Loading...
HomeMy WebLinkAbout02-1137C5 BARBARA A. PUGH Plaintiff VS RYAN L WEIGLE & JUDY HOCKENBERRY Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO.: 11 7 : CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE JUDGE OF SAID COURT: COMPLAINT FOR CUSTODY 1. The Plaintiff is Barbara A. Pugh, residing at 5470 Union Deposit Road, Harrisburg, Dauphin County, Pennsylvania 17111. 2. The Defendants are Ryan L. Weigle residing at 306 E. Louther Street, Carlisle, Cumb]/grland County, Pennsylvania 17013 and Judy Hockenberry residing at 319 North East Street, Carlisle, Cumberland County, Pennsylvania, 17013. The Plaintiff seeks visitation of the following child: Narlle~ Present Residence: Age: Spencer Ryan Weigle 319 North East Street, Carlisle 4 months The child was bom out of wedlock. The child is presently in the custody of the Defendant, Judy Hockenberry. During the past four months, the child has resided with the following persons and at the following address: Nanle' Address: Dates: Judy Hockenberry 319 North East Street, Carlisle, PA 17013 Since Birth The Mother of the child is Judy Hockenberry, currently residing at 319 North East Carlisle, PA, 17013. She is single. The Father of the child is Ryan Weigle, currently residing at 306 East Louther Street, Carlisle, PA 17013. He is single. 4. The relationship of the Plaintiffto the child is that of Grandmother. The Plaintiff currently resides with the following: Name: Richard Pugh Relationship: husband 5. The relationship of the Defendants to the child is that of Mother and Father. The Defendant currently resides with the following: Name: (Mother) Judy Hockenberry resides with Ken Hockenberry Relationship: Father Name: (Father) Ryan Weigle resides with Ruth Shughart Relationship: Aunt 6. Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning custody of the child in this or another court. The Court, term and number, and its relationship to this action is: N/A Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other State. The Court, temi and number, and its relationship to this action is: N/A 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. The name and address of such person is: N/A 7. The best interest and permanent welfare of the Child will be served by granting the relief requested because (set forth facts showing that the granting of the relief requested will be in the best interest and permanent welfare of the child): 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a fight to custody or visitation of the Child will be given notice of the pendency of this action and the right to intervene: Name: Address: Basis of Claim: WHEREFORE, the Plaintiff, Barbara Pugh, respectfully requests this Honorable Court grant visitation of the child. Respectfully submitted, Attorney at Law 108-112 Walnut Street Harrisburg, PA 17101 (717) 238-5113 I.D. No. 63881 VERIFICATION The undersigned verifies that the statements made in the foregoing Petition are true and correct. I understand that false s, tatements herein are made subject to the penalties at 18 Pa.C.S. A., ~54904 relating to Unsworn Falsification to Authorities. l~laintiff .... BARBARA A. PUGH PLAINTIFF V. RYAN L. WEIGLE & JUDY HOCKENBERRY DEFENDANT : _. ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1137 CIVIL ACTION LAW IN CUSTODY AND NOW, Thursday, March 14, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , thc conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, April 15, 2002 at 9:00 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 bc accomplished, to define and narrow thc 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 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 prior to scheduled hearing. FOR THE COURT, By: /s/ Me!issa P. Greevy. Esq. 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 M~¥ H 1 ZOO2 ~ BARBARA A. PUGH, Plaintiff Vo RYAN L. WEIGLE and JUDY HOCKENBERRY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1137 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Defendants ORDER OF COURT AND NOW, this -~ day of June, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The Paternal Grandmother, Barbara A. Pugh, shall have periods of partial custody of the minor child, Spencer Ryan VVeigle, born October 27, 2001, in accordance with the following schedule: A. Effective May 24, 2002, each Friday from 6:00 p.m. until Saturday at 6:00 p.m.; B. Unless otherwise agreed, from 4:00 p.m. until 8:00 p.m. on Christmas Day; and C. At such other times as the parties may agree. 2. Counsel for the Plaintiff in this matter shall file Proof of Service of the Order scheduling the May 20, 2002, Conciliation Conference and shall serve and file Proof of Service of this Order upon the Defendants, Ryan L. VVeigle and Judy Hockenberry. 3. In the event that either Defendant is aggrieved by the terms of the Order, upon proper Petition and payment of the filing fee, the Custody Conciliation Conference may be reconvened. Dist: BY THE COURT: Bryan S. Walk, Esquire, 108-112 Walnut Street, H r~/r/drisburg, PA 17101 Ryan L. Weigle, 306 E. Louther Street, Carlisle, PA 17013 Judy Hockenberry, 319 NoAh East Street, Carlisle, PA 17013 C_.~,.:~ ~ ~1~./o.~. MAY 3 1 Z00~ ~' BARBARA A. PUGH, Plaintiff : V, : RYANL. WEIGLEand JUDY HOCKENBERRY, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1137 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 191 $.