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Home My WebLink About94-06575 ~ j . -;J 3 ~ I J j I I , l() ) C" 1O I ~ I -:r I 0- ~ . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VINCENT A. WELTMER, SR., plaintiff I v. I I I I NO. 94-6575 CIVIL TERM WENDY S. TEDWELL, Defendant ORDER OF COURT AND NOW, this 2\s1 day of November, 1994, upon consideration of plaintiff's Petition for Emergency Relief, a hearing is SCHEDULED for Wednesday, December 14,1994, at 3130 p.m., in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. PENDING the hearing, Defendant shall not serve as driver of a motor vehicle in which the parties' child is a passenger. BY THE COURT, , Matthew J. Eshelman, Esq. 2108 Market Street Aztec Building Camp Hill, PA 17011 Attorney for plaintiff Irc t r W I l:j PII'311 I' II 'lfl'l. ) .1-, J ..., ~.~~ ~ \./) .~ '":-r cr"l - ~. ... / - {':;-- ...:. f7- VJ -- ;0;-: ....-( C'J ,-I ~ J)~I "'<., 3 ~ ej> '- df~ \",:.1 ,\rl. :1~ ~ . Cl: ... ci ~ t&l U :::l .. ~ .. 0 oJ r- 0 -< Vi c: 0 - :g :lO oJ .. U < - ':; "- 0 to: >. .... M .. ~ III ~ '" c :::E " ~ .. " :r - u Q '" S r- - 0 < c:>. - - e r- Cl: -< ~ ,... co f- u -< =- PATRICK F. I.AIIER. .JR "Horne) 111 La" lluH \l.'~d ~lfl'..:l '\/I(~ lIudllllll' ('amp Ildl. 1'\ 17;111 {71717t,1.Il'lOO 'I' , 1,,1'\,1 '\",; ~ '. " ~; \'''1' .,~..'\ ,l" I . VINCENT A. WELTMER, SR. , I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I vs. I No. CIVIL TERM I WENDY S. TEDWELL, I ACTION IN LAW Defendant I IN CUSTODY ORDER AND NOW this 1994, sole day of physical custody of the minor child, Vincent A. Weltmer, Jr., is temporarily awarded to the Petitioner pending further order of this Court. BY THE COURTI J. I 'I I i , II I' I: VINCENT A. WELTMER, SR., Ii Plaintiff I VS. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I No. CIVIL TERM I I ACTION IN LAW I IN CUSTODY WENDY S. TEDWELL, Defendl\nt AND NOW this ORDER day of 1994, sole physical custody of the minor child, Vincent A. Weltmer, Jr., is temporarily awarded to the Petitioner pending a conciliation conference before custody conciliator at , at o'clock _.m. on the day of 19 . BY THE COURTI I I I II I I II I, i\ II Ii Ii I I' II " iI I, ii 11 I !I 'j J. I I I 'I 1 I I i II VINCENT A. WELTMER, SR., Plaintiff , i ,I ,I II WENDY S. TEDWELL, I Defendant II I. " !I !I ! i The Court has' learned you may have a legal interest in II custody, partial custody, and visitation of the child named. 11 " " II il Ii Ii 'I If you have the child in your possession or control, you II must appear and bring them to the Courthouse with you. I If you wish to claim the right of custody, partial custody I or visitation, you may file a counterclaim. If you fail to appear as provided by this order or if you fail to bring the child, an order for custody, partial custody, 1 or visitation may be entered against you or the Court may issue II a warrant for your arrest. II' YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO !. NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE ! OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : : No. CIVIL TERM ACTION IN LAW IN CUSTODY ORDBR AND NOTICB A Petition has been filed in the Court of Common Pleas of cumberland County concerning custody, partial custody and visitation of the following child: Vincent A. Weltmer, Jr. The hearing will be held in Courtroom of the Court of Common Pleas, , on , at o'clock. If you wish to have custody, partial custody, or visitation of the child or wish to present evidence to the Court on those matters, you should appear at the place and time on the date above. Cumberland County Legal Services 7 North Hanover Street Carlisle, Pennsylvania 17013 (717) 243-9400 BY THE COURT: J. [I II ,I t I II II il II 'i II Ii II I I who claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because the child will be granted the continuity of remaining in his lifelong home and because Petitioner is better suited to properly provide for the child. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the , ii tI !I I II II Ii Ii 1,'1 the welfare of the children and justify the imposition of I I I child have been named as parties to this action. PBTITION FOR BMERGBNCY RELIBF 16. Paragraphs 1 through 15 are incorporated by reference. 17. Petitioner believes and therefore avers that the following actions of Respondent constitute an imminent danger to emergency, ex parte relief: a. Respondent has twice been arrested for driving under the influence of alcohol. Respondent was convicted of the first offense. Charges are pending for the second arrest. b. Respondent has on numerous occasions placed the safety of vincent Jr. in danger by operating a motor vehicle under the influence of alcohol while vincent Jr. was a passenger. c. In September of 1994, Respondent was involved in a motor vehicle accident when she fell asleep at the wheel and drove off the road. d. In october of 1994, Respondent attempted vehicular ii I suicide in conjunction with large doses of alcohol and anti- depressant medication. Respondent was hospitalized in Holy Spirit Hospital's Drug and Alcohol Detoxification unit for two days. From there, Respondent was transferred to the Community 'Mental Health Center for an additional five days. e. On November 12, 1994, Respondent again publicly threatened suicide. 18. Respondent's actions in drinking to excess, driving while under the influence, and in attempting and threatening to commit suicide constitute an imminent danger to the welfare of the child and justify the temporary imposition of emergency, ex parte relief. 19. The best interests and permanent welfare of the child will be served by a temporary award of sole physical custody of the child with the Petitioner. WBBREFORE, Petitioner vincent A. Weltmer, Sr. respectfully requests that sole physical custody of the minor child, vincent A. Weltmer, Jr., be temporarily awarded to Petitioner ex parte. , Date: \ll? q ubmitted, '! I I i! J. Eshelman, Esquire The Law Offices of Patrick F. Lauer, J . 2108 Market Street, Camp Hill, PA 17011 Admitted for practice November 17, 1994 Supreme Court ID Number not yet assigned Tel. (717) 763-1800 Fax (717) 763-4247 WENDY S. TIDWELL, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94-6575 CIVIL TERM VINCENT A. WELTMER, SR., Respondent CHILD CUSTODY ORDER OF COURT AND NOW, this I'l\h day of 1-J<'0~J , 1996, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before 1'1'1'1 l \.u., I L. l',,,....~ I '-', the conciliator, at So~ <:., I'll" S\ 4-",,,,,,1\,'\ on the '~I~ day of ~ "p\..,.",I",... , 199C, at ~ 1'."" .M., 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: ..--;;#/1' l / # /v/~Ie~t/ /f-.. b c<>~~~'.!><l. custody Conciliator t~~ YOU SHOULD TAKE THIS PAPBR TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 AIED-O ,~ OF TI '7' -..,. FRCE ... . r 1.\1 !'("\OTNlY 9G Mrr, ~O I'" 3' .1 .' n7 CU"" .~' '" r I: .. PfN~tSYLVI~L.~;'!iY S''*' .96 tJ. '0/1 ~,J/ /. ~ tJdtu.., ((~.~ ~plte jJI.1 jj,t . -j. &~. ~.dO Yc.. Ltlfl 'T~ -4.. /11. 6/~.p . WENDY S. TIDWELL, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94-6575 CIVIL TERM VINCENT A. WELTMER, SR., Respondent CHILD CUSTODY AND NOW, this COMPLAINT ~OR CUSTODY '2 " '~ay of III {. v J r , 1996, WENDY S. TIDWELL, by and through her attorney, MURREL R. WALTERS, III, ESQUIRE, files this Complaint for Custody and avers as follows: 1. Petitioner, the defendant in this matter, is Wendy S. Tidwell, an adult individual who currently resides at 88 Buttonwood Drive, Dillsburg, York county, Pennsylvania. 2. Respondent, plaintiff in this matter, is vincent A. Weltmer, sr., an adult individual who currently resides at 104 Beachcliff Drive, carlisle, Cumberland county, Pennsylvania. 3. Petitioner and respondent are the parents of VINCENT A. WELTMER, JR., who was born on June 22, 1992. 