HomeMy WebLinkAbout96-04177
"1
...,. ~ '
"1
If
',C
'~
"..
~
I',.
-I'
1 "
"I'
,
II I,
I
'"
I 'J
,I
"
,
",
I
I,
,
"
'J
"
I
I'
, ,
,
.,
(
."
,..
:::
~
ilJ
,
'I
,,'
',i,\I,
,I
"
"
"
'I
I,
1
1 I
I'
1
"
"
,
,I
,I
"
I'
,
,
I,
"
~
t'-
~
~
, 1
.....
.
.:.
cl
"
-....J
~
,
, ,
, ,
(,.',
.,
"
1'1'
"
,I
"
,
'"
'.II
, ,
,
,"
'-in
I,'
'it;"!
"
,
"
"
, ,,' 1~! i . I "
I" 1',
,
'i
, '
fl,
Ii _"
Ir:"
,
, -"
"
"
"
"I
I,
,)" ,
"
'I
I
,I',
'i, ,ll',
,I
I
".11
, -1,'1
'I"
,! ,I
1,',f_"il
,~ - - ,J I' - I' d
i,' I
I
. , ~!
'I
I,
,"
,I
,
"
I
"
"i'
1/,
<I
11'(/'
,
" '
I
'II.
,I
;r!j'
,I,
'I
lq
~,P,ji,~:,
,
"
"
I,'"
'I ,Ji
"
"
iI,
"
"
',j
I'
"
111 ,
II'
i.'fl,
'I
lill'l
,j
,/ ,I ll'
"
'/'! <I,!
I
i-I
"
'I
',,' I
.III
Ii
,:J'I' ';,j
I,'
'I')
.,.
1 ~ I ,J
I '
II "
,I"~
,i
"
'"
"1
,
,,'
"
,
,
,
\(',
,I
'j-I
;'1
I
I I
,
,
',:.1
"
"
"
'i',
\'
,
"
,I
'1,'11 II
d';
,1-,
'I
",
,.
'Ii
"
,J'I
,
,1, I
I
"
"
Id
I'
,I_,rl
, /,
"
,
,
,j"
,
,
,
:,1
"
) I
;,1
"
,I
" ,
'II,
, '
I
I
!I
:11 ii' >11,
'1(:( 1/'1,;",:'::'(, ,,'
1_~jI q~;)L,),\lj
',1:'/:' I,',"ij ,,1,111:'.'_,-.-
'-,1'_ ',1.-'"
!:'!'I't_ I",):, il'
'-,--) '1 'I 'J, >
f "
"
I
oJ
,
-I.'
I
"
"
I I
"
:
"
"
"
. 'I~ '
'1'1,o;;j
1
,I" I
I,'
11/_;
"
tj-,',-\',i
i,
li_'[
"',II :"',
'1', :/
I' II/-I,
I, -j',!,
,II ,-'1"1'1
I ;,j'il_,-L
II'fJ' 1/;
,',I I I
I,,'
i,',
'I ',I 'F;) ','
, - ),I{I
I-II 'r. -1'.-\' ",-, ':'1,
! i'I',;"i -.'I'd I : l '
'i ;1!-_t\'~__:ii:'?~,il\j\',t,:, I :-' :,[ , \, I,
\' 'lil;-<-ji:~~f/I!_li,\,i-~Ir.t\i'-' ,I ".1
't, '\1 ,'1;\ ,~,'.,'""~,,,j':\-;\rL!~l:,_L:'_I,/ ,_ii'
':' , 'I, ~"f ;1! '- J;-.'I,"I,d ~tl;;'1 ,_,)" I ,"
i ?'~"~;/:"'~';I;I~"!~\:j.(;\'?j'.:,fl~;:;'~I:'i;.',r: ('.,
I 'I '-' - ;_ <, -~),l '.\jl' r;~l' -,' - 1",1' I
1/ I i-,' "j'xl i '/i1,;ri!ln]?_I'i' ','
" ,11,1-1"'1' " .- \' '\'.fh" 1 '~'h
1 "!:I;-' n" 1;,',"
, I I, I '-'! : " !, ~ ',,' .
.1'-1
,I
,"11 'I,
- - J I\,j'_;'
I
I,
J;; !,
,\1'
1
1'-,
",I.'
,I
,
I
\I
I'
,
"
II
,i)
I
'{',
"
"
,-i
"
"
I,
ii'
:'1 ~
:1,
[' ,
I,
"
I,
, I'
,'I I
" ,
,I
"l,j':,
'J Ii, I
:JI "JI
I
I
'1 q'~
/'
'/1;
i'
'I
'''I
,\
I
"
_,I'
("J
'I' '
11,:'
II
, '
, ')d-'
i_II'-
it,
;';
;,1
I
"
~ , "
,I
fl,
>i,'li
,
'I
"
,
I,
1"'-IIt'1
,-I,
"
"
"
,
II
, ,
I'
1.'1' ill
,
,i'
'if
"
1
'II,
"
"
i,
, ,
d,--
i' , I'"
,j"_1 .f
',I d,l
"
I,J
" 'I
i' !
,I
"
,
, 1
, ,
,
I'
1
"
"
"
"
,
,IIi
I.
, ,
'\'1
I,
,
,
I
"
l'
"
"
I"!
I.
l'r',"I'
"
"
, '
"
Ii'
,
"
I
I,'
;,1
.-d
"
II,
"
,
,
"
"
"
"
_I d,'
"
, I!
,\
,I
I,
"
"
, ,!,\
;;1
il"\
, ; ~ ' i ,
I,i
,
1.'1,
- ,'/:
I
i,'
'I
"
, If
"
, ,
I
"
,
'I
I
"
" ,
"
,II'
I
,
i
"
"
!!J
,/
I"
,> I
'I'
,
"
,
i',,,
,
III
, ,
I",
Ii
",
(""jl!,,;, ,!
!;f;iji';,i ;!',
,.
_"!I.,,,
,_:,
,_)\ -k." 'lilrL
f'~ 'it. ;i,ll'_,'ji."i.l;' Ii
I I'l
II' ,;rli!i:
II 'I't"..,-
,-1 1'\, ,;1'0"" _~l/;
".:,)'1'
1'_;'
'J' I:,.,.
"
,
ii,
;'1'
"
,
i -'
"'1
!-I,
"
II,'
, '
,/
,I
__','IJ
,]'
h' _1,.\
II ':,,'
,,'li,1
"I I
,','''';1 ,
ill.["--', ./
, il,'_j
"
,
!,jl
,-1"'1
I,
,
I, "
',_i.!L"
"_-11-),
;11-""
11;",-,
If
'I,!
:-'liI:
_-,Ii','_,),;,!
,i' ;;1,;
,,,-'I ,
_/111,_,
"_" ill
"\1_'/1_,11,"
..1;1')",l.:,,-,j
",1/ "1
.';'" "
ji'
,-<'(
1./' ,
J' ,-J'Lj
"I' d
,
;j I !
,i
'I
,)/,:/,:1
I,~: J:
1'1/:1-1
"
-', 1, I
"
"'I
,
)'.
,I,
,:1
"
;/
I';l
J:I:.1
'\\'-/
",'I
i',! ,
"'i',
I
11(,
'I!
"
I,
. ,
'I",
i'l
I"~
"~(I;"~
,i-_-;-
',j
"
I
,,'
,'I JI
\;1
" F_j /'
I),] I'
;1, '
,
';,'1 I',',
"i/-\'l- !'
:1:-"'/11:,,
",,' I;'"
,I'I",]!"
,',
. ,
'1 dl
I
- ~ :
I
')1.1
_',I
, .,
'I,
,1-
I"
I'
I'!
(Ii
I,
j'
,.,
':1"-
1-'\
1-,
,ii" ,
\'
"
';i1;.!_.
"'j,' l q
,
1_,-'
,
'"
,"
',"-',
,
:!'-I
"
")
I,
/-11
"
I
. ~ 1 \,i
\i'1
h
,
r;i
I;I;-l!
'I;
'iI
,
"
"I
"
~ r, i'
I
I,,'
"
,
"
Ii'
,,'-
,
,I"~
,', d
'jl'
,
-, ~ /: ,
I
" "~I
'!,
\_:1,'
I) ~: I. ) I
'! ,_, I,
"
_L,
l' "},
I ,
';1',\1,
,j', :"ll 11
il ~ j'
,I, I'
".t'
Il.'"
'-"I
-I,"
',"
,
'I,
"
1
,
,
",
"~'I
,I'
,I
,
,/
,
"
I
"
'\'1
"
,1',11
"
.:1 I"
, I
I ~ I
I"~
,
'I
II, i,'
.;'1,
" ):,'
I,XL-!
l,
I, '
r';
,,','J
"
" ,
,
,-II
11'1,)
,
i,1 ~'I:;
Ie!
,! I""
'"
) ii'
"
"
1"'\
"
"
,j ,j
!' "
'"
, ,
"oj
,,'
I
,-,
,
,
"
;11
I
,
"
"
"
,
"'I
I
"
"
"
,
",
",
I'
,
'I'll
,
11"
,II
I'
, ,
"
008
009-014
015
016-028
029-045
046
047-054
055-057
058-063
064-073
074 -075
076-078
079
r'"'"I
..
I '
^t11IlIl~ Iho Itocur". 1I11d l'rll~oo.III1~' ~lIrllll~" III Ih~ cullrl III ('IlIl1t111l1l pl~lIb III 1111" lur Ih~
cullllly 1lf_,__~BF:RL~J?_. _.n.n_'.._.."....____.._ IlIlh~ ('lllllllJlllIW~lIlth "I 1'~IIIl.ylvlllIlll
96-4177 CIVIL
hI Nil, ____...1!l!:1JOO~J1_,_..._..__,._._ I~rll1, 19 ___,.1. ~1I'"11111~" Ih~ Illllllwlll~:
COpy OF .__LWl?EAUAt>Cli:-__...._.___.________ UOCl""I I'NTlt Y
96-4177 CJ.VII.
404 -1100-98
PNJJ. E. WIl.t.lNlS
VB
IEI\N'U\ M. WU.J,I/1M8
07-23-96 CCl'1I'LAtNT - OJlIOllCE
07-23-96 P~:l'ITION '10 CONI'I~ Cll5'IUIW - alILD CllR'IUDY - BY KI'.VIN A IIF:RS J,
NOTICE MAILED, 07-30-96
07-29-96 ORD81l - DATED 7-1.9-96 - IN IlE 1'~:l'ITION 'lD caWlIlM CUR'lDDY - BY
KEVIN f\ HERR ,/
NaI'ICE MAl LED 7- 30-96
10-31-96 CER'rH'ICATE OF SERVICE
AFFIDAVIT OF CONR8NT ., 00'1lI - I'['AIN1'r FHl AND DF:FENDlINrs
WAIVF:R OF NOI'ICE OF INT8NTION 'lD REQUERT T::NTIlY OF A DIV DECR8E fUllM
BOlli PLAINTIFF AND DEFENDANT
I'MIECIPE TO TIIANA.'lMIT RF..coRl)R
11-08-96 OIIlO!1CE DFA:REE ENTERED BY KEVIN A IIERR ,I
NanCE MAl LED
07-07-97 PPTTTION mil CUS1UDY MODII'ICATION
I'MERGENCY PETITION mR RPECTAL RELIEF
'I'EJ11POllARY ORDER - DATED 7-7.97 - IN RE ENERGENCY PETITION FOR
SPECIAL RELIEF - BY KEVIN A IIESS ,J - copy PERRa'lf\LLY GIVEN 7-7-97
ORD8R OF COJRT - IN RE MODIFICATION OF CUSTODY - PREHEMING
CUs'roDYCONFEIlENCE fl-14-97 @ 2 R>1 @ 302 S 18'll1 STREET CIIMP IIILL - BY
Mla1AEL L BAr-r.s ESQ C!JS'lDDY CO'lCILIA'IOR - COPIES PERRa'lALLY GIVEN
7-7-97
07-25-97 EMERGENCY PETITION H:>R SPECIAL RELIEF
07-29-97 ORDER - DAT8P 7-2'1-97 - IN RE EXPf\R'l'E PETITION RJR SPECIAL RF;LIEF _
ORDER OF 7-7-97 IH VACATED - CUSTODY CONCILIATION CXl>II'ERENCE 8-14-
97 2 R>1 @ 302 S 1.8'Ili ST CIIMI' HILL BEFORE MICHAEL L BANGS ESQ BY
KEVIN A HESS ,/
COPTES MAILED 7-29-97
08-22-97 ORDER OF CCXIR'r - DATED fl-1.7-97 - TN IlE P~~ITION 10 I~rERVENE
08-27-98 ORDER OF COJR'r - DATED 8-1.7-97 - IN RE PETITION 'IO INTERVENE RULE
'IO SHCM CAUSE IS IHSUEP UPON PLATNTIF'F' RESPONDEI'rr AND DEF'ENDIINT
RESIQIDFNr '10 FILE A RESPONSE TO PETITIONER'S PETITTON WIllIIN 20
DAYS - BY KEVIN A HESS ,/
NOTICE MAILED fl-27-97
08-28-97 CUS1UDY CO'lCIl.IATION CONFERENCE Sll'1MARY RErom' /lND ORDER - DATED 8-
27-97 - BY KEVIN A HESS .1
copms MAILED 6-27-lJ7
09-15-97 RESR:lNDEN'f IWJT, E WI 1.1. IIIMS "I' ANSWER 'lU PETITION 'IO INTERVENE
lJ9-18-97 DEFENDANT'S PMECIPE OF CO'lCURRENCE BY AARON 0 Pf\RNES ESQ
10-09-97 PETITION TO SET IWARING
10-17-97 ORDER - DATED LO-17-97 - IN RE PETTTION m SET IIEf\RINC; - flF'ArlING
11.-8-'J7 10J\M CR 4 - BY KEVIN A !lESS ./
NaI'lCE MAl LFP 10-20-97
...
--
!.ff! ~
PAUL B. WlLLIAMB I IN 'l'lIa COUR'l' OF' CO~'MON I'",a/\s
PLAINTIFf I r.:UMDI.lJRI,I\NP COUN'l'Y I I'BNNSYLVANI/\
I
VII. I 91.0.. /..11 '7 '1 CIVIL /\C'l'loN
I
DRANNA M. WILLIAMS I
DBPBNOANT I IN OIVORCl'J
NOTICE 'l'O OBFBND AND CLAIM RIGIl'l'S
You have been Bued in Court. If ~'ou wiAh to defend Againsl:
l:he'olaims set forth in tho followill'.l pages, you must l:ake prompl:
aoHon. You are warned t',hat if you fail to do so, l:he OAse
mAY prooeed wHhoul: you and a decree in divorce or Annulment
may be enl:ered against you by the Court, II judgement may ~lso
be entered against you for any ol:her ola im or rolief requested
in these papera by the Plaintiff. You may loao money or
visitation of your childron,
When l:he grounda for divoroe aro indignitiea or irretrievable
breakdown of the marriage, you may requost mArriago counaeling.
II liat of marriage counGolora ia available in the OFFICE OF
'l'IIE PHO'1'1I0NO'1'IIRY, on the fi ra t floor of the Cumberland counl:y
Court 1I0uae, Carliala, Ponnaylvania, 17013.
II" yOU lJO NO'1' FIl,I, II cr,AUI f'Oll III,IMONY, IJIVISION OF PROPER'l'Y,
r,IIWYJ1:RS mES, OR EXPJ1:NSr::S, llJ1:I"Onr: A 01 VORCIiJ OR ANNUI,MEN'l' IS
ClRIIN'l'ElJ, YOU MIIY LOSF. 'rilE IHGII'!' Ire) CI.IIIM AUY OF 'l'IIESE.
YOU SIIOULlJ TIIKI~ 'I'IIIS plIPrm '1'0 YOUR 1,IIWYBR 11'1' ONCFl. IF YOU DO
NOT III1VE II LIIWYER OR CANNO'!' IIf'FOIl/) ONP:, GO '!'O, OR '1'P.LEpIIONE
'l'IIE OFFICE SE'!' FOR'I'1I llELOW '!'O FIUlJ OU'!' WlmlU: YOU CIIN OET LEOIIL
IIELp.
Court Administration
Fourth Floor
Cumberland County Court: lIouse
Carlisle, PA 17013
717-240-6200
/
~
"'"
PAUL I. WILl-lAMS I IN '1'1Il!! coun'l' 01" COMMON l>l-I!AS
PLAIN'fIr' I CUMDllRLAtlIJ COUWfY, l>I!NNSYLVANIA
I
VB. I ~ 94. '1/1 ? CIVIL ACTION
DIANNA M. WILLIAMS I
DIPBNI>^N'f I IN IHVOnCIIJ
COMPLAINT IN DIVORCB
eOUN'I' I
AND NON comes the Phinl:J ff, by Al:torney JAMIIJS M. IlAOII, snd
overs as followsr
1. Plaintiff iB PAUL E., WILLIAMS , who
currenl:ly resides ol: --.!.40 BAST GARDEN AVENUE. NEW CUMBERLAND. PA 17070
2. Defendant is DEANNA M. WILLIAMS
currently resides al: 60 FISHER ROAD,
, who
YORK HAVEN, PA 17370
3. PlainHff and Oefendan\: hove belln bOlla fide residents in
the Commonweall:h for at leoot six monl:hs immediately previous
to the filing of th10 Complaint:.
4. The Plaintiff and Uefelldont were morri~d on 6/22/92
5. 'fhere ho ve boon 110 prior aol:lollo of di vorce or onllullnenl:
bel:ween l:he parties.
6. The marriage 10 irrel:rlovably broken.
7. Plaintiff hao bllen advioed of l:he availability of oounseling
and also the Pia inti ff lIIay hove \:he righ\: to request thaI:
the Court require the parl:ies 1:0 porl:ioipste in counseling I
snd after being so adviaed, Plaintiff does not desire
counseling.
"
'I
"
I:
"
{' , i
, ,
~i '&. ~ ~
~ ' . ~ ~
.,~ B
"'" ':t- ' I
-,. 0\ ,
I,: I:; ~ ,
.;, It} ~ ] ~
('. .. ).,.
I' '~:f
r},~ ' J cI..
:~: 1;';J '" '"
, , oJ, ,;:'j
S';d ,
1'.1' ~~.., i',)
J)' N tr., I
[,I"~ [' ',r:1 I, I
I , ':/ I)P,
. . , \
I' ",
<~ Ul (J "
, , ,
;1)1,
, .
'-
, .
.......1
'.
.--
~
PAUL I. WILLIAMS I IN TUI COURT OF COMMUN PLIAS or
PLAINTIFF I I CUMBERLAND COUNTY, PINNSYLVANIA
I ,\1",
VB. I <1l.c, ~ I .'-' CIVIL TIRM
I
DEANNA M. WILLIAMS I
DEFENDAN'I' I IN DIVORCB
PETITION TO CONFIRM CUSTODY
AND NOW oomes PAUl, Fl. WILI,IAMS/ Petitioner, hy and through
his attorney, JAM~;S M. I3ACII/ and files the within ~'l'ITION TO
CONFIRM CUSTODY I
1. PAUL E. WILLIAMS is an adult individual residing at 140
East Garden Avenue, New Cumberland, Pennsylvania, 17070.
2. DEANNA M. WILLIAMS is sn adult individual residing at 80
Fisher Road, York lIaven, Pennsylvania, 17370.
3. The parties were lawfully married on August 22, 1992.
4. PAUL EDWARD WILLIAMS, JR., Social Seourity No. 184-76-2221,
their son" was born on January 11, 1996.
5. The parties hereto have agreed to a Custody and Visitation
Agreement, whioh is in the best interest of their natural son,
Paul Edward Williams, Jr.
WHBREFORE, the parties hereto respectfully request that an Order
of Court be entered in accordsnoe with the Custody and Visitation
Agreement attaohed hereto and marked as "Exhibit A".
DATE
1!J-'{(9(.
ReBpectfully Bubmitted,
ru. /J1l .;1;----(,
B M. BACH/ BSQUIRB
A orney I.D. No. 16727
352 S. Sporting lIill Road
Mechanicsburg, 1'A 17055
717-737-2033
."
. .. ~ '" -
~
"""
..
CHILD CUSTODY AND VISITATION AOR..NBNT
This document is a CHILD CUSTODY AND VISITATION AGRSSMSNT between
the Mother, Deanna Michelle Williams 610-12-6780, and the
Father Paul Edward Williams 193-54-1477,
We, the Mother and the Father, agree that the following
statements are truet
That the Father agrees to the followingl
a, Agrees not to pursue any child support from the Mother,
b, Agrees to pay for any cost of daycare, medical, dental,
private schooling, clothing, toys, vacations, savings fund or
college tuition, The Father will pay all costs that may be
incurred in the best interest of the child while in his care.
PRIMARY CUSTODY. The parties agree that the Father will
have primary phyaical custody and control of the minor child,
Paul Edward Williams Jr, 184-'76-2221, born January 11, 1996, 'rhe
Mother will have specified visitation rights, This is in the
best interest of the child, and the parties are fit and proper
for these roles, Thia agreement will have the force and effect
as if it were a Court Order, The Father agrees to file and pay
for a divorce and the Mother agrees to consent to a d~vorce and
sign all documents pertaining to the divorce, and the Mother
consents that this agreement will become a part of the Court
ordered Divorce, and violation of this agreement will result in
contempt of court. At all times here and after, the periods of
temporary physical custody by the Mother for the minor child is
governed by the terms below,
SPECIFIED VISITATION. The Mother shall be entitled to
reasonable visitation rights, The Mother shall be entitled to
atleast two days per week which will be days that are agreed upon
by both parents, If the parties cannot agree as to when
visitation will occur, the Mother shall be entitled to the
following visitation rights, and the Father shall allow and
encourage the samet Wednesdays and Thursdays to be returned to
the Father on Friday, or Friday and Saturday, to be returned to
the Father on Sunday, and this will be a bi-weekly arrangement,
The Mother shall give the Father at least forty-eight hours notice
before exercising or canceling visitation,
PAGE 1 OF 4
ftlvlJ
~
V/
.
EX H/!3/1 A II
....
~
f""".
..
The Mother shall be entitled tc reasonable visitation at such
other times as is mutually agreeable to the parties. The Father
agrees not to unreasonably withhold cons~nt to visitation or to
hamper or frustrate the Mother's attempts to exercise visitation
rights. At no time will either party remove the child from the
Continental United States,
VISITATION IP PARENTS LIVE OUTSIOE A ONE HUNDREO HILE RADIUS, In
the event that both parents are not living in the same area, the
Mother shall be allowed visitation every other weekend if
geographically practical (within two hundred miles), and every
other Christmas, and every other Thanksgiving, The Mother shall
be allowed all Birthdays if it is geographically practical, The
Mother is entitled to an uninterrupted Fourteen day period of
visitation with a thirty day notice by the Mother to the Father.
Cost and transportation, to and from visitation with the Mother,
is to be provided by the Mother, Both parties must give a S'.AE'!ty
day notice prior to any change of address, This agreement
supersedes the Specified Visitation agreement listed above,
LOGISTICS OP VISITATI9N, Visitation shall be governed by the
following rules I
a, It shall be the responsibility of the Mother to arrange
and provide for transportation in conjunction with visitation,
b, Both parents, during their time with the child,
shall promptly notify the other party in the event of a medical
emerg~ncy or any situation that requires medical, dental or
other health care for the child,
c, Both parents shall disclose any address, and phone
numbers where the child will be during daylight and evening
hours, and promptly notify the other parent oF. any changes,
SITTER OF PIRST CHOICEI The noncustodial parent (the parent
without primary physical custody) shall be the sitter of first
choice for the child and the Primary alternative child care
provider when the Custodial parent is absent and would otherwise
use a sitter, neighbor, friend or relative for this task. If the
noncustodial parent is absent during visitation, the noncustodial
parent is subject to the same provisions,
PAGE :! OF 4
5Pt
, .
~
~
BBNlrITS AND COOPIlRATION. Both part ies wi 11 cooperate fully J,1l
obtaining and maintaining all child related military medical
benefits and doing any acts necessary to obtain service-connected
supplemental insurance coverage and medical treatment benefits.
Both parties authorize the release of information about
reimbux'sements from CHI\MPUS, military or civilian medical
carrier, and they waive any contrary or conflicting provisions of
the Privacy Act,
UNCOVBRBD HIIALTH CARl IIlXPIlNSIlS. Uncovered health care expenses
will be paid for by the Custodial Father,
Upon satisfaction of the above terms and conditions, the Father
is given Primury Physical custody of Paul Edward Williams Jr,
184-76-2221, born January 11, 1996.