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME Spencer Ryan Weigle DATE OF BIRTH October 27, 2001 CURRENTLY IN THE CUSTODY OF Father 2. A Custody Conciliation Conference was held on May 20, 2002. Present for the conference were the Paternal Grandmother, Barbara A. Pugh, and her counsel, Bryan S. Walk, Esquire. Neither the Mother, Judy Hockenberry, nor the Father, Ryan L. Weigle, attended the conference. 3. Counsel for the Petitioner, Barbara A. Pugh, demonstrated service of the Order scheduling the Conference to Father via restricted delivery, certified mail. After viewing the green card from the Postal Service, the Conciliator was satisfied that service upon Father had been made properly. Counsel also demonstrated service upon Mother, Judy Hockenberry, by a constable on May 13, 2002. Constable indicated that service was made either on the Defendant or her authorized agent. The personal service occurred at the residence of the Paternal Grandfather of the child. 4. The Petitioner reports that since the end of February she has had partial custody from Friday evening to Saturday evening each week. Additionally, she reports the child is residing with the Father, Ryan L. Weigle, and that from the time the child was a week old following his birth in October 2001 until January 2002, she had physical custody of the child from Thursday through Sunday of each week. However, because of a disagreement, the child's Mother, Ms. Hockenberry, elected to discontinue all contact from some time in January through the end of February. Once Father was released from jail, he re-instituted regular contact between the child and the Paternal Grandmother. NO. 02-1137 CIVIL TERM 5. The Paternal Grandmother requests, and the Conciliator agrees, to confirm what has been the practice for approximately two and a half (2 ¼) months and to provide a few hours visit on Christmas Day. Counsel for the Petitioner shall file Proof of Service of the Order scheduling the Conciliation Conference for May 20, 2002, and, when the Order of Court is received, the counsel for the Petitioner shall serve the new Order on both Mr. Weigle and Ms. Hockenberry. Da/e / Melissa Peel Greevy, Esqd'ire Custody Conciliator :158558 BARBARA A. PUGH, Petitioner RYAN L. WEIGLE and JUDY HOCKENBERRY, Respondents /Iq THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1137 CIVIL TERM CIVIL ACTION LAW - CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: _PETI_TION FOR MODIFICATION OF CUSTODY ORDEII AND NOW, this _[ ~Xday of October, 2002, comes Petitioner, BARBARA A. PUGH, by and through counsel, Sanford A. Krevsky, Esquire, and offers the following averments in support of her Petition for Modification of Custody Order. Petitioner, BARBARA A. PUGH, is the Paternal Grandmother of the minor child, SPENCER RYAN WEIGLE ("Child") (DOB 10/27/01). Petitioner, BARBARA A. PUGH, currently resides at 5470 Union Deposit Road, Harrisburg, Dauphin County, Pennsylvania 17111 Respondent, JUDY HOCKENBERRY is the natural mother of aforesaid minor Child. Respondent, JUDY HOCKENBERRY currently resides at 108 E. Penn Street, Carlisle, Cumberland County, Pennsylvania 17013. Respondent, RYAN L. WEIGLE is the natural father of aforesaid minor Ckild Respondent, RYAN L. WEIGLE currently incarcerated at the Cumberland County Prison. Respondents, JUDY HOCKENBERRY and RYAN L. WEIGLE have never been married. On June 3, 2002, an Order of Court was entered in this matter providing that the Petitioner, BARBARA A. PUGH shall have periods of partial custody of the minor child, SPENCER R. WEIGLE (Exhibit A). Petitioner asserts that it would be. in the best interest of the minor child to modify the existing Order due to the following: 10. Respondent, JUDY HOCKENBERRY is a drug and alcohol abuser. She has an addiction to both crack cocaine and marijuana. It is believed that she prostitutes her body to gain drugs and money. There are warrants out for her arrest for breaking the law with regard to disorderly conduct, underage drinking, and tax evasion. Respondent, JUDY HOCKENBERRY neglects the minor child. She does not keep him properly clothed or fed. She is constantly dropping him off with different people to take care of him. The minor Child had flea bites all over his body and he was filthy. Further, he was not taken for his doctor appointments and missed his inoculations. C. Respondent, JUDY HOCKENBERRY cannot take care of minor child. She is to be evicted in two days from her apartment and has no relatives who are willing or able to take her in. She has no job and cannot support herself. Further, she has not been able to keep a job. D. Petitioner is the Paternal Grandmother of minor and loves him very much. She has been married for ten years and is able to provide a loving home for said child. She lives with her husband in a three bedroom house and her husband has a steady job as a mechanic which he has held for ten years. They are able and willing to care for said child both emotionally and physically. They can afford proper food, clothes, education, and structure, which Respondent, JUDY HOCKENBERRY is unable to provide. Respondent, RYAN L. WEIGLE, concurs with this request as he is currently incarcerated and unavailable to provide care for said Child. WHEREFORE, Petitioner, BARBARA A. PUGH asks that Your Honorable Court modify the existing Custody