4. Petitioner and respondent were never married, so the child was born out of wedlock. 5. custody of the child is presently alternated between his mother, petitioner Wendy S. Tidwell, with whom he resides at 88 Buttonwood Drive, Dillsburg, York county, Pennsylvania, and his father, respondent Vincent A. Weltmer, Sr., who resides at 104 Beachcliff Drive, Carlisle, Cumberland county, Pennsylvania. 6. Since the time of his birth, the child has resided with the following persons and at the following addresses: Petitioner and respondent at 104 Beachcliff Drive from birth until April 1994; Petitioner at 44B Scotch pine Road, Dil1sburg, and BB Buttonwood Drive, Dillsburg from April 1994 until present as well as respondent at 104 Beachcliff Drive, carlisle. 7. In November 1994, respond~nt filed a custody action with this Court which was assigned to the Honorable J. Wesley Oler, Jr. After extensive negotiations, an agreement was reached without the necessity of a hearing. B. The child has resided primarily with petitioner since that date and has had regular periods of temporary custody with respondent. 9. Petitioner does not know of a person that is 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. 10. The best interest and permanent welfare of the child will be served by confirming joint legal custody with petitioner and respondent, confirming primary physical custody with petitioner, and providing respondent with regular periods of partial physical custody. ~ i C') r.: a ~ ~ C!1 ."5~ , -)~. ~ :It: ~! p... ~ co . . I ':1 ~ L-'1 ~G~ ~ .0 ;;1 ~ \l') 3 C1' .~ ~1 - t'" - - Q - 't 68 ~ ): U) ~ l,) - ~~u ~ = ~ i g ~ i .. tilL:! l,) < 8 iij ~ ~ - .. .. : 'I .' I, \, ( , "'If}.) -' , .. .. WENDY S. TIDWEll, Plaintiff ) I ) ) ) I ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94-6575 CIVil TERM VINCENT A. WElTMER, SR., Defendant CHilD CUSTODY ORDER AND NOW, this ~ day of 0 j: ~H' , 1996, upon receipt of the Conciliator's Report, It Is hereby ordsred snd directed that: 1. All prior Orders entered In this csse are vacated. 2. The parties shall share legal custody of their minor child, Vincent A. Weltmer, Jr., d.o.b. 22 June 1992. 3. Mother will have primary physical custody of the child subject to periods of partlsl custody with Father as follows: A. On altsrnatlng weekends from Friday at 5:30 p.m. until Sunday at 5:30 p.m. 4. The parties shall alternate the major holidays, those holidays being defined as Thanksgiving, Easter, Memorial Day, Fourth of July, and labor Day. This siternatlng holiday schedule shall begin with Mother having Thanksgiving In 1996, and shall alternate thereafter. These periods of partial custody shall be from 9:00 a.m. until 7:00 p.m. 5. Father shall be entitled to e period of visitation with the child to occur on Christmas Day at such times to be agreed upon between the parties, 6. Such other times as may be agreed upon by the parties. BY THE COURT, J Murrel R. Waltsrs, III, Esquire Paul Bradford Orr, Esquire mlb WENDY S. TIDWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94-6575 CIVIL TERM VINCENT A. WELTMER, SR., Defendant CHILD CUSTODY JUDGE PREVIOUSLY ASSIGNED: The Honorable J. Wesley OIer, Jr. CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3.8(b), the undersigned Custody Conciliator submits the foilowing rsport: 1. The pertinent Information concerning the child(renl who is(are) the subject of this litigation Is as follows: NAME BIRTH DATE CURRENTLY IN CUSTODY OF Vincent A. Weltmer, Jr. 22 June 1992 Plaintiff and Defendsnt 2. A Conciliation Conference was held on 10 October 1996, and the following individuals were present: the Plaintiff and her attorney, Murrel R. Walters, III, Esquire. The Defendant did not appear not was he represented by counsel. 3. Items resolved by sgreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 1