EXECUTION AND ACKNOWLEDGMENT
,-
IN WITNESS WHEREOF, I have at Headquarters, Fourth Marine Corps
District, New Cumberland, Pennsylvania, this 14th day of June,
1996, set my hand and seal to this Custody and Visitation
Agreement consisting of four (4) typewritten pages, this
included, the preceding pages bearing my initials,
(~~L:!~j<<f?:"
MOTHER'S SIGNATURE
STATE OF PENNSYLVANIA)
COUNTY OF' CUMBERLAND)
On this the t~tQ dalft.slf June, 1996, before me, a Notary public in
and for the~,~f~~~s,personally appeared Deanna Michelle
Williams, 610-12-6780,known to me to be the person whose name is
subscribed to the foregoing custody and visitation agreement, and
acknowledged to me that she voluntarily executed the same for the
purposes therein contained,
Witness my hand and Official seal of thu day und y~ar first
above written,
w..-~ t4MJ2.
Signatur of Notary pu~~~
My Commissi~1n Expi res r-;;:ifoj.{;;'}fe
PAGE 3 or 4
6.
..
--
PAOL B. "J:LLIAHS I IN TDB COURT or COMMON PLBAS or
PLA INTIFF I I CUMBBRLAND COUNTY, PBNNSYLVAHIA
I
v.. I %-1+/77 CIVIL TBRM
I
DEANNA M. "ILLIAMS I
DEFENDANT I IN DIVORCB
ORDBR
AND NO", on this .2.., . day of {"""
upon oonsideration of the within PE'rITION TO
it is hereby ordered and directed as follows!
, 1996,
CONFIRM CUSTODY,
1. Primary physical custody of the parties' minor son, PAUL
EDWARD WILLIAMS, JR., born on January 11, 1996, will at all
times hereinafter be with the natural Father, PAUL E. WILLIAMS.
2. 'l'he Child Custody and Visitation Agreement attached hereto
and marked as "Exhibit AIt is incorporated herein and made a
part of this Court Order.
BY THE COURT!
'A~
J.
~
~
,....
PI\UL B. WILLIMS I IN 'rlllil COUtt'l' 01" COMMON I'LI1lAS
PLUIfTIrr I CUMBERLAND COUNTY, I'mNIfSVLVA~IA
VD. I
I 96 - 4177 CIVIL TI1lRM
Dl'lI\NNA M. WILLI^,'B I
DBPBNDI\NT I IN LH VOIle: I!l
hrrIDAVIT or CONSENT
1. ^ Complaint in Divorce under section 3301(c) of the Divorce
Code waD filed on July 23, 1996 .
2. The marriage of the Plaintiff and Defendant ia irretrievably
broken and ninety days have elapaed from the date of the
filing of the Complaint.
3. I consent to the entry of a final Pecree in Divorce, without
notice.
4. I understand that, if a claim for alimony, alimony pendente
lite, marital property, counsel fees or expenses has
not been filed with the Court before tho entry of a final
Decree in Divorce, the right to claim any of those will
be lost.
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.B. 4904/ relating
to unsworn falsification to authorities.
10/30/96
DATEl
Signed
9~
~' . ,_P- - -
rr PLAINTIFF
10
\
I
'I
I I
I, i
I,
I
I
"I
,1;1
,
"
"
,I
f)
"
"
,
,
~ crl ">-
c:J f:.;
.. tl'}
1l: .:I , :~;'i
~ ~, J .f. I
Q. ,~?~ ,
I:'
( I - :~!2
I;. VI
. IJ. I:;'\~
Wi t
I'" C;J ~
b '\ft
.,
lji
"
I
I
I
"
,II
,
"
, '
"
I'
"
I"
'1,1
! ,
I, ,
, ,
I ,
I I , , ,
I " , I,:,
,I ,
I , I
I, ,I, " :'
, , I'
,-..,'
'-"
I
,
"
, I
rr: \'1'1 ....'
(;) I..
'.
f .. d.,
I'':
~" ..1 . ~l
., .,' j"
..t11 h: "3
')" '
"I ',i?}
I, , -
~!;: C'l ,I t,
1,- " ~l[t!
fe' ~ ;J
~.J u,
Cl'
"
"
, '
I'
,
,
".11
I
{I
"
"
" , ,
,
, ,
"
,
"
,.-.,'
,~,
"
, '
I,
,
';f
"
"
I'
. ..~
~ I'.......
<C. '\"Co .*. ... ->>:. .:.c. .*. .:c' .~. ,:.;. .. .:.:. .*, .:~. .~.:. .~.;. .:.:. .:.:- .:<<. ,,;.:. ':.~. .,.:. .:.:. .t,.:. .:<<- .:~. .:.;. ... -it
81"'''--''''''''''- ",. "........ '" .. ,.,. ....... "'''''''18
.1 ·
:i IN THE COURT OF COMMON PLEAS :
81 OF CUMBERLAND COUNTY ~
8 .
:' STATE OF t~~t PENNA, :
8 *
! PAUL B. WILLIAMS !
III N I). 96 ":' 4177 '"
8 *
8 V"I';f1H *
8 *
8 DIANNA H. WILLIAMS *
8
~l !
:1 0 E eRE E IN!
.; 0 I V 0 R C E ;
~ AND NOW, .. ". ,..#"'~.~, I J, 19 f(,. It Is ordered and .
~ .
... decreed that. , , , . " . , . ,P~UL. ,~. . WI,LLI""S. . . . . ., . , . . , , , , , , , " plaintiff,
~ .
8 and, " , .. . , " . .DSANNA. M.. .WILT.IAMs " " , " " defendant, 8
8 are divorced from the bonds of matrimony, $
. ~
8 The court retains lurlsdlctlon of the following claims which hove I ~
.. been raised of record In this action for which 0 final order has not yet 8
~ lM
"'," been entered; I'
" 1M
'" I.
" NONS I,
. I~
8''''',,::,,:'::':::::,:::::::::::::::::::::::: !~
8 1M
. l~
'" flv '~l' Cuurl', I i:'
!' --I A~ :~
: AI;..I, ~~:~'1/':~~ f' :-!~ 4#.n.,.~ J, · ~
8 / ;>(~w)U /" .?-~, ~ ~
. / '~'lh"f1"ln'y : ~
~ ,~
:w.;-1i:'~. ':.::::<<' ... ..,.*~' ,i, :;+;, ,:M' :;+;, ,;+;. ':+;. ,;+;. ,;.;, ':.;, ':+;, ':.; ':.:' ':+;. ':.;, ':+;, ,~;. ,;+;, ,;+;, ,;.;, .;.;, ':+:' .;l'
16
"
"'""
I""
-p!fJ
7 I '1/
\.b.u \
. ,
E. WI \ It IWIS, PlaintJ.fl:/
~t!sr.ukJI\M
v.
I
I
I
I
I
I
I
CUSTOD'l
IN TilE COURT OF COHKON PLEAS OF
CUMBERLAND COUNT'l, PENNS'lLVANIA
NO. 96-'( II'r CIVIL TERM
1)(;- n rJ fill
rn, W 111,'I1,YlJ> .oeti"dant/
P, /, ,.Ml'/!.:
ORDER OF COURT
AND NOW, upon considoration ot the attaohed oomplaint, it is
hereby direoted that the parties and their respeotive oounsel
appear betoro t-\\(hae \ L RC'Ir\~'-, E'\o., , the oonoiliator, at
.')Od S, \&~h '\~'j Cc.mp \,t) \ \ on th~ -1'::\._ day ot I\JEjI" \~-\-
1996, at ;;; (oJ .m., tor. a pre-Headn9 custody conferenoe. At
such oonference, an effort will be made to resolve the issues in
,
dispute; or if this oannot be accomplished, to detine and nar.row
tho issues to be heard by the oourt, and to enter into a
temporary order. Failure to appear at the conferenoe may provide
~ounds tor entry ot a temporary or permanent order.
By the Court,
~~~Eil~t~;~~'~
YOU SHOULD TAKE THIS PAPER TO 'lOUR LAW'lER AT ONCE. IF 'IOU
DO NOT HAVE A LAW'lER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERB 'IOU CAN GET LEGAL HELP.
COUR~ ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNT 'I COURTHOUSE
CARLISLE, PENNS'lLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
l!l.
I~
, I)o...u I 2"' w ,~(WIS
"P\/A.\ n\ I n= / 12-" ~fJL)t1()f\(l\-
,~
.
,-,
\ I he.. ('uull 1')'( (lQ(Yl(Y1\)(\
v'
Il Ttl"l.~ 0'\ ~.l.J'~)~.JolrINvJ <!.ov/\\-V,
..
~,()(15yIV(l{l,I~ .
'lJDCA(\n"" (Y) w', \",,<'tI)
1)e.\ ~(\JAn~ 1'1>/i,f)-\ 'If~
g
,S
C',ul/ '1urn
~)~\O(.\Y
~o , C\lll - L\ 11 t
..
~
mod I r I ~ I'l \':1 U() C't- Q.u ~ \1.)(.\\/ ..
\. '~k ~b.I(\\"\.\. I~ '\?;..ul t, W',I\,,,fYlS (e.';))dill~ c:.+
')
(U(\c\rc,:)5 V()~/\Q\"..l0 w'nd~ O,..\.. ,\l't'\(l:''1IV!1/\''4,
~ 'i-k '\JJ2,I'l(\(\cAnt \~f)(1l'l')t1''''' r('l, will, I\(Y)~ (e':>;(,\II''ct Yl+
8D t,'Sh.LC' R,,\ yo('k l\"u(n 1 e~nfl5ylu~f)i(.... ,
j, -f-k.t. uc!L"r'c.b"t JtJ'\'I~iL)n.Q'1 5(!.'e.\Ls c..usfuc.:.h/ of +k
,ro\\uu.J\n~ Q'v,:,\J.f'e.\"'\ (C'vIl\C.Q:
~f\(Y)e.. '7rc ,:>cn '\- VI Jc\ (~:> s
~\ 2. (.\ ""..ll"((.\ wlll,(,rn~ ~t\\;..MuJ"'-
TN.. ~,I-,; Id (,,<JAJ hal- &Llr n DJt 0+ UJl!c\ loc..k.
'\"k t:.\rJ;kl 1:5 ffe-scn-lly '1I1'lk c.vs.\oc.ly of Yo.v\ wi\\\'I\.rf\~
(711t'11+;~O "'I,d 9Ar,....fY1"'....., Cl.}(rcl?U'I re.t5idll1:J I'll- 11<1 un/V!QW<?
AJcI(c~.:> '
~
. nm~,
\:)ur', ~ ,{~ 'V<-<.5.t r:, v~ Y~'Pe:;;
/.,DiIh. ll..-t. IOI/oWlt7) r;.r::o.on:::.
~A",e::
lYIoHIQ... J
'\)ttc2.r~t1l-
..
7k-,1)\" 'H /l?J::.(1.\~d"""r
fh.k\(t! ~ 'S
1<..10 'l: ' eHl(1:\cr) nUl'
^\Lw c.",,,,,),t( IrqH\' fA ,
,-/01,0
fk ell}; Ie; I hAS 1Z2s iel ~J
r.....1 f-h.t. Fo 11<Jv-J, ~ Ac:JdfC.'::,s<.~
"y. <4_:h:'s
1-\1-'1U -,
'-l/l)qlg
IY\O \ YvI..
inoll\,P/\
LI!I/qu -
6./30/9t..t
/7
~
f\J2l:~) '-, ,-.
j',IU.!.. ",,1",\'''' II\.J<-
, \ \ ~\
I\U.AU t...)f"~')1 I "1'"
I IU f c\
'-I / ju i'"t(q ,-
6/30/(1',
"Pf ", n\ I ~ \-
1k rYl(J\ ~\Jl.r (D.._ r".'dl"\l,\/RI \, ~'uNl rj +~ nd\hll..v Ir:...\" , .. , ~ 5 h,"! f't' r.I
i>h,-\GIC~\ C.UJIOd~ o,j: -1M (!,V1~~L' \'.""bul\\\~ ~~OfY\ ....1'I;!Jo;'l~-
u./!3o I CUt] ,
,
lv'1ol\""..- .)-,,,,,~ To,) I e~\o '" ",
I" \ -" I ~....~ ~ .....
+ J","'}(, Tal..do ;S~.
(fY\<>\h.u '> "MM~,,~r'
1\ fl.d "')~JI" .J
~o \I'.:;,~..(r ,~d
Yr>r"L HI''''.. r\, ~I'l '
/1 -:!>1 a
'C>r.2. \ 0.2. r\ J C'\<'\t-
\'-\0 L CLHV,J.. n n-.x.
~ (!vrY\h:r k"-Ild ,PA-
1'10:.) 'i()
~/i/f>/9U
"I'lli'
,
In()th~r v.nd ?kqf\'l\~'- :jhcv<::<1 \)l.1~(':'I<,~1 <'..US.\.:Jc~ll O-r lk...
Q\rll \t.\ ,... (0 m c.../r:.. ~ TV\I:..., :;j-/ Z-z./'i7-
I'V\O~N..r I .:)..:>.::.(. 10 \c:.d 0 ,:)~ ,
31.1. -f ('or'l:"Jf,'-/vHcJr1 e.t,
(!1~11 If!,urn,c, f117:::J,
0910 LA I
'~-.~
'~'-.J/"\Q.. 12) ll\ C\ T-
i-hrv -
JU(UL Ju, I'I'\~
I"'\u.. (Y\O~ O~ ~ Qh,\c\\~
tv f r~ n\\y ~ (,i c.\ i ()t'~ (.\ ~ bo +' I 51\i.('
'\)0<.>.1\ ne,- fY') , lA?" ~ \\ 1\ "'1 :'::.
,
((.:.\, L\orIL "\A\iCi"'I, P,4 , ninO
34. ',,::>
S'f")aL.L ,
1h.... k\~r 0..(. --\~ C,.\-1',\c\ ',~ m,<:.V\".d LA
~Dl.lJn (\~'\IC::,s '\'.l .90..J1 JI~ "n.H (',.-Il,.,-/. r>"?I'V~,
I-te. " ~ f)'1tQ 1'1 (d,
r<OChsz.\~) 1+10;) IM.I't.,
,lJI1n"pbl,:" mD,
L\, '\\t r (.. \t...+ \ 0(\ ~)h,\P () \
ee,,,,", \ '(),~r / '\)" \"""\" ;'.1 \ ') -II \ 0 r IV\ \',
~ ,u \ r _ h'..:1 "'" 10' Y\ll R.
18
~
~
mothe~. The plaintiff ourrently resides with the followinq
peraonsl
Hame
Joae A. Toledo, Sr.
Jos. A, Toledo, Jr,
Relationship
Paramour
son
5, The relationship of defendant to the ohild is that of
step-father. The defendant ourrently resides with the followinq
persons I
Hame
Kelly (last name unknown)
RelationshiD
Paramour
6. Plaintiff has partioipated as a party in other
litigation oonoerning the oustody of the ohild in this or another
court. Speoifioally, the plaintiff filed a Petition for a
Proteotive Order against the defendant on June 19, 1997. The
dooket number is unknown by the plaintiff at this time because an
Order has not yet been granted.
Plaintiff has no information of a oustody proceeding
concerning the child pending in a court of this Commonwealth
other than the Protection From AbuBe aotion stated above.
Plaintiff knows of a person not a party to the prooeedinga
who may claim to have custody or visitation ~ights with reapect
to the ohild. The name and addrese of such person is Michael
LaRochele, cu~rently residing at 807 Fawn street, Baltimore,
Maryland. The plaintiff alleges that Mr. LaRochele is the
~
"""
natural tather of the ohild. Althouqh Mr, LaRoohele i. aware
that th. ohild is his, he hils novel' met the ohild IInd has never
expres8e~ IIny interest in the child.
7. The bost interest IInd permanent welfare of the ohild
will be served by granting the relief requested because:
a. The de fondant has withheld the child from the mother
sinoe June 16, 1997, and told the mother that she would
never see the child again, The defendant is in the
United States Marine Corps and is due to be disoharged
on Saturday, June 21, 1997, All of the defondant's
tamily lives in Pittsburgh, Pennsylvania.
b, The defendant abused the mother in the recent past and
ths mother hilS filed for a Protective Order, As of
this date, the mother does not know if her Petition tor
a Temporary Protective Order has been granted.
o. The defendant is not the natural father of the Child,
and is not interested in the best interests of the
child, as witnessed by his refusal to allow the mother
to see the child,
8. Each parent whose parental rights to the child have not
been terminated and the person who has physical oustody ot the
child have been named as parties to this action, All other
persons, named below, who are known to have or claim a right to
oustody or visitation of the child will be giv'en notice at the
pendency of this action and the right to intervene: Michael
LaRochele.
RO
.,.
<;l.;.
.~
!
;.lS
I. '}
"
, L
'/1 '/
I,
'I
II
,
j!t; ro. t
::; .:I ,": '"
L ~!;~ " , ,
ul',1 , 'I
~" ,L, , ,
, ,
j- , '"I. "
I
, , t.... 'j 'I
\' I , il
:r ~ j , ,
.' ' r"J 'I
ftl,li 1
I.':' r,:J 11:(";.
. ;tJ
I ~ t'" I
0' ~J "
"
I 1 , "
I' 'I
I-I
"
I I
,
"
, ,
"
I,
1 I
'\
,
.......'
v
,...."1
,...
4, Tho relat.ionship Of planUt! t.o tho child Is that. ot mot.hlll', 'rho
plant.iff current.ly resides wit.h the FOllowing persons I
Name
Joso A, Toledo, Sr,
Jose A, TOledo, Jr,
Ilelotlonahip
Paromour
Son
5, The relationship of the defnndant to the child is that. of Sl;QP~PIlt.hor,
The defondant current.ly resides with the followin persons I
Name Ilelotionship
Kelly( last name unknown) Parnmour
6, The plantiff has no information of II custody proceeding concerning t.he
child pending in a court of this Commonwoalth,
Plantiff krow3 of a person with reguards to this proceedings who may
claim to have custody or visitation riqhts with rospect to t.he child,
The name and address of such person is Michael La Rochello, currently
residing at 2021 Harbor Gat.es Dr.ive, Annapolis, Maryland,
1'he plantitf and Michael La Rochelle alloges that Mr, La Rochelle is
the natural fat.her of the minor child, The plant.iff reaectfuly request's
that the defendant,Mr.La Rochelle, The child, and herself submit to a blood
test to determine paternity.
7. The bost intrest and permanent welfare of the child will be served by
granting the relief requested because I
a, The defendant has withheld t.he child from the mother since .Tune 16, 1997,
and told the mother she would never see the child again, Tho defendant has
been discharged from the United States Marine Corps on June 20,1997,
b, The defendant has abused the mother in the recent past and the mother has
filed for a protective order,
c, The defendant has refused to allow the mother to see her child on previous
attempts of the mother exercising her visitation rights.The defendant has
cont:inuously frusterated the mothers attel^pts to see her child.
d, The defendant is not the natural father of the child and is clearly not
intrested in the best intrests of the child, as witnessed by his refusal to
allow t.he mother to see her child,
~...,
..
\
~
7. 'l'he Reapondellt currently rellldoa wHh the followinlJ
perlJon(l,I) I
"line I ae.L
!!!!.!.tion.~ip I
Jose A. 'I'oledo 6r,Unknown
PIHamour
Jose A. Toledo Jr, Unknown
Puramour' a 130n
8. 'l'he Petitioner has no infol:'maUon of a custody proceedinljJ
concel:'ninljJ the child pendinq in a cour.t of thi$ Commonwealth,
9, The best interests and permanent Welfare of the child will
be served by gralltlng the relief requested because I
A. The child was not born out of wedlock.
8, Thel:'efore under Pennsylvania law thel:'s is a pl:'ssumption
that the Husbsnd, (Petitioner, Paul r" Williams) ia the natural
or biological father,
C, 'I'he rElspondent alleged in her Emel:'glltlcy petition fol:'
special relief that the fathel:' of the child is Michael La
Rochelle,
See Respondent's petition sttached as exhibit "A",
pal:'agraph Three (3),
1. Michael La Rochelle has never claimed to be the
father, nor has ever fi led any complaint fol:' custody,
visitation or other parental rights,
ii, The petitioner is presumed to be the natural father
because the child walJ born while the respondent and the
petitioner were marl:'ied,
iii, The Petitioner is and halJ always been the child's
father, The allegations of the mother are unfounded,
0, The Petitioner has be~n the prlmary care giver. to the
child since the child's birth on 1/11/Q6,
31
~
~
r-.
1. 'l'ha Petitioner. and I\espondent Beparated in Much
of 1996. 'l'he child wus 2 months old, since then, the child half
resided solely with the father,
ii, The mother has only seen the child on her
visitations, The visitations started when the child was 2 months
old, (March of 1996) an occurred sporadically,
Since then, the
Father has been solely responsible for the care, nurturing and
welfare of the child,
E. The Petitioner and Respondent signed a custody
agreement on June 14,
1996, attached as Exhibit "B",
The agreement gave primary physical custody to the father, The
mother had visitation rights, The agreement 1.1150 provided if the
parties moved outside of 100 miles of eAch other, that the mother
would see the child evory other weekend, Cost of transportation
to and from is to be provided by the mother,
F, This Honorable court signed an order, attached as
exhibit "C", granting Primary physical custody to the fa ther,
Petitioner, on July 29, 1996 and incorporated by reference the
custody agreement, (Exhibit B),
G, The Petitioner denies that he has withheld the
child from the mother since June 16, 1997, This is the date when
the father moved from New Cumberland, pennsyl vania to Whi te Oak,
pennsyl vania,
i, The child was made available to the mother as
,
per the custody order/agreement,
3~
\
~
,-.,
tl, 'l'hfl mother was informed of the father'lS and
uhild's new address of 706 Riv~r ViQW Prlve, White Oak,
~ennsylvonia, os of June 1997,
111. 'l'he mother failed to <:Ixercise her rights to
visitation becoulHI she did not want to dl;'ive to White
Oak Pennsylvonla to pick up the child al3 ~er the
custody order/ogreement,
H, The Petitioner denies that he has obused the mother ond
has no knOWledge of any PFA action being brought ogainst him,
1. The Petitioner believes that if the child is residing
with the Mother and her paramour Jose Toledo, the child's safety
will be jeopardized,
i, Jose Toledo has physically abused the mother
within the past three months to the p6int were the mother's foot
or toe was injured. Mr, Telodo also threw a phone at the Mother.
The mother was required to seek medical attention for her
inj uries,
ii. Because of these violent acts the Petitioner fears
for the child's welfare and safety,
J, The Petiti.oner also fears for the child's welfare and
safety for the following reasonst
1. The mother has attempted suicide and was
hospitalized for suicide on or about 1991 or 1992,
i1. Since the suicide attempt by the mothilr she has
been taking prr;!scription medicatIon for depression such as
Prozl\c, Because the mother fails to take the medication at
all times it is feared that the savero mood alterations that
33
l
,,,,,,,
are aeBociatod with Prozuc and clinical depreesion may
endanger the child,
iii. 'rhe mother has stated to the father and witnesses
that she is not able to handle taking care of Paul Jr,
iv, 'rhe mother attacked the Petitioners' paramour
l-<elly Walker at New Cumberland Army Pepot, 'rhe mother
pushed Kelly so that Kelly fell on top of Paul Jr, causing a
bruise to his head, 'rhere was an incident report generated
by the Military police, Numbered 135-97-PPRE,
v, On every occasion when the P~titioner has picked up
Paul Jr, aftar a visitation with the mother the child is
dirty, disheveled, and his hair is knotted, Petitioner
believes that the mother is not properly cleaning, bathing
and grooming Paul Jr,
vi, 'rhe mother has brought Paul Jr. to the day care
facility at New Cumberland Army Pepot with sour milk in the
child's bot tle, Paul Jr. was vomiting for several hours
because of this incident,
K. The Petitioner believes the mother
Washington p, C" (her mo\:her's) or California,
wi th the child,
L, The petitioner believes the mot:ler is not currently
employed, nor has she ever been steadily employed, 'rhe child
will suffer as a rasult of primary custody remaining with the
may flee to
(her father's)
mother,
M, The Petitioner believes that
violated tho original urder stated July 29,
the Respondent has
1996 and the custody
3'1
" "
~ '
~
,,-\
.-
y,
I
I
I
I
I
I
I
IN TH! COURT OF COMHON P~BAS
OF OUHB!R~ANO COUNTY, PEN~SY~YA~l
Oivil Term ~o, 96-4177
custody
oe.nna M. Williaml,
PlIntirt
Paul E. Williama,
Defendant
EmerQencv Petition For special Relief
1, The plantiff i8 Deanna H, Williams, residing at 80 Fisher Road,
York Hoven, pennsylvania 17370, hereinafter reffered to as the mother.
2. The defendant is Paul Williams, residing at ( address unknown)
White Oak, Pennsylvania,
3, The plantift seeks custody of the following childJ
~ame
paul E. Williams
Present Address
Unknown
w
17 months
Tho child was not bnrn out of wedlock.
