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HomeMy WebLinkAbout02-4393RANDY WEIBLEY, Plaintiff BRANDY WEIBLEY, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 RANDY WEIBLEY, Plaintiff BRANDY WEIBLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF TItE DIVORCE CODE 1. Plaintiff is Randy Weibley, who currently resides at 406 Spring Garden Street, Cumberland County, Carlisle, Pennsylvania, since 1995. 2. Defendant is Brandy Weibly, whose current mailing address is at 406 Spring Garden Street, Cumberland County, Pennsylvania. 3. Plaintiffand Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on August 10, 1996, in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. 11. 12. .I.I. CUSTODY Previous paragraphs are incorporated by reference. The plaintiff is Randy Weibley, residing at 406 Spring Garden Street, Cumberland County, Carlisle, Pennsylvania. The defendant is Brandy Weibley, whose current mailing address is 406 Spring Garden Street, Cumberland County, Carlisle, Pennsylvania. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Carol Ann Weibley 406 Spring Garden Street 2/10/07 5 Carlisle, PA Haley Elizabeth Weibley 406 Spring Garden Street Carlisle, PA 3/27/99 3 The children were not born out of wedlock The children are presently in the custody of Randy Weibley who resides at 406 Spring Garden Street, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Randy and Brandy Weibley 406 Spring Garden Street Carlisle, PA Birth - Present The mother of the children is Brandy Weibly, whose mailing address is still 406 Spring Garden Street, Carlisle, PA 17013. She is married. The father of the children is Randy Weibley, currently residing at 406 Spring Garden Street, Carlisle, PA 17013. He is married. 13. The relationship of plaintiff to the children is that of father. 14. 15. 16. 17. The plaintiff currently resides with the following persons. Nalne Carol Ann Weibley Haley Elizabeth Weibley Relationship Daughter Daughter The relationship of defendant to the children is that of mother. The defendant currently resides with the following persons. Nalne Unknown at this time. Relationship Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know ora person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children. Plaintiff is best able to provide the care and nurture which the children need for healthy development. 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 below, who are known to have or claim a right 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, Plaintiff requests this Court grant Plaintiff primary physical custody in the Father with visitation in the Mother as agreed upon by the parties. Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unswom falsification to authorities. Ran/~ Weible~l~lalntifr RANDY WEIBLEY PLAINTIFF BRANDY WEIBLEY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-4393 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT, AND NOW, Monday, September 16, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before J_acqueline M. Verney, Esq. , the conciliator, at4th Floor, Cnmherland County Courthouse, Carlisle on Friday, October 11, 2002 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 oresent at the conference. Failure to aooear 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: Is~ ]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 KATHRYN MARTEL and DOREEN ROSENBERRY, Plaintiffs TROY MATTHEW ROSS and CAMI RIDER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4394 IN CUSTODY STIPULATION REGARDING CUSTODY-VISITATION Plaintiffs, Kathryn Martel, hereinafter referenced as Paternal Grandmother and Doreen Rosenberry hereinafter referenced as Guardian, and Defendant, Troy Matthew Ross, hereinafter referred to as Father, hereby agree to the entry of the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the Defendant's minor children: Tyler Lee Strouse born 11/21/96, Amethyst Shyann Ross, born 2/16/99, Hunter David Lee Ross, bom 4/17/00 and Makayla Ann Ross, born 11/26/97, hereinafter referenced as Children: (1) There are custody matters pending in the above captioned action. (2) Pending conciliation or further Order of Court, Father, Troy Matthew Ross, agrees to maintain the status quo whereby the children an issue in this case, will remain in the homes where they are now living pending further Order of Court. Sep ~$ 02 ll:lGa p.~ (3). If Father attempts to change the stalus quo pending conciliation or fitrtherOrder af Courl, Father consents m an entry' of an exparle Order granting immediate physical custody to Plaintiffs. pending l~urther Order of Court. Karl E. Rominger, Esquire Attorney for Defendant Troy Matthew Ross Karl E. Rominger, Esquire For Kathryn Martel/Doreen Rosenberry, Plaintift~ RANDY WEIBLEY, Plaintiff VS. BRANDY WEIBLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4393 CIVIL IN RE: MOTION FOR EMERGENCY RELIEF ORDER AND NOW, this / / ~° day of October, 2002, a role is issued on the defendant to show cause why the relief requested in the within motion for emergency relief ought not to be granted. Rule returnable five (5) days after service. BY THE COURT, / Hess, J. RANDY WEIBLEY, Plaintiff BRANDY WEIBLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4393 CIVIL TERM IN DIVORCE/CUSTODY PETITION FOR EMERGENCY REI,IEF AND NOW, comes Petitioner, Randy Weibley, by and through his privately retained counsel, Karl E. Rominger, Esquire and in support of his Petition for Emergency Relief avers as follows: 1. A Custody Complaint has been filed in this matter and is attached and incorporated by reference as Exhibit "A". 