Order and grant primary physical custody &the minor child to Petitioner and grant appropriate periods of partial physical custody to Respondents, JUDY HOCKENBERRY and RYAN L. WEIGLE. Respectfully submitted: KREVSKY & ROSEN, P.C. SanforlJolk. Krevsky, Esquire 1101 North Front Street Harrisburg, PA 17102 ID# 10625 (717) 234 4583 BARBARA A. PUGH, Plaintiff Vo RYAN L. WEIGLE and JUDY HOCKENBERRY, Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1137 CIVIL TERM CIVIL ACTION LAW - CUSTODY VERIFICATION I, BARBARA A. PUGH, hereby verify that the information contained in the fbregolng Petition is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. RBARA A. PUGI~ ~ BARBARA A. PUGH, Plaintiff RYAN L. WEIGLE and JUD;K HOCKENBERRY.', Defendants IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1137 CIVIL TE. RM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this ?~ day of June, 20~)2, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The Paternal Grandmother, Barbara A. Pugh, shall have periods of partial custody of the minor child, Spencer Ryan Weigle, bom October 27, 2001 in accordance with the following schedule: , A. Effective May 24, 2002, each Friday from 6:00 p.m. S~turday at 6~00'p.m.; .. . until B. Unless otherwise agreed, from 4:00 p.m. until 8:00 p.m. on Christmas Day; and C. At such other times as the pa¢ies may agree· 2. Counsel for the Plaintiff in this matter ~hall file Proof of Service of the Order scheduling the May 20, 2002, Conciliation ConfereRce and shall serve and file Proof of Service of this Order upon the Defendants, Ryan L. Weigle and Judy Hockenberry. 3. In the event that either Defendant is aggrieved by the terms of the Order, upon proper Petition and payment of the filing fee, the Custody Conciliation Conferense may be r_econvened. BY THE COURT: Dist: Bryan S. Walk, Esquire, 108-112 Walnut Street, Harrisburg PA 17101 In CesfilTiOnE.'vch.~F~n¢ L Ryan L. Weigle, 306 E, Lou~er S~eet, Carlisle, PA 17013 Judy Hockenbe~, 319 Nodh East Sheet, Carlisle, PA 17013 6~d fh~'~¢~'Z -;~%' ~ ~3re.-u~to sst my hand ' '.~c~' s~a Lourt at CarJJsle, Pa ThJs.,:~. ,.'~ ~.. , ~ -.. ' BARBARA A. PUGH, : Plaintiff : .; Vo ., RYAN L. WEIGLE and ~ "' ' JUDY HOCKENBERRY ' · ., ,~,.-. ..... :~.,; ~ .,...."~. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ." '.. NO. 02-1137 CIVIL TERM . ~,_. CIVIL ACTION - LAW IN CUSTODY C___USTODY CON~ClLIATION__SU~MMARY 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 child who is the subject of this litigation is as follows: NAME ,Spencer Ryan Weigle DATE OF BIRTH O(~tober 27, ~001 CURRENTLY IN____THE CUSTODY OF Father 2. A Custody Conciliation Conference was held on May 20, 2002 the conference Were the Paternal Gran S. Walk, Esquire. Nei h,~, ,~.~ ,A_ d.m.other, B. arbara A. Pu · Present for attended th~ ,-,--,--- t .... ,-~ ~vJother, JUdy Hocl~-,~,~,,-... ,_ ..gh, _and her counsel, Bryan 3. Counsel for the Petitioner,' Barbara A. Pugh, demonstrated service of the. Order scheduling the Conference to Father via. restricted delivery, certified mail. After viewing the green card from the Postal Service, the Conciliator was satisfied that upon Father had been made pro erl Ju_d_,y Ho..c. kenberry, by a constabl~PonY~ Counsel also demons, trated service u service maee e~mer on the Defen _ ay !3, 2.002. Constable in ' '_ pon .Mother, the ~eside .- da.n_t or her authorized a e _ dlcated that service was . rice :~f ?_:e Paternal Grandfather of-the chi~ nt. The personal service occurred at 4. Th~ Petitioner reports that since the end of February she has had partial custody from Friday evening to Saturday evening each week. Additionally, she reports the child is residing with the Father, Ryan L. Weigle, and that from the time the child was a week old following his birth in October 2001 until January 2002, she had physical custody of the child from Thurs,d, ay through Sunday of each week However, bec disagreement, the child s Mother, Ms Hockenberry, elected t~) discontinue all ause of a s°metime'in January through the end of February. Once Father was released~r°ontma;~ ~,~me re-instituted regular contact between the child the Paternal Grandmother. iand NO. 02-1137 CIVIL TERM 5. The Paternal Grandmother requests, and the Conciliator agrees, to confirm what has been the practice for approximately two and a half (2 ~) months and to provide a few hours visit on Christmas Day. Counsel for the Petitioner shall file Proof of Service of the Order scheduling the Conciliation Conference for May 20, 2002, and, when the Order of Cou. rt is received, the counsel for the Petitioner shall serv~ the new Order on both Mr:- WeJgle and MS. HoCkenl~erry :158558 Date / · Melissa Peel Greevy, Esqdire Custody Conciliator BARBARA A. PUGH, Petitioner Vo RYAN L. WEIGLE and JUDY HOCKENBERRY, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1137 CIVIL TERM CIVIL ACTION LAW - CUSTODY CERTIFICATE OF SERVICE AND NOW, this _( g'l'&' day of October, 2002, I, Lisa A. Rice, for the Law Firm of Krevsky & Rosen, P.C., attorneys for Petitioner, BARBARA A. PUGH, hereby certify that I have this day served a copy o£Petition on the following as follows: BY PERSONAL SER VICE JUDY HOCKENBERRY 108 E. PENN STREET CARLISLE, PA 17103 BY FIRST CLASS US MAIL RYAN L. WEIGLE CUMBERLAND COUNTy PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 Lisa A. Rice 1 I01 North From Street