Tho child is presentlY in the custody of the defendant and the defer
paramour, concealing the whereabouts of the child,
The mother of the child is Deanna Williams, currently residing at
80 Fisher Road, York Haven, Pennsylvania 17370.
She is single,
The Cather of the child is Michael La Rochelle, his last known addr,
is 2021 Harbor Gates Drive, Annapolis Maryland.
He 18 Harried,
37
EXHIBIT "A"
-,
,-',
~
(
........ ._~ _.~. ...--'- -.--
4, The relationship of plantiff to tho child is, that of mother, Th.
plantiff currently resides with the Following person'l
Name
JOBe A. Toledo, Sr.
Jose A, ~oledo, Jr,
RelationshiP
Paramour
Son
5, The relationship of the defendant to the child i. th.t of Step-F.ther.
The defendant currentlY resides with the followin persons I
Name Rellltionohip
Kelly(lsst name unknown) Paramour
6, The plantiff has no information of a custody proceeding concerning the
child pending in a court of this commonwealth.
Plantiff known of a person with roguards to this proceedings who lIIay
claim to have custody or visitation rights with respect to the child,
The name and address of such person is Michael La Rochelle, currently
residing at 2021 Harbor Gates Drive, Annapolis, Maryland,
The plantiff and Michael La Rochelle alleges that Mr, La Rochelle is
the natural father of the minor child, The plantiff resectfuly request's
that the defendant,Mr.La Rochello, The child, and herself submit to a blood
test to determine paternity,
7, The best intrest and permanent welfare of the child will be served hy
granting the relief requested because.
a. 'l'he defendant has withheld the child from the mother since June 16, 199'
and told the mother she would never see the child again, The defendant has
been discharged from the united States Marine Corps on June 20,1997,
b, The defendant has abused the mother in the recent past and the mother h.
filed for a protective order,
c, The defendant has refused to alloW the mother to see her chi11 on previl
attempts of thp. mother exercising her visitation rights,The defen~ant has
continuously frusterated the mothers attempts to see her child,
d, The defendant is not the natural father of the child and is clearly not
intrested in the best intrests of the child, as witnessed by his refusal to
allow the mother to Bee her child,
38
"'."',
"'""
...~ .-'-- --..-.......... , ..~ ... - '
8. All o~her pereone, named beloW, are known ~o hive or olli. I right
to cUltody or vi.it.~ion of the child hive been given notice of the
pendency of t.hi. Iction and the right to intervlnsl
Hichael La Rocelle.
9. The defendant i8 in violation of ~he custody aoree.ent between the
defendant and the p13ntiff as entered in this court #96-4\77.
Wherefore the plantiff respectfully reques~s the court to grant full
legal and full physical custody of the child to the mother.
RelpeotfUlly SUbmitted,
Deenna H.
80 Fisher Road
York Haven, pa 17370
, ,
3~
, '
,~
_.---...--~.
J' ,...._~
CHILD CUSTODY AND VISITATION AGRIIMINT
This dooument is a CIH LD CURTODY AND V III 1 '1'11.'1' JON AUIU~E:MEN'r between
the Mother, Deanna Michelle Willl,,",o 6111 12-6'/110, "nd l:he
Father P~ul Edward Williams 19354-1411.
We, the Mother and tho Father, oql'lH'! thAt the following
statements are truer
That the Father agrees to the following.
a, Agrees not to pursup. Bny child support from the Mother.
b. Agrees to pay for Bny cost: of <IBycare, medical, dental,
private schooling, clothing, toys, vacat ions, flavings fund or
college tuition. The Father will pay All coste that may he
lllcurred in the best interest of the child while in his care,
PRIMARY CUSTODY. The parties agree that the Father will
have primary physical custody and control of the minor child,
Paul Edward Williams Jr. 184-'/6-2;),21, born January 11, 19915. 'rhe
Mother will have opecified vlaitation rights. This is in the
best interest of the child, and the parties are fit and proper
for these roles. This agreement will have the force and effect
as if it were a Court Order. The Father agreea to file and pay
for a divorce and the Mother ogrees to connent to B divorce and
sign all documents pertaining to the divorce, and the Mother
consents that this agreement will become a part of the Court
ordered Divorce, and violation of this sgreement will result in
contempt of court. At all times here Bnd after, the periods of
temporary physical custody by the Mother for the minor child is
governed by the terma below.
SPICIPIID VISITATION. The Mother shall be entitled to '
reasonable visitation righta. The Mother shall be entitled to
atleast two daye per week which will b~ daye that are agreed upon
by both parento. If the parties cannot agree as to when
visitation will occur, the Mot.her shall be ellt1tled to the
following visitation rights, and the Father shall allow and
encourage the same I Wednesdays and Thursdays to be returned to
the ~'ather on Friday, or Friday and Saturday, to be returned to
the Father on sunday, and thin will be a bi-weekly arrangement.
The Mother shall give the Father at least forty-eight hours notice
before exercising or canceling visitation.
PAlll 1 OP ..
EXHIBIT "B"
Yo
,
.._._h
Tne ",orner .h.ll be entitle-a to reasonable vlllitation at such
other times all ill mutually agreeable to the pllrties, The Father
agrees not to unreasonably withhold consent to visitation or to
hamper or frustrate the Mother's attempto to exercise visitation
rights. At no time will either party remove the child from tile
Continental United States.
VISITATION Ir PAR8NTS LIVI OUTSIDI A ONI HmwRID NILI RADIUS. In
the event that both parents ore not living In the same area, tile
Mother shall be allowed visJ.tation every other weekend if
geographically practical (within two hundred miles), and every
other Chrlotmas, and every other Thanksgiving. 'I'he Mother shall
be allowed all Birthdays if it is geographically practical, The
Mother is entitled to an uninterrupted Fourteen day period of
visitation with a thirty day notice by the Mother to the Father,
Cost and transportation, to and from viaitatlon with the Mother,
is to be provided by the Mother. Both parties must givs a sixety
day notice prior to any change of address. This agreement
supersedes the Specified Visitation agreement listed above.
LOGISTICS or VISITATION. Visitation shall be governed by the
following rules r
a. It shall be the responalbility of the Mother to arrange
and provide for tranaportation in conjunction with visitation.
b. Both parents, during their time with the child,
shall promptly notify the other party in the event of a medical
emergency or any situation that requirlls medical, dental or
other health care for the child.
c. Both parenta shall disclose any address, and phone
numbers where the child will be during daylight and evening
hours, and promptly notify the other parent of any changes.
SIT'l'IR or PIRST CHOICII The noncustodial parent (the par.ent
without primary physical custody) shall be the sitter of first
choice for the child and tho Primary alternative child care
provider when the Cuatodial parent is absent and would otherwise
use a sitter, neighbor, friend or relative for thin tuk. It the
noncustodial parent is absent during visitation, the noncustodial
parent is subject to the same provisions.
PAQI :z or 4
41
"
i
-.,
w*n.rk.. AnO ~uu.~TIOd. Both parties will cooperate fully in
obtaining and maintaining all child related military medical
beneUt. and doing any acts necessary to obtain sel"vic::e-connected
Bupplemental insurance coverage and medical trp.lltllllmt beneUts,
Both parties authorize the reloase of information about
reimbursements from CIIAMI'US, military or civilian medical
carrier, Bnd they waive any contrary or conflicting provisions of
the Privacy Act.
UNCOVIRID HIlALTH CARl IXPINSIS. Uncovered health care expenses
wUl be paid for by the Custodial Father.
Upon satisfaction of the above terms and conditiona, the Father
is given primary Physical cllstody of Paul Edward Williams Jr,
184-76-22:H, born January 11, 1996.
EXEctrrlON AND ACKNOWLEDGMENT
IN WITNESS WHEREOF, 1 have at Headquarters, Fourth Marine corps
District, New cumberland, Pennsylvania, this 14th day of June,
1996, set my hand and seal to this Custody and Visitation
Agreement consisting of four (4) typewritten pages, this
included, the preceding ages b~aring my initials.
'1/
STATE OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
On this the ~!t~ da~~f June, 1996, before me, a Notary Public in
and for the~,personally appeared Deanna Michelle
Williams, 610-12-6780,known to me to be the person whose name is
subscribed to the foregoing custody and visitation agreement, and
acknowledged to me that she voluntarily executed the same for the
purposes therein contained.
Witness my hand and Official seal of the day and year first
above written.
c.vr v.S,.c.t.rL
SignBtur of Notary pu~iJ'rLh
My Commission Expires~
PAO' :5 or 4
4:(
, ..~'\~.
.' .
".. ,
.
. -
:\- ,',"'.. "'. '
~( l~, ~ )~',~ r~~ ~.,' ,I . I
, .' ,'",. j' ...
" "
. .J ~:.... ~ " ...,.)
~ ',' .
'.
..737~2033
." i r~'.~ .. tf
".'., '28.
,,~ ,t4, :!;;;.~. .
. '.
PAUL II. "U,LIANS r IN TUB COURT or COMMON PLBAS or
I'LAIN1'IFF I I CUMBBRLAND COUNTY, PBNN8YLVANIA
r % -4/1'7
v.. I CIVIL TIIRM
r
DIWINA N. IfILLIANB I
DEFENDANT r IN DIVORCB
ORD..
AIfD NON, on thh .:2?;tj. _ day of ~.
upon coneideration of the within PETITION TO CONFIRM
it i. hereby ordered and directed as followsl
, 19911,
CUSTODY,
1. Primary physical custody of the parUesl minor son, PAUL
EDWARD WILLIAMS, JR., born on January 11, 1996, will at all
times hereinafter be with the natural Father, PAUL E. WILLIAMS.
2. The child Custody and Visitation Agreement attachsd hereto
and marked as "Exhibit A" is incorporated herein and made a
part of this Court Order.
bY THE COURTI
/sl ~~ a..l~
J.
TRUE COpy FROM RECOIlD
I" T~"imony \Vh~rto'. I h.re unto sel my"'''''
'"d Ih. Sf.1 0' wid COllrt II Cdrll~le, PI.
rhl. ..:l'~: d.y O"~q.. 19.~.t
.............~...(~..,..~~lo/._
,Cfti. . PrvlllonOrtry
EXHIBIT lie"
~~
'r,;
~~
~'(~'"
"
_I,
.J, '
hI
II' '
(
~
...
-,
"
el
,..I
..
N
,;
'I,..
.n
N
1$1.:
,"')
~
....
I"
..;.'
! ,I . ~
.:. ,I
l. ,. ~,j
(~., ,~,
, ;i
. 1;\
!:.r;,
I ()'.'l.
~
, ,
,
"
"
"
"
'i
"
','
"
"
.,
"
,
'.
,
,
"
'.
"
"
"
"
,
" "
"
I "
,
., , ,
"
"
II , ,
,! ,
, I: ~
, ,
,
v
'~
"
,
,
",
....,
,-,
.
PAUL I. NILLIAN8,
Plalnt:1ff
IN THI COURT or COMMON PLIAS
CUMBIRLAND COUNTY, PINNSYLVAlIA
Y.
NO. 96-4177
CIVIL ACTION - LAW
CUSTODY ACTION
DllUItfA N. NILLIANS,
Defendant
ORDER AND N9TICE
A oomplaint has been filed in the Court of Common Pleas of
Cumberland County concerning cuatody, partiAl custody and
vililitation of the following childl Paul Edward Williams, Jr..
The Court has learned you claim custody, partial custody or
visitation rights with respect t'J the child named.
A hearing will be held in Courtroom of the Court of
Common Pleas, Cumberland County Cllurthoul!le, Carlisle, Pennsylvania,
on , at / .M. . If rou wish to assert your
claIm to custody, partial custody'or visitat on rights with respect
to the child or wish to prellent. evidence to the court on thoDe
matters, you should petition the Court, on or before the above
date, for leave to intervene in the proceedings.
YOU SHOULD ~AK~ THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD O~E, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHEn:;: YOU CAN GET LEGAL HELP.
Cumberland County Court Administrator
Cumberland COl.nty Courthouse
Fourth Floor
Hanover and High Streets
Carlisle, PA 17013
(717) 697-0371 Ext 6200
AMERICANS WITH DISABILITIES
ACT O~ 1990
The Court of Common Pleas of Cumberland County is required by
law to comply with the American.3 with Disabilitiea Act of 1990.
For information about accessible facilities and reasonable
accommodations available to disabled individuals having business
before the court/ please contact Ilur office. All arrangements must
be made at least 72 hours prior to any hearing or business before
the court.
Lf7
~
".....
PAUlo I. WILLIAMS,
l'1alnt:Uf
IH THI COURT or COMMON PLIAS
CUMlIRLAHD COUNTY, PINNSYLVANIA
Y.
HO. 96-4177
CIVIL ACTION - LAW
CUSTODY ACTION
DIANHA N. WILLIAMS,
Defelldallt:
~D NOTICE
A complaint has been filed in the Court of Common Pleas of
Cumberland County conoerning custodr' partial oustody and
visitation of the following child ~ pau Edward Williams, Jr..
The Court has learned you may have a legal interest in
oustody, partial oustody or visi~ation of the child named.
A hearing will be hsld in Courtroom of th~ Court of
Common Pleas, Cumberland County Courthouse, Carlisls, Pennsylvania,
on , at , .M. If you wish to have
custody, partial custody or visitaTIon of the child or wish to
present evidsnce to the Court on thoss matters, you should appear
at the place and time and on the date above.
If you have the child in your possession or control, you must
appear and bring him to the Cour"house with you.
If you wish to claim the right of custody, partial custody or
visitation, you may file a count.erclaim.
If you fail to appear as pl'ovided by this order or to bring
the child, an order for custody, partial custody or visitation may
be entered against you or the Court may issue a warrant for your
arrest.
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
BET FORTH BELOW TO FIND OUT WHER$ YOU CAN GET LEGAL HELP.
Cumberland County Court Administrator
Cumberland County Courthouse
Fourth Floor
Hanover and High Streets
Carlisle, PA 17013
(717) 697-0371 Ext 6200
,"""\
"..
PAUL .. WILLIAMS, I IN THI COURT or COMMON PLIAS
I CUMBIRLAHD COUNTY, PINNSYLVAlIA
Pla.l.nUff I
I
Y. I NO. 96-4177
I
DllUfIA M. WILLIAMS, I CIVIL ACTION - LA"
I
Defendant I CUSTODY ACTION
PBTITION TO INTBRVEN!
AND NOW aomss, Michael R. LaRochelle, by and through his
attorney, Thomas D. Gould, and files this petition to intervene in
the above custody matter based on ths following facts.
1. Miohael R. LaRochelle, residing at 2021 Harbour Gates
Drive, Apartment 253/ Anna~olisf MD is the biologioal father of
Paul Edward Williams / Jr., born ,January 11, 1996.
2. Deanna Michelle WilliElms (Pack) residing at 80 Fisher
Road, York Haven, York county/Pennsylvania, is the biologioal
mother of Paul Edward Williams, Jr..
3. Paul Edward Williams residing at 706 River View Drive,
White Oak, Pennsylvania was the husband of Deanna Michelle Williams
at the time of the birth of Paul Edward Williams, Jr..
4. Paul Edward Williams and Deanna Michelle Williams were
married on August 22, 1992.
5. Paul Edward William, Jr. was born on January 11/ 1996.
6. Paul Edward Williams, Jr. was an eight (8) month
pregnancy.
7. At the time of conception the Williams were separated,
with Ms. Williams residing with 'ler mother in Washington, D.C..
50
.
.
B. Miohael R. LaRoohelle engaged in Dsxual relations with
Dsanna Williams whils she was sllparoted from her husband and
residing with her mother.
9. In 199B at the Uroloqy olinio at the Bethesda Naval
Hospital, Paul Edward Williams was diagnosed with Sertoli 011
Syndrome.
10. Sertoli Oli Syndroms is 0 scientifio term for a medioal
oondition meaning that Mr. Williams I hod a non-functioning cell
that was needed to produce sperm.
11. As a result of the diagnosis, the Williams were deemed by
the military to be an infertile couple making them eligible for
free artificial insemination.
12. Using a donor sperm Ms. Williams was artificially
inseminated on three occasions.
13. Ms. Williams failed to beoome pregnant as a result of the
artifioial insemination.
14. As a result of her int.arcourse with Mr. LaRochelle, Ms.
Williams became pregnant with Paul Edward Williams, Jr..
15. After becoming pregnant with Mr. LaRochelle's child, Me.
Williams advised Mr. Williams of hsr extra marital relationship and
that the child was the produot of her relationship with Mr.
LaRochelle.
16. In an attempt to salvage thsir mlirriage, Mr. and Ms.
Williams elected not to notify Mr. LaRochelle of his fatherhood.
17. Despite his knowledge that Paul Edward Williams Jr., was
not his biological son, Mr. Williams held the child out as his own.
2
5/
~
"..,.
I
18. Unfortunately, marital aimoord oontinued and Mr. and Ms.
Williams separated shortly after Palll Edward Williams, Jr.' s birth
and divorcsd on November 16, 1996.
19. At. the tims of their final separation and diVorce the
Williams entered into custody agreement.
20. Hr. LaRoohelle was not made a party nor was he informed
of the custody action regarding his son.
21. In a Petition 'fo Modify Custody filed by Hs. Williams on
or about July 7, 1997 sho alll/ged that Hr. Williams had left
Cwnberland County with her sonl thereby, intsrfering with her
relationship with her son.
22. Pursuant to Ms. Williams' petition, Judge Hess issued an
order dated July 7, 1997 whioh gr,snted Ms. WHliams full custody of
her son and ordered Mr. Williams to return the child to Ms.
Williams.
23. In her petition Ms. '~illiams statsd that Michael R.
LaRoohelle was the biological fat"er. of Paul Edward Williams, Jr..
24. The court has not issued an order pursuant to Pa. R.C.P.
1915.6.
25. Mr. LaRochsllo first l,aarned of hill fatherhood when Ms.
Williams contacted him in late Jane 1997.
26. On July 11, 1997 Mr. LaRochelle had his first contact
with his son.
27. Baltimore RH Typing Laboratory drew blood samples on July
14, 1997 from Ms. Williams and Paul Edward Williams, Jr. and on
July 15, 1997 from Mr. LaRochell~.
J
5:(
~
,.....,
28. On August 4, 1997 the results of the DNA paternity te~t
was reported by l.laltimore RH Typing Laboratory.
29. The report oonoluded that there is a 99.97\ probability
that Mr. LaRochelle is the biological father of Paul Edward
williams, Jr.. A copy of the l'eport attached as exhibit A.
30. Although Mr. LaRochelle lives in Maryland, he has driven
to Pennsylvania each Friday that Ms. Williams has had custody of
Paul Edward Williams, Jr. since July 11, 1997 to visit with his
son.
31. As a result of Ms. II'i11 iams, petition a Pre-Hea/:'ing
Conference before Michael L. Ba:1gs was scheduled for August 14,
1997.
32. Subsequent to Ms. Williams' petition, Mr. Williams filed
an Emergency Petition For Special Relief on July 26, 1997 seeking
custody of Paul Edward Williams, Jr..
33. On or about July 25, 1997 Judgs Hess vacated his July 7,
1997 order.
34. Ms. Williams, on or about August 14, 1997, provided Mr.
LaRochelle with a copy of her petition.
35. Mr. Williams, Ms. Williams and Mr. La Rochelle appeared
at the pre-hearing conferenoe before Michael Bangs on August 14,
1997.
36. Although Mr. Bangs allowed Mr. LaRochelle to attend the
pre-hearing conference, he was not included in the subsequent
temporary custody agreement.
4
53
H' 'J-V':Rj.;t:', ...... Ei-olr:f'~:':1i 1=.... r,PI~~ Lt-"4S ~_
. .HAL TIMor',", KH .1 YPING LABORA 1 JRY
400 WEST PI\A/'IKl.JN STRl!ET 0 BAJ.. TIMOIll!, MD 11201
oJ ll' ~,,~ (1':7;;
F,I':i
Arm : H'~~ul l.P.Q,;h~l'.
70Z tIler A"......
AAn'!l<llls, MO 21'OJ
tt&'
R,~O~ a4t~: 08.04.1991
Mothtrr Wjlll.~. Oe,n", "ten,ll,
Cnild: Williams. Paul
Father: laRoch,rr.. Mich..l R
t!S e'rt.! ,,' ~.'...
.....,.......,..
.,....................... .......................... .........................
Wk'-e
-'-'1.'
"ill..
SNlM OAT!
Q7014.1997
07, 14, 1997
Ol'l~. l'lq,
...-......n.~N.mlNr
n
aNA (RFLP HAE!r!)
~24Ca2SU): 1.Il3kb/l. L9kb U3kb/l.83kb Z.93kb/l.73kb 5.337
t!lq7(OlOSZ8) : 2, OTkb/l. 79kb 4. 48llb/2.OTkb 4.lISkb/2.13kb 43.478
PI1.10CD4S1.J9) I 9. 94lcb/3,23kb 9,94kb/5.20kb UAItb/5.20kb 12.255
On the buls of,l1 11stlll.$ t.sted, (Hieh..' ~ LIRiJcI1.lI.) e.nnot b. IIXClUdtd II tht flth.r of (Paul Willi,.,).
CoIO',* PlUmiey l"df)Pl 'S:Jn to 1 Pat.rnlty Pr0b4billCl- 99.97a Prior Pi'I'Jb,billtl- 50,n
.........
. tn. u ers! SUflff'illOr 0 t a , or,torl.
hlye Ptt'fol'lltd Cutinq IIId InClrp"ced rellUlts on
the potrSOr1$ noed ht"tn: .nd. """by ee~ffy that
~~ .r. tl"Je &1d 4C<:\Irate.
ranc s. : ,rl . ~. ecu.r IltC1ClS
a.J,..'r
RoDtrt e. Ittrrk. ". a.
. L9~
(410) U5.9m FAXJ (4LO) J8J~8 PED 101'2.0547422
ror~ FI.0Ol
57 C'1lh,'h:i 1-1
,
"
i'
.
I, ~~
~
" -
C"
~
Il.
~ " i
.1
~ CI
~ N ?:; ~
.. .'
U l~ I \'1 ~'.\_~
L~':'- :'f: ' 1.1 ~
fl': ~II '.' ~r'
'11 ,~. I )'.:i ,
~):'; ,'" ' ~ ,-;j ,
Jfj N
Ii I"~ fl" ,l,t,j
',L .", ',"11
~-
~ "'~
'g
II" ,- "
Li C1' I;-! ,
"
,
)1 ,
"
, , I;
I ,
, ,
, ,
I ,
"
" "
" " p
, '
"
, "
, ,
, , ,
"""
,-...
5, The Plaintiff's position on custody la all follows: Plaintiff wllnts primary
custody of the child and wants Mother only to hOVll custodial tlma with the child on
an alternating weekend basis, or at most one weak per month,
6. The Defendant's position on custody Is as follows: Defendant asserts
that Plaintiff 15 not the fether of the child and that he was only put on the birth
csrtlflcate at that time to accommodate their relationship. Shll has since learned
that her current paramour Is the father end allegedly they hove the blood tests to
verify that fect.
7. Need for separate counsel to represant chlld(renl: Neither party
requested.
8. Need for Independent psychological evaluation or counseling: None
requested and the Conciliator does not believe any 15 necessary.
9. Other matters or comments: This 15 a situation where we've reached a
temporary Order pending the Intervention by someone who allagtJs to the be the
natural fathar In this CBsa to assert his custodial rights, The supposed natural
father. Mike LaRochelle, appearad with the natural mother with what he purported
to show 05 a blood teet verifying that he Is the father of the child. He wanted to
exert his rights at tha custody conciliation. The Conciliator indicated that he is not
a party to the action and that he needad to intervene and seek permission from the
Court to establish his perental rights. The parties were abla to come to a temporary
agreament to share the custody only until a final determination has been reached as
bl
.
. " , J'
" ." , ! i'l
'\' " ,I, I,j "
I. ,I.
,I I " " '. "
" .,
., , I "
i' },
I ,
, , I " ., 1',
'} I, I "
" I, 1:1
, I , "
" ,'il I
, } ", H,I
i ., , I "
I, ,
"
,
I, " 'l
", I
,
.
, .
-.
.\dmllled 10 Pl'llCtiq~ hi
I'cnnlylVIIII.1Il NCIII Jc~ey
, ,
Michael G. Olevar
Attorney at I.aw
.17" dlld North Chu"h S'rr,"
PO 110. 155
~h1I1'lYiII. I'ollll'ylvlIllill I H23')
l/-/ :.J"" '1
r.1I (717) 455.~800
l'iIl< (717) 455.691)0
.
.
"
I,
"
, ,
\
,
I
'I
11'
"
"
I'
....1 ri, "
... "-'" I
, I
[,I II,
t" ..