2. Your Petitioner is seeking this relief because he has been made aware of the fact that Respondent's mental stability is questionable. 3. Respondent has made suicide threats to Petitioner in the last few days. 4. Your Petitioner is concerned about the safety and well being of children. 5. Conciliation in this matter is scheduled for October 28, 2002, at 9:30 a.m. 6. Pending conciliation in this matter, Plaintiff request this Honorable Court enter a Temporary Custody Order granting legal and primary physical custody to Father, with supervised visitation in Mother. WHEREFORE, Plaintiffs request this Honorable Court enter a Temporary Custody Order as specified above pending conciliation in this matter. Respectfully submitted, ROMINGER & BAYLEY Date: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition 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: ~andy ~ei~e~, Petitioner RANDY WEIBLEY, Plaintiff BRANDY WEIBLEY, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4393 CIVIL TERM IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the Petition for Emergency Relief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Brandy Weibley 406 Spring Garden Street Carlisle, PA 17013 /Karl E. Rominger, Esquire Attorney for Petitioner RANDY WEIBLEY, Plaintiff BRANDY WEIBLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO~.~,~/~ CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW, ,20 , upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before ., the conciliator, at on the day of ,200 , at o'clock, .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. 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. FOR THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 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 Court House, Fourth Floor Carlisle, PA 17013 (717) 240-6200 RANDY WEIBLEY, Plaintiff BRANDY WEIBLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE --'" ~. '- NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other fights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 RANDY WEIBLEY, Plaintiff BRANDY WEIBLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Randy Weibley, who currently resides at 406 Spring Garden Street, Cumberland County, Carlisle, Pennsylvania, since 1995. 2. Defendant is Brandy Weibly, whose current mailing address is at 406 Spring Garden Street, Cumberland County, Pennsylvania. 3. Plaintiffand Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on August 10, 1996, in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the fight to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiffrespecffully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. II. CUSTODY 9. Previous paragraphs are incorporated by reference. 10. The plaintiff is Randy Weibley, residing at 406 Spring Garden Street, Cumberland County, Carlisle, Pennsylvania. 11. The defendant is Brandy Weibley, whose current mailing address is 406 Spring Garden Street, Cumberland County, Carlisle, Pennsylvania. 12. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Carol Ann Weibley 406 Spring Garden Street 2/10/07 5 Carlisle, PA Haley Elizabeth Weibley 406 Spring Garden Street 3/27/99 3 Carlisle, PA The children were not born out of wedlock The children are presently in the custody of Randy Weibley who resides at 406 Spring Garden Street, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Randy and Brandy Weibley 406 Spring Garden Street Birth - Present Carlisle, PA The mother of the children is Brandy Weibly, whose mailing address is still 406 Spring Garden Street, Carlisle, PA 17013. She is married. The father of the children is Randy Weibley, currently residing at 406 Spring Garden Street, Carlisle, PA 17013. He is married. 13. The relationship of plaintiff to the children is that of father. 14. 15. 16. 17. The plaintiff currently resides with the following persons. Carol Ann Weibley Haley Elizabeth Weibley Relationship Daughter Daughter The relationship of defendant to the children is that of mother. The defendant currently resides with the following persons. Name Relationship Unknown at this time. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the children 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 and claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children. Plaintiff is best able to provide the care and nurture which the children need for healthy development. 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 below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Addreffg Basis of Claim WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody in the Father with visitation in the Mother as agreed upon by the parties. Respectfully submitted, Date: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unswom falsification to authorities. Weible~P'~hintiff OCT ~ 9 2007_ ~ RANDY WEIBLEY, Plaintiff V. BRANDY WEIBLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 2002-4393 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this Z '~'~ day of ac.