Harrisburg, PA 17102 (717) 234-4583 BARBARA A. PUGH, Petitioner Vo RYAN L. WEIGLE and JUDY HOCKENBERRY, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1137 CIVIL TERM CIVIL ACTION LAW - CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: EMERGENCY PETITION FOR CUSTODY AND NOW comes Petitioner, BARBARA A. PUGH, by and through counsel, Sanford A. Krevsky, Esquire and offers the following averments in support of the within Emergency Petition for Custody: ° ° ° ° Petitioner, BARBARA A. PUGH, is the of the minor child, SPENCER RYAN WEIGLE ("Child") (DOB 10/27/01). Petitioner, BARBARA A. PUGH, currently resides at 5470 Union Deposit Road, Harrisburg, Dauphin County, Pennsylvania 17111 Respondent, JUDY HOCKENBERRY is the natural mother of aforesaid minor Child. Respondent, JUDY HOCKENBERRY currently resides at 108 E. Penn Street, Carlisle, Cumberland County, Pennsylvania 17013. Respondent, RYAN L. WEIGLE is the natural father of aforesaid minor Child. Respondent, RYAN L. WEIGLE currently incarcerated at the Cumberland County Prison. Respondents, JUDY HOCKENBERRY and RYAN L. WEIGLE have never been married. There is currently an existing Order of Court under said Docket Number which was entered on June 3, 2002 by The Honorable Kevin A. Hess giving Petitioner, BARBARA A. PUGH, partial physical custody of said Child. The Order directs that Petitioner shall have periods of visitation over every weekend (Exhibit A). 10. 11. 12. 13. 14. 15. As of the filing of this petition, Child is at the home of Petitioner who does not want to remm Child to Respondent, JUDY HOCKENBERRY for fear of Child's safety. Respondent, RYAN L. WEIGLE, concurs with this request as he is currently incarcerated and unavailable to provide care for said Child. For much of the past year, Child was living with Respondent, JUDY HOCKENBERRY (although Child lived with Father when he was not incarcerated.). Due to Respondent, JUDY HOCKENBERRY'S chaotic lifestyle, Petitioner has taken care of Child for most weekends and on numerous other occasions. Respondent, JUDY HOCKENBERRY, currently has warrants out for her arrest by the Cun~berland County Police Department, for disorderly conduct, underage drinking, not paying her taxes, and for not filling out paperwork with regard to a separate incident. Respondent, JUDY HOCKENBERRY, is a drug abuser and is addicted to crack cocaine and marijuana. This is confirmed by Father, and by admissions made by Respondent to Petitioner and to Respondent's aunt, Sheila Burd. Petitioner has also heard this from numerous sources. Respondent, JUDY HOCKENBERRY, told Petitioner that she kept marijuana with Child's diaper wipes. Respondent, JUDY HOCKENBERRY, also told Petitioner that she (Respondent, JUDY HOCKENBERRY) had been approached to buy drugs for a friend (because she knew where to buy them from.) Respondent, JUDY HOCKENBERRY, is also an alcohol abuser, despite not being of requisite age to drink. This is confim~ed by admissions from Respondent, JUDY HOCKENBERRY to Petitioner, by Father, and by Randy Weigle, Child's paternal grandfather. Respondent, JUDY HOCKENBERRY is suspected of possibly prostituting herself for drugs and money. This will be confirmed by Sheila Burd, Respondent, JUDY HOCKENBERRY'S aunt, who saw her exiting motel rooms with different men numerous times and by the fact that Respondent, JUDY HOCKENBERRY left Child with Petitioner so Respondent, JUDY HOCKENBERRY, could "take a trip" with a truck driver for a few days. Respondent, JUDY HOCKENBERRY is unemployed and has not been able to hold a job. She is unable to support herself or said Child. She was fired from her last job for stealing (although no charges were pressed.). Further, she has made no effort to get help such as food stamps. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Respondent, JUDY HOCKENBERRY, is three months late and over $900 in debt to her landlord and is due to be evicted Friday, October 18, 2002 (two days from the date of this petition.) Respondent, JUDY HOCKENBERRY, has had the gas turned off two months ago, has no telephone, and the electricity is due to be turned off October 21 2002. During the past year, Respondent, JUDY HOCKENBERRY has lived at numerous locations including her mother's trailer (who has since been evicted and is leaving the State), her father's house, who has also been evicted and has been living in a one room apartment with his thirteen year old son, and her aunt's house. It was only a few months ago (around June, 2002) that she got her own apartment. None o£her relatives are willing or able to take her and Child in. Child has been neglected by Respondent, JUDY HOCKENBERRY Said Child has been ..filthy, his clothes do not fit, (according to Respondent HOCKENBERRY cannot afford to buy him new clothes), he has had flea bites all over his body, and he has .not been taken to doctor for his regular appointments and inoculations. " Respondent, JUDY HOCKENBERRY, has been seen out at with Child late into the morning including 4:00 a.m. Child constantly wakes up at 2:00 a.m. and does not sleep the night. Respondent, JUDY HOCKENBERRY, has also been seen with groups of strange men in the apartment early in the morning. Respondent, JUDY HOCKENBERRY, fraternizes with people who abuse drugs and alcohol and who violate the law. Her former boyfriend is currently incarcerated for breaking into her apartment and shattering the window, causing glass to fly all over the apartment. It is believed that Respondent, JUDY HOCKENBERRY is psychologically unstable. She is known to be violent and unpredictable. Petitioner has also heard that Petitioner has been violent with Child, specifically, shaking him. Petitio.,ne,r, has li.v.e,d, in ..central Pennsylvania for more than ~en._~.gg__.gL.yg~. She currenuy rives w~m her husband, Richard Pugh, in a three bedroom home on Union Deposit Road. Petitioner had been steadily employed as a book-keeper at NRG Energy on N. 10 Street in Harrisburg for 8 years. She has recently decided change careers and is attending school full time to be a medical assistant. Petitioner's husband been employed by NRG Energy for 10 years as a mechanic. 