'1.lf:: ,,-'.
. .
l , I.
\.~ .': J .. ,
",\ 'I
1,.1 j ~ . .
\,',: ~,
t I I I I
f.'I , I
'.
I '"
I'" ,
I' ll.l" I
....' ,,'
"
;11
/,
I
I' I'
,
I I 'I
I ,
I
,
.,
I'
I I
I ,
I' 'I I "
I I,
, I '1 I
" ,
,
I "
I,
1
, ,I
I
-
~
.--'
PAUL I. WILLIAMS,
Plabl:Uf
IN THE COURT or COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 911-4177
DIANNA H. WILLIAMS,
Defelldallt
CIVIL ACTION - LAW
CUSTODY ACTION
PETITION TO SET HEARING
AND NOW comes ths Petitioner, Michael R. LaRochelle, by and
through his attorney, Thomas D. Gould, and files this petition
seeking a hearing on his Petition to Intervene based on the
following I
l. The Petitioner, MichaeL R. LaRochelle, filed a petition
to Intervene on August 22, 1997.
2. This honorable court il~sued an Order on August 27, 1997
giving the respondents 20 days to respond to the petition.
3. On or about September l5, 1997 Respondent, Paul E.
Williams, filed his response.
4. On or about September 17, 1997 Respondent, Deanna M.
Williams, filed her Praecipe of Concurrence.
5. The parties have not been able to resolve their
differences.
WHEREFORE, petitioner requeats that this matter be listed for
argument before this honorable court.
Respectfully submitted,
7X-.... D. .~
Thomas D. Gould
I.D.#36S08
2 East Main Street
Shiremanstown, PA l701l
(717) 731-1461
'1~
!~
PAUL II. WILx.IAMS, I IN THE COURT or COMMON PLIIAS
I CUMBERLAND COUNTY, PENNSYLVANIA
P1ainUU I
I
Y. I NO. 96-U '77
I
DIANNA M. WILLIAMS, I CIVIL ACTION - LAW
I
Defendanl: I CUSTODY ACTION
CERTIFICATE OF SERVICE
AND NOW, this c(r\ day of October 1997, I, Thomas D. GOUld,
Esquir$, Attorney for Petitioner, hereby certify that I have this
day sent a copy of Petitioners' Petition To Set Hearing by
depositing a copy of it in the United States mail, postage prepaid,
addressed to:
Michael G. oleyar, Esquire
P.O. Box 155
Milnesville, PA 18239
Aaron D' Parnes, Esquire
17 S. Market St. Suite 310
Harrisburg, PA 17101
DATED
ID (tiff)
-r~'WI D. ~
Thomas D. GOUld, Esquire
IO # 36508
2 E. Main Street
Shiremanstown, PA 17011
(717) 731-1461
Fax 761-1974
??
~- "'....
-- ,
,"-',
.-,
'AUL .. WILLIAMS, , IN THI COURT or COMMON 'LIAS
, CUMBI~D CPUWTY, .INNSYLVANIA
,laiDtUf ,
I
V. I NO. 9li-U 77
I
DIlAJflfA M. WILLIAMS, I CIVIL ACTION - LAW
I
DefeDclal:ll: I CUSTODY ACTION
OM'l\
AND NOW, this 11'7A day of October:, 19117 upon review and
consideration of information contained in the pleadings, it is
hereby ordersd that a hearing be held in Courtroom #~, at
IO:()7) 1',. m. on D'dJ,mtC(J.A/ ~, 1997, to resolve the issues
raised in the Petition To Interv~ne and the resulting Answer.
BY THE COURT I
--t<t.. 1'1 t/-.~ ,
J
~
, I
"
, I
,
I'
II
I
78
:!,'I';,".h "~I
'i ,.II'
,
.\1' 'I"
'I
,
, ,~'i
\,'j'":"
, <1\
'i'\>!
, 1'.:11
. ' :;~:i,I,/('
'i"
"
,
d '.',f
.
,',"
"
'~' ',I', ,',' ,
. ',I',',',
, ,
'I"
'ii',
')'1
:"'.'"
":1'
'jl
:,','.;;;!,
,;'
,!'j.,
,
"
ill,'
il
"
,
,'I,'
..'
"',
II
I,'L'
" i'
"
",
"
"
I'i
",
"
" ,
Ii
,/11,,"
,;"
'"
"
"
"
,,\11
,I
,
,
"
:1'
"
','
','
I
,I
it I,;
I I'"
"
'"I,"
, , "
I, ,
, '" , ,
, .I, ,
" " 'I ,(
, ", , , 'I
,
\1 o'!
I " ,;
I'
..', , , ,
"
.1 \:
I
" ,
,I
,
I
(I"';
b
,Jt
",
"I
"
I
"
,!!I
!,Iil,
,
"'
'I
'..
I"
ji
, '
I
'..l
"
",
.,
I
,"
"
,I
'"
," I
I "
I
" "
i'J Ii',
'I""
,
,
"
, i".'
I . "
)
"
"
'I
"',
, !
, III
,
"
"
"
',,
I,
J "I
"
"
"
,,.'1 II, iJ
"
"
"
"
, '
i"':""/i"/i';'i,~hi
" ,I" 'i~' ,',: rh'jl~\~i~~!~.iI
',,;i""i,n'''')'l',l''''''\i'
1'/ ,'ls',X'W4;>>I;lj'
",)': "l,';J~:;;~;;["il{',N':i
,. '" "-'I"-"t..t',,_,U'
,,' ""i::::i1Itv:m"\I!
I" 1;j'\_!l,!ji. -f.H
." '{'I '~i\
,,' "!i~:'~;:li: ~ 'k'
'" 1'\' 'I. k .,
"" ftIpIII:'/ 11 't &J
I' ,\i {I II "i j'
,\, ,(\11 1((1, '1 ,I ,~
',i 1",:',(1 \ 11 ,(;
, , ' "I'lli, 'Ill' ',/0 'l(
"" . '~~""";'],1 ":Il'wl'!\l~"
, 1':'I,j,'h~l, /\1 ~1'! \~r
, i" 'j, \'~ ,i't,1':1'; fj
, I "I <II "t/'., II,l1J~
I' I 1.' , d 1,!~IH~
'I' 1 I ,ll't Ill: l',rl "\'1.1
, . ,oJ,' \.JI1;;\I}~I.vJlt.
'r' F II/ HI l';-fll\L..~"
I ' r'r'lIOlII'UI,
I , 1 ,I. 11~1~~''1l~\ U't;\)
't ' ":', / )" ,.'Ji:Ji.t;r:Jt!:Vki:*-
) ! ~ . "Ii" 'I I~ I'
11;:1" !I,~J\ . ~I( \,1't~~":"~)\11
I I' ,{,,'''II ,.1,
" ,I \1 "II,il'tI'l""
I I I ,'lj .1. IJ~ ~ j
, ,/1 "IJ "'\'11' ,11'
! I , ,,1',',': '~F'III>l~:;'
11 r, ,1 '. 1'1 ,fI V rt\~'.
" ",! /1 f ~ I)/-I"J'
, . ! I, .'1, f ,j,'l~ " I
,,' I" " ,,' /.; \ ~ 1'1 (
I " "'./1' \./, ~I,. ,"
, "'I t. 'tl" "'K
I ", \1 '11'1' ' 'I :, L" j, II} II ~
\ '\ . itf'l" II'j I ~ It \f,;
I " ", \ " 'I J, 1'1 I ,,' I", -~ '\,1'/"\ .
'I I j I,: ,\ , 111' '(.lJ' ~J f,' ~ 11\' t<tl
I' I l "r '~'\1"1,,1 'JI!'I:;,hll7N~
, '" "Ii ,'" 11,)1 " j AlII' I 'l~l' ,I ,.-}
, J ' "j I ,,' ' -\'1: ~\
If'" , . i 'I I '\d, ',"1.1'>1' ,f I :I,('~ '!l,c ,
r,' .1, l" _" " ", Ii '.tI4jll,'
"" r" ~I ,[ \ .J , , '," '~h l'I'I",,'I~S'
I" ' 11 \ 'r1 ",. "I, \,' \"I;'U'
, 'r)/ ",": 1~11"1"\\I/;I;~'}f\~I~.
I ' I l', I " l \ ' " 'f \~ tt}i .
, . ,1\,', 1, 'II:!: I," l/lIL'/''':''3''\
\ I 'I I, "\'.' '.' I I , :,l'} Ii, "1;1411"'" ~
, " '!, 1, '\ : ,J '1 II ' '- ~ I "I" ~(~l; ,.;' ~
, ,\, I I I ','l ,1.11,':,1;, ,1,'q ,j"l~~;'i
" I'l, 'I',,) ',i\'1,1'~U;'r;~"
. I ", ~ : "'I.,i{l,,' ~1,{~',
),f,!,I" Ill:,', l.'r',l't
" I"
" ,\, III j"1/.\t
I ",' I I "'il' "I)~}llll,;
" I llf' \ \"} ,'t
1"\' ,J , '.\,II,.)IJ
, ~ . ,., '/ -", ~'IC'\.
,", "\ t ,.\,:)'J.j}"'~"ic},~~l)l#lti~~
., ,';",';.I.tl'.'1,,'.l_rl"'i:_1ir-,'i
, I., ";..,'.I.,.......<~'JF, '.'J""
"t" ; >>::'!:',':~\!,I'~'!_\~;',/f~!']~\~;i.
" ,:/,:'\:' i,.~I,\,\l,'\
" "'"""1"I/'fli,fl,'Ijl.l1'
';/'\',j-'.:'\n i"W'lI.lf1 ~
",I,. ... ,q.. ..!, .,r.,...., " ::"- .~~.'II,
II
i,j
"
"
,
,
"
"
"
,.'1
',']1',
,
,
"
,
"
,I,>
"
"
,I
\,
'I
I'
"
-'/_"
. ,!;'
,
.~ i
,-,.\
'Lill_' J I"~
11'11 .
\\-, J
,
I'l.l!
\ "
" J';
,
,
'1(',;
';f,
,
'I;
1-)',
",
.
H
"
"
"
, ,
"
"
"
'I'
" I
"
"
..
"
!II
"
,
,I
",
"
"
','
,'1,1'1
,
;01
'n
\',
/_1-,1
, I, , I , ,
1'1, " ,
1',1' "
" , ii, ,of,
"
, "
,
"
:'
"
I',
"
Ii
I
I
"
.I'
,I
I;
7({
,.,.
, I
1,,\1
.,
I'
,
,
II'
I
''i
"
"'""
I
, I
.-
PAUL m, WILLIAMS,
Plainti f f
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-4177 CIVIL TERM
~USTODY ACTION
V
DEANNA M. WILLIAMS,
Defendant
IN REI PETITION TO INTERVENE
ORDER OF COUR't:
I
AND NOW, this 8th day of Deaember, 1997, after
hearing, oounsel are given two weeks within whioh to file
I'
memoranda.
By the
c~urt, i-
ess, J.
Thomas D. Gould, Esquire
For Michael R, LaRoohelle
Miohael o. Olerar, Esquire
For Paul E, Wi liams
Aaron D. Parnes, Esquire
For Deanna M. Williams
1I:)g
C.o-&\U4.... (),,~J.lol 1;)'/,01 "'/.
~. "fl.
! I
"
80
1""\
.
rilll,
,"
,
"
,II. II
I:!: "
'1.1 r~: i' I t! I'I! :: I 11'/
ClJ' "
.. .t.1 ,
I,'"
1:1,,',
, I
,101)'
I,
,'11;\;'
"
'.i
,
,
"
, "
" "
d , ,
, ,
" f!
" , "
, "
Ii " 'I
ii,
,/
I
I
, ,
It
, ,
"
.,', "
,
, I "
" "
I ,
I I, " "
I ,
,', , I
I Ii'
,., ,
,I' 'I
"
, I
I , "
I
" ,
I
I
",I
, , " 'I
III "
I I
I I "
"
,I
I~
\
~
-~.
96.4177 CIVIl. TlmM
10 Mr. W. uboullhe ul'Ullclullllselllhlulloll helllW successlillulld lied 10 Mr, I.ult UhllUllIOI belllW
prcWllulI1 ulull.
(luul Jr. WUM born 011 JUlluur)' II, 191)6, while MI'. Ulld Mrs. W. wcre slilllllurrled ulld
IIvlllW lowelher, Mn. W. leslllled lhul she lold Mr. W. 111II1Ihe child wus his IIlld lhul she hud
do lie lhls ill UII ulIelllpllo sulvuwe lhelr reluliollshlp. III Murch of 1996, MI'. Ulld Mrs. W.
sepuruled ulld u divorce ,Jecree wus efllered Oil NOl'elllher H, 1996. Mr. W. look )lrllllur)' ph)'slcul
cuslud)' ofPuul Jr., while Mn. W. WUlllcd 0111)' vl~IIUlioll.
Mrs. W. lesllllcd lhul she UlIelll)lled 10 COIlIIICI Mr. l.uR. 10 lcll hllll he WUM the falher of
Paul Jr. III Murch of 1996, hUI wus illlrJl'fned hy hl~ roollllllule lhul hc was in Irclund gelllllg
tnurrled, Mr. LuR. leSlilled lhul hb 1'l101lllllale Ilever guve hlllllhe lIIessuge. Frolll Murch of
1996 uII11I Augusl 14, 1997, Mr. l.uR. Ilever look uCllolI lousscrlllllY ullegcd righls of pUlernlly,
cuslod)' or vlsllllllon of Puul Jr.
On Jul)' 29, 1996, we ordered lhal prilllur)' ph)'sicul cuslod)' of Puul Jr. he Wllh Mr W.
Mr. W. hus bcen the prhl1ur)' cure giver of (luul Jr. since Ihe llllle ofscpurullon. Mrs. W. hus hod
vlsllaUolI of Paul Jr. lWo du)'s hi.weekl)'.
011 Augusl14, 1997, Mr. Ulld Mrs. W.ullellded u Pre. I leuI'I Ill! Cuslod)' COllclliallon
Conference before AlIorne)' MichuclBungs. Mr. l.ult wus II110wedlo ullend hmllol parlicipale
In lhe cOllference. AlIorne)' BUllgs recollllllended Ihul bolh legulund physlcul cllslod)' of Puul Jr.
be shured belwecn Mr.ulld Mrs. W. 011 Augusl27, 1997, we orderedlhul Mr. ulld Mrs. W. have
shnred legalalld physical cuslody. Olllhal sUllie du)', Mr. l.uR. filcd a pellliolllO llllervene.
2
B3
'"'"
('
'16.4177 CIVIL TEI~M
,
Acconllng loUrlnkle)' v. Khlll' __ \Ill, .__' __, 701 A,2l!176. 177 (\ '1'17). onullflhu
slrongusl prusumpllons In PcnnsylvlInlllluw Is llmlll chill! cllncclvel!nr hlll'lll!urlng Illllrrlllguls u
chlll!ol'lhUlllllrriu~e.1 This prcsumpllon I;un unly he OVl!rCllIllU hy delll' unl! eUllvlnclng
uvidenee lhlllllllhe llmuol' eOllceplloll, lhe presumed I'uther "ellher wus nol physlcully cllpubluol'
proerellllon or hud nOlleeess lolhu wll'c." hi. This presumpllollls irrehulluble whell u lhll'lI pUrlY
seeks 10 eSlllblish his own plllernlly over lhlllul'lhe hushulll!lllllllllllllclmllrrlu~e. John M. v.
Puulll T.. 524 Pu. 306, 323, 571 A.2d 13110. 131111.11'1 (\ 990).
We un: sulislied lhallhls Is 1101 u Cllse where the presumpllon'll' plllel'l111Y Is Irrdlulluble
us lhere Is Ilolnlllclmarriu~e. We ure weli uwure ol'lhe recelll Superior Conrtl)l)ldlll~ Illl~1I1h F.
v. Roberl B" 456 pu.Super. 3911. 690 A.2d 1171 (1997) whercllllhe Superlur Courl crilld:r.clllhe
lrlul courl's unulysls 01' whUl consllluled un Illlllel I'lIlnlly Inll slluuliun where lhere hud heen u
divorce. There, howcVl!r, lhe Superior Courl WlIS delllill~ wllh the quesllollol' whlll wus un
"1'llnCl" I'umlly ns II relnled 10 eSloppel. Ilot us II relUleu lolhe queslion 01' whelher or llo11he
presumpllon of pnlernlly wus rebullub\c.
A Iilernl rending 01' exlslllll:! cuse luw leuds us lU helievelhul beeullse Mr. und Mrs. W.
were murrled nllhe lime ol'lhe cOlleeptlon ulld blrlh ol'Pllul Jr.. Mr. W.ls presumed 10 be lhe
I'ulher ol'puul Jr. This Is u presumpllolllhul cun he rehulled.lhou~h we feel Mr. l.uR. hus nol
11\rlnkle)' v. Killll is II plurlllilY opillion in which lWO justices espoused lhls view. A lhlrd
would suggesl11mllhe presumplion is rUlher enslly rebulled. The rcmuining lhree jusllces dlscOUlll
lhe vlubl\ll)' 01' lhe presumplion. one goilll:! so fur liS \0 refer to ilns "l!ubil1uS III beslnnd In muny
cnses ... nbsuru:' I'll. .70 \ A.2u ul 1115.
3
eq
~
,-,
,
l}().4177 CIVIl. TEI~M
Brinkley v. Khli'hhl'u. nl._, 701 A,211 lit IHI, Thl! cuurt wcnlunlu upply this rull! tuthe
Ihcts hl!lilre II. They tilUnll Ihul Llsu ulld (Jcur~c Brinkley hull scpurutcd hl!lilrc Ihc hlrth uf lhl!
chilli unll WCI'II dlvurccll Ullhe llmc Mlhl! cUlllplulnl. The cuurllndlculcd, Iherelilre. Ihullhe
prl!sumpllunuf pUIl!lI1l1y hud nuuppllcullonlu lhc eu~c U~ lilr U~ Ihc purpo~e uf Ihc prcsumpllon
wus concerned; nume)y, 10 pruleellhl! InslllUli<ll1ufllHll'rllIge. The Suprcmc ('ourt \wnlunlu
cunclulll! thnllhl! lowcr cuurt erred. lhere/ilre. inllpplying Ihe presulllpllollOf plllemlly und
lherelilrc should hllve gUile Olllu cOil sider Ihe 'Iuesllonuf e~lnppel. In UrilJJili:~inll, thl!
coun lIppellrs hI ~hln Its lilCU~ 10 the existence ufllllHlrrlllge Ullhc lime oflhe lillng ofu
eompluinlund nul purely lolhc tillle ofhlrlh. Since Ihcre I~ nOlllllrillllunilto preservc hllhis
CUSl!, lInd IC~I we Illuke Ihe Munc miSluke us the trlul conrt inllr1ukl,'v v Kln~. we tlU'nlo the
queslionuf whether c~loppelllpplies In hur Mr. LaR, Ihllll Inlervcnlion.
bloppl!llllllY opcrute eilher 10 hilI' 1I plllil1lilT IhllllnHlking 1I c1l1illlOf plltcrnlly ur to har u
dcfcndullllhlll1 dcnying plltcrnily. ~ W. 1\llhough Ihi~ doclrine hll~ trnditionlllly hcenusl!d 10
prcwntun indlviduul frolll secklng hlond IC~ling IIlier hnlding hil11self oulto thc public us the
child's filther. it hll~ 1I1~0 hcenu~ed to prewnt Ill11ulhcr frum sceklng hluod resling to disprove
the plltemity oflhe 11111n she previously recognized In he Ihe child's Iluher. ~ C:Ln. v. N.E.E..
439 I'll. Super. 5H. 62. 653 A.2d 2N. 31 (I <J<J5). 1I11siClllly. Ihis doctrine operntes. us dOllS
l!qulluhlc eSloppel. to prl!VCnl II pllrly Ihlln tllking II posilionlhut i~ Inconsislcnt with prior
posllions und Is disudvllntugeous 10 IInolher purly. .w. (ciling In rl! Estule ofSiml11ons.Cllnon.
434 I'll. Supcr. 641, 654, 644 A.2d 791, 79N (1994).
5
fJJ,
,.
. .
~
"....
, .
96.4177 CIVIL TERM
Esloppel is based on a wry dilli:renl public policy thall Is thlt presumplhlllof palernity.
Whereas Ihe presumption of pulellllty Is dll'l!cled towurd the Iiullliy us u whole und Ihe: marriage
in partlculur, puternlty by eSloppellilcuses on Ihe Interests of Ihe child. I I' u child hus knllwn but
one luther his entire 1Ifi:, hc should not he suhJected 10 Ihe Ilotentiuliy dumUlllnl! Iraumaof
learnhll! Ihallhls centrnl nl&Ure in his Iiti: is nol wholhe chlid hus helleved him 10 be. l:is:s: w.. A
court should not act 10 delel!ltimutll.e u child who WUH horn Inlo un IntaclmUrrlul!e.
The Pennsylvunla Superior Court hus stuled II1IIt "Ihe trial court should determine If the:
putatlw luther hus lulled totlmcly exert his purentul c1uilll." 111. ut 63, 653 A.2d ut 31. In order
to make that determination, the court has used lunguage Ihlllllhe Adoplion Act which stules Ihat
a pnrenl's righls 10 a child muy be terminulcd if Ihe court Ilnds Ihut "Itlhe purelll hy conducl
continuing IiII' a period of atleust six lIlonths illlmediutely precedilll! Ihe nlln!! of the pellllon [lor
involuntnry termination of purclllul rl!lhts Jeilhcr hus evldcnced u scttled purposc or relinquishing
parentnl c1nimto a child or has refused or tidied to perlCJrlll parental dUlies." W. (Quotinll23
Pa.C.S.A. Seclion 2511 (u)( I). The courl shonld examine whcther Ihe pnrly seeking custody or
visitation has been prevenled frolll doing so hy Ihe opposing pnrly. fu:l: 111.
In this cuse, Puul W. hus cured lor his child. I'lIul Jr.. nOlonly since birth hut since the
sepnrBtion of the purties. lie hus ucccpted thc child liS his nulurnl ollsprlng since hirth. There
cun be no douhtthut, as tur us the child is concerned. Mr. W. Is his luther. The child is "entitled
10 muintnln luith in und gUlher slrength Irollllhal importnlll relationship." In re: AdQptlon of
Youn~, 469 Pn. 141, 152,364 A.2d 1307. 1313(1976). Mr. LuR., on the other hnnd, hns plnyed
6
87
,
PYS~10 cumb~rland County ProthonotarY'M Office paga
Civil ca~e Inquiry
1996-04177 WILLIAMS PAUL E (VB) WILLIAMS DEANNA M
Refarence NO,,1 f.'Lied,.".,.,1 7/23/l9~~
ca~e '1'ype, . , . . I COMPLAIN'l' - DIVOHCE l'ime, , t.. .. .. I / l~g
Ju gmOl'lt, t. , . . I .00 Execut CJn Dllto 0 80/
Ju gs Ass gnedl BESS KEVIN A SlIt/DislGntd.. 111 8/
Jur~ 'l'rial"'i
lli~ sr Court
I i or Court 2
....................................................... ........................
General Indax Att.orney Info
WILLIAMS MUL E PLAINTIFF BACH JAMES M
140 EAST GARDEN AVENUE
NEW CUMBERLAND PA 17070
WILLIAMS DEANNA M
80 FISHER ROAD
YORK HAVEN 1'11. 17370
1
DEFENDANT
PARNES AARON 0
................................................................................