~ ~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Randy Weibley, and the Mother, Brandy Weibley, shall have shared legal custody of Carol Ann Weibley, bom February 10, 1997 and Haley Elizabeth Weibley, bom March 27, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Father shall have primary physical custody of the Children. 3. Mother shall periods of partial of physical custody as the parties agree. 4. Once Mother obtains adequate furniture for the Children, physical custody of the Children shall be shared on a week on/week off basis with the exchange day and time being Sunday at 5:00 p.m. 5. Holidays shall be shared as agreed by the parties. 6. Transportation shall be shared as agreed by the parties. 7. 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 THE COURT, K ss, cc: Karl E. Rominger, Esquire, Counsel for Father Brandy Weibley, pro se 211 Plaza Drive ~ Boiling Springs, PA 17007 Jo RANDY WEIBLEY, Plaintiff V. BRANDY WEIBLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-4393 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. 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 Children who are the subject of this litigation is as follows: NAME Carol Ann Weibley Haley Elizabeth Weibley DATE OF BIRTH February 10, 1997 March 27, 1999 CURRENTLY 1N CUSTODY OF Father Father 2. A Conciliation Conference was held in this matter on October 28, 2002, with the following individuals in attendance: Father, Randy Weibley, with his counsel, Karl E. Rominger, Esquire and Mother, Brandy Weibley, pro se. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated October 11, 2002 issuing a role to show cause why the emergency relief requested by Father should not be granted. Father did not move to make the role absolute. 3. The parties agreed to an Order in the form as attached. Date ~emey, Esquire Custody Conciliator JEFFREY D. KISTLER, Plaintiff VS. MICHELLE M. KISTLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02 - 4392 Civil Term ACTION IN DIVORCE 12, 2002. AFFIDAVIT OF CONSENT. A complaint in divorce under section 3301(c) of the Divorce Code was filed on September 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and .correct. I also understand [hat false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Mi~elle M. Kistler, Def~nd,~nt WAIVER OF NOTICE OF INTENTIO;' .TO REQUEST ENTRY OF A DIVORCE DECRFF *..UNDER 63301(c) OF THE DIVORCE CODI' 1. I consent to entry of a final decree of divorce without notice.. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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. ich~lle M. Kistler, Defendant/ ' RANDY WEIBLEY, Plaintiff Vo BRANDY WEIBLEY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-4393 CIVIL TERM : IN DIVORCE MARITAL SETTLEMENT AGREEMENT ~o_~ AGREEMENT, made this /21/'~ day of ,41).F?'[ between Brandy Weibley (hereinafter called "Wife") and Randy Weibley (hereinafter called "Husband"). WITNESSETH: Diverse u~appy differences, disputes and difficulties have misen between the p~ies and it is the intention of Wife ~d Husb~d to live separate and ap~ for the rest of their nat~al lives, and the pa~ies hereto desire to seffie ~lly ~d finally their respective financial and propeay rights and obligmions as between each other, including without limitation: (1) the settling of all matters between them relating to the o~ership of real ~d personal propeay; (2) the sealing of all matters between them relating to the past, present and ~ture suppon and/or maintenance of Wife by Husband and of Husb~d by Wife; and (3) in general, the sealing of~y ~d all claims and possible claims by one against the other or against their respective estates. NOW THE~FO~, in consideration of the premises and of the mutual promises, covenants ~d undea&ings hereina~er set foah and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the paaies hereto, Wife ~d Husband, each intending to be legally bound hereby, covenant ~d agree as follows: 1. AGREEMENT NOT PREDICATED UPON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for the institution, prosecution, defense or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other party, or from making any just or proper defense thereto. The parties further agree that they will each sign the Affidavit of Consent and Waiver of Notice after the required ninety (90) day time period has elapsed when such a divorce procedure is instituted. 2. ADVICE OF COUNSEL Wife and Husband declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of her and his selection; that Husband has been independently represented by Karl E. Rominger, Esquire and that Wife, aware of her right to legal representation and to have this Agreement reviewed by an attorney of her choosing, declares that it is her express, voluntary and knowing intention not to obtain counsel and she chooses instead to represent herself with respect to the preparation and execution of this Agreement. 3. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part Of either Wife or Husband of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 4. PERSONAL PROPERTY Wife and Husband do hereby acknowledge they have heretofore divided the marital property, including, but without limitation, jewelry, clothes, furniture and other personalty, and hereafter, Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. The parties will keep the vehicles that are now in their possession. Husband shall be responsible for the payment of Wife's car payment on the loan on Wife's vehicle and will pay the balance via the regularly scheduled payments or Husband has the right to satisfy the total amount due and payable at any time. At the time of payment of the total balance on said loan, Husband's responsibilities to Wife in regards to said auto will terminate. 