26. 27. Although plaimiff is Child's paternal Grandmother, she is only forty years of age and is perfectly capable of raising a child with her husband. Further, Child enjoys being with and being held by Petitioner and has bonded with Petitioner. Petitioner is prepared and able to provide Child with a loving, stable environment where he has two loving custodians, proper clothes, sleeping accommodations, nutritious meals, regular schooling, proper hygiene and proper structure; all things Child currently lacks when he is with Respondent. WHEREFORE, Petitioner asks Your Honorable Court to grant Petitioner, BARBARA A. PUGH, legal and physical custody of the minor children on an emergency basis pending further action. Respectfully submitted: KREVSKY & ROSEN, P.C. Sanfor~. Krev~ky, Es'~ire Attorney for Petitioner 1101 North Front Street Harrisburg, PA 17102 ID# 15560 (717) 234-4583 BARBARA A. PUGH, Plaintiff RYAN L. WEIGLE and JUDY HOCKENBERRY, Defendants gq THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-1137 CIVIL TERM : · CIVIL ACTION LAW - CUSTODY VERIFICATION I, BARBARA A. PUGH, hereby verify that the information contained in the foregoing Petition is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. BARBARA A. PUGH, Plaintiff RYAN L. WEIGLE and JUD;r' HOCKENBERRY.' , Defendants . :.:~ MAY 3 1 ~002 .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1137 CIVIL TE. RM · CIVIL ACTION - LAW ' I.~_.C~U_ ~S]~O D Y ~ ORDER OF CO,JRT AND NOW, this ,'~ day of June, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The Paternal Grandmother, Barbara A. P. ugh, shall have pedods of partial custody of the minor child, Spencer Ryan Weigle, born October 27, 2001, in accordance with the following schedule: A. Effective May 24, 2002, each Friday from 6:00 p.m. until Saturday at 6:00'p.m.; B. Unless otherwise agreed, from 4:00 p.m. until 8:00 p.m. on Christmas Day; and C. At such other times as the par~ies may agree. 2. Counsel for the Plaintiff in this matter ~hall file Proof of Service of the Order scheduling the May 20, 2002, Conciliation Conferehce and shall serve and file Proof of Service of this Order upon the Defendants, Ryan L. Weigle and Judy Hockenberry. 3. tn the event that either Defendant is aggrieved by the terms of the Order, upon proper Petition and payment of the filing fee, the Custody Conciliation Conference may be reconvened. Dist: BY THE COURT: Bnyan S. Walk, Esquire, 108-112 Walnut Street, Harrisburg, PA 17101 Ryan L. Weigte, 306 E. Louther Street, Carlisle, PA 17013 Judy Hockenberry, 319 North East Street, Carlisle, PA 17013 EXHIBIT A TRUE '.C'OPY FROM RECORD I,~ Testirr~_r,~.:wti~F~of, I bere..u.~to s~.t my h.=nd ~,~:d.thd's~l.Of said Court a* r~-I~le Pa ':,~. ~.. . :'-~-; ........... . ...... ·., .......... ................ BARBARA A. PUGH, · Plaintiff .: RYAN L. WEIGLE and ~ JUDY HOCKENBERRY' . Defendants ·" MAY :1 1'2oo2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA '" "' No. O2-1137 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 child who is the subject of this litigation is as follbws: NAME ,3pencer Ryan Weigie DATE OF BIRTH O~,'tober 27, ~001 CURRENTLY IN THE CUSTODY OF Father 2. A Custody Conciliation Conference was held on May 20, 2002. Present for the conference were the Paternal Grandmother, ~bara A. Pugh, and her counsel, Bryan S. Walk, Esquire. Neither the Mother, Judy HoC ..P~.'.~be, rry, nor the Father, Ryan L. Weigle, attended the conference. ~' 0 3. Counsel for the Petitioner, Barbara A. Pugh, demonstrated service of the. Order scheduling the Conference to Father via restricted delivery, certified mail. After viewing the green card from the Postal SerVice,'the Conciliator was satisfied that service upon Father had been made properly. Counsel also demonstrated service upon Mother, Judy Hockenberry, by a constable on May 13, 2002. Constable indicated that service was made either on the Defendant or her authorized agent· The personal service occurred at the residence of the Paternal Grandfather of:tL~a~ child. ' ¢'i, 4. Thg Petitioner reports that since the end of February she has had partial custody from Fdday evening to Saturday evening each week. Additionally, shb reports the child is residing with the Father, Ryan L. Weigle, and that'from the time the child was a week old following his birth in October 2001 until January 2002', she had physical custody of the child from Thursday through Sunday of each week. However, because of a disagreement, the child's Mother, Ms. Hockenberry, elected to disCOntinue all COntact from .some time 'in January