· Date Entrios ·
...............................................................................~
07/23/9~
07/23/96
07/29/96
10/31196
10/3 196
10131/96
11.1131/96
18/31/96
1 /31/96
10/31/96
11/08/96
07/07/97
07/07/97
07/07/97
07/07/97
COMPLAIN'l' - DIVORCE
PETITION TO CONFIRM CUSTODY - CHILD CUSTODY AND VISITATION
AGREEMEN'I'
ORDER - DATED 7/29/96 - IN RE PETITION TO CONFIRM CUSTODY - BY
KEVIN A HESS J - NOTICE MAILED 7/30/96
CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE
AFFIDAVIT OF CONSENT - PLAINTIFF
AFFIDAVIT OF CONSENT - DEFENDANT
WAIVER OF NOTICE OF IN'l'ENTION TO RE8UEST EENTTRYy OaF AA DIIVv DEECcREE.:PLFF
WAIVER OF NOTICE OF INTENTION '1'0 HE UEST N R F 0 D REI'.: DEFT
PRAECIPE TO TRANSMIT RECORD
DIVORCE DECREE ENTERED BY KEVIN A HESS J
NOTICE MAILED
PETITION FOR CUSTODY MODIFICATION
EMERGENGY PETITION FOR SPECIAL RELIEF
TEMPORARY ORDER - DATED 7/7/97 - IN RE EMERGENCY PETITION FOR
SPECIAL RELIEF - BY KEVIN A BESS J - COPY PERSONALLY GIVEN 7/7/97
ORDER OF COURT - IN RE MODIFICATION OF CUSTODY - PREBEARING CUSTODY
CONFERENCE 8/14/97 @ 2 PM @ 302 S 18TH S'1' CAMP lIILI. - BY MICBAEL L
BANGS Ese CUSTODY CONCILIATOR - COPIES PERSONALLY GIVEN 7/7/97
07/25/97 EMERGENCY PETITION FOR SPECIAL RELIEF
07/29/97 ORDER - DATED 7/29197 - IN RE EXPARTE PETITION FOR SPECIAL RELIEF
ORDER OF 7/7/97 IS VACATED - CUSTODY CONCILIATION CONFERENCE
8/14/97 2 PM @ 302 S 18TH ST CAMP HILL BEFORE MICHAEL L BANGS ESQ
BY KEVIN A HESS J - COPIES MAILED 7/29/97
08/22/97 PETITION TO INTERVENE
08/27/97 ORDER OF COURT - DATED 81127/97 - IN RE PETITION TO INTERVENE -
RULE TO SHOW CAUSE IS ISSUED UPON PLAINTIFFIRESPONDENT AND
DEFENDANTIRESPONDENT TO FILE A RESPONSE TO PETITIONER'S PETITION
WITHIN 20 DAYS - BY KEVIN A HESS J - NOTICE MAILED 8/27/97
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT AND ORDER - DATED
8/27/97 - BY KEVIN A BESS J - COPIES MAILED 8/28/97
RESPONDENT PAUL E WILLIAMS SR ANSWER TO PETITION TO INTERVENE
DEFENDANT'S PRAECIPE OF CONCURRENCE BY AARON D PARNES ESQ
PETITION TO SET HEARING
ORDER - DATED 10/17/97 - IN RE PETITION TO SET HEARING - ~EARING
12/8/97 10 AM CR 4 - BY KEVIN A HESS J - NOTICE MAILED 10 20/97
ORDER OF COURT - DATED 12/8/97 - IN RE PETITION '1'0 INTERV NE - BY
KEVIN A HESS J - COPIES MAILED 12/10/97
OPINION AND ORDER - DATED 2/14/98 - IN RE PETITION TO INTERVENE -
DENIED - BY KEVIN A HESS J - COPIES MAILED 2/18/98
.**........*.....................w..............................................
. Escrow Information ·
. Fees' Debita Beo Bal Pvmts/Adi End Bal ·
................................f........l......,...............................
08/28/97
89115197
9/18/97
10/09/97
10/17/97
12110197
02/17/98
DIVORCE
T!\X ON CMPLT
SETTLEMENT
MASTER'S FEE
DIV PA SURCHG
JCP FEE
ADD'L COUNTS
35.00
.50
5.08
125.0
10.00
5.00
10.00
35.00
.50
5.00
125.00
10.00
5.00
10,00
.00
.00
.08
.0
'80
. 0
,00
10
I'
I I
If
JI
,
"
I
Ii
"
i !,
"
.... .:1' '., "a- t'-
1'.;
~" .-J 1 ":t' 11)
I I ~.~ l/, "\ B ~ ,~
Uft Ii'l
~ .
\'" ' ...., ~
I~ I' II!
I, ,
~li 0 ~ II
r+ 1",;-1 ,I rr) oi.
~! "
rLj' ,: 11"11
I' ,
I ;.,L :/,'..
I" 1" " )
t.) to" <-:J
i'
,
I
'I
,
!
q "
" ,\I
, , ,
,
I
"
" ;
,
,
q ,,'I
,
, " !'
,
,
, I
, , ,
,
,
,
, ,
"
"
"
"
\,
t\':
.'
if"~
III'
()':
."t
il.
,.I,J
l.fll
I.J!,
I I,
~.. ..,
I
I'
(j
, I
1.0
...:1
N)
:ri
...
J ,~..
I;.,:'
,r' ."
,I, :.
(; I
. ~'J
1,.1,
,
ILl1.!
llf;!i
'JI.'..
0::1
-
,
r.
,,"',
, '
".-1'1
1'1,j
'J'
r:
Jj
,
"
I I I,
I,
, ,
"
'I
"
,
,I
"
,.
,
,
'I
,I
I
,I
',-,
I'
, '
.'
.,
I, ,
I
I,
I
,
,
, I
"
"
"
I
'"
"
,
"
('l
"
,
,
,
I
I
I
.1
"
"
,
'I
'1
I
I
"
1'1'
"-',
,-.,
1 1'IIE COURT, We all shoUld have been
2 introduced to ea~h other in chambsrs, Let me make sure I
3 have accounted for the attorneys. Mr. Gould, of course, you
4 filed the petition,
5 MR. GOULD I Yes, Your Honor,
6 THE COURT I And you are".
7 MR. OLEYAR I Michael Oleyar, Your lIonor.
8 THE COURTr And Mr, Parnos is seated in the
9 back, The record can reflect that we did meet in chambers
10 and discuss the issues involved. I think everybody agrees
11 that it is relatively complicated from a legal standpoint,
12 though I think the factual background of the case can be
13 very easily adduced, And we must do that prior to quarter
14 of 12100. That is the outer limit in the case. We did just
15 take care of a couple matters that were set for 11100. So
16 to that extent, we have clear sailing between now and then.
17 I think we should be agreed too at the outset
18 that the mere fact that evidence comes in or that an
19 attorney exercises the privilege to cross-examine a witness
20 will not be deemed a waiver of any objection that that
21 attorney may have to the evidence. For example, you take
22 the position that certain of this testimony should not be
23 heard at all, am I correct?
24 MR. OLEYARI Yes, Your Honor,
25 THE COURT 1 And I th.tnk we need to be agreed
3
9?
~
~
1
2
3
4
5
6
7
B
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
at the outset, if that is agreeable to everyone, that the
takihg of the testimony this morning will not be deemed a
waiver on the part of 6ny of you with respect to subsequent
arguments you might make concerning relevance or
admissibility.
MR, GOULD I I agree, Your Honor.
THE COURT I Very well. We will proceed with
that understanding. Go ahead,
MR. GOULD I I would like to call Paul
Williams, please.
Whereupon,
PAUL E. WILLIAMS
having been duly sworn, testified as follows I
DIRECT EXAMINATION
BY MR. GOULD I
Q Good morning, Mr, Williams. My name is Tom
Gould. And I represent Mr. LaRochelle in this matter. I
have a few questions for you, Please state your full name?
A Paul Edward Williams, Sr.
Q And your address, Mr. Williams?
A 706 Riverview Drive, White Oak, Pennsylvania,
15131.
Q And how long have you lived there, sir?
.A Six months,
Q And when did you move there exactly, do you
4
98
1
::I
-',
.'-"
o
A
And what's your ocoupation, sir?
t am a loss prevention assooiate for PPG
3 Industries,
4 0 How long have you been doing that?
5 A Approximately five months,
6 Q Did you have a job when you returned baok to
7 your hom~ town?
8 A Yes, I did.
9 Q With PPG?
10 A No, No. My first job when I moved baok,
11 about two weeks after I got back, I was employed with United
1::1 Consumers Club out of ~ittsburgh, Pennsylvania.
13 Q 00 you have any children other than ~aul
14 Edward Williams?
15
16
17 Walker?
18
19
20
21
22
23
A
Q
No, I don't.
And how does Paul get along with Kelly
A
Q
A
Q
A
Q
Wonderfully.
And my understanding is she is oalled mom?
No. He calls her Rel-Rel.
Has he ever called her mom?
Every once in a while, yes.
But he knows that Rel-Rel is not his real
24 mother, is that correct?
25 A At this point in his life, sir, I am really
7
101
A
0
A
0
father?
A
0
A
0
children?
A
--
~
8
10)..
--
,...,
1 two abnormalities rogarding your ability to have ohildren?
2 A Initially.
3 Q okay. And what were those two?
4 A The first one was called a varicocele, sir,
5 whioh is just like basically a varicose vein, whioh --
6 0 That blocks it --
7 A No, dr. It actually bears no -. a
8 varicocele, to my understanding, sir, bears no bearing on
9 fertility whatsoever. I hava had the varicocele since I was
10 a young child. And the second one was the .- the initial
11 diagnosis was Sertoli Cell Only Syndrome.
12 0 And what is your understanding of what that
13 is, sir?
14 A Well, my understanding with that was was
15 there were abnormal cells that would not let the testes
16 produce sperm,
17 0 As a result of those two tests that were
18 conducted on you, you were referred by the military for
19 artificial insemination. is that correct?
20 A Not at first, sir. What had happened was
21 they had run subsequent tests after that that showed that
22 there was sperm. And that the diagnosis of Sertoli Cell
23 Only Syndrome wasn't complete, that there were aperm,
24 however, the numbers wer~n't that high. So they suggested
25 that instead of trying to conceive naturally ourselves We
9
10J
~
~
1 might want to pursue the avenue of artificial insemination.
2 Q Now, when you say that the count was low, it
3 was somewhere around a hundred or two hundred, is that
4 oorrect?
5 A I don't know the exact number, sir. I
6 couldn't comment on that. I don't have the medical records
7 here.
8 0 You don't recall?
9 A I don't recall the exact number, no, It was
10 in the thousands. It wasn't in ~he hundreds, It was in the
11 thousands.
1~ 0 And you are aware that if it is anything less
13 than two million, it is considered low?
14 A Yel3, sir.
15 0 And you were somewhere in the thousands?
16 A Yes, sir.
17 0 Now, isn't it true that your doctor had told
18 you that you had no chance of having children of your own?
19 A No, sir. That's not true. What Or. Patrick
20 Kel.ty had said was that he said that the chances had been
21 greatly diminished. And that's why he suggested that we be
22 referred to the artificial insemination. But he never once
23 said that it was impossible.
24 0 He didn't say it was impossible?
25 A Right, He just said that the chances were
10
101
j. .., -lit'.
,-.
...
['
1 show April. That she had reported to the doctor following
2 the diagnosis of my.. that thqre were sperm. She
3 immediately went in and had a blood test taken. And that is
4 in my medical records, sir.
5
o
You said you didn't have your medical
6 records? 00 you have them or don't yOU?
7
I don't have them with me today. So I can't
A
8 comment on exact dates. But I can comment on what certain
9 things say, sir.
10
Now, isn't it true that you told your parents
o
11 that you were going to use your sperm in the artificial
12 insemination?
13
A
Yes, sir. What the fertility clinic told us
14 was coming that summer, starting that summer, they were
15 going to have the technology to be able to do that. So that
16 was our every intent.
17
0 But you had already told your family that
Mrs. Williams was being artificially inseminated with your
sperm though?
A Yes.
0 And that was a lie?
A No, sir. That was our intent.
0 But when you told them, it was a lie? In
18
19
20
21
22
23
24 fact, she wasn't being artificially inseminated with your
25 sperm?
12
'OIP
e',
,"'
1
2
3
4
5
6
7
B
9
A That is ot,Jrreot,
Q ~ow, following the blood tl'st that I think
was either at the end of April or ellrly May, you are not
sure exactly when it was?
A Right.
Q Where it turned out that the IBl9t artifioial
insemination did not produoe a p1;egnancy?
A
Q
Correct,
Didn't you and Ms, Williams have an argument
10 about that?
11
A
Not to my knowledge, no, air.
12 Q Isn't that about the time that she left and
13 went and lived with her mother?
14
15 mother,
16
No, sir. She never went and lived with her
A
Q
She did not live with her mother?
17 A No, sir, As a matter of fact, we had lived
18 in base housing together. And we were still living
19 together, which base housing can attest to, and as well as
20 shortly after that we both signed a lease at Old City Hall
21
22
23
24
25
apartments with both of our signatures on it. So there was
absolutely no period in which we were separated, sir,
Q No period in which you were separated?
A No, sir. Not in that year. There was a
period two years before that that we were separated, but in
13
IO?
1
2
3
4
6
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ohild, She had had problems with her weight. And she was
having Sl!rious problems, And ahe ended up hospitalized
because of it,
0 And you don't recall her being rl/leased from
the hospital, and your wife, Ms, W illlams, go in and staying
with her mother to help care for her sister?
A No, sir, I do not, I remembe r Deanna going
up there on a day for II day or t.wo, but there was never a
period where she actually lived with her mother, no.
o Ann it is your testimony then that during the
period of timE! in the first two to three weeks of May of
1995, that you and your wife continued to have sexual
relations?
A Oh, yes, sir. Yes, sir.
o When were you notified that Ms. Williams was
pregnant?
A It was shortly after we had moved into the
Harrisburg area, in Old City Hall apartments. She had come
home one day and said that she had taken a pregnancy test
and she was pregnant. It was probably about three to four
weeks afterwards.
o And she told you that the artificial
insemination must have worked, is that right?
A Yes, sir.
o But you didn't believe her, did you?
15
1CJ.1
--,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
he):' witn it,
she was only
o
I confronted hllr with it, And Gne said tnat
trying to, in her words, get a rise out of him.
Did you see a copy of this letter or the
actual letter?
A I have the actual letter,
o So to your knowledge that letter was never
sent, is that correct?
A Yss, sir. I intercepted it before it got
sent,
o So you don't recall telling Ms, Williams that
you would be willing to accept the child even though you
knew it wasn't your child?
A No, Actually, sir, the conversation that you
are thinking about is her new child Joe, Jr, She asked me
if she could move to North Carolina with me. And she asked
me if I would accept Joe, Jr., as my child. And I had told
her no, that I would not get back with her and move in and
let her and Joe, Jr" move in with me and Paul, Jr,
o During the period of time that you were
married to Ms. Williams didn't you and she have some
physical altercations?
A There was one, yes, sir.
o Just one?
A Yes, sir.
THE COURTr We don't have th~ time to get
17
/I'
,.-,
---
"
1 into oollat&ral matters. We are not trying the underlying
2 oustody oase here. Only faots that bear on presumption of
3 the pat&rnity and estoppel. I don't want to hear about
4 anything else, And right now the only other thing I need to
5 hear from him is when they were separated.
6 BY MR, GOULD,
7
Q When did they separate as far as --
A When did who separate, sir?
Q You and Ms. Williams separate?
A She had left around Maroh or April of 1996.
Q March or April 1996. Approximately two
months aftar the child was born?
8
9
10
11
12
13
14
A
Yes, sir,
Q
And the circumstances under which she left,
15 hadn't you physically abused her to cause her to leave?
16
A
No, sir.
17
18 that--
Q
Hadn't she threatened to tell the real father
19
MR. OLEYAR, Objection, Your Honor. I think
20 you already ruled on this, that you don't want to hear any
21 testimony regarding collateral matters.
22
MR, GOULD, That's not a collateral matter as
23 far as whether she had threatened to tell the real father
24 before she left which led to the physical altercation.
25
THE COURT, Except though interestingly
t8
'I~
10
11
12
13
14
.....,
~
1
2
3
4
5
6
7
8
9
A Yes, sir.
Q Inforlned you thet there WAS sperm?
A Yes, sir,
0 You did the test, is that oorrect?
A Yes, air.
0 And he also stated that there was a chance
that you could father a chHd?
A
Yes, sir.
o
During the period of Maroh, April, May and
June of 1995, did you have sexual relations with Deanna?
A Yes, sir.
0 And that was on a regular basis?
A Yes, sir.
0 From Paul's birth on January 11th, 1996, up
15 until the present.,.
16
17
Yes, sir.
A
18 nurturer of this child?
o
Have you been the primary oare-giver and
20
19
Yes, sir. Yes, sir.
A
o
And have you established with your mother
MR. GOULD I I am going to object to the
21
22 leading question, Your Honor.
23
THE COURT: Just try to frame it in a way
24 that doesn't lead.
25
MR. OLEYARI Yes, Your Honor.
21
115
-,
--
1 MR. OLl!J'iAAt
2
Q
An!:! throughout this two year period hall there
3 been family ties established with other members of your
4 family, for example, your mother or Paul's grandmother?
5
A
Yes, sir, Yes, sir, He has my mother who he
6 oalls Oa-Ga, his grandmother, His grandfather, who he oalls
7 Pa-Pa. His cousin Ryan, who is Ry-Ry, And his aunts, he
8 has several aunts' and several other cousins,
9
Q
And they all live in the Pittsburgh area
10 where YOl.!
11
A
They all liv, within five to ten minutes of
12 me, yes, sir.
13
Q
And in your opinion has a bond gr.own between
17
A
Q
father or.. .
A
Q
A
Q
23
24
A
Yes, sir.
You drew up a custody agreement, is that
Q
25 oorrect?
22
tit,
I"
. ' 1
,
2
3
0&
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
-
---
AYe., Bir,
Q And that was drawn up by you?
A Yes, sir. Myself and my wife, Deanna
Williams,
Q What happened, did you both sit down and talk
about it or. "
A What had happened was basically I wanted
primary custody of my son, Basically Deanna wanted her
freedom. And so what was agreed upon was that she would
sign over primary custody to me as long as I did not pursue
child support,
o And then you hired an attorney and had this
custody confirmed by the court, is that correct?
A That is correct, sir.
o ~ld then the subsequent court order granted
you primary physical custody of Paul, Jr.?
A Yes, sir.
o Do you have any understanding of when Mr,
LaRochelle was informed that he was or could be the
biologi.cal father of Paul, Jr,? Do you know what time frame
that walll?
A Yes, sir.
o When was it?
A That would have been right around March'of'
1996, two months after Paul was born.
23
, 111
I I
I
1
2
3
4
5
IS
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
I!
---
-
A 80 Fi.her Road, York Haven, Pennsylvania,
17370,
Q And how long have you been living at that
addre..?
A Approximately six Inonths.
Q And do you have any children?
A Yes, I do.
Q How many children do you have?
A I had three children, three boys. I have two
living children, two boys.
Q And Paul E. Williams, Jr., is one Qf your
children?
A He is my oldest son, correct.
Q And you were married to Paul E. William.,
Sr. ?
A CQrrect.
Q Who in your belief is the biological father
of Paul E. Williams, Jr.?
A Michael ~aRochelle.
Q Why?
A Why do I believe that?
Q Yee.
A Because he wae the only one that I had sexual
contact with at the time that I conceived my eon. And to
later confirm that, we had a paternity testing done in I'
28
UU,
"""
1 believe it was July, that he came baok 99,997 positive.
2 Q When when was the child conoeived to the best
3 of your knowledge?
4
5
6
7
8
9
A
To the best of my knowledge I believe it WaS
May 11th of 1995,
0 Md where were you living at that time?
A I was living at my mother's house in
Washington, D.C.
0 And why had you moved in with your mother in
Washington, D.<:;.?
14
15 your mom's?
16
17
19
20
21
22
23
24
25
A
Beoause ~y husband and I had gotten into a
10
11
12 fight, And I had packed some things and moved to my
13 mother's.
o
And approximately how long were you there at
A
o
Approximately a week and a half, two weeks.
And while you were living with your mom, did
18 you have sexual relations with your husband?
A
o
No.
Did you have sexual relations with anyone?
'x'es.
A
o
Who?
Mr. ~aRochelle.
Anybody else besides Mr. LaRochelle?
A
o
A
No one.
29
J~~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
~4
25
~
~
Q Now, you had been ar.tificially inseminated,
ie that oorreot?
^ That.'s correct.
Q On how many oocasions?
A I believe it was three occasions.
o And when was the last time you were
artifioially inseminated?
A I am sorry, I believe that was four
ocoasions. It was January, February, Maroh and April of
1995.
o And following eaoh one of those artificial
inseminations did you have,s blood teat taken?
A After everyone of them.
Q And what was the result of each of those
tests?
A Everyone of them, the last one being May 1st
of 1995, were negative.
o When did you find out you were pregnant with
Paul E. Williams, Jr.?
A I believe it was sometime in the middle,
t~ward the end of June of 1995.
o And did you tell your husband, Mr. Williams?'
A That I was pregnant?
o 'x'es.
A Yes,
30
I~
. ......
-
~,
'~
1 Q And what did you tell him?
2 A I told him that the artifioial insemination
3 must have worked.
4 Q Why did you tell him that?
5 A Beoause we had just patched thittgs up, and I
6 didn't want him to leave. I am fearful that he would be
7 angry if I had told him that it was somebody else's.
8 0 Did you believe it was somebody else's?
9 A I knew it was somebody else's. We were
10 unable to have children of our own.
11 0 Why do you say that?
12 A We had gone through a series of in-depth
13 fertility testing on him through Bethesda Naval Hospital,
14 He was diagnosed with having varicocele as well as Sertoli
15 Only Cell Syndrome. The varicocele could have been
16 corrected, but the doctor had said that it was unnecessary
17 surgery due to the fact that it would not have changed the
18 ultimate outcome, which was that he had Sertoli Only
19 Syndrome, which we would not be able to use his sperm nor
20 would he ever be able to naturally father a child.
21 There were two options available to us, one
22 was artificial insemination with a donor sperm, artificial
23 insemination with his sperm. And I am sorry, a third
24 option, which was in vitro fertili~ation with his sperm.
25 None of which were an option for us as a couple because of.
31
If{S
......
,-.
1 the faot that we could not use his sperm. He had immature
2 sperm. What little he had were immature and unable to
3 impregnate me.
4 0 Now, after you t.old Mr. Williams that you
5 were pregnant, what was his response?
6 A Initially his response was .. he was happy,
7 He Was excited. After a couple of hours, I would say maybe
8 an hour and a half or so, I guess he started to put two and
9 two together. And he then started questioning and became
10 very inquisitive about -- I thought the test came back
11 negative. Didn't you have a period, things like this that
12 weren't matching up with what I had told him. And later on
13 that evening I did tell him that it was from somebody else.
14 And that I had lied to him earlier that morning. And I did
15 not want him to leave me. And that was the reason that I
16 had lied.
17 0 What kinda of discussions did you have
18 regarding what was going to happen to the child that you
19 were carrying?
20 A I believe it waG that evening -- we had had
21 serious fighting. There was a lot of fighting going on over
22 this. Understandably he waD upset and unsure of whether or
23 not he wanted to continue with our marriage. And I am not
24 sure as to if it was that evening or the next morning we had
25 come to a decision. And he had told me -- initially it
32
I :<.~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
'""'I
,-
became abortion was the topic and a possibility and things
like that, beoause he was not sure if he could handle this,
And I understood that. And then after awhile, by the next
morning, he had said that he would be willing to raise the
child as his own and stay with me only under the
understanding that I would never notify the person that who
the biological father was that I was pregnant.
Q Did you ever tell Mr. Williams who the
biological father was?
A I initially told him that it was Tony CoJ.lelo
because of the fact that he had seen Mr. LaRochelle on a
couple of occasions and felt that Mr. ~aRochelle had been
flirting with me. And he had gotten very angry. And I
thought at the time, my reasoning was that if I would have
told him it was that guy who was flirting, he would have
been irate. So by telling him it was just a one-time thing
with an old boyfriend, I thought maybe that might lessen the
blow to him, to his anger.
o Let's move to a time that the child was born.
A Okay.
o How long did you remain in the marriage with
Mr. Williams af~er the child was born?
A Briefly. Approximately two, two and a half
months.
o And what caused you to leave?
33
I J.7
""""
,~
1
A
I had numerous times throughout the
2 pregnancy, but more so more frequent toward the end of the
3 pregnanoy and after the child was born, felt very guilty of
4 the fact that somebody out there had a child and 1 was not
5 telling him this, telling them that they did. I also
6 thought that maybe if, you know, I had brought it up to
7 Paul's attention that maybe if we talked to Mr. LaRochelle,
8 that maybe he would let him adopt him and, therefore, he
9 would never have to worry about this. These are some of the
10 things I told him one day he had asked me what I was
11 thinking about, and these are the things that I told him.
12
And he was furious. And he told me that I
13 was not to bring that subject up again, and that this was
14 the way it was going to be. And that was it. I didn't like
15 hia answer, and I didn't accept his answer. And it bothered
16 me. And fights occurred frequently because of this. And
17 after the last physical fight we had I left.
18
o
When did you first contact Mr. LaRochelle
19 about his child?
20
A
My first attempt to contact Mr. LaRochelle
21 was in April of 199~. And I had reached a roommate of his.
22 And he had told me that he was in Scotland getting married,
23 and that he would be on his honeymoon after that. And then
24 in approximately two or three weeks he should be back home.
25
o
And when was the next time you tried to
34
I~i
"'"'\
1
2
3
4
5
IS
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
contaot Mr. ~aRoohelle?
", Approximatoly three to four weeks after r.hat,
initial contaot, And the number was disoonnected. ~here
was nobody there.
Q How about the next time?
A The next time I believe was in July of
1997 -. of this year.
o How did that come about?
