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HomeMy WebLinkAbout02-4271LORY E. WERNER, : Plaintiff : VS. SHAWNA M. WERNER and MITCHELL A. WERNER Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN CUSTODY COMPLAiNT FOR CUSTODY AND NOW, Plaintiff, Lory E. Wemer, by and through her attorney, G. Patrick O'Connor, Esquire, files a Complaint and petitions for Custody, of which the following is a statement: 1. Plaintiff is Lory E. Wemer, grandmother, who currently resides at 6 Cloud Court, Mechanicsburg, Cumberland County, PA 17050. 2. Defendant Mitchell A. Wemer, father, currently resides at 78 W. Louther Street, Apt. B, Carlisle, PA 17013. 3. Defendant Shawna M. Wemer, has a last known address of 50 Bonnybrook Court, Lot 23, Carlisle, PA 17013. 4. Plaintiff seeks primary physical custody of the following child/children: .Nme Present Address Age Jaylin L. Warner 6 Cloud Court 17 months Mechanicsburg, PA 17050 The child was not bom out of wedlock. The child has been in the primary physical custody of the grandmother and step-grandfather since August 10, 2002. following addresses: Name Defendants Defendants Since birth, the child has resided with the following persons at the Mother Mother's Sister, Christine Barrick Plaintiff Plaintiff's Husband, Kevin Plaintiff's Daughter, Trisha Plaintiff's Daughter, Samantha Address Dates l 18 N. East Street Birth to Carlisle, PA 4/2001 Safe Harbor 102 High Street, Apt. 206 Carlisle, PA 50 Bonnybrook Road Carlisle, PA 6 Cloud Court Mechanicsburg, PA 4/2001 to 3/2002 3/2002 to 8/2001 8/2002 to present The mother of the child is Shawna M. Wemer, whose last known address is 50 Bonnybrook Court, Lot 23, Carlisle, PA 17013. She is married, but separated. The father of the child is Mitchell A. Wemer, currently residing at 78 W. Louther Street, Apt. B, Carlisle, PA 17013. He is married, but separated. 8. The relationship of Plaintiff to the child is that of grandmother. The Plaintiff currently resides with the following persons: Name Kevin W. Wemer Trisha Wemer Samantha Wemer Jaylin L. Wemer Relationship Plaintiff's husband Plaintiff's daughter Plaintiff's daughter Plaintiff's granddaughter 9. The relationship of Defendants to the child is that of father and mother. The father currently resides with the following persons: Name (Unknown to Plaintiff) The mother currently resides with the following persons: 10. Relationship Roommate Name (Unknown to Plaintiff) Relationship The parties have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of his child 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 proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. parent. 12. 13. It is in the best interest of the child not to be in the custody of either It is in the best interest of the child to be in the custody of the grandmother. The grandmother has genuine care and concern for the child, her relationship with the child began with the consent of the child's parent or parents, and the grandmother assumes or deems it necessary to assume responsibility for the child who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order granting primary physical custody of the minor child, Jaylin L. Werner, to the grandmother. Dated: Respectfully submitted: G. P'fitrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone: 717-737-7760 Attorney I.D. #64720 ATTORNEY FOR PLAINTIFF ATTORNEY VERIFICATION I, G. Patrick O'Connor, Esquire, hereby certify that I am the attorney for the Plaintiff and that the information contained in the herein Complaint is based on information give to me by the Plaintiff and is true and accurate to the best of my knowledge, information and belief. Patrick O'Connor, Esquire CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein Custody Complaint to the party indicated below by depositing same in the United States mail, postage prepaid, and in accordance with the Pennsylvania Rules of Civil Procedure, at Camp Hill, Pennsylvania: Shawna M. Wemer 50 Bonnybrook Court Lot 23 Carlisle, PA 17013 Mitchell A. Wemer 78 W. Louther Street Apt. B Carlisle, PA 17013 DATE: ~. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Plaintiff LORY E. WERNER PLAINTIFF SHAWNA M. WERNER AND MITCHELL A. WERNER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-4271 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, Friday, September 13, 2002 , upon consideratiOn of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Count~ Courthouse, Carlisle on Thursday, October 03, 2002 at 9:30 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 apl3ear 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/ .~acqueline M. Verney, 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 LORY E. WERNER, Plaintiff SHAWNA M. WERNER and MITCHELL A. WERNER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : NO. 2002-4271 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 7~'% day of [~..r~. ,2002, upon consideration of the attached Custody Conciliation Re~ort, ~t~s ordered and directed follows: as 1. The Grandmother, Lory E. Wemer and Mother, Shawna M. Wemer and Father, Mitchell A. Wemer, shall have shared legal custody of Jaylin L. Werner, bom March 1, 2001. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. the child. The Grandmother, Lory E. Wemer shall have primary physical custody of 3. The Mother and Father shall have the following periods of partial physical custody to be exercised at the residence of Father: A. Beginning Wednesday, October 23, 2002 at 12:00 noon to Friday, October 25, 2002 at 5:00 p.m. and continuing thereafter on an alternating weekly basis at the same days and times. B. Holidays as agreed by the parties. 4. Transportation shall be as agreed by the parties. 5. Parents shall not partake in illegal drugs or drink to the point of intoxication while the child is in their care and custody. 6. 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. cc: G. Patrick O'Connor, Esquire, counsel for Grandmother Shawna M. and Mitchell A. Werner, pro se 78 W. Louther Street Apt B Carlisle, PA 17013 LORY E. WERNER, Plaintiff SHAWNA M. WERNER and MITCHELL A. WERNER Defendants PRIOR JUDGE: None : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-4271 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 follows: NAME Jaylin L. Wemer DATE OF BIRTH March 1, 2001 CURRENTLY IN CUSTODY OF Grandmother 2. A Conciliation Conference was held in this matter on October 21, 2002, with the following individuals in attendance: The Plaimiff, Grandmother, Lory E. Wemer, with her counsel, G. Patrick O'Connor, Esquire and the Parents, Shawna M. Wemer and Mitchell A. Wemer, pro se. 3. The parties agreed to entry of an Order in the form as attached. Date 0tacq~eline M. Vemey, Esquire Custody Conciliator