through the end of February. Once Father was released from jail, he re-instituted regular contact between the child and the Paternal Grandmother. NO. 02-1137 CIVIL TERM 5. The Patemal Grandmother requests, and the Conciliator agrees, to confirm what has been the practice for approximately two and a half (2 ¼) months and to provide a few hours visit on Christmas Day. Counsel for the Petitioner shall file Proof of Service of the Order scheduling the Conciliation Conference for May 20, 2002, and, when the Order of Court is received, the counsel for the Petitioner shall serv~ the new Order on both Mrs- Weigle and Ms'. Hbckenberry. Melissa Pee! Greevy, Esq.'ire Custody Conciliator :158558 BARBARA A. PUGH, Petitioner Vo RYAN L. WEIGLE and JUDY HOCKENBERRY, Respondents AND NOW, this _ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLvANiA No. 02-1137 CIVIL TERM CIVIL ACTION LAW - CUSTODY CERTIFICATE OF SERVICE ~gJJ'Xday of October, 2002, I, Lisa A. Rice, for the Law Firm of Krevsky & Rosen, P.C., attorneys for Petitioner, BARBARA A. PUGH, hereby certify that I have this day served a copy of Petition on the following as follows: BY PERSONAL SER VICE JUDY HOCKENBERRY 108 E. PENN STREET CARLISLE, PA 17103 BYFIRST CLASS US MAIL RYAN L. WEIGLE CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 Lisa A. Rice 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 BARBARA A. PUGH, Petitioner RYAN L. WEIGLE and JUDY HOCKENBERRY, Respondents ~qxl THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1137 CIVIL TERM CIVIL ACTION LAW - CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: pETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, this [ ~'Xday of October, 2002, comes Petitioner, BARBARA A. PUGft, by and through counsel, Sanford A. Krevsky, Esquire, and offers the following averments in support of her Petition for Modification of Custody Order. Petitioner, BARBARA A. PUGH, is the Paternal Grandmother of the minor child, SPENCER RYAN WEIGLE ("Child") (DOB 10/27/01 ). Petitioner, BARBARA A. PUGIt, currently resides at 5470 Union Deposit Road, Harrisburg, Dauphin County, Pennsylvania 17111 Respondent, JUDY HOCKENBERRY is the natural mother of aforesaid minor Child. Respondent, JUDY HOCKENBERRY currently resides at 108 E. Penn Street, Carlisle, Cumberland County, Pennsylvania 17013. Respondent, RYAN L. WEIGLE is the natural father of aforesaid minor Ct~,ild Respondent, RYAN L. WEIGLI;, currently incarcerated at the Cumberland County Prison. Respondents, JUDY HOCKENBERRY and RYAN L. WEIGLE have never been married. On June 3, 2002, an Order of Court was entered in this matter providing that the Petitioner, BARBARA A. PUGIt shall have periods of partial custody of the minor child, SPENCER R. WEIGLE (Exhibit A). Petitioner asserts that it would be in the best interest of the minor child to modify the existing Order due to the following: 10. Respondent, JUDY HOCKENBERRY is a drug and alcohol abuser. She has an addiction to both crack cocaine and marijuana. It is believed that she prostitutes her body to gain drugs and money. There are warrants out for her arrest for breaking the law with regard to disorderly conduct, underage drinking, and tax evasion. Respondent, JUDY HOCKENBERRY neglects the minor child. She does not keep him properly clothed or fed. She is constantly dropping him offwith different people to take care of him. The minor Child had flea bites all over his body and he was filthy. Further, he was not taken for his doctor appointments and missed his inoculations. C. Respondent, JUDY HOCKENBERRY cannot take care of minor child. She is to be evicted in two days from her apartment and has no relatives who are willing or able to take her in. She has no job and cannot support herselfi Further, she has not been able to keep a job. D. Petitioner is the Paternal Grandmother of minor and loves him very much. She has been married for ten years and is able to provide a loving home for said child. She lives with her husband in a three bedroom house and her husband has a steady job as a mechanic which he has held for ten years. They are able and willing to care for said child both emotionally and physically. They can afford proper food, clothes, education, and structure, which Respondent, JUDY HOCKENBERRY is unable to provide. .Respondent, RYAN L. WEIGLE, concurs with this request as he is currently Incarcerated and unavailable to provide care for said Child. WHEREFORE, Petitioner, BARBARA A. PUGH asks that Your Honorable Court modify the existing Custody Order and grant primary physical custody of the minor child to Petitioner and grant appropriate periods of partial physical custody to Respondents, JUDY HOCKENBERRY and RYAN L. WEIGLE. Respectfully submitted: KREVSKY & ROSEN, P.C. Sanfortt. P~. Krevsky, Esquire 1101 North Front Street Harrisburg, PA 17102 ID# 10625 (717) 234 4583 BARBARA A. PUGH, Plaintiff RYAN L. WEIGLE and JUDY HOCKENBERRY, Defendants !N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1137 CIVIL TERM CIVIL ACTION LAW - CUSTODY VERIFICATION I, BARBARA A. PUGH, hereby verify that the information contained in the lbrego!ng Petition is true and correct to the best of my knowledge, information and belief. I alsr, understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ~.