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HomeMy WebLinkAbout06-4309 DEBORAH L. WEAVER, Plaintiff VS. TIMOTHY S. WEAVER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Ob- g369 cbAl CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is DEBORAH L. WEAVER, residing at 502 Rittenhouse Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Drive, Baltimore, Maryland 3. Plaintiff seeks child: NAME Cassidy M. Weaver Timothy S. Weaver residing 21220. ?rimary physical custody of PRESENT ADDRESS 502 Rittenhouse Sq. Mechanicsburg, PA 17050 The child was not born out of wedlock. at 4H Alder the following AGE 11 (dob 11/15/94) The child is presently in the custody of Plaintiff who resides at 502 Rittenhouse Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. During the past five years, the child has resided with the following person at the following addresses: PERSON ADDRESS DATE Plaintiff 1032 E. Orange St. 3/01 - Lancaster, PA 11/01 Plaintiff 222 S. Main St. 11/01 - Marysville, PA 17053 11/04 I Plaintiff 62A Montebello Rd. 11/04 Duncannon, PA 17020 3/06 Plaintiff 502 Rittenhouse Sq. 3/06 - Mechanicsburg, PA 17050 Present The mother of the child is Plaintiff who is currently residing at 502 Rittenhouse Square, Mechanicsburg, Pennsylvania 17050. She is divorced. The father of the child is Defendant who is currently residing at 4H Alder Drive, Baltimore, Maryland 21220. He is divorced. 4. The relationship of Plaintiff to the child i5 that of mother. Plaintiff currently resides with the subject minor child, Plaintiff's mother Claudette Holmes and Plaintiff's friend Kristie Bailey. 5. The relationship of Defendant to the child is that of father. Defendant currently resides alone. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child the subject hereof n in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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 said child. 7. The best interests and permanent welfare of the subject child will be served by granting Plaintiff primary physical custody of her since to do so would reduce to an order of Court the present custody arrangement, would prevent on-going disagreements between Plaintiff and Defendant as to what the custody arrangement for their daughter is, and would create a stabile environment in which their daughter can grow. 8. Each parent whose parental rights to the child has not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant her primary physical custody of the minor child the subject hereof, Cassidy M. Weaver. DATED: Respec ly ubmitted: a l/? HERSCHEL LOCK, ESQUIRE ATTORNEY FOR PLAINTIFF 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 I verify that the statements made in the foregoing are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 7-28-06 DEBORAH L. WEAVER DEBORAH L. WEAVER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. TIMOTHY S. WEAVER, CIVIL ACTION - LAW Defendants CUSTODY CERTIFICATE OF SERVICE 1 I, Herschel Lock, do hereby certify that on this .Av day of July 2006, I served a copy of complaint for Custody by depositing same in the United States Post Office, First Class Mail, at Harrisburg, Pennsylvania, as follows: Timothy S. Weaver 4H Alder Drive Baltimore, MD 21220 Q , /? HERSCHEL LOCK, ESQUIRE Attorney for Plaintiff 3107 North Front Street Harrisburg, PA 17110-1310 (717) 238-6661 h-) ?' Tl o o ? a -i? DEBORAH L. WEAVER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY S. WEAVER DEFENDANT 06-4309 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 01, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, September 06, 2006 at 8:30 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 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 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: ls/ Dawn S. Sunda Es q, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ww A&; 10- /V. 44V -r; 0-` SEP 1 3 2006 DEBORAH L. WEAVER IN THE COURT OF IYIMON P Plaintiff CUMBERLAND CO , vs. 06-4309 CIVIL ACTION LAW TIMOTHY S. WEAVER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of ?E A4-1? u , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Deborah L. Weaver, and the Father, Timothy S. Weaver, shall have shared legal custody of Cassidy M. Weaver, born November 15, 1994. The parties shall consult with each other in making all major non-emergency decisions concerning the Child including, but not limited to, all major medical, educational or religious decisions affecting the Child's well-being. The parties shall have equal access to the Child's medical and school records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:30 p.m. through Sunday at 1:00 p.m., beginning on Friday, September 8, 2006. The Father shall ensure that the Child attends all regularly scheduled activities, including but not limited to soccer games and practices, during his periods of custody. The Mother shall provide all schedules for the Child's activities to the Father in advance of scheduled events. The Father shall obtain information regarding scheduling of the Child's activities directly from the director/coach when possible. ' 4. The parties shall share having custody of the Child on holidays as arranged by agreement between the parties. 