A That had come about af~er numerous threats of
Paul that if I ever contacted the father that he would take
him not only from him but from me as well. He had moved and
taken off with my child. And it was approximately a month
before I even knew where my son was,. And at that point I
figured what's he going to do, he has already left with my
baby. I have got to call, you know, Mr. LaRochelle, at
least try to find him.
I had gone through a month with the 1-800
U.S. search. They were trying to find him through that
route. I had contacted an old employer. I had contacted my
mother to find out the name of this company that he had
worked with and any information that they had on the
employees that were working on her home. I finally reached
his mother's home. And through her local listing in the
phone directory I reached her.
o Did you then contact Mr. LaRochelle?
35
1J..9
1""\
r-.
1 A I reached his brother at the mother's
2 residence. And he had three-way calling and called Mr,
3 LaRochelle at his job. And Mr. LaRochelle aAked me to hang
4 up and dial him directly at his job, And I did that. And
5 that evening I had explained the situation that we had a
6 child,
7 0 Okay. Had you talked to Mr. LaRochelle
B between the time the child was born and that time?
9 A No. But I did talk to Mr. LaRochelle shortly
10 after my husband and r moved to Pennsylvania. He had
11 called. And we were a little concer'ned as far as whether or
12 not I had been pregnant because --
13 0 When you say we were, who is we?
14 A Michael and I, Mr. LaRochelle and I. Because
15 of the fact that I had not had a period before I had left.
16 And he had called to follow-up on that. And I did tell him,
17 after what my husband had told me, I did tell him that I did
18 have a period, that I was not pregnant. And I had not
19 spoken to him until the July conversation when I had reached
20 him at his job.
21 0 So from your opinion there was no way that
22 Mr. LaRochelle knew about the child until you notified him
23 in either late June or early July of 1997?
24 A There was no way. He had called in an
25 attempt to find out an answer for sure whether or not I was.
36
t~o
,
1
2
3
4
5
Ii
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
, I
25
........
"....
Q And what doeB your Bon call Mr. LaRoohelle?
A . He aalls him daddy.
MR. aOU~DI I have no further qU8lltionB, Your
Honor.
CROSS-EXAMINATION
BY MR. O~EYARI
Q Ms. Williams, my name l,s Michael Oleyar for
Paul Williams. I have a few questions for you.
A Okay.
o You testified that you initially told Paul
that Tony Collelo was the father?
A No. I testified that I initially told Paul
that the artificial insemination had worked.
o And then later you told him that it was Tony
Collelo was the father?
A When he continued to pressure for a
specific when I told him that I, you know, that the
evidence wasn't matching up here, the times and dates and
things.
o Did you tell him or not?
A Yes. I just said I did.
o And then you testified that you never told
him Mr. LaRochelle was the father?
A That I never told him that Mr. ~aRochelle was
the father?
38
I~JZ
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
~8 .
19
20
21
22
23
24
25
'""
,
/"..,\
my own phone bill. ' She has never been to my apartment. She
has.been present to numerous oonversations dur.ing my
pr.egtlancy that he was the biological father. But never was
she preuent during a conversation. I never spoke with him
until August -- or July of thia year.
o Okay. You also testified under oath that he
contacted you when you were pregnant?
A That's correct. At the old City Hall
apart.ment.
o And that you lied to him and said you weren't
pregnant, is that correct?
A Correct.
Q So you lied to Mr. ~aRochelle?
A Correct.
Q And then you lied to Paul Williams?
A Correct.
Q That Tony Collelo was the father?
A Correct.
Q Were you lying to Tony Collelo when you told
him?
A Tony Collelo was never, ever, ever under the
impression that he had a child with me, ever. He was never
ever notified.
Q You never contacted Tony Collelo?
A Never.
40
13~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
--..,
r-
Q And informed him?
^ Never.
Q But you wrote a letter to him?
A No. I wrote a letter for Paul to sidetraok
him from who the questioning that I was getting. And it was
not the date ~hat he said he received the letter.
o So you wrote a letter to deceiv~ Paul?
A Correct.
Q So after the phone call from Mr. LaRochelle
to you when you were pregnant, from that point on he never
tried to contact you at all?
A No.
o And according to your testimony, you didn't
talk to him until August of this vear or July of this year?
A Approximately July, yes.
o In one of your petitions you said that you
told him in June of this year, is that correct?
A I said approximately July. I think it was
July. It could have been June. And I am not saying that
that's not true. I am just saying I believe it was July,
but it might have been June.
o So up until that point he never made any
attempt to visit Paul?
A He never knew.
o Did he have any knowledge of the custody or
41
135
'~
("'\
support order that was in this case prior to
^ I am sorry. I don't know who you are
,
speaking of.
0 Mr. ~aRochelle ,
A Did he have knowledge of., .
0 Of any custody order, the oustody agnement
1
2
3
4
5
6
7 that you and Paul wrote up together?
8
9
A
Prior to me notifying him?
Right.
No. He didn't know.
MR. OLEYARI That's all I have, Your Honor.
Q
A
10
11
12 Thank you.
13 DIRECT EXAMINATION
I
14 BY MR. PARNES I
15
16 agreement...
17
18
o
The attorney mentioned the custody
A
o
Yes.
When that was drawn up between you and PaUl,
19 did you understand what the effects of that would be?
20
I was not with him when he drew that up. He
A
21 drew that up. And on my way in to work he told me to come
22 down and sJ,gn a temporary ol'der, that was just an agreement
23 between the two of us. It was printed right off his
24 computer. I thought it was nothing legal. And I thought it
25 was only temporary.
42
11~
''''''
1 s~xual rela~ions with her?
:I
3
4
5
Yes, I did.
On how many ocoasions?
A
Q
A
Q
Just one afternoon, sir,
And prior to having sexual relations with'
6
7
8
9
her, at least the week ~rior to that period of time, did you
show up at the house on a regular basis?
A Yes, I did.
each and ,
0 Was she there everyday?
A Not each and everyday. ahe was there. For
10
11
the entire three month period, no.
0 But I am talking about a week before
A Oh, for a week, yes, sir. It seemed to me
that she was there more than a week. She was there on and
on for even longer than that.
12
13
14
15
16
What did Ms. Williams tell you the
Q
17 circumstances under which she was living at her mother's?
1B
She told me she was separated from her
A
19 husband.
20
Did she say what her intentions were?
Not in any direct life plan.
Did you know that she was returning back to
21
Q
A
Q
22
23 her husband?
24
A
No. I did not.
25
How did you find out about that?
Q
45
1.3~
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
""""
r-.
A Well, I didn't see he~ when I oame back to
wo~k a week. I worked at that house on and off most of the
days from Monday through Friday. And I didn't find her the
following week. And I tried to reach her. And she waon't
there,
o Had she left a telephone number for you to
contact her?
A She didn't leave it with me, but she left it
at my brother's pager. And we couldn't figure out what it
was. And that's the number that I uoed. And I didn't get
that for sometime. But that's the number that I used,
because it had a Pennsylvania area code.
o Did you have contact with when was the
next time you had contact with Ms. Williams after she had
left her mother's house?
A I would say that it was about five weeks.
o And how did that occur?
A I called the number that I had. I think it
was a 717 area code. And it was what I assumed. It was
her. I didn't know anyone else living in the area. And I
spoke with her. I knew that we had unprotected sex. And
one of the last things I asked her was, you know, hey, you
are not pregnant or anything are you. And she said, oh, no,
no, no, don't worry about that. And I was under the
impression that, you know, basically I was off the hook.
46
I ~O
,
1 0 okay, And when was the next time you had
2 oontao~ with Ms, Williams?
3 1\ I would Bay late June of 1997.
4 0 And what happened at that time?
5 A She oalled me at the dealership, My brother
6 had pacche4 her through to me. And she told me that I had a
7 son.
8 0 And what was your response?
9 A I was a little taken aback, to say the least.
10 I expected, you know, to have n family with my wife. And I
11 never knew that I would have had a family prior to that.
12 And I was shocked. And I immediately wanted to get some
13 kind of confirmation or verification. could this be true.
14 Is this real. My head was spinning.
15 0 So what. did you do?
16 A Well, I think it was actually the following
17 day I came up to see her and my son and couldn't believe it,
18 you know, the resemblance. And I wanted to make plans
19 immediately to confirm it.
20 0 What did you do to do that, confirm it?
21 A Well, through Deanna we found a place that
22 would take both our blood, from my son and myself, and
23 confirm through a paternity blood test if it was my son.
24 Q Did you have that done?
25 A Yes, sir, we did.
47
I Y I
Soot land prior to your marriage and after your marriage?
A In, late Maroh. And I was in Paris for two
weeks after. AIId then another week back in Scotland. I
,
think aotually the return date was about April 28th or April
29th. It was over a month that I was in Europe.
1
:2
3
4
5
6
7
8
9
10
11
'"'\
o
A
00 you and your wife have any children?
No. We do not.
Are you currently living with your wife?
o
A
o
A
No. I am not.
Why not?
Because after Deanna called me and within two
12 weeks I had the blood test. We waited another three weeks
13 to get the blood test. And I contacted you and wanted to
14 find out what we could do. I didn't tell my wife until I
15 got the results of the blood test. And she was so hurt and
16 upset that I didn't, you know, ~rust her enough to tell her
17 before I went to get the blood test that, you know, we
18 ourselves had many arguments and a difficult time working it
19 out. So she fl.ew to Scotland for a couple weeks ,to be with
20 her family. She came back. And she has done it again. She
21 has left again pending what's going on here. She is not
22 sure that she wants to be married.
23
o
Has your wife given you any ultimatums
24 regarding the child?
25
My wife told me that it should be her or my
A
49
1l-f3
,-.,
,.-,
i
1 ohild, That I should let him grow u~ old enough to find out
2 who his real dad is, that if everything, you know, is what
3 we say it is. She thinks that I carried on an affair with
4 Deanna. And, of course, I Raid, you know, that's not the
5 case. It was just -- because I was actually -- l had
6 aotually known my wife just prior to having sexual relations
7 with Deanna. So she kind of thought of it as a deception
8 type of thing.
9 0 So you chose to follow-up on custody with
10 your son rather than...
11 A Well, I feel the responsibility as a new
12 parent I guess. That's paramount to me. That being a
13 responsible father wOllld be what's most important to me.
14 And if my wife couldn't understand that, and it is a tough
15 decision to make, but I think an easy one for me. That I
16 should take my son and try to hold him as my son and give
17 him the best life I can.
18 0 If you are allowed to intervene in this case,
19 would you still continue to allow Paul, Sr., to have contact
20 with your son?
21 A I feel that he has played a large part in
22 part of his life. But I also feel I have been deprived of
23 that opportunity to this point. And while I could see that
24 it might be unfair from his point of view. I think I might
25 giv~ him an opportunity because of the time he has invested.
50
J~~
~
---
,
1 person. I wouldn't have been expecting a call from Deanna,
2 And there would have beon a number of other calls that I
3 would have had in the hiatus. In addition to that, h~ had
4 moved out while I was gone, becaus~ I wasn't going to bring
5 a wife back and have a three is company situation with her.
9
10
11
6
7
Q
A
Did he inform you then
No. He didn't keep me up with any phone
He didn't inform you at all?
No.
And prior to your departure for Soot land in
12 March of '96 did you receive a call from Deanna informing
13 you that you were the father of this child?
14
15
8 calls.
o
A
o
A
Q
No.
So your testimony today is that from the time
16 of your phone call to Oeanna until August you had no contact
17 with Oeanna, August of '97, is that correct?
18
19
20
21
A
0
A
correct.
0
pregnant, she
correct?
A
22
23
24
25
No. Until late June '97.
Late June '97?
Right. From June of '95 until June of '97,
When you contacted Deanna in '96 when she was
told you that she wasn't pregnant, is that
That would have been in late '95 -- or June
52
I~b
-.,
---
1 A No. I did not. How could I?
2 Q When you came back from Soot land, you said
3 your roommate moved out?
4 A Yeah. We had agreed prior to my leaving that
5 that would be the last month. So I only had a day or two to
6 get whatever
7 Q And you stayed in the same residenoe then.
8 Was it you and your wife?
9 A No. We had moved immediately to my parents'
10 house in Annapolis for me to start my job at Honda of
11 Annapolis and find a place for us to live.
12 0 So when was that that you moved? It must
13 have been May?
14 A May.
15 0 Sometime in May, the middle of May?
16 A Yes.
17 0 When did your lease expire?
18 A It had been expired. It was month to month.
19 0 So you moved your furniture out immediately?
20 You said
21 A I had it moved out. I had most of all of it
22 moved out before I left. It was just me and another guy
23 living there, so we didn't have much furniture.
24 0 And your phone, was that connected the whole
25 time, or did you just --
54
I"'.
~.
i
1 A Yes, Kristen Rafuse. r live at R.D. 2, BoX
2 4496, in Jonestown, Pennsylvania,
3 0 Kristen, could you please tell the oourt when
4 you first met Paul and Deanna Williams?
5 A We met approximateiy in July of '95.
6 0 And where was thaI; at?
7 A That was on the New Cumberland Army Depot
8 where my husband and I resided at the time.
9 0 Did they move in next to you, or did you live
10 near eaoh other at that time or...
11 A They moved in directly across the street from
12 us.
13 0 And did they live there up until what time?
14 A We had moved prior to them leaving, so they
15 were still there when we had left in December.
16 0 Of '96?
17 A '95.
18 0 '95. Okay. When they arrived and when you
19 first met them, at that time was Deanna pregnant?
20 A Yes, she Was.
21 0 And she informed you that she was pregnant?
22 A Yes, she did.
23 0 When you first met Deanna and Paul, did she
24 inform you or did you come to understand of how she became
25 pregnant?
56
~
.1.,;.......,,,
'-
~,
1 A Correot.
2 Q Did she take any action then at that time?
3 Did ahe do anything?
4 A At that time a phone call was made. And
5 through that conversation that I was present in the home, I
6 understood that she told the person she was oalling that Mr.
7 ~aRochelle was the father. And the conversation went on
8 from there. And then I had left.
9 0 Okay. So you understood that she was talking
10 to Mr. LaRochelle?
11 A Correct,
12 0 ~ld informing him, and this was early Maroh
13 of '96, that he was the father?
14 A Correct.
15 MR. GOULD I I am going to object as far as
16 who was on the other end of the line.
17 THE COURT I She said that it was only her
18 understanding.
19 MR. GOULD I She didn't say how she got that
20 understanding though.
21 THe COURT I Well, you can cross-examine her
22 on that.
23 BY MR. O~EYARI
24 0 From the time you have known Paul, sr., and
25 from Paul, Jr.'s, birth in January of '96, can you say who
58
.......
1 has been the primary oare-giver and nurturer of Paul -.
2 MR. GOULD I I am going to objeot to thltt
3 unless we oan have some basis as to how she would know that.
4 THE COlJRT I Yos. Just let me know what
5 oontact she has had with these folks.
6 BY MR. OLEYARI
7 0 Have you been friends with Paul, Sr., and
B Paul, Jr., since Paul, Jr.'s, birth up until the present?
9 A Yes, I have.
10 0 And have you had close contact with them
11 until Paul moved to Pittsburgh in June of this year?
12 A Yes, we have.
13 0 So from a period of January of ' 96, during
14 Paul, Jr.'s, birth up until June of '97, you had a close
15 friendship with Paul, Jr" and Paul, Sr., is that correct?
16 A That is correct.
17 0 And you also had a friendship with Deanna,
18 the mother?
19 A Up unt 11 the point of her leaving Mr.
20 Williams, yes.
21 0 And throughout that period of your close
22 friendship, approximately over a year, eighteen months, can
23 you state irl your opinion who was the primary care-giver and
24 provider for Paul, Jr.?
25 A Mr. Williams was the primary care-giver, and
59
'""'I
1 with emotional and finanoial mupport, everything, it was Mr,
::I Williams.
3 Q To your know~edge has Mr, LaRochelle ever
4 oontaoted Deanna or Paul up until June of this year?
5 A Not to my knowledge, no.
6 MR, O~EYAA I Okay, I have nothing further,
7 Your Honor.
S CROSS-EXAMINATION
9 BY MR. GOU~DI
lOOMs. Rafuse, you indicated that up until
11 March, approximately March of 1996, you were friends with
12 both Deanna and Paul Williams, is that correct?
13 A Correct.
14 Q And then Ms. Williams separated from Mr.
15 Williams?
16 A Correot .
~7 0 And she no longer was your friend?
18 A Correot.
19 0 After she was no longer your friend how often
20 were you J,n her household with her to watch her care for her
21 child?
22 A I never actually cared for Paul, Jr., but we
23 were invited as guests, my husband and I, to the home with
24 Paul, Sr., and Paul, Jr.
25 0 But how often were you invited to the home
60
-\
1 where Ms. Williams was living at the time?
2 A When she was living there?
3 Q No. After llhe moved out.
4 A After she moved out, I would say we were
5 there maybe once a week until they moved.
6 0 With Ms. Williams?
7 A Oh, no, no, no. Ms. Williams was not there
B as of I believe -- to be honest, I really don't know when
9 exactly the date she did leave. But after she had left
10 Paul, Jr., in the cat'e of Paul, Sr., and took off I had no
11 mot'e contact with her whatsoever.
12 0 Now, you say she took off?
13 A Yes.
14 0 Didn't she and Paul, Sr., actually go and
15 pick out an apartment together for Ms. Williams to atay in?
16 A I have no knowledge of that.
17 0 And isn't it also true that because of their
18 work schedules Ms. Williams cared for Paul, Jr., during the
19 day Until Mr. Williams got off work?
20 A I have no knowledge of that either.
21 0 You don't know what the arrangement was
22 between who was giving the care for the child?
23 MR. O~EYARI I object to that. I think she
24 just answered that, Your Honor.
25 THE COURT I We will let her take another
''\
,'''
1 shot. Go anead.
2 THE WITNESS I I was under the
3 understanding.- the impression that Paul, Jr., was at the
4 New Cumbe~land day-care on Post at that time when Paul, Sr.,
5 was at work.
6 BY MR. GOU~DI
7
8
9
10
11
12
13
14 MR. OLEYAR I Your Honor, if I could, I would
15 like to call ~inda Brinton.
16
17
18
19 mother.
20
21 has a good relationship with her grandson.
22 THE COURT I Okay. What else do you want her
23 to say?
24 MR. OLEYARI Other than the fact that there
25 is a family relationship and a bond that has been attached
Q Were you there at the day-care?
A No. I was not.
Q This is what Paul told yoU?
A Bas icall y, yes.
M~. GOULD I I have no further questions.
MR. PARNES I I have no questions, Your Honor.
THE COUR'T I You can step down. Thank Y01~.
MR. GOU~DI Could I have an offer of proof?
THE COURT I Certainly.
MR. O~EYARI Your Honor, this is Paul, Sr.' a,
And this is Paul, Jr. 's, grandmother.
MR. GOU~DI We would agree and stipulate she
62
"""
(',
A Yes, I have.
Q And in your opinion has a bond been
established between you and Paul, Jr.?
A Most definitely.
o And regarding the othor members of your
family.. ,
A Yes. Where we live it is like my son in one
building, my sister in another building, And I am next to
the~e. So we are all in one area. We see him eve~yday of
the week.
o Linda, in your opinion hall Paul., Sr., been
the prima~y care-giver and nurturer of Paul, Jr., from the
time of his birth?
A Most definitely. He has, I mean, given him a
roof over his head, food in his mouth, bought him clothes,
done it all on his own. Money-wlse helped, his doctors,
everything.
Q And your impression of the amount of time and
care Deanna has provided for Paul, Jr., do you have any
opinion on that?
A Actually none. She really doesn't care.
MR. O~EYARI That's all I have, Your Honor.
CROSS - EXAMINATION
BY MR. GOUI,DI
o Isn't it true that when Paul, Jr., was born
64
/58
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
''"'\
you didn't even show up at the hospital?
A I have a good reason for that. I was in the
middle of a blizzard in Pittsburgh in '95.
o But her p~rents, Ms. Williams' parents, flew
in from California to be there?
A I have no idea. I wasn't there to see them.
o Now, you indicated everyday you spend with
Paul, Jr., is that correct?
A Yes. I watch him while my son works.
o Well, isn't it true that Ms. Williams has the
child every other two-week period?
A Well, she picked him up yesterday. But up
until then in the two weeks that he works I do take
him --
o Right. And then for the following two weeks
he is with Ms. Williams?
A
I have no idea. She picks him up. That's
18 all I know.
19
20
21
22
23
24
25
And to the best of your knowledge, the child
o
is well cared for during that period of time?
A During what time?
0 During the time that Ms. Williams has the
child?
A He is cared for, but I wouldn't say good.
Q Are you there when she is caring for the
65
159
1
2
3
4
5
6
7
8
9
10
, 11
''\
,-
child?
A
No. aut I am there when he comes home.
MR. GOULD I I have no further questions, Your
Honor,
MR, PARNES I
THE COURT,
I have no questions,
Thank you, ma' am. You can step
down.
Anything else?
MR. O~EYARI Your Honor, I have no other
testimony.
THE COURT, All right. Any other testimony
12 from anyone?
13 MR. GOULD, No, Your Hcnor.
14 MR. PARNES, No, Your Honor.
15 THE COURT I All right. Just when you think
16 you have seen everything in this job something new and
17 different comes along. I am obviously going to need to take
18 this under advisement and study very carefully the current
19 cases and find out what the thrust is of our appellate
20 courts on both the matter of presumption of paternity and
21 estoppel. And we will need some input from counsel. A
22 couple weeks to file briefs?
23 MR. GOULD, That will be fine, Your Honor.
24 MR. O~EYAR, Yes, Your Honor.
25 THE COURT, Just to let you know factually
66
IW
"\
~
1 where I am leaning, of course, that doesn't mean I oan't be
2 disabused at some later date, just so you don't upin your
3 wheels factually. First of all, let me ask, these folks are
4 still married are we speak?
5 MR. GOULD, No, YOllr Honor.
6 THE COURT, And when were they divorced?
7 MR. GOULDt November the 8th, 1996, Your
8 Honor.
9 THE COURT t If I heard that, it escsped me.
10 November of 1996. Well, it is clear that from the time of
11 the birth of this child he has had a very close relationship
12 with Paul Williams and continues to have such a
13 relationship. The dates, times, circumstances of the birth
14 of the child I don't think are really in dispute. And I
15 have little difficulty reconciling the various versions that
16 I have heard. I can think of only one serious factual
17 dispute in this case. And that is when Mr. LaRochelle
18 actually became aware that he had fathered a child.
19 The matter would be easier to resolve had I
20 decided that fact differently than I am about to. It would
21 not be fair if I didn't tell the parties that I feel the
22 credible evidence, and not that anybody has told any
23 intentional falsehood on any aspect of this case, but the
24 credible evidence is that he did not learn that he was the
25 father of this child until the summer of last year.
67
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
,""
"
I
MR.' aOU~DI
THill COURT I
Of this year.
Of this year,
So that oan ~e of
good guidlanae to you as you prepare your memos. As I say, I
think it does nothing but complicate the matters. All
right, we will enter this order.
And Now, this 8th day of December, 1997,
after hearing, counsel are given two weeks within which to
file memoranda.
If you feel you need a little more time with
that, given the Christmas holiday and so forth, just feel
free to call Mrs. March, my secretary, so I know that there
may be some delay. But I would like to resolve it in fairly
short order after that.
All right, anything else?
MR. GOU~OI Nothing, Your Honor.
MR. O~EYARI No, Your Honor.
(End of proceedings.)
, '
, ,
68
IIDI
1
2
:3
4
!l
6
7
8
I' 9
10
11
12
13
14
15 .
16
17
18
19
20
21
22
23
24
25
"",,
r
,
,I
CIIIRTIll'ICATION
"
,
, ,
I hereby oertify that the proceedings are
oontained fully and acourately in the notes taken by me on
the above cause and that this is a correct transcript of
same.
-_...._~..._-.....-_.-.._---------
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed
to be filed.
~AotA II' 1'I1F
Date
/
69
'l?R
/I
"
,I
, ,
"
II
','I
,
1
, ,
,"
"
1
1
I,
"
"
,I' , , , 1
'i iJ "
, "
"
'I ,
'"
"
, '
,
"
"
"
,
;,1,.
"
,
I
"
I"
I,
"
,
'I
, ,
"
(''''
,"-
FlUI', rJI:r",:
"/"'(
,/I "'I
"'1/,1'" ',) ..
;1 I,d j ~
I,:' (f1;>11
, .' " ..' ", . I'll'
CU',.,'. "",' 1,1,1\IN I,
1'1,""'1' I' 'I"'.\'!,' I
.h . 1.11 h,\
,
, I,
"
, I
I.',
;j
" ,
, ,
,I
, I
.'1
d II
'1
,,'
;I,
"
,"
, I,'
I
,
"
II
I'
"
,
,
"
.1 I)
1
,
i.1
I .1
11/
"
I
,
I,
"
"
1
"
"
"
"
"
,
"
I'
,
I
"
,
t't'
,
,
1
"
I,
I,
"
(1f.> "If I 'r.
