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HomeMy WebLinkAbout06-6655 ~ , .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYL VANIA ROBERT D. WEIGNER, j/ ~'''- -::/ if~j)\ k> /'--- Plaintiff, Civil Action At Law--Custody CaseNo. N_ -{.f.g,,'i eL~~L/~ VS. JAMIE L. WIEGNER, Defendant, COMPLAINT FOR CUSTODY 1. The plaintiff is Robert D. Wiegner, residing at 46 West Allen Street, Mechanicsburg, 17055 in the County of Cumberland, Commonwealth of Pennsylvania. 2. The defendant is Jamie L. Wi egner, whose current residence is unknown but who is employed at Fire Mountain located at 6476 Carlisle Pike, Mechanicsburg, PA. 17055. 3. Plaintiff seeks custody of the following children: Name Alexis B. Wiegner Haley R. Wiegner Dominick M. Mitteff Address same as father's same as father's same as father's Date of Birth dob 7/5/1999 dob 10/14/2006 dob 1O/31/l996-Step Son 4. The children were born within wedlock. 5. The children are presently in the custody of the father whose current residence is 46 West Allen Street, Mechanicsburg, 17055 in the County of Cumberland, Commonwealth of Pennsylvania. f 6. Since September of 2006 the children have resided with the father at an address 46 West Allen Street, Mechanicsburg, 17055 in the County of Cumberland, Commonwealth of Pennsylvania. 7. The biological mother of the children is Jamie L. Wi egner, whose current address is unknown. 8. The mother is separated from he father, plaintiff, but currently remains married to the same. 9. The father of the Alexis & Haley Wi egner, is Robert D. Wiegner, who currently resides at 46 West Allen Street, Mechanicsburg, 17055 in the County of Cumberland, Commonwealth of Pennsylvania. 10. The father is separated but currently remains married to the defendant mother but is separated from the same. 11. The relationship of the plaintiff to Alexis & Haley Wiegner is that of a biological Father. The relationship of the plaintiff to Dominick M. Mitteffis that of Step-Father. Plaintiff currently resides with the following persons: Name Alexis B. Wiegner Haley R. Wiegner Dominick M. Mitteff Relationshio Daughter Daughter Step-Son 12. The plaintiff has not participated as a party or witness, or in another capacity, in any other litigation concerning the custody of the child in this or another court. 13. The plaintiff has no other information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 14. 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 children. oJ 15. The best interest and permanent welfare of the child will be served by Granting the relief requested for the reasons as hereinafter recited: (a) The mother unilaterally left the marital residence leaving the children behind and in the custody of father. (b) Since the mother's departure in September of 2006, the children have resided with the father, wherein the children feel a sense of comfort, permanency, and familiarity. (c) The father since the mother's departure has been and continues to be the primary custodian and caregiver of the children provides for all of the children's needs. . (d) Plaintiff, believes and therefore avers that he can provide a predictable and stable lifestyle for which, the children become accustomed and which will continue to be in the best interest of the children during their formative years and throughout their lives. WHEREFORE, Plaintiff, Robert D. Weigner, respectfully requests for the aforementioned reasons, that the court grant and award him primary physical custody of the children. DATED: 11/15/2006 . VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. & 4904 relating to unsworn falsification to authorities Date: II /r sf 0(, ~ (:) ~ p ~ ~ ~ ~ g ~ -v (j ?-- ~ ----- ........... ~ ~ t - -.l -'''' -i- ':,' ~~I ~~~' ',~ 2.0 en :< f'.'; ROBERT D. WEIGNER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 06-6655 CIVIL ACTION LAW JAMIE L. WIEGNER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, December 11, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, FA 17055 on Thursday, December 21, 2006 , the conciliator, 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. 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 hearin2. FOR THE COURT. By: Isl Dawn S. Sunda 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 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 A TTORNEY 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 Bedford Street Carlisle, Pennsylvania 170 I 3 Telephone (717) 249-3166 ~ F ~ ~ ~l tJt7o)/C':/ ~~? ~ ~tL -7t7'/lcr ~ ~~ ~'w.~ '?c9.II.e/ Vi[\jVi\1)\S!\!i\i3d I II Nfl!"/" ',/'!" r::Ciitllnl"\ IU "J,. 1,_., ,~':'J,t, ~..; L I : I ~ld II J30900Z Atl'l"I.lt',\:,. ".'1 [r,:,; JI :i: 11 ~IO' ' U l,f \...>1 'p, h ... ,~,....'/1,,)~ -.1/1 .J MAR 262001 f11 ROBERT D. WEIGNER Plaintiff IN THE COURT OF COMM CUMBERLAND COUNTY, PE PLEAS OF SYLVANIA vs. 06-6655 CIVIL ACTION JAMIE L. WIEGNER Defendant IN CUSTODY ORDER AND NOW, this 20th day of March, 2007, the conciliator, having received n equest from either the parties or counsel to reschedule the custody conciliation conference initiall December 21,2006, and rescheduled initially to January 10, 2007, hereby relinquish urisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator 8!:~ : I !!d L2 ~Vr,HOal AUVIU:.;ijUU:!d jHl .:10 jJH~O-{j311::l