~RBARA A. PUGI~ ' BARBARA A. PUGH, Plaintiff RYAN L. WEIGLE and JUD;r' HOCKENBERRY. , Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1137 CIVIL TERM CIVIL ACTION - LAW _. IN__G,U_SA;QDX 1 ORDER OF COURT AND NOW, this ,..~ day of June, 20~)2, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The Paternal Grandmother, Barbara A. Pugh, shall have periods of partial custody of the minor child, Spencer Ryan Weigle, bom October 27, 2001 in accordance with the following schedule: , A. Effective May 24, 2002, each Friday from 6:00 p.m. until Saturday at 6:00'p.m.; . B. Unless otherwise agreed, from 4:00 p.m. until 8:00 p.m. on Christmas Day; and C. At such other times as the paCdes may agree. 2. Counsel for the Plaintiff in this matter ~hall file Proof of Service of the Order scheduling the May 20, 2002, Conciliation Conference and shall serve and file Proof of Service of this Order upon the Defendants, Ryan L. Weigle and Judy Hockenberry. 3. In the event that either Defendant is aggrieved by the terms of the Order, upon proper Petition and payment of the filing fee, the Custody Conciliation Conferen~:e may be reconvened. Dist: BY THE COURT: Bryan S. Walk, Esquire, 108-112 Walnut Street, Harrisburg, PA 17101 Ryan L. Weigle, 306 E. Louther Street, Carlisle, PA 17013 Judy Hockenberry, 319 North East Street, Carlisle, PA 17013 EXHIBIT A BARBARA A. PUGH, Plaintiff RYAN L. WEIGLE and " JUDY HOCKENBERRY, , Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA " ' NO. 02-1137 CIVIL TERM ,. CIVIL ACTION - LAW .: '~ IN CUSTODY Spencer Ryan Weigle CUSTODY CONCILIATION SU____MMARY 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 child who is the subject of this litigation is as follews: N__~AME DATE OF BIRTH O(~tober 27, 2~001 CURRENTLY IN THE CUSTODY OF Father 2. A Custody Conciliation Conference was held on May 20, the conference Were the Paternal Grandmother, Barbara A. Pugh, and 2002. Present for her counsel, Bryan S. Walk, Esquire. Neither the Mother, Judy Hock?berry, nor the Father, Ryan L. Weigle, attended the conference. .. 3. Counsel or the Petitioner, Barbara A. Pugh, demonstrated service f Order scheduling the Conference to Father via restricted delivery, certified mail. of the viewing the green card from the Postal Service, the Conciliator was satisfied that service After ' upon Father had been made properly. Counsel also demonstrated service upon Mother, Judy Hockenberry, by a constable on May 13, 2002. Constable indicated that service was made either on the Defendant or her authorized agent. The personal service occurred at the residence ,of the Paternal Grandfather of-the, child. 4. Th~ Petitioner reports that since the end of February she has had partial custody from Friday evening to Saturday evening each Week Additionally, she reports the child is residing with the Father, Ryan L. Weigle, and that from the time. the child was a week old following his birth in October 2001 until January 2002, she had physical custody of the child from Thurs?y through Sunday of each Week. disagreement, the childs Mother, Ms. Hockenberry, elected to However, because of a some time in January through the end of Fe discontinue all contact from re ~nstltuted regular contact be~. .... ,,.A ~.,..~brua .ry.._ O_nce Father was releas from jail, he .... =,, L.~ ..u,o and the Paternal Grandmother.ed NO. 02-1137 CIVIL TERM 5. The Paternal Grandmother requests, and the Conciliator agrees, to confirm what has been the practice for approximately two and a half (2 ¼) months and to provide a few hours visit on Christmas Day. Counsel for the Petitioner shall file Proof of Service of the Order scheduling the Conciliation Conference for May 20, 2002, and, when the Order of Court is received, the counsel for the Petitioner shall serv~ the new Order on both Mr: Weigle and Ms. HOckenberry. ~ . ; l . Mehssa Pee, Greevy, Esqdire Custody Conciliator :158558 BARBARA A. PUGH, Petitioner RYAN L. WEIGLE and JUDY HOCKENBERRY, Respondents iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1137 CIVIL TERM CIVIL ACTION LAW - CUSTODY _CERTIFICATE OF SERVICE AND NOW, this I g,Uk, day of October, 2002, I, Lisa A. Rice, for the Law Firm of Krevsky & Rosen, P.C., attorneys for Petitioner, BARBARA A. PUGH, hereby certify that I have this day served a copy of Petition on the following as follows: BY PERSONAL SER VICE JUDY HOCKENBERRY 108 E. PENN STREET CARLISLE, PA 17103 BY FIRST CLASS US MAIL RYAN L. WEIGLE CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 Lisa A. Rice ! 101 North Front Street Harrisburg, PA 17102 (717) 234-4583 BARBARA A. PUGH, Petitioner RYAN L. WEIGLE and JUDY HOCKENBERRY, Respondents : iN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1137 CIVIL TERM CIVIL ACTION LAW - CUSTODY ACCEPTANCE OF SERVICE I, RYAN L. WEIGLE, accept service of the PETITION FOR EMERGENCY RELIEF OF CUSTODY and PETITION FOR MODIFICATION OF CUSTODY, which was fded the Court on October 17, 2002 and ORDER OF COURT scheduling a Custody Conlererce tbr November 18, 2002 at 10:30 a.m. before Melissa P. Greevy, Esquire relative to the above- reference matter. Date: Rv q L. wEI{;L[ BARBARA A. PUGH, Petitioner RYAN L. WEIGLE and JUDY HOCKENBERRY, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1137 CIVIL TERM CIVIL ACTION LAW - CUSTODY AFFIDAVIT I, RYAN L. WEIGLE, understand that there is Custody Conciliation Conference scheduled for November 18, 2002 at 10:30 a.m. before Melissa P. Greevy, Esquire