"",. '/!~ "'~f,l"y"'lt-I.)
" /:}.hl.'.,(~~
9,7111'/iJ .r!J . '1,i(;tl?J'
(.'4'ff',, ~fll"1f
1{:;I\i\~Jiif:t\~i~tv~,
"
JI
'I
I'
'I I
j'
"
"
1.,1
.'
I\!
,-'J
,
I
,I
,
i I
"
I
"
I
,
, ,
1
If I
"
,I
"
"
I
, ,
It ;_1
.
,
,
Michael G. Oleyar
Attorney lit Lllw
J?,l and NOMh Church Slreel.
, PO /lux U5
MllnelVlI/e PClI/lIylvAnla 182J9
I
I
TcII (717) 455.6800
APR"8799;;O
.
PiIll (717\ ""6000
Ii I 1
"
,
, '
"
,
"
II
,
"
"I
'.,
I ',1
,
j..".-,. ""I~;.I"'Ii-'F'd(.J~,'I,jj~., "/f""-- .-_~.
:,
,
,
'I
,,,
"
,
,
" ,
(
,I;
',f
, "
,
7. The Pet i tioMr currently resides with the following
person(s) I
Nama. Aa.. Relation.hilU.
Kelly Walker 21' Finnc~e
lI. The Respondent currently resides with the folloWing
plllrson(s) I
1f1llll81 A9.LL Relation.hiD I
Unknown Unknown Unknown
9. The Petitioner has no information of a custody proceeding
concerning the child pending in a court of this Commonwealth.
10. The best interests and permanent welfare of the ehild will
, be served by granting the relief requested becausel
A. The mother has recently been evicted from her residence
with Mr. Jose Toledo. Mr. Toledo filed a PFA against the
mother the mother cross filed 11 PFA against Mr Toledo in
York County. The Court granted both PFA's and awarded
CU/iltody to Mr. Toledo of Jose Jr. (a minor r.hild of Mr.
Toledo's and the Mother) to Mr. Toledo.
ll. The Mother is now currently residing in the Access
Homeless Shelter in York, PA. The Father, Paul Sr. believes
that his son Paul Jr. will be faced with unsafe living
conditions if the Mother is allowed to take Paul Jr. to this
shelter for the ordered two period of custody. The Father,
..'Il-;l.-,. .llal ~~I
, Apl",-U_.' 01,.. 7P
P.".
'AU'" I, WI "''''&-'''1/ I 1" TK~ UOUMT o' UOHMOH Pl,ta,
.r.aflrrar. I 0' ClIllIallJ.>>/D COM)',
, 'It/NS U"'AHU
v.. I
I Ho, "'6111
nlANNA N. WILLIAMS I ebil 'ann
IllrllfDAHT I 1l1J1I'l'ODY
Y"kJflICAr~
l. lIllI/II! \l:'iIIi!m. ,Jllh~'rbYI~rA'AIIJ ,1111'11I1111I', '"~b\'ll"'l (IJIIII in III,'
"nlle,,'n,)' .'fill/ulI (llup,ci!1 ,oliltJ Ilr ll~. IUJ ~~rr.,;, I... I~~ llm \111l1~' k/l()'l'l~'d,~,
inCurmui'J/I. AII,I lI.:l;(/, r "ndumnd III~1 lhb \'uifj..lloll i. mlJ~ nlb'."ll') Ihl' prl\!hlWI oj'
111 Pj, CS,^,! 11C1 ,clAlllla l.' 1I1\'\\'OIn f.hlliuli'JI\ Iu IlIlhudd.l.
,
U.I.: ,J.31lf'K'1 ~ If? 8
.
,
~r: I.dJ ~ .Aht,'/
P_ul E, Willi,lltll
,
','
i 11
"
,
, ,
" ,
l 0) b
M
1I1 .ii)
'. ....
q')
~h ...: ...' ~'I,
~~d ... . ,......
l~ ~
.1' ~'i'll
N ~,
~ E'~ \i\ir!
..I ~
~ ~
"
rll"
I'
,','
i
1
j'
. '
I,
,
,
"
, ,
,
,
"
\
",
"
'i
, ,
,
I
"
"
,
lit
"
"
,
"
"
"
"
"
"
"
PAUL E. WIWAMS,
PLAINTIFF
V.
DEANNA M. WlWAMS,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96.4177 CIVIL TERM
Itt.BIL.fIl'ITION OF PLAINTIFF FOR SI2ECIAI,. RELiEf
TEMPORARY ORDE~ OF COURT
. 'I
, 'I
I
AND NOW, this 7th day of May, 1998, this temporary order Is entered
terminating the mother's rights of periods of physical custody with Paul E, Williams,
Jr. as of tha mother returning the child to the father following her current period of
two weeks physical custody under the terms of a custody order entered on August
27, 1997. If the parties are unable to resolve the dispute raised In the within
emergency petition for special relief flied by father during the next week, with the
entry of an appropriate order, the mother's counsol should notify this Judge by the
beginning of the week of May 18, 1998. We will then schedule a hearing by the end
of that week.
I,
I_!
,
, ,
By the couril'
; ,
!',
, ,
,
,I
Michael G. Oleyar, Esquire ,
For Plaintiff _ C'..~~.t.. 5/9-)'1'.J
-Q ..>4.6".
Aaron D. Pames, Esquire
For Defendant
:188
~
I
,
,,'
PY6510 Cumborland County Prothonotary'a Office Page
Clvfl C/lao InquIry
1996-04177 WILI,IAMB P/\lJl. I': (VB) WILLI/\M/l DEANNA M
Reference No.. I l't Iud.. .. .. .. I 7 /23/l9~~
ca~e 'I'ypo..... I COMPI.AIN'!' -- DIVORC~: 'I' l11e, '1' .. .. . I lY3
.]u gmoht.1....' .00 Execut on DlIte o/go/
,Ju go Aee gnod I IlESS KEVIN A Sat/Dill/Gntd.. 11/ 8/
' JI1~r~eirt~~rt' I
i 2liur Court 2
........***......**............**......................~........*.*...*.....**.*
Gunural Indux Attorney Info
PLAIN'I'IFF aACIl JAMf;S M
1
WILLIAMS I'AU~ E
140 EAS'I' GAR EN AVENU~
NEW CUMBER1.A P PA 17u70
WILLIAMS Dr:;ANNA M
60 FISHER I~OAn
YORK HAVr:;N I'A 17370
DEFENDAN'I'
JlARN~:S AARON 0
................................................................................
* Datu f:ntriee *
.......................................**..........**...........................
07/23/9~::"
07/23/9,..
0'//29/9((
10/31/96/
10/31/96
18/31/96
1 /31/98
18/31/9&
1 /31/9'-
10/31/9Ci-'
11/08/9&'
07/07/97
07/07/97
07/07/97
07/07/91
COMPLAIN'I' - DIVORC~;
PE'rI'I'ION '1'0 CONfIRM CU6'rODY - CHIW CUSTODY AND VISITATION
AGREEMENT
ORDER - DA'I'ED 7/29/96 - IN RE PE'rITION TO CONFIRM CUSTODY - BY
KEVIN A HESS J - NOTICE MAILED 7/30/96
CER'I'InCA'I'E OF 61'RVICE
CERTIFICATE OF 6E~VICE
AFFID/\VIT OF CONSENT - PLAINTIFF
AFFIDAVIT OF CONSENT - DEFENDANT
WAIVER OF N01'ICf: OF I.N'I'EN'l'ION '1'0 RE8Uf:S'!' EN1RY OF A PIY DECREE PLFF
WAIVER OF NOTICR OF INTENTION TO RE UEST EN~~Y OF A PlY DECREE:DEFT
PRAECIPE TO TRANSMIT RECORD
DIVORCE DECREE ENTERED BY KEVIN A HESS J
NOnCE MAILED
PETI1'ION FOR CUS'I'ODY MODIFICATION
EMERGENGY PETITION FO!~ SPECIAL RELIEF
TEMPORARY ORDER - D/\TlD 7/7/97 - IN ~E EMERGENCY PETITION FOR
SPECIAL RELIEF - BY KEVIN A HESS J - COpy PERSONALLY GIVEN 7/7/97
ORDER OF COURT - IN RE MODIFICATION OF CUSTODY - ~~EHEARING CUSTODY
CONFERENCE 8/14697 @ 2 I'M @ 302 S 18TH ST CAMP HILL - BY MIC:;HAEL I.
BANGS ESO CUSTO Y CONCILIATOR - COPIES PERSONALLY GIVEN 7/7/97
07/25/97 EMERGENCY PETITION FOR SPECIAL RELIEF
07/29/97 ORDER - DATED 7/29/97 - IN RE EXPARTE PETITION FOR SPECIAL RELIEF -
ORDER OF 7/7/97 IS VACATED - CUSTODY CONCILIATION CONFERENCE
8/14/97 2 ~M @ 302 S 18TH ST C/\MP HILL BEFORE MICHAEL L BANGS ESO
BY KEVIN A HESS J - COPIES MAILED 7/29/97
08/22/9r PETITION TO INTERVENE
06/27/97- ORDER OF COURT - D/\TED 8/127/97 - IN RE PETITION TO INTERVENE -
RULE TO SHOW CAUSE IS ISSUED UPON PLAINTIFF/RESPONDENT AND
DEFENDANT/RESPONDENT TO FILE A RESPONSE TO PETITIONER'S PETITION
WITHIN 20 DAYS - BY KEVIN A HESS J - NOTICE MAILED 8/27/97
08/28/97 CfSTODY CONCILIATION CONFERENCE SUMMARY REPORT AND O~DER - DATED
8 27/97 - BY KEVIN A HESS J - COPIES MAILED 8/28/97
09/15/97/ R SPONOEN'I' PAUL E WILLIAMS SR /\NSWER TO PETI1'ION TO INTERVENE
09/18/97 DEFENDANT'S PRAECIPE OF CONCURRENCE BY /\ARON D PARNES E50
10/09/97 PETITION TO SET HEARING
10/17/97 ORDER -- DATED 10/17/97 - IN RE PETITION 1'0 SET HEARING - fEARING
1268/97 10 AM CR 4 - BY KEVIN A HESS J - NOTICE MAILED 10 20/97
12/10/97 OR ER OF COURT - DATED 12/8/97 - IN RE PETITION TO INTERV NE - BY
KEVIN A HESS J - COPIES MAILED 12/10/97
02/17/96 OPINION AND ORDER - DATED 2/14/98 - IN RE PETITION TO INTERVENE -
DENIED - BY KEVIN A HESS J - COPIES MAILED 2/18/98
03/10/98 NOTICE OF APPEAL TO SUPERIOR COURT
83/10/9~- CERTIFICATE OF SERVICE
3/10/98 NOTICE OF APPEAl. TO SUPERIOR COURT BY THOMAS 0 GOULD ESO
03/19/96 TRANSCRIPT FILED
***...........**...............**.....**...***..................................
* Escrow Information *
* Fees & Debita Bea Bal Pvmts/Ad1 End Bal *
.............*.....~.**....*....*.........*...*.,.*.............................
DIVORCE
TAX ON CMPLT
SE1'TLEMEN1'
35.00
.50
5.00
35.00
.50
5.00
.00
.00
.00
"
, ,
",
,
,
'I
'I
,!
Aaron D. Pama
,I
I
,
I
I
KING &
PARNES
AlTllIlNnVS Al'IAW .
....__.................,.u..
"
,
, I
, '
I;
"
,
, ,
\
,
, lIS",,, h Mork'lliojm.
S"II. ,III)
HortllbotH. J>h 17101./IHH
~'rl,I 1711) 21H\1H1
Vn: 1111121H211c\
.,. .,., ,~'----,I~-.-,~+-.,.'
"
I
I!
"
1,1;;1
,
i
,
"
,I
"
It,
, ,
L
, '
,
'I
'I
!;I
,
1
\'
, I 'I
, ,
,
"
" I
,
"
,I
I. I
'I
Hi I
I,
"
I
,
,
,
'I
I; \I;
Ii...... ~
~(.h
:..,..'
','
DeenOII M. WIIII,m"
'''''lnllftn'O\IIIOIW
IN 1111 counr Of COMMON rlrt.\; O~
VOflK COWITV, rWNSVlVf<NI^
.'
'.
.". t
"
,; ~ ,. .
~~,.
~.:
Civil rllm No, fl7.GIJ O,')()'.03
v.
hul t. Willi."". Gr..
0'0 f"ldtlllllt'" &pc.tIWItIII
r:11~tIll1y
6MtNlJbll:l!f.to. Q\ ,'Al\Il'.-rt;.mlllli r.llt\.Ilrt~ll\L.nlll~f:
~,.
:-
,
, '.J,
. "
f'.".'
',,'
"
I ,,~
An<! Now. on Ihl, (}j \;;y nl J,mo. 1007, <0"'"' 1I1I1 ~1.inlllfl'''"l1o''o'.
0.8'10" M. WllU"ni&, hy ",'d \t'fOll\111 hl'H ,.ltQlnoy, ~1tw"m Mtlthl ~ll,"I", h'lllltrt ftntJ
Central Pelllllylvnnl" LIltU,,1 5tltvlr..t IImJ maknt 'hO fOlhJW1nV II/IIDIIIJn"ll)ll1 ") tt'l, [,
Pnr,' p,IIOf,ln IlJr ~Vt)cl,,1 '\';11111.
" The fHlll1lono'. O.o"nl M, Wlllllml. cun.nlly 'OIldU', .. no Fllho'
. '
1\oe1J. y~,,, Kovon. Yo'~ CO\Jnry. Pllln,ylvonl. 173'10,
','
,
'2 The rUIX1tltl.nt, 1"1,,1 F." \Vllllllma. cur'O"lly ,,,'lllttll ftt UOE nnttJttn
Iwemte, New CltrnLllHle'Hl. York count)', rnnmylvlnln \7010, hilt "" mllY hMm
.Iflatly movod tro"" thl. ft.ldn.'\,
..,. ':
'., ;,
(' I", 1'\
~
"
',1'
3
11", rnotMf" lho netural ~IHII" 01 rllll!::, Willi""", J, ,OO.e
,,, 11llB. ,,,,,,,'nahnr l~f."O<lIn n 'II... child.'
A,
The ,'olondooll> II.. ""O'"lho, 01 It.. child,
.,
G,
. .
'.i
A Cu,lndy C"01p'.lnl "nd t. PM,.I ~1I\,""n lor SI'OCllllllul'"' w..r-. ~~
,
I,'"
fllO<J uy Ih. p""o',1l1 "" J""o 10. lUOI, 1h. oijllllO"nr "od Iw r.null~1I1 ",,'110 w"ldI'
" ~
: '
; ~/ I'
!{I,(\"
~)~...
,~.'
,',"',
\he Imp....lon Ihn' Ihor. wu no C"'lUdy O,d., e"lij,od hI O/lV o\lutl t~lInlY In
PDnnl)'tv.nln. Piau. U. hhll>llI ^ .,,,t a '.!nor.\lvo'V. ollncho,l noallllrorvO'Olqd
,II.
,",
iC.T
11;"
I': '
by ,.r.,.n~..
6 ^,\lIchu,'11) 'hi r)l t'ot10 Plllltll.H' hlf bVI,r.1tll nnll"" """kotJ ,,, [lthllll\
"'-. WI' . tv"hicJV flg,"uml,I'11 t Inl~'" thl) hnrl',!ln~ tllllt~11I1 fllt/I"lIt)' ClJ"l)dy, ,hI>>
" .
"
t', .
~. (. ,
'1,\"',
~~:''':'~;'
~;,;,
.~~,~,'
, .,J,"
.~""""
.:.
\
Igte,me"\ "Bind 'II" lolh:)wh'g', ITI"" mlJ\111!t rl"ln"l"t, thltl Ihl\ lI11fOftm,wt will
beCottle . pMt 'Jf th, C:OUI1 ortJl'tfUO OI""JfI~n,
7. The pOlllh,)n'" dhJ not rI,od "") "U'Dltlnonlln IU'onlll,tt.,. nnd we'"l'lt
IWI'. \hel III OlOtl' of Court WIU' ontRled. nor <<1hJ .ho llyI)lIlH":IJI\lO IllY 'IUllft~
COy,t O,dq"
B Thft t'tittllll)nnr" c:uunr.ttl rO"I\ thrnvgh tt'ltIIlQ,,,nt'nont blJ\ dhJ nol
~~h;",
.. \1"'
. ~'I.
~ !'~'.
nolle. that tha parll.. h.o ao,oed 10 t,eva 11 anlnrarJ nl en 0111.' ot COlin.
0,
Thft Hnnornbla PDn"v L. OI.tkWIIII Ilg"aO , Tftmporo'y O,ue, ul'nn
',"'"
" .
c-onlkJer81lorl nl tha ~Inllllltl', r. 1',," P"ltll)n I'" ~por.I.1 "ollal. un .Iuno 10,
1m!'!,
10, TllIl flijtlllooot "gro", 'u tlnv" IhQ CU,'t',dy Itr,tllJllln Ylllk County, No
D7.SU,02!lOl.03,o'llnl...rl, Gt,. will filo h,' PoIIII"" In ClImbo,lo"d County.
, 1. n", dol,,,da"t wel """", .",vo,j wilh 11111 eu.lndV Co",pllh" ell<\ b
Pan. pUlltKln '0' Spm:utl noliar,
WHrnu=OI\l:, thtlt plelt,t!lIln~pf'!c:thllt)' IIf(P.IH~t~ lhl~ 1If/l'l"'Uhhl (ovlt to
v.c.:ote the Tomp(lr,uy O/lJer I'lnUund 111"1 JUllfl ,~, l~1)1 nnlJ IlItlmt\~ "'II Custody
~'. , I
111 117
..
, 't,'
t '. ~
~t. ...~"
:,'!,.
Co",IlI.I~' OIad"" JUM \0, \997
~OIPoVIIIlII\' (llIb""lIo~,
\ \
'0~~ (L:, _ ,_.._
~"IO CIIIO'O, flqUllo
/llIumo\, Il" ~.,ltl~".'
oup"''''' ~"u,,'O' 779~"1
CttlTR"L ~A L~(;AL 5~nVlcrr.
2~O E, M"~OI (II/out
York, rA \ 7403
(7l71 048.aG06
~f ....
\:01:
. '.
I..~. . . ,
\~t', ..
,~~ I
'1,'
. .111
~~,.t.~
Ii.
'I'
,~ .
'('j "
~t. ..
":">,:,,
."il"~
~I.l'..:!
':~!;:\ ,
. )It' ~I \
; '.",f'.
" it
1;1.
.....
/' '.
'.""
-~1 ' ,
'~.~.llt.~tC-
MI~hollo L, 1;0""
C:ol1lflOd L.ooIIIII.'~
CttlTflAL ~A I.~GAl SEAVICr.r.
~,."
',I . r. ~,
\ ",r
, '
,.. "
,.'
.',
',lit 117
I":'."'"
, i'f"'i:'
,," ,
, ','
11~'{(
','~ f
I, O~wn 1.11'" CVI.I~. /llIn"'~V lQ' rolll"ln.,, v,"I'V Ihnt ,ho "u,o","nn
mid_ In \hl. ~"tIlIOt) ,.,. \lul IIltl (11",(1, I umlo,tllll'd' Ulut 1IIIu .HuonMlnU
'"
~\, "
f.i~: ..
, "','
,i""
~s' ",';
2i' .
"~,;,,.,
l~/ "
~.l -.
h.,.ln OIl "lIldu lubl.,'IU 'ho puMIII". 0' ,n 1',,, C,t. 141104 ,,,lollIIU 19 IInl""'''''
101all1c410JI\ Iu ."'M'"'''' 1111\1'0"'"0".1, vo"lI<o,I"" VII"u,"'IU r.,H.C....
1024. MV cll."t, 000'"'' M, WIIII"nll. II vllllltl. Ih,I",I,dICIIQIl of Ih, COlin,
have penlJllnl ~1l11VV"ttlO' 01 III thO .VI1t1tnt11t n\'"1" h, H\l\ rQl1l1nn.
"
" '
(
\ ~'
\ I, ..'
I. '
t\ IL,L ---
1ft ~,~I", tl~"'"
"t10"'"V 10' rOI'"nn"
Uup'o,,,, Coun IPI 7106'~
erN I ML PA W'IAL r,mvlC:~6
2511 f.. Mo,~,'lltro'"
Vur~. PA 17401
11171 846300U
"
~~
'/I'
:\
p.'
'i..~~\.:.. .
I ~:\:
! ',;:"
r '
.
I..
,'.:'
0,
'.
.fr,",-,
I:"~:'t.
, ,,".'
.'
, t.~:'
,,"
t'"
. ,
. I';'
':':
. .
.
t<.
.','
It. .
'.,'"
~ t,," I I ' ,
, I
OBO
10-17-9B OllD~,Il. IWrED 10-17-97 - IN lIB P~71'11'lON 'It) BE'I' ItFJIIlING
- 1lW\IlING 12-0-'l7 10 N>1 ell ,I - 13Y KEVIN II IIEIlB .J
NaI'lCE MAILED 10-20-'17
12-10-97 OI1DER 01' COJrfl' - t\'\TEO 12-0-,}7 - IN RE PF.'l'lTICll TO
INTERVENE - UY KI':V1N II Imas .J
COPlER MAILr-:n l;l-IO-'l7
12-17-97 OPINICll ANn Olll1EI1 - IWl'ED 2-14-,}B - IN IlE pF.'rl1'IClN TO
Wl'EINENE tUUF.J) - 13V K8VIN II IlEflfl J - aJPIF.B MAlJ,ED 2-
IB-'lO
03-10-90 NanCE OF APPEIIL '[t1 SLJPERIOI1 COJI1T
CElfl'lFtCII'I'E OF ~mlNlCE
Nann: OF M'I'E/IL TO SLJPEl1lOll COJR'r ro::KE:!' H 40 1100 98
03-19-90 '1'111\NSC1m~1' FILED
04-01-90 'rI1I\NSClm~1' FILED IN I1E TI1I\NSCI1IPl' OF PROCEEDINGS BEfORE
KlVIN A m~ss Ma'l1>/lY 12-00-97 COJI?I'Ral'l H4 - I1ECOIlD OF
PI1IXE~:DINGS IS IIEI1EBY M'PI1OVEP AND PIROCl'ED TO BE FILED
KEVIN II IlESS .JLJI>GE
079
081-00B
OB'l,.1}'l4
095-162
i i
,
,
, '
I'G'IF. J
001-001
004-007
001l
00Y-014
01',
01l>-0)1l
02Y-04 'i
046
047-0',4
0'\<,-0'i7
0'\1l-061
064 -on
074-07<;
076-C178
079
.
.
^1II1l11~ IIw Ilrcull" ulI,l I'III"rr<lIIl~' rlllllllr<l III Ihr rllutI "' C'III1UIIIIII 1'lcI" ill III1lI rill Ihr
.IIl1l1ly III ClJl1m~llIMl~,. ,. _., ..
96-4177 CIVIL
"' Nil, ...__,,,..-101 ,.JJOO,,2JL...,, .
'''"0- III IIw ('IIlnlllllllll<lIl1h IIr 1'<IlIl'yIIUIIIII
I crill, 1'1...."..... I' wllluillrd Ih< rllllllWIIl~:
l'<lI'Y 01' _Al'1)~_.."".. _""n "....b._...__...._____.. 11C)l'KFII:NTIIY
96-417'1 CIVIl.
404 -IllIG-90
I'IIUI, E. Wll.I.INIS
va
00III'fi'\ M. \<111.1.111I<<I
117-23-96 C<l'IPIJlINI' - D1VOllCE
07-23-96 PIITITION 10 (:ctWI~ ClIS'IODY - C1III.D CUS'I'OIIY - lW KE:VIN fI HERS ,I.
