January 10, 2006, with the following individuals in attendance: The Father, Peter T. Weigher, with his counsel, Samuel L. Andes, Esquire, and the Mother, Amy 1. Weigher, with her counsel, Sandra L. Meilton, Esquire. 3. The parties reached a tentative agreement at the conference with the conciliator agreeing to hold the matter open for a few days to enable the Mother to consider the options further. Subsequently, the Mother's counsel contacted the conciliator to confirm the Mother's agreement. Accordingly, the parties agreed to entry of an Order in the form as attached. Jl1.FlUCL.VC[ J 7, _~(D6 Date (J ((;~- Dawn S. Sunday, Esquire Custody Conciliator ,( Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PETER T. WEIGHER vs. 05-5576 CNIL ACTION LAW AMY J. WEIGHER Defendant IN CUSTODY ORDER AND NOW, this 31ST day of Julv ,the conciliator, being advised by plaintiffs counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for August I, 2006, is cancelled. ,~. FOR THE COURT, Da~ Custody Conciliator ~ ..... ~ ~ ;:R~ - i c: z:r:. en zr.; I ~,;.~:' -..I ~c; ~c -0 )>>0 ::x rr c; - ~ .. N ~ CO -.1 -. I 1- SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street, 3rd Fir. Harrisburg, P A 17110-1778 (717) 234-240] 1~I))ig,J@~~~JJl?,,-9r:n .llk-mrnelriiisas IIp.com Attorneys for Defendant PETER T. WEIGHER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5576 CIVIL TERM AMY J. WEIGHER, DEFENDANT CIVIL ACTION - CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of the undersigned as counsel for DEFENDANT in the above-captioned action. Date: \\'-\l~D\ By: PRAECIPE FOR ENTR OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as counsel for DEFENDANT in the above-captioned action. Date: \ 1.--( (5 fCJ(p LeRoy migel, squire ill #09617 James R. Demmel, Esquire ill #90918 4431 North Front Street, 3rd FIr. Harrisburg, P A 17110-1778 Phone (717) 234-2401 Counsel for Defendant By: >. SMIGEL, ANDERSON & SACKS, LLP leRoy Smigel, Esquire ID #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street, 3rd FIr. Harrisburg, P A 1711 0-1778 (717) 234-2401 1~mig~I@5fl,5nR.!;9..rn idemmel!liJsasllo.com Attorneys for Defendant PETER T. WEIGHER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5576 CIVIL TERM AMY J. WEIGHER, DEFENDANT CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, LeRoy Smigel, Esquire, counsel for Defendant, hereby certify that I have served a true and correct copy of the foregoing Praecipe for Withdrawal/Entry of Appearance upon the undersigned by depositing \ ""2-( IS I b~ , with postage prepaid, first class mail and addressed same in the U.S. Mail on as follows: JAMES G. MORGAN, JR., ESQUIRE TUCKER ARENSBERG, P.c. P.O. BOX 889 HARRISBURG, PA 17108 SAMUEL L. ANDES, ESQUIRE P.O. BOX 168 LEMOYNE, P A 17043 (counsel for Plaintiff) l "2-[ lS/O(p SMIGEL, Al'~TJ)ERSON & SACKS, LLP By: 1d)~ ~~ LeRoy Smigel squire #09617 James R. Demmel, Esquire ill #90918 4431 North Front Street, 3rd FIr. Harrisburg, P A 17110-1778 Phone (717) 234-2401 Counsel for Defendant Date: o C;;. ,-:> c;> 0::::::> c:.r- o rt'1 c> ".-"< ): :-~ - c:> o .,., .-4 :r: -r"i (0'-' ..,-,b :'bC( '=-:)0 ~~i;'~) ':..~ -po ~ -c> --:..."" .....;;.,... .r:- .- o ""