5. During the summer school break each year, each party shall be entitled to have custody of the Child for up to four uninterrupted weeks, which shall be scheduled nonconsecutively unless otherwise agreed. Each party shall schedule his or her weeks under this provision to include that party's regularly weekend period unless otherwise agreed. The Father shall notify the Mother by May 1St of each year of his vacation dates. r " 6. In the event either party intends to remove the Child from his or residence for an overnight period or longer, that parent shall notify the other parent in advance of the address and telephone number where the Child can be contacted. 7. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the North George Street exit on Route 83 at a specific location selected by the parties. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this agreement only by mutual consent in writing. In the absence of written mutual consent, the terms of this Order shall control. J. cc: ,46elly M. Knight, Esquire - Counsel for Father Alerschel Lock, Esquire - Counsel for Mother 4 DEBORAH L. WEAVER Plaintiff VS. TIMOTHY S. WEAVER Defendant Prior Judge: none IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-4309 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 follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cassidy M. Weaver November 15, 2006 Mother 2. A custody conciliation conference was held on September 5, 2006 with the following individuals in attendance: The Mother, Deborah L. Weaver, with her counsel, Herschel Lock, Esquire, and the Father, Timothy S. Weaver, with his counsel, Kelly M. Knight, Esquire. 3. The parties agreed to entry of an Order in the form as attached. It should be noted that the parties agreed at the conference to exchange custody at the Route 83 exit at the intersection of Route 30 in York, which the conciliator erroneously believed at the time was the Emigsville exit, but has since confirmed is the North George Street exit as reflected in the Order. Date Dawn S. Sunday, Esquire Custody Conciliator DEBORAH L. HOLMES f/k/a DEBORAH L. WEAVER Respondent/Plaintiff V. TIMOTHY S. WEAVER, Petitioner/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO: 06-4309 CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes the Petitioner/Defendant, Timothy S. Weaver, by and through his counsel, Cunningham & Chernicoff, P.C., who respectfully presents his Petition for Contempt and in support thereof avers as follows: 1. Petitioner/Defendant, Timothy S. Weaver ("Petitioner" or "Father"), is an adult individual with a current address of 7159 Olivia Road, Middle River, Maryland 21220. He is the Defendant in the above-captioned matter. 2. Respondent/Plaintiff, Deborah L. Holmes f/k/a Deborah L. Weaver ("Respondent" or "Mother"), is an adult individual with a current address of 1500 First Avenue, York, Pennsylvania 17403. 3. The Father and the Mother are the natural parents of the Minor Child, Cassidy M. Weaver, whose date of birth is November 15, 1994 (the "Minor Child"). 4. By virtue of this Court's Order dated September 18, 2006 (the "Order"), the parties have joint legal custody of the Minor Child. A true and correct copy of the Order is attached hereto as Exhibit "A" and is incorporated herein by reference. 5. As set forth in the Order, the Mother maintains primary physical custody of the Minor Child, while the Father is entitled to periods of partial physical custody on alternating weekends from Friday at 6:30 p.m. through Sunday at 1:00 p.m. These times were further extended to Friday at 7:30 p.m. until Sunday at 7:30 p.m. by mutual agreement of the parties. The parties also mutually agreed to conduct all custody transfers at Mother's residence. In addition to the weekend periods of partial physical custody, Father is also entitled to periods of custody for up to four (4) uninterrupted weeks, to be scheduled nonconsecutively during the Minor Child's summer school break each year. 6. According to Paragraph 3 of the Order, "The Father shall ensure that the Child attends all regularly scheduled activities, including but not limited to soccer games and practices, during his periods of custody. The Mother shall provide all schedules for the Child's activities to the Father in advance of scheduled events. The Father shall obtain information regarding scheduling of the Child's activities directly from the director/coach when possible." 7. The Mother has willfully and unilaterally violated the terms of the Order. 