relative to the custody of Spencer Ryan Weigle (Date of Birth, October 27, 2001). I waive my right to attend the Custody Conciliation Conference as I do not object to Barbara A. Pugh being granted custody of Spencer Ryan Weigle. Dated:~ RYAI~ L. WEIGLE Dated: WITNESS BARBARA A. PUGH, Petitioner RYAN L. WEIGLE and JUDY HOCKENBERRY, Respondents tN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1137 CIVIL TERM CIVIL ACTION LAW - CUSTODY AFFIDAVIT OF SERVICE I, Sanford A. Krevsky, attorney for the Plaintiff, BARBARA A. PUGH, hereby cei-tify that a copy of the Petition for Modification of Custody and Emergency Petition for Custody. relative to the above-referenced matter, was serwd by Certified Mail, Return Receipt Requested on November 6, 2002, on the following: JUDY HOCKENBERRY 108 E. MARKET STREET CARLISLE, PA 17013 DATE: Sanford A. ~ev~-T~'~squire Attorney for Plaintiff 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 Atty. I.D. NO. 15560 NOV' BARBARA a. PUGH, Plaintiff/Petitioner RYAN L. WEIGLE and JUDY HOCKENBERRY, Defendants/Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1137 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY HESS, J. --- ORDER OF COURT AND NOTM, this ?, ~ day of ~--_:..~.- , 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The Paternal Grandmother, Barbara A. Pugh, shall have primary physical and primary legal custody of the minor child, Spencer Ryan Weigle, born October 27, 2001. 2. The Father, Ryan L. Weigle, and the Mother, Judy Hockenberry, may have supervised visitation which shall be arranged by mutual agreement of the parties. 3. Counsel for the Plaintiff/Petitioner in this matter shall file the Acceptance of Service signed by Father on November 5, 2002 and shall file Proof of Service on the Defendant Judy Hockenberry of the Order scheduling the November 18, 2002 Custody Conciliation Conference. 4. In the event that either Defendant is aggrieved by the terms of this Order, upon proper Petition and payment of the filing fee, the Custody Conciliation Conference may be reconvened to consider the Petition. Dist: BY THE COURT: Kov~A'~ Hess, J. anford A Krevsky, Esquire, ~ . 1101 North Front Str~Cet, Harrisburg, PA 17102 ~V~Ryan L. Weigle, Cumberland County Prison, 1101~Claremont Road, Carlisle, PA 17013 ~/'Judy Hockenberry, 108 East Penn Street, Carlisle, PA 17013 O~ DE~ -3 PPl 12: fi 1 CUM ~t:: f'it.,,,::,l,i L,.i COUNTY P~NS%VANIA BARBARA A. PUGH, Plaintiff/Petitioner RYAN L. WEIGLE and JUDY HOCKENBERRY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1137 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Defendants/Respondents 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 child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRFNTLY IN THE CUSTODY OF Spencer Ryan Weigle October 27, 2001 Paternal Grandmother 2. A Custody Conciliation Conference was held on November 18, 2002 pursuant to the Plaintiff/Petitioner's October 17, 2002 concurrent filings of a Petition for Modification of Custody Order and Emergency Petition for Custody. The first Custody Conciliation Conference in this matter was held on June 3, 2002. Present for the conference were Petitioner/Plaintiff, Barbara A. Pugh (Paternal Grandmother), and her counsel, Sanford A. Krevsky, Esquire. The Father, Ryan L. Weigle, and the Mother, Judy Hockenberry, did not attend. 3. Counsel for the Petitioner/Plaintiff provided the Conciliator with a copy of a restricted delivery, certified mail, green card indicating that clelivery of the Petition and Order to Ms. Hockenberry and been effected on November 6, 2002. He also provided the Conciliator with an Acceptance of Service signed by Father on November 5, 2002. The Conciliator had no contact from either of the Defendants prior to the time of the Custody Conciliation Conference. Neither was the Conciliator contacted by any counsel representing either party. Counsel for the Petitioner provided an Affidavit signed by Father indicating that he waived his right to attend the Conciliation Conference ;and that he did not object to the Paternal Grandmother having custody of the child. Father is presently believed to be residing at the Cumberland County Prison. 4. The Plaintiff/Petitioner reports that she has had no contact, calls, visits or letters from the Defendant, Ms. Hockenberry since October 16, 2002. She reports that NO. 02-1137 CIVIL TERM minor child has been in her care, custody and control since she received a collect telephone call from the Defendant asking her to come and pick him up because she was anticipating that she would be arrested pursuant to a warrant which had been issued. This call occurred October 15, 2002. The Paternal Grandmother reports that she has had no change in her telephone number, residential address, e-mail address, or .cell telephone number since her last contact with the Defendant Mother. Since the Paternal Grandmother assumed custody of the child at the Mother's request, she has provided his rnedical care and arranged for his inoculations to be brought up to date. Counsel for the Plaintiff/Petitioner seeks an order for primary custody in the Paternal Grandmother with supervised visitation to be provided as mutually agreed among the parties to this matter. The Conciliator attaches a recommended Order for the Court to this Report. Meiissa Peel G~eevy, EsqUire Custody Conciliator :165286