5. REAL PROPERTY Wife hereby agrees to convey, transfer and grant to Husband her right, title and interest in the real estate situated and located at 406 South Spring Garden Street, Carlisle, Pennsylvania. From the date of this Agreement, Husband agrees to assume as his sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and Husband agrees and covenants to hold Wife harmless from any such liability or obligation. 6. SUPPORT The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves and the children who may live with them, sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 7. TAX RETURNS Husband and Wife agree to file separate tax returns for the calendar year 2002; and if the parties are entitled to any refund thereunder; each shall be entitled to the proceeds only of their own return. Should there be a tax liability, it shall be the sole obligation of each party to pay for any tax liability for 2002, that they individually owe. Husband further agrees that he will be responsible and hold Wife harmless for any contingent liabilities on joint income tax returns previously filed by the parties and will agree to pay any claim or expenses arising out of such returns or liabilities, unless additional liabilities are found to be attributable to misrepresentations or failures to disclose the nature and extent of Wife's income as it may appear on said previous tax returns. 8. LIABILITIES During the course of the marriage, Wife and Husband have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that Wife and Husband will pay the debts they now have in each of their names. 9. NO BAR TO FURTHER PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree which may be granted but shall continue in full force and effect notwithstanding the granting of any such decree. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 10. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this 6 Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 11. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least thirty (30) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. 12. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 13. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term, condition, clause or provision of this Agreement. 14. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. It is the intent of the parties that should any portion of this agreement be found invalid or unenforceable by a court of competent jurisdiction, that the remainder of the agreement should remain in tact and in full force and binding effect. 15. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law, or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 16. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings, construction or effect. 17. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed; however, the transfer of the property provided for herein shall only take place upon the entry of a final decree in divorce, unless otherwise indicated. The support provisions of this Agreement shall take effect as indicated. 18. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as parties hereto, acknowledge the receipt of a duly executed copy hereof. Witness Witness B~a~(O~ Weil}ley, W~e ~'~ ~band Randy 9 COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) day of , .t~79£/',/~ c~ ~ d_.-~ , Randy Weibley, before me, On this, the the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Randy Weibley and in due form of law acknowledged the above Agreement to be his act and deed and desired the same to be recorded as such. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND l~ublic ) :SS. this, the -~"~/"v-~ day of ~4/q_/Dm,~_. ~ d-t) ~3 , Brandy Weibley, before me, On / the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Brandy Weibley and in due form of law acknowledged the above Agreement to be her act and deed and desired the same to be recorded as such. Notary Public 10 Jumper, Notary Public ~ ~ ~-.xpires J~ ~. 2oo6 , RANDY WEIBLEY, Plaintiff Vo BRANDY WEIBLEY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-4393 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified mail, on or about October 8, 2002. 3 Date of execution of the affidavit of consent required by § 3301(c) or The Divorce Code: by the Plaintiff, April 30, 2003; by the Defendant, May 6, 2003. 3. Related claims pending: None. 4. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May 8, 2003. Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: May 8, 2003. Date: May 8, 2003 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 81924 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .~~ PENNA. Randy Weibley plaintiff VERSUS Brandy Weibley Defendant NO. 02-4393 civil Term Decree IN DIVORCE AND NOW, /~ DECREED THAT AND Randy Weib!ey Brandy Weibley /3 ~ , ,,~0~,~, IT IS ORDERED AND , PLAINTIFF, ,DEFENDANT, ARE DIVORCED from the BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; The Marital ~tflPm~nf Agreement iS incorporated i~to but not merged with the Divorce Decree. BY THE COURT: / ATT~:~/~/~ J. ~ROTHONOTARY RANDY WEIBLEY PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4393 CIVIL AC, TION LAW BRANDY WEIBLEY DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 30, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cormsel appear before Jacqueline M. Verney, Esq. , the conciliator at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 28, 2004 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an eftbrt 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 cenference. 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. FORTHECOURT, By: /s/ Jacqueline M. Verney. Esq. Custody Conclhato rnh¢ 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 befbre 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 ATI'ORNEY 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 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDY WEIBLEY, Petitioner V. BRANDY WEIBLEY, Respondent No. 2002 -4393 Civil Term CiVIL ACTION - LAW (In Custody) .CERTIFICATE OF SERVICE AND NOW, this 8th day of July, 2004, I, Lintdsay Ginghch Maclay, Esquire, hereby certify the following person was served with a Tree and Correct copy of the Petition to Modify Custody and the Conciliation Scheduling Order in the above-referenced matter. The Petition to Modify and Conciliation Scheduling Order were mailed on July 1, 2004, but actual service took place on July 3, 2004, by Defendant signing for the Petition and Order, which were mailed in the United States Mail, Certified Mail - Return Receipt Re~ Postage Prepaid, addressed as follows: Ms. Brandy Weibley 249 Plaza Drive Boiling Springs, Pennsylvania 17007 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Attorney I.D. No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (7 ! 7) 243-6222 Attorneys for Petitioner Exhibit "A" · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. I. ~icle Addressed to: Ms. Brandy Weibley ~9 Plaza Drive ~iling Springs, PA 17007 Agent Date of Delivery D. Is deiive7 address dlffensnt from item 1 ? Yes if YES, enter delil,e~y address below: ['9 NO Mail ~xpress Mail Fl Registered eturn Receipt for Merchandise r-I ~nsured Mall ~ C.O.D. (Transferfromservicelabel) 7001 2510 0000 3040 0027 PS Form 3811,August 2OOl Dom~ti~ Return R~-,~,,~ ~ RANDY WEIBLEY, Plaintiff BRANDY WEIBLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4393 CIVIL TERM CIVIL ACTION .. LAW IN CUSTODY _ORDER OF COURT .. ANDNOW, this Z'/' dayof ~,~. ~:l~oS~ration of the attached Custod Con~" ~ _, ~vu,*, upon : Y atm~-l~eport, ~t ~s ordered and directed as I. The prior Order of Court dated October 29, :2002 is hereby vacated. 2. The Father, Randy Weibley, and the Mother, Brandy Weibley, shall have shared legal custody of Carol Ann Weibley, bom February 10, 1997 and Haley Elizabeth Weibley, born March 27, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children s general well~being ~nclud~ng, but not hnnted to, all decisions regarding their health, education and religion. Father shall have primary physical custody of the Children. Mother shall have the following periods ofpe~tial physical custody: A. Alternating weekends from Friday at 7:00 p.m. to Sunday at 7:00 p.m. B. One overnight on the off week. During the school year the day shall be Friday from 7:00 p.m. to Saturday at 1'0:00 a.m. During the summer, any day as agreed by the parties and at such times as agreed by the parties. 5. Holidays shall be shared as agreed by the parties. 6. Beginning next summer, each party shall be entitled to two non- consecutive weeks in the summer provided they give the other party 30-day advance notice. 7. Father shall be responsible for all transportation until Mother obtains transportation at which time it shall be shared as agreed by the parties. 8. Neither party shall use alcohol to the point of intoxication or use illegal drugs while the Children are in their custody. Children. Both parties may have liberal, reasonable telephone contact with the 10. Father shall have the right to request random drug tests of Mother. Mother's insurance will pay for the first test, but any additional drug tests shall be paid for by Father. 11. In the event Mother tests positive for drugs or alcohol, Mother's custody shall revert to supervised visits with Father acting as the supervisor at times and days as agreed until another conciliation conference can be scheduled. 12. 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 THE COURT, yin ~Hess, j. cc: Lindsay ,?ngrich Maclay, Esquire, Counsel jr Father rt GraceD Al°, Mid Penn Legal Services, Counsel for Mothe RANDY WEIBLEY, Plaintiff V. BRANDY WEIBLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : 2002-4393 CIVIL TERM : : CIVIL ACTION -. LAW : : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carol Ann Weibley Haley Elizabeth Weibley February 10, 1997 March 27, 1999 Father Father 2. A Conciliation Conference was held in this matter on July 28, 2004, with the following individuals in attendance: Father, Randy Weibley, with his counsel, Lindsay Gingrich Maclay, Esquire and Mother, Brandy Weibley, with her counsel, Grace D'AIo, Esquire, Mid Penn Legal Services. 3. A prior Order of Court was entered by the ltonorable Kevin A. Hess dated October 29, 2002 granting shared legal custody and shared physical custody. Father filed a Petition to Modify. 3. The parties agreed to an Order in the form as attached. Date Custody Conciliator