NOnCE MMLED, 07-30-96
07-29-96 ORPErl - PII'I'ED 7-29-96 - IN liE Pr:l'I'l'IO'I TO CO'II"I1~ CUS'I'OIW - BY
KEVIN fI IIESS .J
NOI'ICE MMLEO 7-:10-96
10-31-96 CER'I'U'ICM'E OF SERVICE
fll'FIPflVIT OF COOSENI' - o::ml - PlJlINl'lFI'}l fJlO DEFENOIIN'l'S
WflIVER OF NOTICE OF INl'ENrION '10 REQUEST IJ'ITRY OF fI DIV DECREE r-o~
OOlll PIM 1'11'11"1' /lN1l OEI''l'ND/lNT
PRAF.cIPE '1'0 'I'111IN1\.'iMI'I' Rl',CXmDS
U-00-96 llTVOIlCF Dr-rREF ENI'EIlEIl BY KEVIN fI IIESS ,J
NO\'ICE MM LEO
07-07-97 PI"I'ITlON FOR CUS'IDDY MODll'ICflTlON
EMERGENCY PETITION Hm SPECIfll. RELIEF
'lH>1I'OrwlY OIlDER - OII'l'm 7 -7-Y7 - IN IlE r-MERGENCY PETlTlOO 1-011
Sl'ECIflL RELIEF - BY KI':VIN fI IIESS ,J - COPY PFRflO'IflLLY 3lVEN 7-7-97
ORDER OF COJI~I' - IN 1m MOllIFICfI'I'ION OF ClISTODY - PRr-JIEflRIN<;
CUS'I'ODYCXl'lFERr-:NCE 1l-14-97 @ 2 I'M @ 302 S IR'nt STREET CJlMP IIlI.L - BY
MIC1lflEL I. [I/lNGS 1"1>;) CllS10DY COOCll,INI'OR - COPIES PEIlSONflLLY GIVF.N
7-7-97
07-25-97 EMERGENCY PETITION !-OIl SPECIfll. REl.IEF
07-29-97 ORDER - Dl\TEP 7-29-97 - IN HE r-:xPMfl'E PETITlOO FOR SPECIfIl, REI,Il';F _
Olmr.:1l 01-' 7 -7 -97 IS VflCflTED - ClJS'I'OOY 0l'IC 1 LINI'ION al'lFERENCE 8- 14-
97 2 I'M @ 102 S 18'111 S'I' CN1P IIILr. BEmRE MlC1ll\Er. L MNGS EFI,J BY
KEVIN fI IIESS ,J
COPIES MflIr.ED 7-29-97
08-22-97 ORDER OF coorn - PIITED 8-27-')7 - IN IlE pr,:n'l'loo '10 INTEllVENE
08-27-90 OROEll 01-' CXXJR'I' - DfI'l'ED 6-2"-97 - IN IW PE'I'lnOO 1') INl'ERVENE 11ULE
'1'0 SIlCM CAUSE IS ISSUED lJ[1(l'I PIAlNI'IFF IlESJUlOENI' fINO IlEmNDIIN'I'
IlESllQoIOFNr '10 FILE fI IlESI1(l'ISE m PE'I'I'I'IONEIl'S PETITIOI'I WITIllN 20
DflYS - BY KEVIN fI IIESS ,J
NO\'ICE MIIILEO 8-27-97
00-20-97 CUS1'OI1Y C<l'ICILIflTlON Cml,T::m.:NCE Sl~1MfIIlY REn)I~1' fIND OlmEIi - Il/\TELl U-
27-97 - I3Y KEVIN fI IIESS ,J
COPIES MIIIr.EO U-27-')7
09-15-97 11ESl'C:NDEN'l' I'flUL E WILLTJlMS ,W flNSWER 1'0 PETITlCl'I 'm [Nl'EIM';NE
09-10-97 IlEFENDNrI"S PllflECIPE OF CXlNClIRllENCE BY MIKl'I D PflllNES ESQ
10-09-97 PETITION H) SF:I' Il'-'MHN<;
10-17-97 ClimER - IWrED 10-17-')7 - IN IlE PI':I'I'I'WN '[0 SET IIEARIN<; - IIFARIN<;
12-B-'l7 IOIlM CIl 4 - IIY KI':VIN fI liE:;:; ,J
N<JI'lCE MIIII.ED lo-m-'n
-
"
,,'
,.
I
I
or. T\,~~~m'~OTAAY
I
9~ I~"n (Ii PII ~I hi,
('1'1 'I
"1'.. .1
I. I
.i, ','JiI'IIY
,;(I1Jl\11l(\ !
-I' "
.,
!'!i':
I,
"
d
"
"
, '
"
"
I
,
'I!
l'
, !
"
'I
"
'"
"
, I
, ,
'I
,J
"
,
,
L
"
"
i!
t"
I,
,I
,I
, ,
, ,
,
,
"
,
I
"
,I
,
"
,I
'i
'I
,
I
"
" I
I
"
, "
"
'1
,
"
\.
..
.
IN 1'H1I COUIlT 011 COMMON 1II.liAS 01' CUMIH!llI.ANJ) (:OUN'I'V, IlllNNSV1.vANIA
PAUL E, WILLIAMS
I'hllmltl'
NO. 96,4177
VK,
CIVIL AGl'lON ' LAW
IN CUSTODY
DEANNA M. WILLIAMS
Dctcl\d~1It
.lIId
MICHAEL R. l.AROCHEl.LE
Imervellor
PRAECIPE FOR ENTRY OF A~PE~C13
,
\' TO THE PROTHONOTARY:
Ple~se eliteI' lilY .Ippeamllce on beh.llf of the Dctclld,lIIt, Dellllllll M. WlllhllllS, ill the
,Ihove c.lptiolled IIHltter.
RESPECI' 'ULLY SUBMITI'm:
The Office of Kurt A. Blake
,.
ji
,
,
ut't A. B1.lke, Esquire
Attol'lley m No. 68791
40 H.,st Princess Street
York, PA 17403
(717) 8411-3078
,',I
,~ "
"
'Ii
"
, ~
,
"
ii,
J
"
. ,
I
,
"
,
"
1 ',.,'1
I'li
'! ,I
I I , I'
, I:
, I , ,
I ..
I .
,
oj ,'1
, ','-
j i " ~ .' I
'I
ill
i,"
"
,
" ~~~
"
;.1 'I .,
I
, ~'
, ~ '
,I .~ ~
,
i( , ~ "
~,
I,
"
'.
"
'I
!
,
I
,"
I
:'1
('
',1
,I
"
,
'I
,-II" ,'"
:J
,',I I, ,I
dill
."
'I
,I
",I!,
"
1 ,
1",1
1",1'\"
,
I
.
,II
,
"
"
'1
','1'
'Ii'
,
, ,
:.
,
I"
'I
,....11,
.. .
,,,,
.
.
!
, .
, ,
"
,
" "
I , ,
"
" ,
"
, "
"
, ,
, , "
ii' ,"
, !1
, ,
, ,
,
,
, 1
,
,
,
~ lr> :>.
11; In &::;' "
r.'-o ..
,') -
~!h ::c !'.)~J~ , ,
1)- [i I.l. 'Jf:)
l})~, / I.
.... 'lif&
riJ'i -,
rr:V >, il1~
",," ~I,
h
F ::J'::' ~; , , ,
~ Cl'l '~
.:n (,
';
,I
Ii
"
I,
" ,
"
" , ,
,I "
'" "
"
'1.1 ,
~ II " "
J. A41016/98
and Sertoll-Cell-Only Syndrome.l While the testimony Indicated there was
some disagreement between the parties about the significance of these
diagnoses, there was no disagreement about their chosen course of action,
to proceed with artificial Insemination using donor sperm, Id. at 11, 31-32,
Mother testified she underwent artificial Insemination with donor sperm four
times, In January, February, March, and April, 1995. Following each
attempt, Mother had a blood test, and all were negative for pregnancy. rd.
at 30. The last blood test was on May 1, 1995, Id,
Mother stated that she separated from Husband for a few weeks In
May, 1995, and went to stay with her mother In Washington, D.C. rd. at
29. While Husband denied that the parties separated, he admitted that
Mother went to stay at, her mother's home In WaShington. Id, at 15. While
In Washington, Mother had unprotected sexual Intercourse with
Michael LaRochelle one time In May, 1995, rd. at 29, 45, LaRochelle also
testified that Mother was living In Washington, D,C, at her mother's house
and that she was separated from Husband, Id, at 45. Shortly thereafter,
Mother returned to her residence with Husband. Sometime In mid to late
June, 1995, Mother learned she was pregnant, Id, at 30.
~lusband testified that the Sertoll-Cell-Only Syndrome resulted In the
Inability of his testes to produce sperm. N.T., 12/8/97, at 9. Cecil Textbook
of Medicine Identifies men with Sertoll-Cell-Only Syndrome, or Germinal
Aplasia, as being first seen by a physician due to sterility. Cecil Textbook of
Medicine, 1371-72, (James B. Wyngaarden, M.D, and Lloyd H. Smith, Jr.,
M.D., eds., 17"1 ed., 1985).
- 2 -
J. A4l016/9B
LaRochelle, knowing that he and Mother had unprotected sex,
telephoned Mother and asked If she were pregnant. She lied to LaRochelle,
telling him that she was not pregnant. Id. at 36, 40, 46. Mother also lied to
Husband and told him that the artificial Insemination must have worked.
Her reason for lying was that "we had Just patched things up, and I didn't
want him to Ip.ave." Id. at 15, 31. When Husband questioned her, Mother
admitted that someone else was the father. Id. at 32. She first told
Husband that the father was an old boyfriend because Husband previously
had accused her of flirting with LaRochelle, and she thought It "might lessen
the blow to him, to his anger." Id. at 33.
On January 1, 1996, Mother gave birth to Paul Williams, Jr. Sometime
in the ensuing weeks, a few weeks before the parties again separated,
Mother admitted to Husband that LaRochelle was the biological father of
Paul. Id. at 39. Approximately two months after Paul was born, the parties
separated. Id. at 1B, 33. They divorced on November B, 1996.
From the time LaRochelle had telephoned Mother in June, 1995, when
she lied and told him she was not pregnant, Mother never spoke to
LaRochelle again until July, 1997, when Paul Jr. was eighteen months old.
Id. at 35, 52. She had attempted to reach LaRochelle once In April, 1996,
but she was told that he was out of the country getting married. Id. at 34,
49. Mother finally located LaRochelle In July, 1997, In Annapolis, Maryland.
Id. at 35, 47, 52. Mother told LaRochelle that he had a son, and he drove
.. 3.
J, A41016/98
the next day from his home In Annapolis to see the child, Id. at 37, 44, 47.
Three to four days after LaRochelle's first visit with Paul Jr., Mother,
LaRochelle, and Paul had blood samples drawn for analysis by Baltimore RH
Typing Laboratory. Petition to Intervene, 8/22/97, at '1 26, 27. The August
4, 1997 report from Baltimore RH Typing Laboratory concluded that there Is
a 99.97% probability that Mr. LaRochelle Is the biological father of Paul Jr.
Id. at '1 29,
Meanwhile, Husband prepared a custody agreement. Id. at 22.
Husband testified, "What had happened was basically 1 wanted primary
custody of my son. Basically Deanna wanted her freedom. And so what was
agreed upon was that she would sign over primary custody to me as long as
I did not pursue child support." rd. at 23, Mother, unrepresented by
counsel, signed the agreement. rd, at 42, She testified that "[I]t was
printed right off his computer. I thought It was nothing legal. And I thought
It was only temporary." rd. at 42. Husband, with counsel, filed a petition to
confirm custody on July 23, 1996, and the trial court signed an order
confirming custody on July 29, 1996.
Mother flied a pro se petition to modify custody on July 7, 1997, and
an emergency petition for special relief on the same date, The trial court
entered an order on July 7, 1997, granting Mother physical custody of Paul,
which It later vacated on July 29, 1997, following the filing of Husband's
emergency petition for special relief on July 25, 1997. On August 27, 1997,
- 4 -
J. A41016/98
LaRochelle flied his petition to Intervene In the custody mBtter. On that
same date, the trial court entered an ordel' awarding shared legal custody of
Paul to Mother- and Husband, with shared physical custody alternating
between them every two weeks,
Following a hearing on December 8, 1997, at which Mother,
LaRochelle, and Husband testified, the trial court denied LaRochelle's petition
to Intervene In the custody proceedings on February 14, 1998. This appeal
by LaRochelle followed.
In analyzing this ca~e, the trial court was ambivalent concerning
whether the presumption of paternity applied and was rebutted. lnltlally,
the court stated, "We are satisfied that this Is not a case where the
presumption of paternity Is Irrebuttable as there Is no Intact marriage." Trial
Court Opinion, 2/14/98, at 3, However, the court later stated, "the
presumption does apflly and has not been rebutted. . . ," Id. at 4. At any
rate, the trial court proceeded with an estopf.lel analysis and concluded that
since Husband had accepted Paul Jr. as his son since the child's birth,
"[M]other Is estopped from challenging the paternity of her former husband
and, by extentlon [sic], Mr, LaR[ochelle] has no standing to make a claim for
custody, partial or otherwise." Id, at 7,
The presumption of paternity the trial court referenced historically has
been considered "one of the strongest presumptions of the law of
Pennsylvania." Brinkley v. King, 549 Pa, 241, _, 701 A.2d 176, 179
- 5 -
J. A41016/98
(1997) (plurality). That presumption provides that a child conceived or born
In a marriage Is a child of the marriage. In Brinkley, our Supreme Court
went on to reiterate:
[TJhe presumption may be overcome by clear and convincing
evidence either that the presumptive father had no access to the
mother or the presumptive father was physically Incapable of
procreation at the time of conception. However, the
presumption Is Irrebuttable when a third party seeks to assert
his own paternity as against the husband In an Intact marriage.
John M. [v. Paula T.l, 524 Pa. [306] at 323, 571 A.2d [1380J
at 1388-89.
ld. (footnote omitted).
This Court recently reviewed the "es5entlal legal analysis" In these
situations:
First, one considers whether the presumption of paternity applies
to a particular case. If It does, one then considers whether the
presumption has been rebutted. Second, If the presumption has
been rebutted or Is Inapplicable, one then questions whether
estoppel applies. Estoppel may bar either a plaintiff from
making the claim or a defendant from denying paternity. If the
presumption has been rebutted or does not apply, and If the
facts of the case include estoppel evidence, such evidence must
be considered, If the trier of fact finds that one or both of the
parties al'e estopped, no blood tests will be ordel'ed.
Martin v. Martin, 710 A.2d 61, 63 (Pa.Supp.r. 1998), quoting Brinkley,
supra.
In the present case, Husband was diagnosed with two conditions, one
of which potentially affected fertility, the other of which clearly precluded
pregnancy. N.T., 12/8/97, at 31. While Husband's testimony was
ambivalent and equivocal on this point, It is clear that due to hl!i
- 6 -
..
J. Ml016/98
~productlve disease, he chose artificial Insemination with donor sperm. ld.
at 11, 31-32. As Husband's medical condition precluded the possibility of
pregnancy, the presumption of paternlt.y was rebutted.
,
Moreover, ~ jf Husband's medical condition Is not held to have
precluded pregnancy so that the presumption Is rebutted, It Is clear that
there exists f1Q il1litQ; f.i!mJl~ to protect herein. The existence of an Intact
family to protect Is significant to the analysis of whether the presumption of
paternity applies. We have discussed the Import of the existence or non-
existence of an Intact family, as referenced In Brinkley v. King, supra, In
recent cases In this Court. See Martin v. Martin, supra; Amrhein v.
Cozad, 714 A.2d 409 (Pa.Super. 1998); Green v. Good, 704 A.2d 682
(Pa.Super. 1998). As we stated In Green, Id. at 683 (footnote omitted):
In the Opinion Announcing the judgment of the Court [In
Brinkley], Mr. Chief Justice Flaherty, joined by
Mr. Justice Cappy, noted that the court's legal analysis Is two-
fold: the court first must consider whether the presumption of
paternity applies, If It does, has It been rebutted. Second, where
the presumption has been rebutted or Is Inapplicable, the court
must determine whether estoppel applies. However, the
presumption of paternity Is not to be blindly applied to all cases
In which the husband and wife were married at the time.
Rather, the presumption is to be applied only where the policy
which underlies the presumption would be advanced by Its
application. The public policy In support of the presumption Is
the preservation of the marriage, I.e., that a marriage which
functions as a family unit should not be destroyed by a dispute
over the parentage of children conceived or born during the
marriage. Thus, because wife and husband separated before the
child was born and were divorced at the time of the complaint,
there was no marriage to preserve and the presumption was not
applicable. Madame Justice Newman, joined by
MI'. Justice Castille, agreed with the Chief Justice's determination
- 7 -
','
J. Ml016/98
that the presumption "does not apply where Its purpose Is not
served." ld. at --, 701 A.2d at 185. Their disagreement with
Chief Justice Flaherty's opinion related to the means of rebutting
the presumption not on when the presumption should be
applied. Thus, four Justices, a clear majority, agreed that the
presumption should not. be applied where there Is no Intact
marital unit to protect.
Applying this analysis to the Instant case, It Is clear that there exists
no Intact family to protect. Mother and Husband separated before the birth
of Paul, Jr., reunited, and then separated permanently when he was about
two months old. They were divorced eight months later. Husband presently
lives with his fiancee. By the time the custody action and all ensuing
pleadings were flied, the parties had been divorced. As In Green, under the
Brinkley analysis, "t.here Is no marital unit. to preserve so the presumption
of paternity does not apply." Green, Id. at 684. "Because the presumption
[of paternity] Is not applicable, our next Inquiry under the Brinkley
framework Is whether estoppel principles are applicable. . . . Because 'the
facts Include estoppel evidence, such evidence must be considered.'''
HartIn, supra, at 65.
The trial court herein concluded that since Husband has cared for Paul
Jr. since birth, "[t]here can be no doubt that, as far as the child Is
concerned, [Husband] Is his father. .. Mr. LaR[ochelle), on the other hand,
has played no meaningful role In the life of this child for more than two
years." Trial Court Opinion, 2/14/98, at 6-7. The trial court, we believe,
has failed to analyze the estoppel evidence In light of all relevant
- 8 -
J. A41016/98
Third, the trial court's conclusion regarding estoppel was based
partially on Its observation that LaRochelle "has played no meaningful role In
the life of this child for more than two years." Trial Court Opinion, 2/14/98,
at 7. First, It defies logic to hold It against laRochelle that he was
uninvolved In his son's /lfe when he never knew the child existed. Second,
the above-quoted statement by the court Is not supported In the record.
Once LaRochelle learned of the child's birth, he Immediately began to assert
himself In the child's life, culminating with his legal efforts In this case. His
efforts to take responsibility for his child have threatened his own marriage.
N.T., 12/8/97, at 49.
Finally, there Is testimony of record that when Husband first learned
that Mother was pregnant by another man, he told her that she could "never
notify. . . the biological father. . . ." N.T., 12/8/97, at 33. When Mother
finally located LaRochelle In July, 1997, she did so after numerous threats by
Husband "that If I even contacted the father that he would take [Paul Jr.]
not only from him but from me as welL" ld. at 35. Paternity by estoppel
never was Intended to protect fraudulent actions.
We conclude that the presumption of paternity Is not applicable, and
the evidence Is not sufficient to establish paternity by estoppel. MartIn,
supra. Therefore, we are constrained to reverse the decision of the
1
common pleas court and allow the Intervention of Mr. laRochelle In this
matter. The common pleas court can continue with the relevant questions of
I
...
"
, '
!
- 10 .
J. A41016/98
paternity In light of our analysis, and proceed to a resolution of custody
Issues.
Order reversed. Petition to Intervene of Michael LaRochelle granted.
,
I
'I"~ '
I .
j!r ael G':'Ole~ar. Esquire
/? ' .8oll8 Street
, sburg, ~l03 ",
'- ~~
1,..,., ~,..
, ~.t,,ll ~ <'rd'" ....
" ~~O " ;f,
, "'Or .:
. ~ I
,v.- /J
1'1''''I''I'''llll'I'IIII''lIl~~JI.,(,''lIl''lI
h :'~l'~ ',.1,-,;
I
....lJ'
'.~.i"'.'
'" ,
,
I .
, I
I
ii'
. !il
I , I,
I
'I " ,
1/ " Ii " ,.
, ", I
I_"
",
i(:"".'-<tf",
I
'............
"'l"'i
I.
,
"
.'
.
"
Iii'
,I
I,i\ I
',;d:,
i'l,I'
"
"
i,'/
, Iii'
"
';i'
"t'.' 1'1
'I I
'(I
,
I
I'"
.'.,t Ij"i
"I '.':,
,I' "I
:I!
'.j'.' I
:'; ltlclWd J. 1'1e1CC, Court AdmInistrator
;1 cUmberland cquilty Courthouse
\1',;, One eourthoUl'll Square
',I CarlI,le, P A 17013
""DC 170
'f.
,'n8:a-,.,.:a 116
"
"
:'
"
Iii
, "
, "
I
"
': 1,'\ ",I
, "
, , , , ,
,
"1 ,
" , ,
I'" ,'I , i
"
,I. 1:,
'\ I,
,el
,
" "
, 1 , '1 \
" i't " II
, ,
, 1 i/l;
" , , 'I
" " ,
, 1 , I' 'I
" 1 , I
I
"
" ,
.
\:',
I'
1
-,
,"
'.:,
'.i'
l il',r-"
'Ij",'
,I',
i'/t
do"~
.--',-1"'......../.....,.,
".. ,.. ~ I
.~:,I_.
,-,_..~ ...-
'"
,",
"
'I'! "",.,..
.J I
t
, ,'I' \',.';}
I.'"
L,r-,.,__-;
r,'I',-;},"ti'j:,J
" .." :--.',H~
;11' :..!Hlt
i,::J,'::!',:WliJ
\/111 ',"
'I' j /'
I ;, ,;,:1P,'1
"I, I ! ,jlll
1,11'1"
I 1 '{. F
"I ! !'I ~ll!;l'
':'I,J~:;i;'/ii
'01"'; ,I
H' ,,}
"
"
-..... j.... .~
----
: 0.33
,hMpllfTl
".l
,:
'I
,
,
,
}
1
"
l.
l,
I'
'1'
\,
,\."
J
, . I '-.',,-'.'1* ,
,'.' .. ': ;..', ; I . .' I i. ;"\1,- 'r,'",,(.;.;
I' - ".,,, '."VM' 1I,~.t~Itl~rr:U;i>\I;;;--!tII.,.'lIif'I"'-"'~~'~'lW'AWj'f~;iio1'~till,,\iim;fi'i"'&_w.." '
"
"; " I
. '
,
, .'
, ,
Iii
"I.'t"
pIlfllIaMnt physical custody of the minor child subject to periods of partial custody and visitation
, With the natural father 8.11 agreed upon by the plll11es.
4. The natural father sholl be entitled to four (4) weeks over the summer months. ThollC
four (4) weeks shall be divided up $0 that he hus one (I) two week segment and two (2) other one
, ,
week IICgmen18. He sholl provide Mother with thirty (30) days advance notice as to when he
intends to exercise his periods of partinl custody and visitation.
S. Such othflr times as the pW1les may agree.
BY THE COURT,
I"j'
IsI ~ a... )-k..--
KEVIN A. HESS, J.
-
, ,
,
'I,
Mlehael O. Oleyar, Esquire
Aaron D. Parnes, Esquire
,mlb
,
"
TRUE COpy FROM RECORD
In Testimony whereof, I here unto set my hand
and tha leal of sold Court at Carll lie, Pa.
This .....1::4..... ,day oL..~~..., 19..'1.1..
I. '4t;".a.., ~~"".....-
I""u'"nll~" ,.0
'" . Protho tlry
;1,
, ,
, ,
j'
"
"
','
,
.
"
"
"
,
)1
'II
PAUL B. WILLIAMS, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
) PENNSYL VANIA
VR. )
) CIVIL ACl'l0N - LAW
. DEANNA M. (WILLIAMS) PACK )
Defendant ) NO. 4177 CIVIL 1996
)
vs. ) CUSTODY I VISITATION
)
MICHAEL R. LAROCHELLE, )
Intervenor )
(i I'
lljl;
LI,
JUDGE PREVIOUSLY ASSIGNED: The Honorable Kevin A. Hess
CUSTODY CONCI~IATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 19I5,J-8(b), the undersigned Custody Conciliator submits the following report:
1. 111e perti~ent infonnation concerning the child who is the subject of this litigation Is
as follows:
NAME
BI RTH DATE
CURRENTLY IN
CUSTODY OF
Paul E. WiIllwns, Jr. January II, 1996
fllaintilT
2. A Conciliation Conference WIIS held on May 13, 1999,and the following Individuals
Were present: the PlainlitTWld his attorney, Michael G. Oleyar, Esquire; the DefendWlt appeared
with her attorney, Aaron D. flames, Esquire.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
..
.
5. Tl)e PlalntUrs position on I:usllldy Is as follows: See attached Order.
I'
6. Tho Defendant's position on custody Is os follows: See attached Order.
7. Need for seporote counsel to represent child: Neither porty requested.
8. Need for Independent psychologlclll evaluation or counseling: None requested and tho
Conciliator docs not believe ony Is necessw'Y.
f1
'(.
Date: May 21,1999
rJ I~~~j(,fd j .M JnA~
Mlcn",,1 L. Bangs ~
. Cusllldy Conciliator
" .
1.1'