8. Mother's repeated violations of the Order include, but are not limited to, the following: a. Unilateral refusal of Father's ordered periods of partial physical custody in October, 2008; February, 2009 and March, 2009; b. Mother's repeated assertions that she will not "force" the Minor Child to exercise periods of custody with the Father pursuant to the Order; C. Removing the Minor Child from her primary residence at times of scheduled periods of partial physical custody to be exercised by the Father; d. Mother's unilateral refusal of vacation scheduling requests by Father. e. Mother has failed to provide information pertaining to the Minor Child's extra-curricular/sporting schedules; and f. Father believes, and therefore avers, that Mother has exposed her personal animosities toward Father directly to the Minor Child. 9. Several requests have been delivered between the parties themselves, and through legal counsel, for reinstitution of the periods of partial physical custody as determined by the Order. Such requests have either been ignored or refused. 10. The best interest and permanent welfare of the parties' Minor Child, Cassidy M. Weaver, will best be served by granting the relief requested because: a. The Minor Child views her Father has a source of stability, a source of love and a source of emotional support; b. Mother continues to willfully ignore and disobey the current Order of custody; C. Mother has not exhibited an ability to foster a positive relationship between the Father and his Minor Child; and d The Father is in a position to provide care, stability and encourage a relationship between the Minor Child and both of her parents. 11. The current Order was issued after a Custody Conciliation before Dawn Sunday, Esquire. 12. Due to Mother's obdurate and vexatious conduct, Father requests reimbursement from Mother for all his costs and attorney fees he has incurred as a result of filing this action to enforce his rights under the existing Order. f WHEREFORE, your Petitioner/Defendant, Timothy S. Weaver, hereby respectfully requests that his Petition for Contempt be granted, that an Order of Contempt be issued against the Respondent/Plaintiff, Deborah L. Holmes f/k/a Deborah L. Weaver, and that the periods of partial physical custody as set forth in this Court's Order dated September 18, 2006 be strictly enforced. Petitioner/Defendant further requests reimbursement for all his costs and attorney fees incurred in conjunction with the necessity of filing the above-captioned matter. Respectfully submitted, CUNNINSGH,IM/& CHERNACOFF, P.Q. Date: April 15, 2009 By: Attolney I.D. "765 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Counsel for Petitioner/Defendant EXHIBIT `A' r-A SEP 1 8 2006 DEBORAH L. WEAVER Plaintiff VS. TIMOTHY S. WEAVER Defendant IN THE COURT OF CUMBERLAND COU 06-4309 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 1h day of > L / i 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Deborah L. Weaver, and the Father, Timothy S. Weaver, shall have shared legal custody of Cassidy M. Weaver, born November 15, 1994. The parties shall consult with each other in making all major non-emergency decisions concerning the Child including, but not limited to, all major medical, educational or religious decisions affecting the Child's well-being. The parties shall have equal access to the Child's medical and school records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:30 p.m. through Sunday at 1:00 p.m., beginning on Friday, September 8, 2006. The Father shall ensure that the Child attends all regularly scheduled activities, including but not limited to soccer games and practices, during his periods of custody. The Mother shall provide all schedules for the Child's activities to the Father in advance of scheduled events. The Father shall obtain information regarding scheduling of the Child's activities directly from the director/coach when possible. 4. The parties shall share having custody of the Child on holidays as arranged by agreement between the parties. 5. During the summer school break each year, each party shall be entitled to have custody of the Child for up to four uninterrupted weeks, which shall be scheduled nonconsecutively unless otherwise agreed. Each party shall schedule his or her weeks under this provision to include that party's regularly weekend period unless otherwise agreed. The Father shall notify the Mother by May 1$` of each year of his vacation dates. 6. In the event either party intends to remove the Child from his or residence for an overnight period or longer, that parent shall notify the other parent in advance of the address and telephone number where the Child can be contacted. 7. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the North George Street exit on Route 83 at a specific location selected by the parties. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this agreement only by mutual consent in writing. In the absence of written mutual consent, the terms of this Order shall control. I cc: Kelly M. Knight, Esquire - Counsel for Father Herschel Lock, Esquire - Counsel for Mother .TRUE COPY FROM 10COR ` 14 T ' ny whereof, 1 h^re unto set M41 f4W aRd ' Of sai ., arlisl , Pe. DEBORAH L. WEAVER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. TIMOTHY S. WEAVER Defendant Prior Judge: none 06-4309 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 follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cassidy M. Weaver November 15, 2006 Mother 2. A custody conciliation conference was held on September 5, 2006 with the following individuals in attendance: The Mother, Deborah L. Weaver, with her counsel, Herschel Lock, Esquire, and the Father, Timothy S. W eaver, w ith h is c ounsel, K elly M. Knight, Esquire. 3. The parties agreed to entry of an Order in the form as attached. It should be noted that the parties agreed at the conference to exchange custody at the Route 83 exit at the intersection of Route 30 in York, which the conciliator erroneously believed at the time was the Emigsville exit, but has since confirmed is the North George Street exit as reflected in the Order. Date Dawn S. Sunday, Esquire Custody Conciliator I, Timothy S. Weaver, verify that the statements made in the foregoing PE'TMON FOR CONTEMPT arc true and correct. I understand that false statements herein are made subject to the Penalties of IS Pa. C. S. §4904, refuting to unworn falsification to authorities. Date: 0 k 1 , 2009 Timo y S. Weaver f CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant, with the law firm of Cunningham & Chemicoff, hereby certify that a true and correct copy of PETITION FOR CONTEMPT was served by first-class mail, postage prepaid, on the following: Herschel Lock, Esquire 3107 Ngrth Front :Street Harrisburg, PA 17110 CUNNINGHAM & CHERNICOFF, P.C. Date: April 15, 2009 ` B Julieanne Ametrano RLE F7 200+9 APR 16 A I I : 5 I'v 11. r?v 4,14 11), 4,10. OC> pa A7TY DEBORAH L. HOLMES F/K/A DEBORAH L WEAVER PLAINTIFF V. TIMOTHY S. WEAVER DEFENDANT . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 2006-4309 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 21, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, May 14, 2009 at 10:30 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 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 pennanent 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/ Dawn S. Sunda Es q. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 OF THE <<,M, ?^nTY 2809 APR 22 PH 2. 15 Ct1ML 7 11 DEBORAH L. HOLMES f/k/a DEBORAH L. WEAVER Plaintiff Vs. TIMOTHY S. WEAVER Defendant MAY a_ 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-4309 CIVIL ACTION LAW IN CUSTODY '1 ORDER OF COURT AND NOW, this day of /y, n , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall promptly initiate counseling to address issues which have arisen in the family which are affecting the Father-Daughter relationship. The purpose of the counseling shall be to determine the cause of the recent conflict and then to provide therapeutic family counseling to address and resolve the conflicts. The parties shall select the counselor by agreement and shall schedule the initial appointments at the earliest available dates to minimize disruption of the partial custody schedule. The parties shall follow the recommendations of the counselor as to the duration and timing of counseling and as to the participants in each session. 2. The parties agree that the partial custody schedule shall be temporarily suspended for a reasonable period of time to benefit from the assistance of the counseling. Until progress is made through the counseling process, the Father's periods of custody shall take place on his alternating weekend periods of custody on Saturday and Sunday from 10:00 a.m. until 7:00 p.m. each day with the Father coming to the York area where the Child resides, beginning on Saturday, May 30, 2009. Adjustments may be made to this partial custody schedule only by the mutual agreement of the parties or Court Order. 3. Within ninety (90) days of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary, to review the progress toward resolution of the Father's Petition. 4. 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 E COUR , Edward E. Guido cc: vKe ;<, Knight, Esquire - Counsel for Father amuel . Andes, Esquire - Counsel for Mother xz?? T ,? f J t t_' a l4d n-3 ,`l DEBORAH L. HOLMES f/k/a DEBORAH L. WEAVER Plaintiff VS. TIMOTHY S. WEAVER Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-4309 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 follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cassidy M. Weaver November 15, 1994 Mother 2. A custody conciliation conference was held on May 19, 2009, with the following individuals in attendance: the Father, Timothy S. Weaver, with his counsel, Kelly M. Knight, Esquire, and the Mother's counsel, Samuel L. Andes, Esquire. The Mother, Deborah L. Holmes, participated in the conference by telephone. 3. The parties agreed to entry of an Order in the form as attached. PLO, Date Dawn S. Sunday, Esquire Custody Conciliator